(Sen. (Dr.) Machage): We have several statements lined up for delivery to the House today. The first one is from the Chairperson of the Standing Committee on Health. HEALTH STATUS OF CHILDREN MISHANDLED BY MEDICAL STAFF IN BUSIA COUNTY

Thank you, Mr. Temporary Speaker, Sir. Yesterday I was directed by the Speaker to give this Statement this afternoon but this is a supplementary question that you had requested. I have just received information that the Statement to the supplementary question is not available as the Cabinet Secretary and all the substantial staff in the Ministry of Health are in New York in a conference and although the Statement is ready, it has not been signed by either the Cabinet Secretary or any of the officers. Mr. Temporary Speaker, Sir, we do not have this Statement and I ask your indulgence that we give it out as soon as it is signed by the officer, hopefully sometimes next week. Thank you.

(Sen. (Dr.) Machage: Very well! Since the Questioner is on the Chair, I do not want to execute that more. The next one is by the Chairperson on Agriculture, Livestock and Fisheries. Any Member here?

On a point of order Mr. Temporary Speaker, Sir. Although you had ruled on the issue of the first respondent on the question you had raised, did you hear the representative of the Chair say that every Government official is in New York? Does it mean business does not operate when Government officials have left the country?

Mr. Temporary Speaker, Sir, I am sure that I did not say every official in the Ministry of Health but the officials who are substantially senior 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): Actually, even Statements by the Principal Secretaries can be rejected by this House. The Constitution is very clear on this. It is only the Cabinet Secretary who has the mandate to give answers to this House and, indeed, the Ministries should be completely discouraged and even stopped not to send to this House Statements signed by somebody other than the Cabinet Secretary. That is the law.

(Sen. (Dr.) Machage): Actually it is you who is out of order. The Chairperson just shared information he was privy to. He has no part to play in the dissemination of the activities of the Jubilee Government. I do not think he is aware of any delegation to the United States of America. However, I think you have been overtaken by events because we have a Statement sought by a Member of this House, Sen. (Dr.) Khalwale, which is more detailed than you have put it, on the same issue. Let us wait for that Statement. Where is the Chairperson of the Committee on Agriculture, Livestock and Fisheries? Did we get a reply to this Statement? Proceed, Sen. M. Kajwang, you are Member of this Committee. COST OF FERTILIZER FOR TEA FARMERS

Mr. Speaker, Sir, the Statement on this matter is not ready. However, I undertake to follow it up and have it issued in the next two weeks.

(Sen. (Dr.) Machage): Since precedence has already been set, where Sen. (Prof.) Lesan was ordered by the Chairperson to bring the Statement himself other than the substantive Chairperson and Vice Chairperson, I order you to bring the Statement in seven days. Where is the Chairperson of the Standing Committee on Legal Affairs and Human Rights? Proceed, Sen. Mutula Kilonzo Jnr. STATUS OF PREPAREDNESS OF IEBC FOR THE NEXT GENERAL ELECTION 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, Statement No.3 has been put on the Order Paper by mistake. We agreed yesterday that the Standing Committee on Legal Affairs and Human Rights will endeavour to deliver the response on Tuesday. The Independent Electoral and Boundaries Commission (IEBC) gave us several statements in one document. We requested them to separate them. We have requested for that Statement to be delivered on Tuesday.

(Sen. (Dr.) Machage): Very well, it is so ordered. Where is the Chairperson of the Standing Committee on Labour and Social Welfare? Is there any Member of that Committee in the House? Where is the Senate Majority Leader?

He is in New York!

(Sen. (Dr.) Machage): Is he in New York also? I am disturbed because the Majority side has very few Members. So, who is acting on his behalf? The House must function. If there is nobody acting, Serjeant- at- Arms, look for the Senate Majority Leader and bring him to the House wherever he maybe or somebody to act in that capacity because the House must function. We will go back to that later. What is it, Sen. M. Kajwang?

On a point of order, Mr. Temporary Speaker, Sir. In the English language, there is a word called “absconding” which refers to a situation where a leader or someone gives up a job that they have been given to do. Would I be in order, in light of the fact that the Senate Majority Leader is not here and the President is also not in the country to say that the Jubilee Government has abdicated and absconded duty?

(Sen. (Dr.) Machage): Well, I cannot interfere with your opinion. The Chair is not privy to the fact that the President is out of the country neither is he privy to the information that the Senate Majority Leader has absconded. However, let us wait. I have given an order. In a few minutes we will know the truth, but maybe you have a point. Where is the Chairperson of the Standing Committee on National Security and Foreign Relations? Is any Member of the Committee in the House? What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Temporary Speaker, Sir. I do not know whether you have noticed that in the Statement being sought, which you have just called out, there is reference to “affected by boda boda crime.” in my view---

(Sen. (Dr.) Machage): Which statement are you referring to?

Mr. Temporary Speaker, Sir, I am referring to statement (e). It says: “to issue a statement on raising insecurity in Nandi County and other counties affected by boda boda crime.” We are the ones under you who arbitrate on national issues, is it right for this statement which attempts to profile our youth who are engaged in a decent way of earning a living by way of riding boda bodas; is it right to call it boda boda crime? Is there such a thing as boda boda crime?

(Sen. (Dr.) Machage): What is it, Sen. Kagwe? 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, as much as I may agree with the sentiments of my friend, are we in order to discuss the question even before it has been answered?

(Sen. (Dr.) Machage): These are words put to us by the questioner, Sen. Sang. Maybe, as Sen. Kagwe has said, we wait for the answer, listen to how the answer has been framed and see whether the meaning of “ boda boda crime” really stands to your comment, then we question why it is so. What is it, Sen. Musila?

On a point of order, Mr. Temporary Speaker, Sir. I am assuming that you have completed Statement (e). Mine concerns two issues about cash transfers to the elderly, the youth and the disabled. First, you will recall that the Acting Cabinet Secretary for Labour and Social Welfare came here and promised to come back. That was before we went on recess. When we resumed, I asked when the Cabinet Secretary will come here. I was promised that I will be given a date this week. Secondly, there was the issue of security in Kitui-Tana River border whereby before we went on recess, the Chair ruled that the Cabinet Secretary for Interior and Coordination of National Government would be coming here to meet the Committee of the Whole House to discuss the issues that had been raised since the Chairperson could not give us a satisfactory answer. I am requesting that I get the dates when the Cabinet Secretary for Interior and Coordination of National Government and the Cabinet Secretary for Labour and Social Welfare will also come. These are very serious matters. The moment this House continues to leave matters like these pending for too long, they will have no meaning because my people at the border have continued to be harassed yet I am not getting any answer. The House should rise to the occasion and ensure that the Cabinet Secretaries concerned come here and address these issues.

