Hon. Senators, I have two petitions to make. The first is a Petition to the Senate by the Uasin Gishu County Branch of the Kenya National Union of Nurses (KNUN) concerning challenges facing the health services sector in the county. Hon. Senators, pursuant to Standing Order No.220(1)(a) and 225(2)(b), I hereby report to the Senate that a Petition has been submitted, through the Clerk, by the Uasin Gishu County Branch of the Kenya National Union of Nurses (KNUN) concerning alleged challenges facing the health services sector in Uasin Gishu County. In their Petition, the petitioners detail a number of challenges which they state have adversely affected the health services sector in the county among them:- (a) That there is an acute shortage of nurses in the county, resulting in patients receiving insufficient medical care and attention; (b) That there is an acute shortage of drugs and essential equipment in health facilities in the county; (c) That the promotion of health professionals in the county has been frozen, contrary to the schemes of service for staff in the health services sector; (d) That the health services staff are remunerated poorly, and that the salaries and allowances are regularly paid late, thus affecting staff morale; (e) That the county has been procuring drugs and other medical supplies at inflated prices, a factor which has been blamed on corruption. (f) That the County Executive has been allocating and spending funds allegedly on purchase of anti-malarial and family planning commodities, which are supplied to the county for free by the Global Fund; and, (g) That the County Executive has failed to recognise the rights of nurses employed by the county to join and belong to a labour union of their choice. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

No, Mr. Deputy Speaker, Sir. I want to speak to the issue.

Then press the correct button. Briefly; Sen. Omar Hassan.

Mr. Deputy Speaker, Sir, the fundamental issue that arises from this Petition is the fact that we should urge the Committee on Health to take a comprehensive audit of the devolution of the healthcare sector. It is wrong for us to shut ourselves to the fact that something is not right somewhere in the manner in which we are devolving healthcare in this country. In a way, I hear a chorus of discontent in Mombasa, Uasin Gishu, Lamu and several other counties. I do not think there is any particular person to blame for it. We need to have a comprehensive audit, look at some of these issues that have been highlighted in the Petition broadly and also recommend legislative and other structural reforms to ensure there is seamless transition of health services from the point of national Government to county governments. I personally believe that returning healthcare to the national Government is not negotiable. Health remains one of the most important devolved functions, but we need to look into the intricacies of how to devolve it in a manner that will bring order to the sector and ensure that there is no discontent. Mr. Deputy Speaker, Sir, I also wish to highlight that you might realise that we are sitting in here today for the Senate Minority Leader. So, there is no vacuum in the CORD coalition. Should there be any matter that Sen. (Prof.) Lesan or any of you want to address to this coalition, we are here with my deputy, willing to respond.

Mr. Deputy Speaker, Sir, I am happy that the County of Uasin Gishu, through the KNUN has thought it wise to petition the Senate. This is a country of contradictions where we think we can buy pianos and other things that are not useful and ignore healthcare. We must say so because out of the total budget, the national Government only set aside 4 per cent for healthcare yet we are aware that under the Millenium Development Goals, our health budget should be at 15 per cent. As we deliberate on this Petition, I am disappointed that I cannot talk for other Members of the Committee except Sen. (Prof.) Lesan. We must also insist that counties must allocate 15 per cent while we are pushing the national Government to go to the 15 per cent. As Sen. Hassan has pointed, the Committee on Health should do an audit because these complaints are everywhere. When did the healthcare of this country become a peripheral issue? Is it because the people who can afford can get healthcare? The Committee on Health is aware that its counterpart committee in the National Assembly has suggested that this function should revert to the national Government. We, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Senator, but you have taken a little longer.

Mr. Deputy Speaker, Sir, politics aside, the fact remains that there is a very serious problem with the health sector in the country. If you read the newspapers and watch television, it is not only Uasin Gishu; there are many counties where nurses are complaining. They are either going on strike or on go slows as a result of lack of proper management of their affairs. We did not have this problem when the health sector was being run by the central Government. Although I am not suggesting--- However, there is need for the Senate to look into this problem and see what is ailing the sector. The Senate needs to know the causes of poor services in our hospitals and also the differences between the central Government and the Governors. These issues should be addressed one way or the other.

Mr. Deputy Speaker, Sir, I also want to join my colleagues in noting the importance of this Petition and also add my voice to say that, that issue is not only in Uasin Gishu County. We are doing very badly if we compare ourselves, as Sen. Mutula Kilonzo Jnr., has said, with the Abuja Declaration. We are not treating this issue with the importance that it deserves. We have had many complaints especially with the workers’ unions, doctors and nurses. We have not come up with a solution. I want to join my colleagues in asking that from your direction, the Committee on Health does an in-depth analysis of the issues bedeviling this sector. The issue of diversion of funds that are going to Level 4 and Level 5 hospitals by the counties must also be investigated. When some money is given for a certain hospital, does it go there or do we have some county governments taking the money elsewhere? Even with the Committee on Labour and Social Welfare, we have had these issues coming to the fore. The other issue is on the narrative which has been created. As we look at the issues, we also need to do a thorough analysis of the unions. I am not saying that the unions are not doing what they are supposed to do, but we need to know whether there is a deliberate effort to portray the health sector as not working; to be able to fuel that narrative that has been advanced by the National Assembly that we need this function to go back to the national Government.

Mr. Speaker, Sir, I take this opportunity to commend the Kenya Union of Nurses, Uasin Gishu branch, for seeking answers from this honourable House. Some of them have been running from one hospital to another. Doctors have been fighting for their rights for a long time in this country. We have raised issues to do with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I support the Petition. I also support the recommendation that the Standing Committee on Health to carry out proper audit of the entire health sector in our counties. We have a saying that it is the owner of the shoe who knows where it pinches. I support the Senate when we say that we should strengthen county governments so that they can perform their role better. I am one person who knows the work of the nurses. When I was in the hospital for one year, were it not for the nurses and doctors, I would have not been in this House.

I fully support that noble function carried out by our nurses and doctors. We must come outright as a Senate to strengthen the county governments so that they can perform that noble service.

Mr. Speaker, Sir, I also wish to congratulate the petitioners. If these are the real relevant caregivers, it shows they are concerned about their area of specialty, especially the health of mwananchi, “ Wanjiku” . The issue of losing lives cannot be prevented in the name of fighting for supremacy, that is who should be in-charge of what. Let all the parties concerned, whether it is the national or the county governments ensure that the lives of Kenyans are protected and all resources are provided for adequately. We cannot afford to be losing people. Losing women and their unborn children is very sad. I hope this matter will be investigated to the letter.