(Sen. (Dr.) Machage): What is it, Sen. Obure?

On a point of order, Mr. Temporary Speaker, Sir. It is a follow up on what my colleague, Sen. Musila has said. Five Statements were scheduled to be issued today. Not a single one has been issued. You can also see that the mood in this House is somewhat dull. I do not think that this is the way we will go on transacting our business. Perhaps time has come when, as the leader of this House, you should categorically direct, particularly the committees to do their work. If there are Cabinet Secretaries or Ministries which are not up to the task, they should come here so that they can face us and we tell them exactly how business should be conducted. I want to register my position that the way we have been this weeks is very unsatisfactory.

(Sen. (Dr.) Machage): Your concerns are legitimate. If you listened carefully, the Chair raised this concern, of a House, actually in process without even representation of the Senate Majority Leader. That is a situation that should not be entertained and accepted at all. It is a failure on the part of the concerned persons. However, I so direct as you prayed. I also direct that the secretariat looks at the HANSARD and gives us the answer to the concerns of Sen. Musila. He should get his communication by Wednesday next week. What is it, Sen. Kagwe? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): I see the Chair of the Standing Committee on Labour and Social Welfare in the House.

Sen. Madzayo, could you reduce the rituals and listen to me? Look at the last page of your Order Paper titled, appendix and go to number (d). You are required to answer that Statement now.

Mr. Temporary Speaker, Sir, I have the answers ready with me.

(Sen. (Dr.) Machage): The questioner, Sen. Chelule is in, so you could go ahead.

This is a Statement sought by the distinguished Sen. Chelule who wanted to know the status of finances to the youth, women and persons with disabilities to execute tenders won. In particular, the Senator sought to be informed on the following two issues:- (1)Whether the Government is aware that youth, women and persons with disabilities face challenges in executing Government tenders that are won due to lack of collateral required by financial institutions to secure loans. (2) Provide a comprehensive report on the youth, women and persons with disability who have benefited from Uwezo Fund in all the sub-counties. Mr. Temporary Speaker, Sir, the Committee appreciates the pertinent issues that the Senator raised in the Statement. We are committed to addressing issues raised on The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Sen. Madzayo, you said so little with so many words. Actually, you gave the Members of the House expectations of an answer. I am not impressed. What is the time frame?

Mr. Temporary Speaker, Sir, I have requested for two weeks.

(Sen. (Dr.) Machage): Sen. Chelule, when was this Statement sought?

Mr. Temporary Speaker, Sir, I requested for this Statement before we went for our last recess. When we came back on Tuesday, I was promised by one of the Members of that Committee that the report will be ready in one week. It seems like there is a lot of confusion in this Committee because the Chairman is stating that it will be ready in two weeks but on Tuesday I was promised by one of the Members in that Committee that it will be ready in one week. Since the Statement that I requested needs time because it is a comprehensive report of what he has mentioned about the people who have benefited from Uwezo Fund, both the rural and the urban, I think it is reasonable for me to give them time. We need to have that comprehensive report. I will give him the two weeks that he has requested for.

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

(Sen. (Dr.) Machage): What is it Sen. (Prof.) Lonyangapuo?

Mr. Temporary Speaker, Sir, now that the Chairman has given himself more time than what you gave last time, am I not in order to tell him to list the beneficiaries of those categories per county?

(Sen. (Dr.) Machage): Wait for the answer and if it will be deficient on your expectations, you will then rise with a question. Chair, from the HANSARD records that I have, the Statement was sought on 30th July. This is two months but since the questioner does not mind, and she has stated on the HANSARD that you get two weeks, then, make sure that in two weeks’ time, the answer is delivered.

On a point of order, Mr. Temporary Speaker, Sir. I want to register my disappointment on the way the issues of Statements sought on behalf of the marginalized groups are taken. The matter is very grave and as we take long to respond to these issues, we are not putting into consideration financial and budgeting period. Marginalized groups---

Mr. Temporary Speaker, Sir, there is a lot of noise. I would like your protection from Sen. Sang. 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 Sen. Sang, you have just walked in. We do not make noise here.

Mr. Temporary Speaker, Sir, there was loud consultation. I was registering my disappointment in saying that the category of people with disabilities, women and youth are the ones losing on what the Constitution has provided for them. Two weeks adding to two months is too long. I want to register my disappointment because I am not comfortable with the way this Statement--- I want to agree that even if we wait for so long, the manner in which these answers are given to Statements sought, is not---

(Sen. (Dr.) Machage): Order! I have already ruled on this and so, you should have been careful not to make it a debate.

Mr. Temporary Speaker, Sir, I agree with you and want your direction. My concern is about duration and the way the Statement is going is going to be answered.

(Sen. (Dr.) Machage): Very well. I have noted the concerns of Sen. Godliver and it is right in the HANSARD. Let me give some guidance. I see a lot of requests here. Sen. Nabwala, are you on a point of order or you want to contribute? What do you want to contribute on?

Mr. Temporary Speaker, Sir, I want to contribute on both.

(Sen. (Dr.) Machage): You cannot contribute on both, because there is nothing yet to contribute on.

I am on a point of order, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): What is your point of order? Next time press the right button.

On a point of order, Mr. Temporary Speaker, Sir. Since the Jubilee Government is a digital Government, we do not need to have a delay of six months for us to be able to get the information, unless the chairpersons of these committees are not working. In that case, we should declare a vote of no confidence in them.

(Sen. (Dr.) Machage): Sen. Lesan, what is your point of Order? Please, press the right button next time.

Mr. Temporary Speaker, Sir, I just wanted to emphasize the significance and the importance of getting the answer from the Ministry of Labour, Social Security and Services as urgently as possible, as a consequence of the lots of money that President Obama brought when he came to this country. The youths are currently going through elections to put their officials in place, so that they can access these funds. Therefore, the significance of this answer is very critical, so that we can get the youths to access the funds from the banks.

(Sen. (Dr.) Machage): I request the House to observe procedure, although the comments are very important. Since you rose on a point of order, what is not in order? You have to execute your comments properly.