Mr. Speaker, Sir, I join my colleagues in supporting that petition by the Union of Nurses from Uasin Gishu County. The issues they have raised cut across all the 47 counties. I come for Kericho County. Those issues also affect my county. Issues of lack of medicine and payments have been causing strikes in most of the counties. This sector is very crucial as it deals with lives. It deals with people. At times, people go for medication in hospitals, health centres or dispensaries and lack medicines or find doctors and nurses on strike. The committee must really investigate. To the nurses and doctors, this sector cannot be reverted to the national Government. It must remain in the county Government. Those issues must be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I agree with that Petition. However, I request the Committee to which this matter will be marked, during their investigation, not to lose sight of the fact that the answer obviously lies somewhere. It lies in the Constitution. The way we structured the function of health, it was an oversight in the sense that, it cuts across the 47 counties. Most governors led by Mandera and Elgeyo-Marakwet have done very well in terms of infrastructure development of the facilities. However, in all counties, they have failed to manage human resource. I, therefore, challenge the Committee to strongly come out and recommend that we align the Constitution in such a way that we create a Health Workers’ Commission akin to the Teacher’s Service Commission that will cater for the training, promotion, transfer, posting, salaries, discipline and what have you. That is where the problem is. My second comment is that some of the governors have completely misunderstood Appropriation-in-Aid (A-in-A) that you find in health facilities. The A-in- A is raised and banked into an account that is controlled by the governor. He does not release those funds back to the institution, as it applies in A-in-A. The national Government should not delay releasing funds to counties. This is because the doctors and nurses think that they are the only ones not being paid, when actually most civil servants in all the counties cannot be paid because the national Government is not releasing money on time. Finally, I want to send my condolences to the husband, family and friends of Mama Elizabeth Akala, who was kept at the maternity hospital in Kakamega for 14 hours---

Order, Sen. Khalwale! You know the way we proceed. If you want to send condolences, ask me and I will allow you time. But right now we are discussing a specific issue of a Petition. That is the way we shall proceed. If you request for specific time, I will give you. If you want to request a Statement on that issue, I will allow you. Let us do things procedurally.

Thank you for inviting me. It happens that this girl was selling petrol to all of us in Kakamega for over 15 years.

Order! Sen. Lesan.

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity to also air views on this Petition. First, I want to thank the nurses from Uasin The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

It has not been referred to you yet. You are pre-empting.

Mr. Deputy Speaker, Sir, I was just mentioning that the Committee will address the issues that have been raised once the Petition is referred to it. Thank you.

Sen. Lesan, it has not been referred to any Committee yet. Sen. Kanainza.

Mr. Deputy Speaker, Sir, I also rise to appreciate the Petition that has been brought by the nurses and health officers from Uasin Gishu. It is high time that the Committee on Health looks into matters concerning health in a broad and comprehensive way. When the Committee eventually brings a report to the House, we shall debate it and solve some of the issues that keep arising. There are many cases of patients dying in hospitals. I even sought a Statement regarding such an incident and I am still waiting for the final answer from the Committee. In the news today I heard that we have lost another woman who was in the process of giving birth. It is important that the Committee addresses these matters comprehensively. Since health care is a devolved function, it is important that the national Government and the Ministry of Health invest properly. Governments in developed countries invest about 45 per cent of their budgets in health, whereas our Government allocates a very small percentage. We also need to invest in research so that we can have a healthy country. Equally, enough funds should be allocated to the county governments not only in as far as the health function is concerned, but also other functions. These monies should be sent to the counties at the right time. More often than not, we have delays in the release of funds. That is why doctors and other civil servants demonstrate or engage in go-slows. I support the Petition.

Mr. Deputy Speaker, Sir, I would like to thank the petitioners for taking their time to bring to this House such very important matters relating to health. There is something unique taking place in this country. The citizens of this nation believe that the Senate will help them resolve serious matters that are bedeviling their counties. As a House, we take every petition that comes from the members of the public seriously. I am even aware that some petitions will come from my county. It is important that these issues are canvassed so that we can find the true position. We have acted in 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.

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for Sen. Murkomen to go into the merits and demerits of a proposal by Sen. Khalwale that is not an active matter on the Floor?

Mr. Deputy Speaker, Sir, I was just commenting on it because it is an important issue.

On a point of order, Mr. Deputy Speaker, Sir. Following Sen. Hassan’s statement that there is no vacuum in the leadership of CORD, was there a coup against the Deputy Minority Leader, Sen. Abdirahman? Could he clarify? 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. Deputy Speaker, Sir.

Is it on something that Sen. Murkomen has said?

Is Sen. Haji in order to imagine that there is a vacuum in the leadership of CORD, when he knows very well that the able Senator for Wajir is here, leading us and we have not complained? The only mishap is that the Senate Minority Leader, Sen. Wetangula is where his equals are. He has taken his seat in Dar-es-Salaam, next to President Uhuru, to congratulate President Magufuli. What is the big deal?

What is your point of order?

Is he in order to mislead the House that we have a vacuum?

We will end that issue now. All of you are out of order on that specific issue. Kindly conclude, Sen. Murkomen.

Mr. Deputy Speaker, Sir, in conclusion, I want to assure the petitioners, as a Member of this House, that we will act impartially and look at the facts. The Committee that will be given this responsibility will also return to the House with a verdict. This House will then make an informed decision that is devoid of any kind of favouritism to anybody. The same applies to the county governments. We will not victimize anybody unheard or take every statement for the truth, except when we have proved that, that is the position. Sen. Khalwale talked about Elgeyo-Marakwet. Elgeyo-Marakwet is trying when it comes to health infrastructure, unlike many other counties that I have visited. What is remaining is how to manage the infrastructure, give the necessary medicine and get the doctors and nurses to man these institutions. We do not want to have buildings without medicine and human resource to dispense the required services. I welcome and recognize this Petition.

Thank you Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this Petition. The nursing profession and, indeed, all workers in the health sector in the counties are facing challenges. This House has a duty and responsibility to address those challenges. This House will recall that I brought a Motion to give the health function a national approach. While health is a devolved function, the human resource element particularly in respect to professionals like doctors, clinical officers and nurses needs to retain some national outlook for the purpose of ensuring uniform training standards, transferability and effective implementation of schemes of service so that their welfare is protected. We know that in this country, there are regions which are hardship areas, while some regions are better off. It will be condemning these officers when they are posted to those hardship areas to remain there perpetually until they retire. It will not be feasible at all. I would agree with Sen. Murkomen that we need to discus and ensure that they are transferable whenever necessary. I also disagree with him when he says that in the Constitution, you cannot perform that function under the national level. Article 187 of the Constitution provides that, if a function can best be performed by the other level of government, the two levels of government can reach an agreement in a way that the one The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, pursuant to Standing Order No.227 (1) this Petition stands committed to the relevant Standing Committee on Health. I noted a number of issues raised in the Petition fall under the mandate of the Standing Committee on Labour and Social Welfare and; given our growing tradition of considering such matters, I direct that the two committees consider the Petition jointly, with the Standing Committee of health taking the lead. In terms of studying Standing Order No.227 (2):- “The Committees will be required in not more than 60 days from the time of reading this prayer, to respond to the petition by way of a report addressed to the petitioner and laid on the Table of this Senate”.

Mr. Deputy Speaker, Sir, I just want to join hands in welcoming our Indian Ocean neighbours, the Mozambican delegation that is here. You do realise that even in Mozambique, the Speaker uses quite substantive Kiswahili. The Mozambicans will realize that we also have substantial Mozambicans who live in Kwale County, who unfortunately at this point in time, have been regarded as stateless. I believe as we move forward, we need to look at the practical ways to either deport them back to Mozambique or integrate them into the Kenyan society. Feel free because this is a country that is friendly to you and feel the heritage that blows from the Indian Ocean through Mombasa. I am the Senator of Mombasa County so I am probably the closest to you when it comes to transportation by boat. Thank you.

Senators, I want to request you to be as brief as Sen. Hassan.

Mr. Deputy Speaker, Sir, in my capacity as a Member of the Pan-African Parliament and as the leader of the Kenyan delegation to the Pan-African Parliament, I would like to welcome the delegation from Mozambique and tell them that they are welcome. This is your sister Parliament and House. As a team from Kenya, we enjoy good interaction with your team and leadership in the Pan-African Parliament. I believe the African integration will be achieved if the legislators and the people integrate more than just looking at the executive meeting in short meetings. We are very happy to have you here. We look forward to the day we will also visit your country so that we can benchmark like what you have done today. Thank you.

Mr. Speaker, Sir, allow me to join you in welcoming the delegation of members of staff from the Parliament of Mozambique and to tell them to feel at home and enjoy the City in the Sun and Kenya at large. When they go back, they should take our greetings to their country. Thank you.

Thank you Mr. Deputy Speaker, Sir. I would like to welcome our visitors and request them to take our greetings to the people of Mozambique because when we had problems in this country, in the 2007/2008 post-election violence, their gracious daughter, Graca, the wife of the late Samora Machel and Mandela; and the wife of the people of South Africa came and supported us and we found a solution. This is why we are the most democratic and stable Republic in Africa. Thank you.

Thank you, Mr. Deputy Speaker, Sir. I would like to join you and my other colleagues to welcome the delegation from Mozambique. On behalf of CPST, Hon. Bett Mugo and I, as Board Members, we welcome the delegation and we shall 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 very much, Senators. I hope they have felt welcome and their visit will be a learning curve for the mutual benefit of our two countries.

Mr. Deputy Speaker, Sir, I hail the Speaker of Vihiga County Assembly for presenting this matter on behalf of his Members of the county assembly. I do not want to go to the merits and demerits of the Petition but the County Assembly of Vihiga and their Speaker have constantly made use of this House in matters that arise in the assembly. They have so far brought three Petitions to this House. They have also The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, it is unimaginable that KRA will treat counties selectively yet we all pay taxes. Secondly, is it our mandate really to intervene in matters of taxation? If we do that, every Kenyan who is required to pay tax will petition this House. Thank you.

It is interesting how this Petition has generated a lot of interest.

Mr. Deputy Speaker, Sir, as much as I have issues with regard to the harsh sanctions imposed by KRA, the matter of paying tax is not negotiable in this Senate. I do not doubt your wisdom and I concur with your decisions. We should not have allowed this Petition in the first place. It is frivolous and it appears to circumvent an obligation.

Order! You must withdraw that and apolgise.

Mr. Deputy Speaker, Sir, I withdraw and apologise.

This Petition has gone through the motions and, the Constitution provides that every Petition must be heard. As long as it is in the correct form and well before the Senate, the House must make a finding.

Mr. Deputy Speaker, Sir, I request the Committee to make a finding at a preliminary level that this Petition should not be before the Senate. Members of Vihiga County Assembly need to pay their taxes. Everybody’s allowances and benefits are taxed and it is a common application in this country. We cannot try and circumvent an obligation using this House. In the meantime, we need to see how best we can ensure funds belonging to Vihiga County Assembly are made available for service delivery.

Sen. Hassan, if the Petition had not come before the House, you would not have had the opportunity to stand up and say that everybody must pay tax. So, you cannot say it if frivolous or vexatious.

Mr. Deputy Speaker, Sir, I thank the Speaker of the County Assembly of Vihiga for giving me the opportunity to tell him to pay his taxes. 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. Deputy Speaker, Sir. As much as the Petition is in order, taxes must be paid. When an action is done against a taxpayer, like how KRA is acting on Vihiga County Assembly, it cannot be said it is selective because other counties are not paying taxes and that it is a western region issue. The issue is to justify why or why not they should pay tax. Therefore, I urge the Members of the County Assembly of Vihiga County that there are other avenues to be explored. They can sit with KRA and sort out the issue about the closure of their account. As they negotiate on how to pay, the account will not be paralysed. If we have a Senate Committee to mediate on that, we shall be going too low. Therefore, we should not accept it.

Hon. Senators, does anybody have a contrary view of what has been said? There are so many requests and if you are all going to stand up and say people must pay taxes; that the KRA should not be too harsh, it is on HANSARD.

Mr. Deputy Speaker, Sir, I am seriously disturbed by the content of this Petition. If you have noticed, I am not attempting to speak. A revelation that there has been freezing of accounts in Vihiga County is a serious constitutional issue. Under Article 225 (3) of Part VI of the Constitution it provides that:- “Legislation under clause (2) may authorise the Cabinet Secretary responsible for finance to stop the transfer of funds to a state organ or any other public entity”

Mr. Deputy Speaker, Sir, I invite Sen. Hassan to---

Order! I am the one who gave you permission to speak. Address me and ignore them.

That being the case, it therefore, means that whoever froze those accounts has taken an action that is contrary to the provision of the Constitution. We would like it to be clear that it is only this Senate and the National Assembly that can make a decision on the movement of funds in accounts.

(Sen. Kembi-Gitura)

Order! Under 2(c) of the Petition, the speaker says that:- “In the meantime, the KRA has proceeded to order the freezing of bank accounts of the said county assembly. This has hampered the County Assembly from discharging its constitutional mandate.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, is it in order for Sen. (Dr.) Khalwale to deliberately mislead the House by importing his own provisions to Article 225 of the Constitution, and confusing the intention of transfer of funds to counties and the freezing of an account where funds have already been transferred? Is it in order for Sen. (Dr.) Khalwale---

I think Sen. (Dr.) Khalwale abandoned that argument. He started reading it and then stopped. Article 225(3) talks about transfer of funds; what we did once as the Senate, if you recall. There were some counties that had not adhered to rules of procedure of the Senate. Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, there is a serious fundamental issue that has come out of this Petition. That is the portion we must address. The taxes you pay on your allowances are personal to you. Therefore, if there are 67 or whatever number of Members of County Assembly (MCAs) who have not paid their taxes, the freeze should be on their personal accounts and not the accounts of the assembly; that is how it works. Payment of taxes is personal. If the Accounting Officer of the county assembly of Makueni or Vihiga does not remit taxes, then you should deal with the assembly. If he or she has not deducted taxes, you deal with the assembly. However, if the MCAs have refused to pay taxes and it has not been deducted, you freeze their accounts. Mr. Deputy Speaker, Sir, therefore, there is a fundamental issue as to whether the KRA can use the county assembly as a collecting agent of taxes of individual MCAs whose taxes are due. That is wrong because the interest due on unlevied or unpaid taxes should be remitted by the respective MCAs. However, there is a fundamental point that will arise here. Maybe, the Vihiga County Assembly has also exposed itself because if you do not pay taxes, you can be charged in court. Therefore, the Committee will also have to determine whether the accounting officer for Vihiga County has committed an offence. Thank you.

Sen. Murkomen, you have two minutes.

Mr. Deputy Speaker, Sir, my take on this issue is that Kenyans have a right to bring every petition they want to bring here. It is only under the advice of the Committee of the House on how to proceed with certain issues. I encourage the Committee to look at the Petition. If it happens that those issues should be thrashed out by Vihiga County Assembly and the KRA officers, then they should, as Sen. Khaniri said, get back to the Senate within a week so that they expedite the process. For example, 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. That is the advice that will come from the Committee once it has sat. That is why I am of the view that we should not protract this issue.

Mr. Deputy Speaker, Sir, I join my colleagues in saying that Vihiga County Assembly is making good use of this House because this is where people, county governments or county assemblies should seek advice and support when need arises. With regard to the merits and demerits of the Petition, we leave that to the Committee that will deal with it. However, I just want to make one statement. What we are seeing from the ground today is an indicator to the fact that a number of county assemblies and even county governments may not have understood certain responsibilities which they have to undertake, including statutory deductions such as the National Hospital Insurance Fund (NHIF). It is very important to check across the board whether our county assemblies are abiding by this. There is a clear indication that there is need to capacity-build county assemblies and county governments in general. With regard to payment of taxes, colleagues have spoken to it. It is a must and this is something that has to be done. However, we need to take note of the gaps in county assemblies at this stage and in the future. Thank you.