On a point of order, Mr. Temporary Speaker, Sir. I mind about this Statement very much. Since I am very much interested in the answers, patience is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Very well. I have already made a ruling on that and so, I do not expect any further comments. Sen. Leshore, is it on the same issue?

Yes, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): I have already made a ruling.

Mr. Temporary Speaker, Sir, you have ruled but I am not against your ruling. I just want to support Sen. Chelule because I know she minds a lot about the young people, the disabled and women. I would like to urge the Chairman and the Ministry of Labour, Social Security and Services to come up quickly with the methods and processes that the youths and people with disabilities can follow to access this money. This is because we get messages and letters from all over especially, from my county Samburu. How are they going to access the money that President Obama brought to Kenya?

(Sen. (Dr.) Machage): Hon. Senators, I wish to recognize the presence of students and teachers From Karatina D.E.B primary school from Nyeri County, who are seated in the Public Gallery. In our tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. Thank you.

Mr. Temporary Speaker, Sir, first I want to thank you for recognizing the young ladies from my county, specifically from Karatina. We are very happy that you did that. The girls on your left above you are some of the most brilliant Kenyans, waiting to take over the leadership of this country at the appropriate time. Thank you.

(Sen. (Dr.) Machage): I will give a second chance on the Statements. Where is the Chairperson of the Committee of Agriculture, Livestock and Fisheries? What about the Chairperson of the Standing Committee on Legal Affairs and Human Rights? Where is the Chairperson of the Standing Committee on National Security? The Deputy Majority Leader, give us some guidance on Statement (e). RISING INSECURITY IN 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.

Thank you Mr. Temporary Speaker, Sir. I do not know where the Chair is. Yesterday, I was told he was out of the country. He must have gone for the prayers. Where is the Vice-Chair? She was here but I do not know---

(Sen. (Dr.) Machage): Order! I expected you to do better

Mr. Temporary Speaker, Sir, let me find out from any of the Committee Members and from the Clerks, so that we can answer this question next week.

(Sen. (Dr.) Machage): Very well. Maybe, what we may have forgotten is that today is Eid Al-Adha. As we appreciate the absence of the Committee Chair, we would also want to pass our best wishes. We know he is a devoted Muslim and so is the Vice-Chair. Let us also congratulate them for the special occasion today.

Mr. Temporary Speaker, Sir, as I agree with you on this particular one, of course, I would have appreciated if the leadership of the Committee would have delegated the same responsibility to a Member of the Committee. This is a Statement that I sought and it has two components. One of the components is the rising insecurity within Kapsabet Town and Mosoriot Trading Center and I would have appreciated a response.

(Sen. (Dr.) Machage): Order, Sen. Sang! Whereas I appreciate your concerns, this holiday was communicated to the House yesterday and, therefore, we may not appreciate your comment now. You may do it on Tuesday because your argument does not hold any water. We have already made a comment and it is so ordered. We have even congratulated the two Members in absentia as they celebrate their important holiday. We are not really doing justice. Please, hold your guns until an appropriate time for the same.

Do you have another point of order? It should not be on the same subject.

Mr. Temporary Speaker, Sir, not really on the same subject.

(Sen. (Dr.) Machage): I will rule you out of order if it will have any association with the same subject.

Mr. Temporary Speaker, Sir, after I requested this Statement, an incident occurred in my county in the same town. Thugs broke into the county government offices and stole computers, laptops and gas cylinders. As part of the Statement that I sought, one of the components was the alleged laxity of security officers. You will appreciate that a county Government is manned 24 hours by police officers. However, this is happening in the face of allegations by the public that some police officers are colluding with criminals. Would I be in order to request that the Deputy Senate Majority Leader, the Senator for Kericho County, gives an undertaking that the Inspector-General (IG) will ensure that there is enhanced security within Kapsabet Town and the affected areas, so that even as we wait for Tuesday, we can be guaranteed of security within Kapsabet Town for the four days before we get to Tuesday?

Mr. Speaker, Sir, I think it is the duty of the police to provide security for all Kenyans. I do not need to remind the Inspector-General (IG) that there is a special consideration for Kapsabet Town. It is supposed to be done everywhere in the country. I will undertake to do that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Order! That was an addendum to his concerns so, it is legitimate.

On a point of order, Mr. Temporary Speaker, Sir. A Member of this House, in this case, Sen. Sang, has risen to raise very specific concerns about insecurity in his county. He has requested that special attention be given because from what he said, this is apparently a regular menace. He asked that in the intervening period between now and the time that this question will answered, the Inspector-General (IG) gives special attention to the security challenges in that area. The Deputy Senate Majority Leader is being very casual about it. He has said that it is the work of the police and we expect them to do that. Is he in order?

(Sen. (Dr.) Machage): He is completely out of order. The House did not appreciate the casualness with which the Deputy Senate Majority Leader took the issue as raised by Sen. Sang. We know him and his expressions very well. I think we can say that this House has authority to describe his behaviour.

Whereas he may have done that, I think he is a serious man and I think he has listened carefully to what Sen. Obure has said. Deputy Senate Majority Leader, could you assure the House that you were not casual?

Mr. Temporary Speaker, Sir, the HANSARD will bail me out.

(Sen. (Dr.) Machage): Unfortunately the HANSARD has no eyes.

Mr. Temporary Speaker, Sir, I said very well that it is the duty of security officers to provide security everywhere in the country. He is particular about Nandi County and other counties. Then, I said: “However, I will endeavour to make sure that the area that he has mentioned will be given consideration.” I did not mention but I gave a general overview of what the security officers are supposed to do. Otherwise, everybody will be asking a question about a problem here and there. It is the duty of police officers to do that. I have taken it seriously. You know me very well.

(Sen. (Dr.) Machage): Very well. There is nothing wrong completely, if every Senator here rose on an issue of security. I want to hear requests for Statements. STATE OF FUNDING FOR SPECIAL NEEDS SCHOOLS

Thank you, Mr. Temporary Speaker, Sir. On 12th March, 2015, I sought a Statement from the Chairperson of the Committee on Education on the status of funding for special needs schools. Could the Chairperson tell us – although I cannot see him in the House – the status of funding to these schools?

(Sen. (Dr.) Machage): Where is the Chairperson of the Committee on Education or any Member of that Committee? 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 saw the Chairperson around but he seems not to be here. I will pass the information. I request Sen. Nabwala to bear with us. We will respond to it on Tuesday next week, if it is okay.