Mr. Deputy Speaker, Sir, first, I thank Vihiga County Assembly for using this House. Secondly, taxes have to be paid. However, what seems to be coming out is that officers in county assemblies do not seem to know what their responsibilities The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I would like to congratulate the county assembly for bringing the issue to the attention of this House because it might look obvious but it is not. Maybe this thing could be going on in other counties. It is good if it is handled at the Senate level so that whatever the outcome of the Petition, it will be of use across the country. Once we receive this kind of petition, we have to always give it due attention instead of just dismissing it at face value.

Hon. Senators, pursuant to Standing Order No. 227(1), the Petition stands committed to the relevant Standing Committee on Finance, Commerce and Budget. In terms of Standing Order 227(2), the Committee will be required, in not more than 60 days from the time of reading this prayer, to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the Senate. Shall we go to the next item on the Order Paper?

Mr. Deputy Speaker, Sir, I beg to lay the Report of the Sessional Committee on the County Public Accounts and Investments on the inquiry into the financial operations of Homa Bay County for the FY 2013/2014. If this Report of the Committee is adopted by this House, it will then result into action on our findings.

REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL OPERATIONS OF VARIOUS COUNTY GOVERNMENTS I also wish to lay the following Papers on the Table of the House:- Report of the Auditor-General (AG) on the Financial Statement of Narok County Government for the sixteen (16) months period ended 30th June, 2014; Report of the Auditor-General (AG) on the Financial Statement of Kericho County Government for the sixteen (16) months period ended 30th June, 2014; Report of the Auditor-General (AG) on the Financial Statement of Kilifi County Government for the sixteen (16) months period ended 30 June, 2014; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, there are a few statements to be made. KILLING OF MR. ELIUD WACHIRA GACHOKI I know Sen. Karaba is out of the country. Sen. Haji, do you have the Statement ready in any case?

Mr. Deputy Speaker, Sir, yes, I have the Statement.

Sen. Karaba is out of the country. Shall we defer it to Tuesday?

Mr. Deputy Speaker, Sir, fine.

The Senate Majority Leader is not here, neither is Sen. Nabwala. So, let us defer it to next Tuesday.

The Standing Committee on Finance, Commerce and Budget is to respond toSen. Elachi’s request for a Statement.

.: Mr. Deputy Speaker, Sir, I have the response. However, I must confess that I have just been given this Statement by our assistants here. So, I am unable to summarise it unless you allow – which you rarely do – me to read it.

How long is it?

.: Mr. Deputy Speaker, Sir, it is single spaced and five pages. 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.

When did you get it?

.: Mr. Deputy Speaker, Sir, I got it at 3.00 p.m. when I had just walked in.

Sen. Elachi, do you have a copy?

Mr. Deputy Speaker, Sir, no.

So, you would like some time, right? Would you like it to be deferred to tomorrow so that you can read and understand it?

Mr. Deputy Speaker, Sir, yes.

Thank you. Sen. Mutula Kilonzo Jnr., would you like to issue it tomorrow or Tuesday?

Mr. Deputy Speaker, Sir, we are sitting tomorrow. If she wants, I can read it tomorrow or Tuesday.

Having said that, when a Statement is that long, on single space and five pages, I think it would be good practice to try and summarise it.

Mr. Deputy Speaker, Sir, true.

In the meantime, any Member who would like to read it in its full text can get it at the Dispatch Box. It is so directed.

.: Mr. Deputy Speaker, Sir, Tuesday next week.

Thank you.

The Standing Committee on Finance, Commerce and Budget, do you have a response for Sen. Kagwe?

Mr. Deputy Speaker, Sir, I think the response had been produced in the Committee, but the Chairperson is not here. Could you, please, if you allow again---

Which Chairperson is not here?

.: Mr. Deputy Speaker, Sir, the Chairperson of the Committee on Finance, Commerce and Budget. I remember we had discussed it at length in our Committee. I propose that if you could again, indulge us until next Tuesday. Sen. Kagwe is not in the House, anyway.

Very well. Tuesday!

Mr. Deputy Speaker, Sir, I was expected to have brought a Statement in response to a requisition from the Senator of Narok County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We have not reached there. You are not even on the list, so, if you could wait for a while, we will finish with the listed ones and then come to you. MANAGEMENT OF REVENUE COLLECTED FROM MAASAI MARA GAME RESERVE Now, the Standing Committee on Finance, Commerce and Budget, do you have a response for Sen. Leshore?

Mr. Deputy Speaker, Sir, I must confess that we had a problem with this Statement because all our efforts to get the Statements have not been responded to. Again, all our efforts to summon the persons in charge – KWS – through the Ministry have also not been successful. We had resolved to summon the Cabinet Secretary (CS) in charge but we have not done so. If you could allow, in the next meeting, those summons will be issued to the relevant Ministry. This Statement is more than six months old on the Order Paper.

Mr. Deputy Speaker, Sir, I would like to correct Sen. Mutula Kilonzo Jnr. KWS is not involved in this issue. It is the county government which is involved. I think we would rather direct it to the Ministry of Devolution or the National Treasury.

On a point of order, Mr. Deputy Speaker, Sir. You have heard my brother, Sen. Mutula Kilonzo Jnr., saying that the Statement has taken six months to get from the relevant line Ministry. The practice of this House is that it ordinarily takes just two weeks. It is not very frequent but we have had respective colleagues complaining of lack of good responses or none at times from Cabinet Secretaries (CSs) and we have resorted to inviting the Cabinet Secretaries (CSs) to a larger meeting finally, to probe and get these out of them. Maybe, it would require your direction. We have the capacity through the committees to summon these people, but at times, it does not happen. Could you give some very strong direction so that Cabinet Secretaries (CSs) can become more effective? The various Chairpersons are really suffering. We seek your guidance on this. We know there is a provision but we would want it to strongly come from the Chair.

Sen. Abdirahman, I have referred to Article 125 on very many occasions, particularly last week and even last week, but one. In this case, I will leave it to the Chairpersons of the Committees, Sen. Mutula Kilonzo Jnr., but if they have problems and they want us to help them use Article 125, they are welcome. However, from where I am seated, it will be difficult for me to make a specific order on each occasion. The Chairperson of each Committee knows that there is Article 125 of the Constitution which they can use when and if necessary. Sen. Haji, do you have a point of order?

Yes, Mr. Deputy Speaker, Sir. While I quite agree with you, but I just want to float an idea that has worked very well in the National Assembly. After the Speaker summoned all the Cabinet Secretaries, together with the Majority and Minority 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.

Yes, that will be very helpful, but of course, we also have the problem that sometimes when we invite the Cabinet Secretaries, as in your specific case this week, they sometimes do not show up. You explained very well that you understood the reasons. So, there are all those constraints, but I reckon that we must continue making every effort and when we find that there is indolence on the part of a Cabinet Secretary or other government officers then we use Article 125 of the Constitution. That is my direction on that issue. Sen. Keter, proceed with your statement. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 10TH NOVEMBER, 2015

Mr. Deputy Speaker, I wish to issue a statement on the business of the Senate for the following week, commencing Tuesday, 10th November, 2015. Hon. Senators, pursuant to provisions of Standing Order No.45, this is to present the Senate business for the coming week. On Tuesday, 10th November, 2015, the Rules and Business Committee (RBC) will meet at midday to schedule business of the Senate for the week. Subject to further directions by the RBC, the Senate will continue with the business that will not be concluded this week focusing on debate on Bills at the Second Reading stage and Committee of the Whole. In addition, the following Bills will be scheduled for Second Reading and Committee of the Whole:- (a) Bills for Second Reading (i) The Kenya National Examinations Council (Amendment) Bill (Senate Bill No.7 of 2015). (ii) The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015). (iii) Division on the County Governments Disaster Management Bill (Senate Bill No.40 of 2014). (iv) Division on the Office of the County Attorney Bill (Senate Bill No.37 of 2014). (b) Bills for Committee of the Whole. (i) The Presidential Memoranda on the Public Procurement and Asset Disposal Bill and the Public Audit Bill. (ii) The Public Appointments (County Assembly Approval) Bill (Senate Bill No.20 of 2014). (iii) The County Early Childhood Education Bill (Senate Bill No.32 of 2014). (iv) The Climate Change Bill (National Assembly Bill No.1 of 2014) On Wednesday, 11th November, 2015, the Senate will continue with the business not concluded during Tuesday’s sitting and any other business scheduled by the RBC. 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, I have a communication to make on a Special Sitting of the Senate to consider the report of the Special Committee on the Proposed Removal from Office of the Governor for Murang’a County. Hon. Senators, as you may be aware, or as you may recall, yesterday Wednesday, 4th November, 2015, I issued a communication to the effect that I had appointed Saturday, 7th November, 2015 as a date for a Special Sitting of the Senate to consider the report of the Special Committee on the proposed removal from Office of the Governor for Murang’a County. After my communication, several of you canvassed the matter from the Floor and urged me to re-consider the decision to have the Special Sitting on Saturday, 7th November, 2015. I undertook to consult with the Senate Majority and Minority Leaders and give a way forward, pursuant to the said canvassing that was in the House. Hon. Senators, I have consulted and taken your views into consideration. I, therefore, wish to inform you that pursuant to Standing Order No.29(1) on further request of the Senate Majority Leader and with the support of the requisite number of Senators, I have appointed Friday, 6th November, 2015, as a day for the making of a Special Sitting of the Senate. The sitting shall be held in the Senate Chamber, Main Parliament Buildings, Nairobi, commencing at 3.00 p.m. to allow the Special Committee to finish its work. The business to be transacted at the sitting shall be consideration of the report of the Special Committee on the Proposed Removal from office of the Governor for Murang’a County. In accordance with Standing Order No.29(5), this shall be the only business on that day, and thereafter, the Senate shall adjourn to the next sitting day as per the approved calendar. Gazette Notice No.8228 dated 4th November, 2015, has been revoked and a new Gazette Notice on the matter has been issued. I urge all the hon. Senators to attend the Special Sitting of the Senate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I thank you for that ruling, which means you have considered all our views which we placed before you yesterday. In your ruling, you only mentioned that you have suspended all Committee meetings. There are other Committees which will go out of Nairobi. Will they be affected? Owing to the importance of the business, I thought in your communication, you should have said all the Committees whether they are within Nairobi or outside, should cancel their business.

Thank you very much, Sen. Keter. The only thing I cannot do is to recall those who maybe overseas already, but all local Committee meetings and all travel scheduled for tomorrow are hereby cancelled. That is the point I was making. That will be the position so that if, for instance, you had a meeting in Naivasha or Mombasa tomorrow afternoon, you can plan to go on Saturday. There will be no meeting of the Senate Committees anywhere tomorrow afternoon. Proceed, Sen. (Dr.) Khalwale.

On a point of order, Mr. Deputy Speaker, Sir, before you call for the next order, I was expected to give a response---

Sorry, Senator, are you still on statements?

Yes, Mr. Deputy Speaker, Sir.

I will give you a chance. I am sorry I overlooked it because I had promised you. Proceed, Sen. Mutula Kilonzo Jnr. Is it on a different thing?

No, Mr. Deputy Speaker, Sir, it is on your direction. Thank you for reviewing your earlier ruling and, therefore, setting precedent. I am pleased that you are seated there. Mr. Deputy Speaker, Sir, I know I had spoken to you about this before and you have challenged me. However, if we do not have the requisite number tomorrow, it will be extremely futile to sit here the whole afternoon. I urge you to use your good office to ensure that we have the requisite numbers tomorrow.

Sen. Mutula Kilonzo Jnr., we can only do our best. I have done a communication and I hope that you will be here and everybody else. All l can say is that I have issued a communication and I want to believe that the office of the Speaker and that of the Clerk will do everything possible to ensure that all Senators are informed. That closes the issue. Sen. (Dr.) Khalwale, I will go back on the Order Paper to indulge you.

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. Deputy Speaker, Sir. I was expected to bring a Statement in response to a request by the Senator for Narok on the affairs of collection of revenue at the Maasai Mara Triangle. I have made very serious head wins to the extent that the public can start thinking that our Committee is not up to it. I thought I should use this point of order to clarify that we have exhausted the three invitations that we gave the governor. We have further offered him an opportunity to host us for purposes of clearing the matters that were raised, but he has declined. We have today issued summons with the attendant consequences. Mr. Deputy Speaker, Sir, the reason why I chose to make this statement is because refusal by governors to appear before our Committee attracted a court process that was decided in our favour. We would like the country to know that the Governor of Narok is defying this Senate and the ruling of the court. He has been joined in those bad manners by the Governor of Kakamega. We have summoned both of them. I thank you. I ask and request Sen. Ntutu to be patient. We hope the governor will honour the summons.

On a point of order, Mr. Deputy Speaker, Sir. We do not want to look helpless as the Senate. Committees have time and again been told to use their power. With due respect to Sen. (Dr.) Khalwale, I want him to hear this, please, use your power to compel them to attend. If they do not attend, there is recourse. You should be able to use this opportunity.

Mr. Deputy Speaker, Sir, Sen. (Dr.) Khalwale has said that the Committee has summoned them severally and they have continued to defy the invitations of the Senate. I thought if it was summons, I was going to suggest that we now direct that they be arrested.

Thank you, Sen. (Dr.) Khalwale. Sen. Ntutu, do you want to contribute to this issue?

Thank you very much, Mr. Deputy Speaker, Sir. May I also take this opportunity to thank the Chairman Sen. (Dr.) Khalwale for being honest to the House because I know how slippery the Governor of Narok is? I want to congratulate him because “flying briefcases” from Narok have not landed on his hands. So, I will be patient up to next week because the people of Narok are still eager to get the answer.

On a point of order, Mr. Deputy Speaker, Sir. I do not know whether you heard my friend and neighbour, Senator from Narok talking about “flying briefcases”.

Did you use the term “flying brief cases”?

Mr. Deputy Speaker, Sir that is common knowledge. Many people know what I mean by that.

Order, Sen. Ntutu! It may be common knowledge, but we are a House of record. I must confess this is the first time I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, if my good friend wants to know about these “flying briefcases”, those are the briefcases that have caused havoc in Narok County. We are aware of the helicopters ferrying money from Narok to some quarters.