(Sen. (Dr.) Machage): It is so ordered. MISUSE OF GOVERNMENT VEHICLES

Thank you, Mr. Speaker, Sir. Just before we went on recess, I had requested for a Statement regarding use of Government vehicles at odd hours, particularly in the counties. They said that I would be given a response before the start of the recess but we have now spilled over to the new setting. I am not sure if it was the Committee on Devolution but I am still waiting for the answer.

(Sen. (Dr.) Machage): One, it could not have been ordered that it should be given before the start of the recess because that would have meant giving the Statement during the recess, which is not practical. However, I am concerned and the Committee should avail that answer. Which Committee was that?

Mr. Speaker, Sir, it must be the Committee on Devolution because I saw Sen. Murkomen standing. It was about misuse of Government vehicles beyond working hours.

(Sen. (Dr.) Machage): Very well. Let the relevant Committee respond to that Statement in seven days. POOR STATE OF MAGADI ROAD

Thank you, Mr. Temporary Speaker, Sir. I rise under Standing Order No. 45(2) (a), to request for a Statement on some issues affecting my county. We have a road called C58 as per the classifications, which goes from Nyayo Stadium all the way to Magadi. This road has really been of great concern to the county, because it serves quite a number of people and particularly those of Magadi soda. Quite a number of people have lost their lives and businesses because of the status of the road. The same road has really caused even the people of Nairobi who have been enjoying their nyamachoma in Olepolos Country Club not to go there. There are quite some deep valleys where quite a number of vehicles have rolled and I have tried as much as possible to reach the Ministry concerned, and right now the concern of the people is that El-Nino rain is just about to fall and because of that, I rise to request through you to direct the Ministry concerned to attend to it so that at least when

comes, our people will not be found in the status they are in. SILTING OF LAKE MAGADI Still on the same, Lake Magadi is under threat because of what is happening in Mau Forest and also in some parts of Suswa. Whenever it rains, the water run-off just finds itself all the way to Lake Magadi. Currently, almost an eighth of the lake is silted, and if that continues and particularly with the way it has been said that we are going to have a severe El-Nino, then the Lake Magadi we know and its contribution to the economy of this country, the many The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): You rose under which Standing Order?

Mr. Temporary Speaker, Sir, under Standing Order No. 45 (2) (a). Protect me from the Leader of the Majority. He should be concerned about the sufferings of my people.

(Sen. (Dr.) Machage): I thought you were making a statement on Standing Order No. 46 that is why I did not insist on the one hour notice. I want Members to read carefully Standing Order No. 45 and note that requirement. Remember when you make a personal statement like is prescribed by Standing Order Nos. 45 and 46, you are limited also to your prayers because it cannot be like a demand for a Chairperson’s statement because there is no discussion. Once you finish, that will be the end of it. It will not be revisited at all. I would request that may be you come back to the House and make a request from the Chairperson a Statement on the same so that you have better answers to the questions you have raised.

Thank you Mr. Speaker, Sir. In the mean time, because the Senate Leader of Majority is in the House and he heard, he will assist me also to sort that out.

(Sen. (Dr.) Machage): No, I will order that the Senate Leader of Majority completely observes the Standing Order. So you are doomed. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 29TH SEPTEMBER 2015

Thank you Mr. Speaker, Sir, I would wish to give a Statement on behalf of the Senate Majority Leader regarding the Business of the Senate for the week commencing 29th September, 2015, pursuant to the provisions of Standing Order No. 45. Hon. Senators, pursuant to the provisions of Standing Order No, 45, this is to present the Senate Business for the coming week. The Rules and Business Committee (RBC) will meet on Tuesday 29th September, 2015 at noon to schedule business of the Senate for the week. Subject to further directions by the Rules and Business Committee, the Senate will continue with business that will not be concluded in today’s Order Paper focusing on debates on Bills at the Second Reading and Committee of the Whole stages. On Wednesday, 30th September, 2015, the Senate will continue with business not concluded during Tuesday’s sitting and consider the following at the Committee of the Whole; 1. The County Assemblies Services Bill ( Senate Bill No. 27 of 2014), 2. The Universities (Amendment Bill) ( Senate Bill No. 31 of 2014), 3. The Parliamentary Powers and Privileges Bill ( Senate Bill No. 15 of 2014), and; 4. The Tobacco Control Regulations 2014. The Senate will consider any other business scheduled by the Rules and Business Committee. On Thursday 1st October, 2015, the Senate will deliberate on pending 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. Listening to the Deputy Leader of Majority, he is outlining the business of the coming week in a “business as usual” manner, and yet he knows that in the minds of all Kenyans especially parents, teachers and children, the closure of schools remains the most important unresolved national issue. Could he tell the country what the government is going to do in the coming week to unlock this stalemate?

(Sen. (Dr.) Machage): Order! Sen. (Dr.) Khalwale! You know, sometimes, being too old as a legislator teaches you some behaviors that are not acceptable. He knows how to bend the Standing Orders to fit his situation, but the Chair has noticed that mischief. You know the procedure if you want that subject to be discussed in this House; you know what to do. I do not have to teach you, you are a seasoned legislator in this Parliament. Do it.

Mr. Temporary Speaker, Sir, I never engage in an altercation with you but all that I was doing, like it is the tradition of this House, we are free to call for certain business to get consideration in the Rules and Business Committee. This is all I was doing.

(Sen. (Dr.) Machage): Very well, do it at the right place, at the right time, in the right way, in the right manner and using the right Standing Order. That is all I am trying to tell you.

Thank you, Mr. Speaker, Sir, hawa wakora watoto wao

(Sen. (Dr.) Machage): Order! Sen. (Dr.) Khalwale! Can you withdraw that? Who are you referring to as a mkora, and what is the meaning of a mkora anyway?

(Sen. (Dr.) Machage): For those who might never know, a mkora means a cunning thief. Next Order!

(Sen. (Dr.) Machage: Hon. Senators, This is Parliament week and therefore some Members who were bestowed with some responsibilities are participating in the exercise. For that reason, I defer Order Nos. 9, 10, 11,12,13,14 and 15. Next order!