Order, Sen. Ntutu! The issue that is the subject matter is a pretty serious issue and I know it has gone on for some time and Sen. (Dr.) Khalwale has been gracious enough to share with us his problems or constraints on the issue. We will not allow you or anybody else at this stage in this House to say anything that might appear to impute improper motive on anybody. I know you have not mentioned any names, but when you talk about “flying briefcases” and then cap it up with money, it implies that these briefcases are flying with money or something like that. I now start to understand what you are saying, but it is a statement that I will not allow to hold because it will not be right for this House to accept unless you can substantiate it. However, the problem with that substantiation is that you might be putting yourself in a trap where you must do it by way of a substantive Motion. So, I am also cautioning you to be careful with how you tread on this issue.

Thank you, Sen. Ntutu. Sen (Dr.) Khalwale, do you have any timelines on this issue?

Thank you, Mr. Deputy Speaker, Sir. My mind is very clear that on Tuesday after next week, I will have something to say because the summons will compel him to appear before us seven days from today which is on Friday next week. We have scheduled a sitting for that and, thereafter, I will be able to bring a report on Tuesday after next week.

Your Committee has made a resolution to issue summons?

Mr. Deputy Speaker, Sir, they have already been issued today.

Sen. Ntutu, you will have to be satisfied with that for now and then we shall wait for what will come from the Committee then we can canvas these issues further. Next Order!

On a point of order, Mr. Deputy Speaker, Sir. I thought we were still on Statements. I have a Statement which I had promised to deliver in the House today. I am sorry, if I am late.

We finished Statements a long time ago. Yours was a last one.

No. It was under “c.”

You issued a Statement on the Business of the House. We deferred Statement (c) because neither you nor Sen. Nabwala was here.

I was around. I just stepped out---

Since you were not on your seat, we deferred it to Tuesday, next week. Is there anybody else who had a Statement? I think that was the last one. Next Order!

Hon. Senators, I will have to re- organize the Order Paper. Since, Sen. Murungi is not here to move his Motion, I will defer it. ESTABLISHMENT OF A TASKFORCE TO SURVEY AND FIX BEACONS FOR ALL COUNTY BOUNDARIES GIVEN the clear provisions of Article 6 (1) and the First Schedule which establishes the 47 counties of the Republic of Kenya; CONSIDERING the clear provisions of the Districts and Provinces Act (Cap 105 A) of 1992 which specifically delineates the geographical boundaries of each county; NOTING the provisions of Article 188 of the Constitution, which clearly state that the boundaries of a county may be altered only by a resolution of an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I beg to move the following Motion;- THAT, COGNIZANT that Mr. Harold Kipchumba, a former Senator in the Parliament of Kenya, has been instrumental in engaging public support for mass immunization campaign aimed at eradicating and eliminating diseases such as polio and tetanus as well as the introduction of new vaccines into the Kenya Expanded Programme of Immunizations Services (EPI); AWARE that Sen. Kipchumba has, through dialogue and media appeal, persuaded communities and groups that were, by reason of their religious and cultural beliefs or practices, initially opposed to polio as well as other EPI vaccines immunization, to embrace the practice; ACKNOWLEDGING that Sen. Kipchumba’s unwavering advocacy and lobbying to various stakeholders, both at national and county government levels, was instrumental in helping to achieve 93 per cent polio immunization coverage of children under 5 years of age during the August, 2015 polio campaign; NOTING that Sen. Kipchumba has become the face of vaccine-preventable disease eradication and elimination efforts in Kenya and has identified 15 polio survivors as immunization champions and enlisted their support to take his message ‘‘Immunization is not a choice, it is a right’’ throughout the country; FURTHER AWARE that both the United Nations Children’s Fund (UNICEF) and the World Health Organization (WHO) Kenya Country offices nominated Sen. Kipchumba for the 2015 United Nations Person of the Year Award in recognition of his efforts cited herein and he was subsequently named for the award; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Anyang’-Nyong’o, I did not want to interrupt because I am enjoying the debate. However, you should also add that it is “Sen. Harold Kipchumba”. This is because many people will direct the credit to another Kipchumba in the House.

Okay, fine! I emphasize that a Senator sitting in the Chair is not the one that I am talking about. However, I know I shall get another occasion to speak equally positively about him in another forum on another issue. Mr. Temporary Speaker, Sir, I ask my friend, Sen. Njoroge, to second this Motion because the wearer of the shoes knows best where the shoe hurts. I beg to move.

Mr. Temporary Speaker, Sir, I stand to second the Motion. I thank Sen. (Prof.) Anyang’-Nyong’o because it is in very rare cases we get elite members of the public and Members of Parliament to recognise our input. This shows how committed he is towards matters regarding persons with disability. I, therefore, would not hesitate to commend him for his recognition of some efforts made by individuals with disability. I would like to congratulate Sen. Harold Kipchumba for the good initiative he took to help Kenyans in fighting this vice, polio. If his parents and mine, worked on this when we were young, the story would be very different. However, those years, the campaign against Polio was not given any attention. We ended up having a permanent physical disability. We have grown through a lot of hardship. This was a good effort from Sen. Kipchumba, especially his unwavering advocacy and lobbying to various stakeholders. This has resulted to both UNICEF and WHO awarding him. That is very encouraging. With this kind of effort, I ask parents all over the country to support this initiative so that they play a role in preventing any damage occurring to children who are born without any disability. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to congratulate the Mover of this Motion, Sen. (Prof.)Anyang’-Nyong’o, otherwise known as “my teacher” for recognizing this very important achievement by Sen. Harold K. Kipchumba. I also congratulate very heartily Sen. Harold K. Kipchumba for his achievement. This nation is not known or rather famous for recognizing its heroes. Today, the pride that we take in this House is that we are now debating to congratulate and recognize a hero of this nation in the name of Sen. Harold K. Kipchumba. Looking at this Motion, a number of things arise in our minds, the first one is what I have mentioned about; heroism in our nation. When Sen.Harold K. Kipchumba, first came to this House, we noticed immediately his intellect, passion and drive particularly for those who are challenged and those who did not have a voice in the House. Thanks to our Constitution, those persons with disabilities are now well represented, not only in the Senate, but in all other representative Houses across the country both in the national Government as well as the county governments. It is a big achievement for Kenya. Not many Constitutions of nations across the world, including the so-called advanced nations, have taken the recognition, and the recognition level that Kenya has done. Mr. Speaker, Sir, we are a nation that critiques ourselves beyond recognition. However, for once, it is good for Kenya to recognize that there are some things we have done that are good. One of them being that our Constitution recognizes and places importance to those like Sen. Harold K. Kipchumba, who would be, otherwise, relegated because of their disabilities. Disability is not inability as ably been demonstrated, not only by those who represent that category of persons in this House and elsewhere, but indeed, across the country. In Nyeri County, for example, Mukurweini Constituency, we have a school called the Rev. Muhoro School for the Deaf which has students from all over our nation. It is a special place. When you visit that school, you will really accept and acknowledge that being physically challenged is not a matter that can relegate a human being to the dustbin. 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 support this Motion and I congratulate the Mover, Sen. (Prof.) Anyang’-Nyong’o for finding it fit to bring this Motion for deliberation this afternoon. I am particularly happy having known Kipchumba from his background because, like him, I come from Baringo District. I know him right from his home and I know he is still a fighter. If he were somebody else, he would have been reluctant, though he is disabled and unable. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Mr. Temporary Speaker, Sir, I thought the Speaker makes a determination whether, indeed, the Senator is in order to say that those who nominated him are responsible for his removal. The correct record is that he was nominated, but lost through a court process. The Senator can easily send the wrong message to members of the public. It is the court that removed him. Is she in order?

Sen. Kittony what do you have? Be very careful also.

Mr. Temporary Speaker, Sir, I know it was a court process, but those who nominated him should have helped him to continue being a Member of this House. I am sorry, it was a slip of the tongue.

The Member, who replaced him, sits next to you and has made generous comments about former Sen. Kipchumba. He even went further to tell the House that in retrospect, Kipchumba should thank him because had he sat in this House, he would be like him, with no award.

Mr. Temporary Speaker, Sir, may I inform Sen. Kittony that Sen. Njoroge had already confirmed that he is the one who played a role in the removal of former Sen. Kipchumba.

Sen. Kanainza, I do not know if he said he played a role, but in his statement, he said he played a positive role in ensuring that he goes outside and gets his ward.

Mr. Temporary Speaker, Sir, I said in spite of all these, he is still a hard working person. I engage with him on many occasions. We come from the same home area. He means well. I have commended the Mover of this Motion because if he was not recognised by his party, God through the UNICEF has awarded him, which we now celebrate. I join the Mover and the other Members that we miss him in the Senate. I must say that because for the short spell that he was here, he proved that he had ability. Wherever he is, I know he is the pride of his family and this country and a challenge to those of us who do not consider such kind of people. Disability is not inability. Therefore, we should also recognise others for their contribution. On many occasions I have talked with him, he has always said: “I wish people knew what I have gone through. I wish all mothers of Kenya would take their children for vaccination.” He is a very good teacher and campaigner. He is involved in campaigning 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 would like to congratulate Sen. (Prof.) Anyang'-Nyong'o for bringing this matter before this nation. I want to use this opportunity to congratulate my friend and brother, former Senator Harold Kipchumba, who I continue to miss in this House. I also congratulate his mother, Mama Ruth Kobilo, aged 85 years, who walked with him in the critical five years of life, when every mother experiences great pain to see a child whom she knew would run like other children stuck in her laps. I also extend the same congratulations to Mzee Kimuge Komen aged 88, the father of Kipchumba Murkomen, for the same reason like the mother. You know, a Kalenjin---

Sen. (Dr.) Khalwale, as I told you, you need to be very careful. You said “Kipchumba Murkomen.”

I am Sorry, Mr. Temporary Speaker, Sir. It is Harold Kipchumba. This is because I love you for the good reason. The only reason my love is measured on you is because of your association with a Government that is incapable of leading the country.

Order! Sen. (Dr.) Khalwale, do you know that I am sitting on the Speaker’s Chair? Are you trying to challenge the Speaker? The Speaker cannot associate himself with any side of the House. You can give any partisan position when I am out of this Chair.

Mr. Temporary Speaker, Sir, I am so guided. Indeed, Sen. Harold Kipchumba who is just over 50 years old, and, therefore, in my generation in terms of age, is a great man. I have never seen such a confident person who lives with disability. For Kenyans who might not know who we are talking about, we are talking about a man who is very handsome with a fantastic set of teeth. I am not surprised that in spite of having a disability, he attracted his beautiful and wonderful wife leading to the current sons he has. I thank all members of his family and congratulate them. Mr. Temporary Speaker, Sir, I also congratulate the change movement of Kenya. I knew Sen. Kipchumba many years ago when we were championing for change and reform in this country. He has stayed the course and I have every reason to congratulate Sen. (Prof.) Anyang'-Nyong'o’s party; the Orange Democratic Movement (ODM), because it identified the need for him to be brought to the national platform, here in the Senate. Mr. Temporary Speaker, Sir, Mr. Kipchumba was also spotted by the Ministry of Health. I congratulate the Director of Medical Services, Mr. Muraguri, who presided over the decision that gave Mr. Harold Kipchumba the status of a Goodwill Immunisation 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.

Mr. Temporary Speaker, Sir, I did not mention anybody.

Sen. (Dr.) Khalwale, I am sure you will be truthful because we have the HANSARD. Did you say that people with two children are jokers?

Mr. Temporary Speaker, Sir, I actually said “unlike those jokers” and qualified it by saying “I am a pro-life doctor and pro-life politician who believes that every child must be given an opportunity to live in this world and that every egg carried in the ovary of a beautiful African woman must give forth to a child.” I apologise if I have offended anybody. Mr. Temporary Speaker, Sir, I was addressing the importance of immunization amongst our pregnant mothers. It is so serious because sometimes – Sen. Mshenga is here and she knows these things better than me – it is very frustrating after a mother has given birth to a bouncing baby only to realise that the child developed tetanus because the mother was never vaccinated. We urge all mothers to go for tetanus toxoid and Vitamins A vaccinations. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I am giving you one minute to conclude that story.

Mr. Temporary Speaker, the nurse went to the fridge and instead of picking the polio vaccine, she picked an anesthetic drug that sends patients to sleep. So, the nurse – they are very fast – injected 10 children: Pap! Pap! Pap ! By good luck, I was in the hospital at that time. Suddenly, there was a scream from the MCH clinic that children had stopped breathing. In the confusion, I did not know what was going on, but the first thing I did was to put the children on oxygen and asked the nurse: “Could you give me the vial that you gave these children?” I wanted to look at the expiry dates only to discover that she had given the children an anesthetic drug and so, the children had been paralyzed, ready for operation. We then managed to reverse the anesthesia, but lost five children in the process. These are things that are practical and serious. I support.

We will have our time to bring a Motion to celebrate you.

Thank you, Mr. Temporary Speaker, Sir. I know speaking after Sen. (Dr.) Khalwale, a medical practitioner, is not very easy. First, I would like to commend Sen. (Prof.) Anyang'-Nyong'o for bringing this very important Motion before this House. I also congratulate Sen. Harold Kipchumba who was one of us in this House for the exemplary work that he has done and continues to do until he has been recognised as the 2015 UN Kenya Person of the Year. I would like to thank Sen. Mutahi Kagwe for what he said, that it is not very often that we celebrate the work that Kenyans do while they are still alive or here at home. We celebrate them much later after they are long gone and most of them are celebrated outside the country. So, this is a very important Motion. Mr. Temporary Speaker, Sir, it is important to look at the issues surrounding the reason why Mr. Harold Kipchumba was given this award. I would also like to commend him. After he left this House, he did not wallow in self-pity but he went out for a cause that has changed lives. Those children who have been vaccinated will be forever grateful to their parents for heeding the call and also to him for raising awareness about vaccination. Mr. Temporary Speaker, Sir, Mr. Kipchumba turned the situation when he was outside this House. The world gave him lemon and he made lemonade out of it. He has made a great impact in our country. We celebrate him. 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. Pia mimi najifunga kibwebwe niunge mkono mjadala huu. Shukrani zangu za dhati kwa Sen. (Prof.) Anyang'-Nyong'o kwa sababu hii ni Hoja ambayo ni ya maana sana. Nataka pia kumpongeza ndugu yangu, Sen. Harold Kipchumba, kwa kupasua mbarika hii. Bw. Spika wa Muda, aibu ya maiti aijuaye ni mwosha. Adhabu ya kaburi aijuaye ni maiti. Agunduaye ndwele ndiyo mganga. Sen. Harold amefanya jambo la maana sana. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity. I will start by appreciating Sen. (Prof.) Anyang'-Nyong’o for showing how proud he is to be Kenyan. This is not the first time he is bringing such a Motion. I remember in the last Session, he also brought a Motion to appreciate our heroes in the country. Former Sen. Kipchumba is a special person to us, as Members of the Senate. That is why we are giving him special recognition. We celebrate heroes in this country, and we celebrated a number of people on 20th October to mark the Mashujaa Day. I remember the contributions of Sen. Kipchumba while he was serving as a Senator for that short time. He was an intellectual and did his job in this House very well. We also appreciate that even after he left the Senate, he has continued to serve this country in a special way and for the good of the country. He has instrumentally engaged the public in the immunization campaign. He has advocated and identified 15 polio survivors. Through this, he has encouraged all of us. If such a person can do such a thing, why can we not also emulate and do more because we have better ability than him? He was a Member of our party, and I believe he is still a member of ODM. We truly miss his contributions in the House, but at the same time, celebrate him because of the contribution he is making to this country. The United Nations Children’s Fund (UNICEF) has recognized his work. As Sen. (Prof.) Anyang'-Nyong'o was going through the Motion, I remembered a small Muslim boy who made a homemade clock which was suspected to be a bomb and he went with it to school. He was arrested but the President of the United States of America (USA) invited him to the White House, just to show his innovation. It is a challenge to our country and our county governments. Sometimes this year, there was a young boy from Kitale who came up with an innovation of a helicopter. What are we doing to ensure that our young innovators are encouraged and given the best facilitation, so that we keep on having people who can bring a difference and change in our country? Mr. Temporary Speaker, Sir, immunization and vaccination touch on the Ministry of Health. We are aware that it is a devolved function. It is time that the national Government together with the county governments looked into the best practices in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Kanainza. Are you saying they did well to recognize him as opposed to me or that he is not the same person as Sen. Murkomen?