Mr. Temporary Speaker, Sir, I beg to move that:- WHEREAS the National Land Commission was established following the enactment of the National Land Commission Act, 2012 to, among others, give effect to the objects and principles of devolved government in land management and administration; NOTING the principles of land policy as set out in Article 60 of the Constitution including equitable access to land and encouragement of communities to settle land disputes through recognized local community initiatives consistent with the Constitution;

RECOGNIZING that land ownership and utilization is at the centre of many interpersonal and community conflicts in the country since independence; ALSO NOTING that Section 15 of the National Land Commission Act mandates the Commission to recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67 (2)(e) of the Constitution; FURTHER NOTING with concern that the envisaged legislation has not been enacted five years after promulgation of the Constitution; AND NOTING that historical injustices on land matters was among the main justifications for the new Constitution; This Senate urges the National Land Commission to urgently recommend to the Senate a Bill to address historical land injustices to provide a framework to ensure that land is properly utilized for the economic benefit of the affected communities. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order Senators. I have to interrupt Sen. Mutula Kilonzo Jnr. to give a Communication.

I have a Communication to make on the Report of the Commission of Inquiry into the Petition seeking the suspension of the County Government of Makueni County. You will recall that in the sitting of the Senate held on 15th September, 2015, the Senator for Makueni County, Sen. Mutula Kilonzo Jnr., rose on a point of order seeking the directions of the Chair with respect to the tabling of the report of the Commission of Inquiry on the Petition seeking to suspend the County Government of Makueni. The Senator observed that the report of the Commission of Inquiry had been presented to His Excellency the President and that although the report was in the public domain, it had not been forwarded to the Senate for tabling and consideration by the Senate. The Senator expressed concern that apart from the recommendations of the Commission of Inquiry that the County Government be suspended, there were other recommendations in the report which require legislative intervention by the Senate. The Senator further expressed concern that the report had also raised some audit queries and other discrepancies of financial nature which require the intervention of the Senate in accordance with its oversight mandate provided for under Article 96 of the Constitution. The Senator stated that the people of Makueni had waited for a year for a solution to the challenges besetting Makueni County and that the decision by His Excellency the President on the matter could not stop the Senate from seeking that the report be tabled in the Senate; not just for the sake of the residents of Makueni County, but also so that the rest of the country would understand the contents of the report. The Senator concluded by requesting the Speaker to give directions and ruling on the tabling of the said report. In support of the point of order raised by Sen. Mutula Kilonzo Jnr., other Senators, namely; Sen. Billow, Sen. Wangari and Sen. (Dr.) Khalwale underscored that it was in the interest of Makueni County and the entire country that the report be tabled in the Senate so that the Senate would take appropriate action on the recommendations of the report in terms of Article 96 of the Constitution. Hon. Senators, it is in the public knowledge that on 3rd September, 2015, the Commission of Inquiry into the petition seeking the suspension of the County Government of Makueni County submitted its report to His Excellency the President. It is also in the public domain that one of the recommendations of the commission of inquiry was that pursuant to Article 192(2) of the Constitution, the County Government of Makueni be suspended. Article 192(1) of the Constitution says:- “The President may suspend a county Government – a) in an emergency arising out of internal conflict or war; or b) in any other exceptional circumstances.” Article 192(2) of the Constitution further provides that:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker Sir, thank you for your directions. That is what they call, truly, Solomonic.

On the Motion that I had just moved, I beg your leave, if you allow, that I amend the last paragraph under Standing Order No.49, to provide a period within which the National Land Commission (NLC) will forward to the Senate the legislative framework that I have proposed in this Motion.

Granted.

Thank you, Mr. Speaker, Sir, I will, therefore, move the last paragraph in its amended form to read as follows; “AND NOTING that historical injustices and land matters was among the main justifications for the new Constitution; this Senate urges the National Land The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage): Before Sen. Sang comes, indeed, the subject is so sensitive. When the presiding Speaker now raised the issue of his injustices and discussed Sessional Paper No.3 of 2008 which described the historical injustices as those injustices that actually happened before 1895 when Kenya became a British protectorate, he was arrested. He was thrown into jail and had to case for one and a half year, not forgetting that he was demoted from his Cabinet position. That is the level of sensitivity of the issue that you have raised - surprisingly so, when that fellow is presiding. 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 rise to second this Motion. When you were a Minister just before you were demoted, I was still a student in the university and I came to your office when we needed support and help for some students who were studying across the region. Due to the PEV and the challenges this country was facing then, we needed the support of the Government to ensure that those students could find their way to universities across in Tanzania, Uganda and other places. I want to confirm that you were one of the most hardworking Ministers. That demotion came because of you standing for justice. I am excited that today we are discussing this Motion as you preside over the debate in this House. Mr. Temporary Speaker, Sir, I want to appreciate that the new Constitution that was passed in this country recognized the existence of historical injustices. Members of this House, including Sen. (Prof.) Anyang’-Nyong’o, Sen. (Dr.) Khalwale, Sen. Obure - I am not sure of Sen. Madzayo, but I am sure he supported this Constitution as a Judge. Sen. Ong’era; by that time she was the executive director of ODM and the “Yes” campaign. From the Kalenjin region, Sen. Murkomen, then a young professional and I, played a critical role in ensuring that we have a new constitutional dispensation that recognized that there were historical injustices meted against our people. That is where we are standing. We have a progressive constitutional dispensation in this country that has recognized that historical injustices exist and must be addressed. Special recognition within the Constitution does not amount to much if we do not have the legislations needed to operationalise these constitutional provisions. The challenges that this country has faced, including the tribal clashes in Rift Valley and the coastal region, are associated with historical injustices. We, as a country, have a choice to wish away the existence of historical injustices indicating that this is a very emotive and sensitive issue. However, if we choose that we are not going to talk about it, touch or resolve it, it will forever haunt us. The other choice is that we, as leaders, make up our mind that however sensitive this matter is, we must bring it to a closure. Mr. Temporary Speaker, Sir, we should take time and address the issues of historical injustices. I come from a county that has had challenges. Right now, if you go to Nandi County, you will see huge tracts of land under the multinational companies. The communities living around these multinational tea estates are living in abject poverty. There are huge fertile lands under the multinationals. It is sad that local people who were driven out of these lands are living like monkeys in very hilly and dangerous places. We cannot discuss what to do with these lands after the expiry of these leases without interrogating the aspect of historical injustices and the suffering that some of the communities and individuals went through to create and establish the multinationals. Mr. Temporary Speaker, Sir, if you go to my county, we have some of the properties and lands that belonged to Agricultural Development Corporation (ADC). I took time and investigated how part of these lands found themselves in the hands of individuals. The rationale that was given is that it was being hived off to resettle the landless. If you go there, those parcels are registered in the names of who were who in the previous regimes. As I speak now, about 20 individuals own huge tracts of land and yet they were neither landless nor squatters. When it comes to squatters about 48 families live in one parcel of land. That means that it is an average of one acre per family. Each family is made up of an average of five members. You can imagine the human population on that small piece of land. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Dr.) Machage: Hon. Senators, I now propose the Question:- THAT, WHEREAS the National Land Commission was established following the enactment of the National Land Commission Act, 2012 to, among others, give effect to the objects and principles of devolved government in land management and administration; NOTING the principles of land policy as set out in Article 60 of the Constitution including equitable access to land and encouragement of communities to settle land disputes through recognized local community initiatives consistent with the Constitution; RECOGNIZING that land ownership and utilization is at the centre of many interpersonal and community conflicts in the country since Independence; ALSO NOTING that section 15 of the National Land Commission Act mandates the Commission to recommend to Parliament appropriate legislation to provide for investigation and adjudication of claims arising out of historical land injustices for the purposes of Article 67 (2) (e) of the Constitution; FURTHER NOTING with concern that the envisaged legislation has not been enacted five years after promulgation of the Constitution; AND NOTING that historical injustices on land matters was among the main justifications for the new Constitution; this Senate urges the National Land Commission to urgently recommend to the Senate within the next 60 days, a Bill to address historical land injustices, to provide a framework to ensure that land is properly utilized for the economic benefit of the affected communities.”