I almost said “Sen. Kipchumba Murkomen.” The UNICEF and WHO have recognized him and it is time we appreciated the usage of the vaccines that are produced by WHO and procured by UNICEF. They have proved to be safe and effective. The UNICEF has done its bit. It is time that the President of this country together with the Committee that recognizes heroes awarded Sen. Kipchumba with the Order of the Golden Warrior (OGW) because of the good work he has done. I believe that all of you concur with me---

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

I accept to be informed.

Mr. Temporary Speaker, Sir, I want to inform my sister that he does not need to get the Order of Golden Warrior; there are other higher commendations. We will be looking to see whether he will be among those who will be commended on 12th December.

Thank you, Sen. Lesuuda for informing me. That just confirms that the Government should consider giving Sen. Kipchumba the highest award in the country, which is the Order of the Golden Warrior. As Senators and Kenyans, let us live to make a difference in our country. I support the Motion.

Mr. Temporary Speaker, Sir, as my colleagues have put it, I want to congratulate the Senator for Kisumu, Sen. (Prof.) Anyang'-Nyong'o, for bringing this wonderful Motion. From the outset, I want to congratulate Sen. Harold Kipchumba for being the 2015 United Nations (UN) Person of the Year. Such awards do not come as easy as we may think. Sen. Kipchumba is a champion of people living with disabilities. 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, from the outset, I would like to commend Sen. (Prof.) Anyang'-Nyong'o for bringing this Motion to commend a hero of not only this nation, but the world. There is a saying that when one door closes, God opens bigger doors. This is what happened to Sen. Harold Kipchumba who has had a passion for human rights activism for a long time. He has not only fought for people living with disabilities, but for the second liberation of this country. Many people know that Sen. Harold Kipchumba wanted change when he stood up against successive governments during the fight for the second liberation of this nation. Mr. Temporary Speaker, Sir, Sen. Harold Kipchumba’s recognition by the UNICEF is a great stride for this country. He stood for what was close to his heart. I saw him on television on several occasions, with a beaming smile while advocating for mass immunization for children who have a chance for immunization unlike him who never had the opportunities that we have today. There are families today who keep children who are disabled under the carpets. It is important, with the advent of the information we now have, that families, members of the public, Members of Parliament and all activists join the work which has been started and well done by Sen. Kipchumba as we commend him today. 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 thank the Senator of Kisumu County. I also join my colleagues to thank the former Sen. Harold Kipchumba. 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 information, Mr. Temporary Speaker, Sir.

Sen. Elachi, are you willing to be informed?

Yes, Mr. Temporary Speaker, Sir. He is from Kisii.

Mr. Temporary Speaker, Sir, allow me to inform Sen. Elachi that scientific research shows that bats’ faeces and urine have some components which can cause Ebola and many other diseases. The bats fly to Migori at night to look for food and come back to Kisii County during the day. That is the danger I wanted to inform the Senator about. I do not know whether that officer works with the county government or the national Government. Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, we need to remind ourselves about the 1970s when Polio was a serious threat and we have managed to contain it. Experienced medical health officers must be taken to Kisii and find a way to deal with those bats. I agree with Sen. Okong’o that is a very dangerous issue. If we are not careful, we may be faced with a very serious disease outbreak in Kisii very soon. To make the matter worse, the county governments chased away experienced officers and employed quacks simply because they are from their counties. We shall face a very serious outbreak.

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. Elachi in order to say that county governments chased away well trained doctors and kept quacks in their governments?

What do you have to say, Sen. Elachi?

Mr. Temporary Speaker, Sir, let me rephrase what I said. I meant that counties released very senior officers who would have worked professionally for them and employed those from their counties. That is something that this Senate must look at to ensure that professionals are brought back. Mr. Temporary Speaker, Sir, I am requesting the Ministry of Health to look at that issue. As we look at these others, we do not want to celebrate that we have finished what Mr. Harold Kipchumba has done for us and then find ourselves in another situation, where we will start --- We do not even know whether there are students carrying out research. I wish that we could start from that level and have students carry out research to find out the consequences of having such a colony of bats in a place. As we celebrate this, let us urge many others to come in and support Mr. Harold Kipchumba. We want to see different campaigns rolled out. There is polio, tuberculosis, malaria and many other tropical diseases that affect this country. When, for example, the First Lady gives out those mobile clinics, we want to see the results. We want to hear people say that those mobile clinics have helped them. We also want to see data that shows that the number of maternal and infant deaths is on the downward trend. Mr. Temporary Speaker, Sir, I know that the real data in polio indicates that we have reduced by far the number of those who are affected by polio. That is why Mr. 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.

There being no other contributors, I call upon the Mover, Sen. (Prof.) Anyang'-Nyong'o to reply.

Mr. Temporary Speaker, Sir, I would like to commend all the Senators who have paid great tribute to our colleague, Sen. Harold Kipchumba. When I spoke earlier, I did mention that one of the great American Presidents was disabled but was a great achiever. In fact, he is one of the longest serving Presidents of the United States of America (USA). I did not mention his name; he is Franklin Delano Roosevelt, who was President from 1933 to 1945. It is then that the Americans realised that good people can be presidents forever democratically and introduced the term limits. Mr. Temporary Speaker, Sir, because we are honouring Mr. Harold Kipchumba, I would like to give some quotes from Franklin Delano Roosevelt which actually describe Mr. Harold Kipchumba very well. They describe the vision and commitment of great achievers like him. Franklin Delano Roosevelt once said:“The only thing we have to fear is fear itself.” Sen. Harold Kipchumba has not feared anything with his disability. Secondly, he also said that: “The test of our progress is not whether we add more to the abundance of those who have much. It is whether we provide enough for those who have little.” Mr. Temporary Speaker, Sir, the fight against polio and the focus on fellow persons with disability are those who have little. If, indeed, our fight for vaccination of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you. I have enjoyed your contribution and the contribution of everybody else. I was wishing to be part of those who would have contributed but now, I am the Speaker.

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