(Sen. (Dr.) Machage): The HANSARD should capture this Motion as mended.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to also support this historical Motion that has been brought to the House. From the outset, let me congratulate Sen. Mutula Kilonzo Jnr. for seeing it fit to bring an important Motion to this House. Let me also congratulate the Seconder of this Motion, the distinguished Senator for Nandi. Mr. Temporary Speaker, Sir, may I also express my sympathies to you for what happened to you when you raised these matters that were very historical. Indeed, you had the oversight, like a giraffe; that these matters will be serious in the Republic. Today, you have been validated by actually presiding over the House as we discuss these matters. Mr. Temporary Speaker, Sir, this issue is, indeed, the elephant in the House. If this elephant is not slain and we do not face this monster, we will never ever resolve the issues of land in this country. Land injustices have stemmed from a very long time, right from the British colonial times when the colonial forces decided to amass and take the prime lands of our people and occupy them. To date, quite a number of subjects, who are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. I rise to support the Motion; that the Senate urges the NLC to urgently and within 60 days submit to this Senate a Bill to provide that this matter be sorted out. It is, indeed, a shame that we can pay those commissioners so well and give them such a fat sitting allowance and big four-wheel drive vehicles, and they wait until we have reminded, pushed and given them timelines for them to remember that they should do what we are saying. They should have done it long time ago. I hear that there are lawyers in that group. What kind of law do they know? Indeed, what school of law did The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! You must stick to the Motion.

Mr. Temporary Speaker, Sir, I am talking about historical injustices. As I move to the substance of the Motion, I cannot be proud of being a Senator in Kenya when we have closed down 20,000 primary schools and 6,000 secondary schools. We must, indeed, all of us be very foolish to think that we are moving forward. On the issue of historical injustice on land---

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. (Dr.) Khalwale in order to keep staring at me throughout as though I am the author of his problems?

I am very sorry, Mr. Temporary Speaker, Sir. I do not know that I was looking at the good professor. However, it was by the hand of the Lord, because he happens to be a professor; a man of golden letters, who should be at the forefront in reminding his side of the House to open our schools and pay our teachers. Land as a historical injustice remains the most sensitive unresolved national issue in this country, which is a bomb in waiting. Unfortunately, as it remains a time-bomb previous and the current Government continue to perpetuate it. I do not understand why The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! Your time is up!

Mr. Temporary Speaker, Sir, like my colleagues, I would like to congratulate Sen. Mutula Kilonzo Jnr. for bringing this Motion to the Floor of the House and my dear friend, Sen. Sang, for ably seconding it. Mr. Temporary Speaker, Sir, you do remember that as part of the National Accord that brought this country peace after the PEV and the bungled election, was the idea of having truth and reconciliation. We did establish the Truth, Justice and Reconciliation Commission (TJRC) under the chairmanship of Amb. (Dr.) Bethwel Kiplangat. However, we have never really debated or adopted the report of that TJRC which was riddled with crisis, but finally produced. The idea of truth, justice and reconciliation remains a work in progress in our nation. This is a work in progress which is extremely important and urgent which we cannot afford to neglect. Part of truth, justice and reconciliation is the issue of land. Injustices have ensued from unfair land practices in land ownership since this country became a colony over a century ago. A community which has given so much to the nation generously, but from which so much has been taken unjustly are the Maasais of this nation. As a high school student at Alliance High School many years ago, we came to school by riding on the train from The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

What is the point of order, Sen. (Dr.) Khalwale?

Mr. Temporary Speaker, Sir, I do not wish to interrupt my teacher in terms of political behaviour, but is he in order to speak in such a manner that can make the Chair cry?

Mr. Temporary Speaker, Sir, that was far from my intention; to make my Temporary Speaker cry, but maybe he is crying for the beloved country. I remember during the late President Jomo Kenyatta’s---

Order, Sen. (Prof.) Anyang’-Nyong’o! Sen. (Dr.) Khalwale, at what point did you see that the Temporary Speaker wanted to cry? You are completely out of order.

Mr. Temporary Speaker, Sir, I remember during the time that the late Mzee Jomo Kenyatta was the President of this country; an issue of national importance was raised referring to a place called Kedong. There was a ranch called Kedong Ranch. I remember one day the late Mzee Jomo Kenyatta went there. As usual, the traditional dancers; Nyakinyua women danced very well. As a present, they were given Kedong Ranch. Mr. Temporary Speaker, Sir, there are many such incidents in the history of this country. However, I am giving the Maasai as an example. They have been very generous to this country, but for which a lot of injustices have been committed. Reading my history, I remember that when Lord Delamere came to this country and went to settle in the Rift Valley where his children and grand children today still are, at a place called Soysambu, he decided to establish cattle ranching in this country. We must commend him for being very adventurous. He brought some cows and a bull from New Zealand. These hybrid cattle could not do very well. So, he decided that he was going to crossbreed the bull from New Zealand; I do not know whether it was a Friesian or something like that with a Maasai cow. This bull was very big. Lord Delamere believed that it had very good semen. These were hardy Maasai cows, so he thought if he crossbred the bull and the cows, the offspring would be adaptable to the environment. However, the bull came and it was not doing anything. So, he asked the Maasai peasants; what do I do? They said “look, in our culture, if a bull wants to mate with a cow, the bull must be able to run. That is part of the mating. If this bull cannot run, then it will not succeed in the job you want it to do.” That comment by the Maasais led Lord Delamere to invent Artificial Insemination (A.I). So, for cattle ranching in this country 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, just like Sen.(Prof.) Anyang'-Nyong'o, I rise to recognize the role that has been played by Sen. Mutula Kilonzo Jnr. by bringing this Motion which suggests and compels the NLC to urgently prepare and bring to the Senate a Bill that addresses major historical land injustices. This is good news to Kenyans who have been waiting for such a long time for our Government - and we have never lacked a Government since 1963 - to look back and correct some of the historical land injustices that have displaced people. We have a community in Nandi called Talai. They were thrown out from their land by the colonialists. When we became an independent nation, that was the first item that was supposed to be restored, but to date, they are scattered all over. Some were displaced to Tanzania and some in Kericho. If they had historical land, who took it? If there is a new owner because there is no land which is empty, it means that the Government needs to compensate and pay the original land owner who now is floating because he or she has no documents so that they can feel that they are under the leadership of Africans and restoration of justice has come. It is not only in Nandi where this happened. In the former white islands, in Kericho, there are large tracts of land which are full of tea and the owners are different from the original ones because the real owners were chased away. Many years have elapsed, but historical injustice has not changed name, it has still remained as such. In Africa, particularly the region where I come from and those in Kericho, generations are told through stories and songs of where our land used to be and what happened to it. Every Government has to be bold enough to know how to settle those people or compensate them in the version and form that we gave IDPs from the year 2008. In West Pokot County, the entire Pokot Community was moved physically in 1912 by white men from their prime grazing land in Trans-Nzoia. Their neighbours were the Sabaot and Marakwet. The three communities were displaced, but the Sabaot decided to hide in the forest in Mt. Elgon. The colonial Government decided to take over 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.

Thank you, Mr. Temporary Speaker, Sir. I would like to thank the Mover of this Motion which is very key in settling matters concerning land. The NLC was formed for the purpose of sorting out most of these land matters which is an uphill 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 this opportunity to contribute to this very important Motion, which from the outset, I support fully. In so doing, I thank Sen. Mutula Kilonzo Jnr. for bringing up this Motion which is very important. This Bill seeks to set out the framework within which historical injustices can be tackled once and for all. Our Constitution provides under Article 67(2)(c) that the NLC has the responsibility to initiate and recommend action on historical land injustices. Unfortunately, several years have now passed and no action has been taken by the Commission, and yet they continue struggling for space, trying to get some responsibilities, while this responsibility which falls squarely within their mandate has not been touched. Mr. Temporary Speaker, Sir, I do not know whether it is because of historical injustice that it is deemed less important, but let me say that historical injustices remain historical injustices and they are embedded in the hearts of the people and pass from generation to generation. Historical land injustices have continued to be a source of suspicion within communities. It is also a source of lack of cohesion and at times, it manifests itself in ethnic clashes. Even cattle rustling is not just cattle rustling but the root cause is historical land injustices. This is what contributes sometimes to political polarizations. In this country, we are trying to say we are Kenyans and we want parties to represent all communities and we want to speak one language, but the issue of land remains a main factor which divides our people, and especially the historical injustices. Mr. Temporary Speaker, Sir, even during the colonial times when the Europeans came, I would say those are the first people who grabbed land. If there is any grabbing, those are the ones who grabbed our land. Subsequent grabbing is as a result of the original grabbing, and in that grabbing, there were people and communities who were displaced. Some of them were totally displaced and their displacement has never been addressed to date. There are many communities, for example, the Masaai, Sen. (Prof.) Lonyangapuo mentioned Trans-Nzoia and named the Sabaot, sometimes referred to as Elgon Masaai, and so many other communities. The Sabaots in particular in Trans Nzoia, I would say were totally displaced and some were pushed to Uganda, some went to as far as Congo and Tanzania. They continue returning in bits but they have nowhere to settle because there is no land land left for them. Unless these historical land injustices are addressed and people resettled, there will always be suspicion. The struggle for Independence was mainly for one thing; for the communities to regain their land. The settlers left and we say we are independent but what about those communities or individuals who were deprived and never regained their land? Can they really claim that they partook of Independence? As we speak today, some communities feel they have not come out of that bondage; that they are still deprived and they are still waiting for their independence because their independence will come when land injustice will be addressed. 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.

Asante, Bw. Spika wa Muda, kwa kunipa nafasi kuchangia Hoja hii. Kwanza, natoa shukrani za dhati kwa Sen. Mutula Kilonzo Jnr. Nafikiri kwamba katika maono yake, ameona kwamba sio jambo la eneo fulani bali ni Wakenya wote walioko katika janga hili la dhuluma ya mashamba. Nampongeza kwa kuleta Hoja hii. Maonevu na wizi wa mashamba ni kama ugonjwa wa saratani ambao ni ngumu kupona na lazima mtu apewe matibabu mengi sana. Sisi tuko katika historia sasa na hivyo ningependa kusema kwamba watu wanoitwa maskwota, walala hoi au maskini ambao hawajiwezi wameteswa na mabwenyenye. Hilo ni jambo la kusikitisha kwa sababu nikitoa mfano wa Kaunti ya Kilifi, karibu kaunti yote, watu ni maskwota na ni jambo la aibu sana kwamba tangu Uhuru upatikane Kenya, watu ambao wana hati miliki za ardhi ni wachache sana. Ni maonevu ambayo ni dhambi kubwa sana hata mbele ya Mungu. Kilio cha wanyonge cha watu wa Pwani ni 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 really quite a sad debate and an emotive one. I am happy Sen. Mutula Kilonzo Jnr. has brought it because we have discussed in many forums and even my brother Sen. Madzayo ended his contribution, by thanking Sen. Mutula Kilonzo Jnr. It is important maybe to make an amendment and put a deadline to when that Bill should be done. If we leave it open-ended, we will find ourselves exactly where we are. The fact that, this Bill is not in place, I guess there is a problem somewhere. That problem is interference of the National Land Commission (NLC). That Commission has not operated independently. We saw that interference when title deeds were given out in the Coast region where I come from, and we talked about it. Why do you not look at all parcels of land and deal with them comprehensively, instead of dealing with it piecemeal? Giving land titles without checking whether that land had previous titles, it is not fair to use Indeed. There are some people who got those title deeds and when they tried to borrow loans from banks, they were not able to. That is why the Constitution of Kenya 2010 gave birth to put NLC. Otherwise there would not have been need for that Commission if it is not able to perform. There are many commissions which were established to operate independently. I feel sorry for my brother Swazuri because I know him from the University of Nairobi. He is a don and has dealt with land issues for a very long time, and he is very professional. It would be interesting to know what has happened within the time he has been in office. He has never been given the support to operate effectively. It is not good especially for the people from the Coast, in a case where one of us has been put into such a position and they cannot deliver. This is because somebody will say: “We have given it to one of your own, where you have serious land issues, and nothing has happened.” That is why it is very important to push and try to give teeth to this the National Land Commission (NLC), so that it does what it is meant to do. Mr. Temporary Speaker, Sir, if we observed Article 60(1)(a) of the Constitution which advocates for equitable access to land, we, the people from the former Coast Province, could not be further from the truth. The issue of land in the former Coast Province has been there for over 50 years. All we have been doing about it is talking and talking. There has not been any action, as the Coast remains one of the most impoverished areas in this country. A lot of that impoverished state comes from lack of land, because it is on land that you can put labour, plant some crops and then sell the produce to make a profit and built hotels. As a Committee, we have been going to the Coast and seeing what is happening there. When you inquire who the land and hotel owners are, you will find that it is not the indigenous people of the Coast. People are fond of saying that people from the Coast are lazy but that is not true. We do not want to hear such clichés being used against our people. People have to understand what the situation has been in the Coast and try to come up with comprehensive ways of ensuring that the situation changes once and for all. With the downward trend in the tourism sector, people there cannot even survive because tourism used to support very many people, apart from those who were working in the hotels. People who worked in the hotels supported their families at home by taking them to schools and, for example, buying tomatoes and cassava which is grown in Kwale. They could do very well. They also supported the fishermen. A fisherman knew where to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! Your time is up. Proceed, Sen. Karaba.

Mr. Temporary Speaker, Sir, thank you very much for allowing me to contribute in support of this Motion. The land issue is as old as history; and history is as old as the Bible. However, what we are discussing is the outcome of what we can call the initial scramble and partition of colonies in Africa. It all started in 1894. We can therefore blame the British, the Dutch and the Germans who in 1890 had to transfer Witu which was along the coast in exchange of an island called Heligoland in Germany. Germany did not have a naval base and that one was occupied by the British. They had to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senator, your time is over. I can see other Senators have come and I think it is always good that any day that we are here, we should dispose some matters and not just leave things hanging. We had agreed that this Motion was to be disposed of today. Let me give two minutes to each of the remaining Senators so that, at least, you can be heard. We will then ask the Mover reply and then dispose it.

Asante, Bw. Spika wa Muda kwa nafasi hii. Namshukuru Sen. Mutula Kilonzo Jnr. Naunga Hoja hii kama mmoja wa waathiriwa kutoka Pwani. Nasikitika mara nyingi katika mikutano ya kisiasa na hata hapa Bungeni kusikia swala la ardhi likizungumziwa na viongozi wengi kana kwamba hawaelewi wanachozungumzia. Viongozi wa Pwani wamekuwa wakilia kwa miaka mingi wakilalamika kwamba ardhi ya watu wa Pwani imenyakuliwa na watu wa bara na pamoja na kiongozi wa kwanza wa Jamhuri ya Kenya. Lakini maswali mengi huibuka kwa wakaazi wa Pwani. Wakati ule watu wa bara huja na kunyakuwa ardhi za watu wa Pwani, anayewaleta ni nani? Isipokuwa ni wenyewe Wabunge, Kamau, Odipo, Njoroge, Mutula au Kamene atajuaje kuwa kuna Rea Vipingo The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order Senator. Your time is up.

Spika wa Muda wanikatiza na haya ndio mambo yanayotutatiza sisi kama Wapwani. Niongeze hata kama ni dakika mbili.

We are left with only four minutes and we want to dispose this issue.

Mr. Temporary Speaker, Sir, mine is just to commend the proponent of this Motion, my brilliant learned colleague, Sen. Mutula Kilonzo Jnr. What he has addressed in this Motion is timely and should have been done within the first three years of inception of the Constitution. All in all, it is not too late for us. We need to address all these injustices up to the realm of who owns what and all the rights of the owners. The coastal region has issues. There are also investors who have done an impressive job of investing and developing land. However, those with idle land should be dealt with in the new order as envisaged in the new law. We also have internal issues in Nyamira County, so I hope that by the enactment of the said law, we will address these issues With those few remarks, I beg to support.

I now call upon the Mover to reply

Mr. Temporary Speaker, Sir, I thank all the Senators for their lively contribution to this Motion. I have nothing useful to add to what the Senators have said and no point of reply has risen out of what most Senators have said, except to support the Motion. My only request through the Chair as I reply is that the HANSARD of the Senate together with the Motion itself, be forwarded to the National Land Commission (NLC) through the Office of the Speaker so that then they are alerted to the sentiments that we have raised as Senators here and so that this Motion does not disappear into the books of history or records of this Senate like most of the Motions which we have debated since the inception of the Senate and we have not seen any tangible results. The anger that you have seen is that of injustice. The only way to capture the injustice is to ensure that this Motion and sentiments of all my colleagues gets to the Chairman of the National Land Commission (NLC) as soon as possible. Mr. Temporary Speaker, Sir, I beg to reply.

Hon. Senators, before I put the Question, pursuant to the provision of Standing Order No.72, I rule that the Motion does not affect counties. I, therefore, wish to put the Question. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, it is now time to adjourn the sitting of the Senate. Therefore, the Senate stands adjourned until Tuesday, 29th September, 2015, at 2.30 p.m. The Senate rose at 6.30 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.