Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday 11th February, 2016:- ANNUAL REPORT ON THE STATE OF THE JUDICIARY Annual Report on the State of the Judiciary and Administration of Justice 2013/2014. END OF TERM REPORT BY THE CIC The end of term report by the Commission for the Implementation of the Constitution

Let us move on to the next Order.

Order, Sen. Mositet! You should have indicated interest much earlier. Proceed.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday 11th February, 2016:- The electronic version of the Senate Hansard Report is for information purposes

Let us get back to Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday 11th February, 2016:- QUARTERLY REPORT FOR THE CIC: JULY – SEPTEMBER 2015 Quarterly Report for the Commission for the Implementation of the Constitution for the period July – September 2015. QUARTERLY REPORT FOR THE CIC: OCTOBER - DECEMBER 2015 Quarterly Report for the Commission for the Implementation of the Constitution for the period October-December 2015.

Mr. Speaker, Sir, I want to raise matters concerning Statements which I sought last year precisely in June, 2015. KILLINGS IN KITUI COUNTY The first Statement was on the security situation along the Kitui Tana-River Border. The Chairperson of the Committee did his best and finally they said that they wanted the Cabinet Secretary for Interior and Coordination of National Government to come and address the matter. This was to be done on 3rd November, 2015. As I reported to the House, the Cabinet Secretary did not show up. However, that matter ended there The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Musila. I am afraid the committees cannot help you at this stage. You need to re-file your Statement. All Statements for last year expired. Yes, Sen. Hassan.

Mr. Speaker, Sir, I entirely agree with you that such kind of businesses lapse. However, ordinarily, when chairpersons of the various committees undertake to provide statements within a stipulated time, they should show due diligence.

Order, Sen. Abdirahman.

It is an observation, Mr. Speaker, Sir.

Order, Senator. You make an observation on a matter that is alive. This matter is dead and buried.

Yes, but I am doing this for the future.

No, not on nothing.

They will repeat this. You will allow them to do it. The other side has consistently done this.

Sen. Wangari, do you have a Statement on the issue of education? Let us move on to the next Order.

Order, Members, Order No.8 is due for a Division. We will skip Order Nos.8, 9 and 10 and move on to Order No.11 and then we will deal with those matters later. The electronic version of the Senate Hansard Report is for information purposes

Let us move on to the next Order. Senate Majority Leader, if you may proceed.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, with your kind indulgence, before I move my Motion, I request to present the Statement for next week’s business.

Proceed.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I wish to present the Business of the Senate for the coming week as follows:- The electronic version of the Senate Hansard Report is for information purposes

Proceed to Order No.11.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir for indulging me. I beg to move the following Motion. THAT, pursuant to Standing Order 16, the Senate approves the nomination of Sen. Stephen Sang to replace Sen. Kipchumba Murkomen, as a member of the Chairpersons’ Panel and to further preside over the Senate in the absence of the Speaker and the Deputy Speaker pursuant to Article 107 (1) (c) of the Constitution and Standing Order 18 of the Senate. This is a straight-forward Motion in the sense that because of the changes that happened last year with the departure of one of our colleagues, Sen. Charles Keter, we have had to make a few adjustments. Sen. Murkomen has since been appointed Deputy Majority Leader and the Jubilee Alliance Party felt that because of that responsibility, we would recommend Sen. Sang to take up the position in the chairperson’s panel. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, we are alive to the fact that there were changes on the other side. However, this particular one regarding Sen. Sang belongs to the entire House. I personally know Sen. Snag as a very competent Senator, though young in terms of his political career. Given the opportunity, he will do very well. I honestly want to congratulate him for the nomination on the other side and say we expect a lot from him. This House has worked in a bi-partisan manner on issues that are of interest to all of us. I, therefore, support him and second the Motion. `

Order Senators!

Mr. Speaker, Sir, I rise to support this Motion. Sen. Sang is distinguished, eloquent and hardworking. Most of the time he stays in this House up to the rise of the House at 6.30 p.m. Therefore, I believe, given this opportunity to preside over the proceedings of the House, I am very sure he is equal and competent to the task that he will be given.

Sen. (Dr.) Khalwale!

Mr. Speaker, Sir, I rise to support this Motion for two reasons. First, for once I have agreed with the Jubilee Coalition in realizing the obvious, that Sen. Sang is very competent in this House. Before I say my second reason, allow me to congratulate Sen. Murkomen for the dedication he demonstrated to the Standing Committee on Public Accounts and Investments, from which he has been removed. I wish him well as the Deputy Leader of Majority.

Order, Sen. (Dr.) Khalwale! You are being irrelevant. That Motion comes in Order No.13. We are talking about the Chairperson’s Panel not the County Public Accounts Committee and Investments Committee.

Mr. Speaker, Sir, I was acknowledging the departing of Sen. Murkomen from the Committee, but I am well guided. My second reason why I want to agree with the Jubilee Coalition and, in fact, congratulate them, is that ordinarily, Jubilee would have waited for by-election in Kericho to be concluded before doing the re-arrangement. This is a clear message to the people of Kericho that the Jubilee Coalition has conceded that it is Paul Sang of KANU who is going to win. I urge the people of Kericho to take a cue from this and come out in large numbers and vote for the KANU candidate, Paul Sang to come and take up the position of Sen. Keter. I support.

Mr. Speaker, Sir, let me from the onset also support this Motion, other than correcting the Senate Majority Leader for putting the horse before the cart. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I rise to support this Motion. Sen. Sang has shown distinguished leadership in this House. I am hoping that as he comes to join the panel, he will serve with dedication and zeal the way he has always done. Further, just as the way Sen. Murkomen dedicated himself, I hope he steps in his shoes. I am sure that he is capable of doing it. I thank Sen. Murkomen for the service he showed in the panel. I support.

Mr. Speaker, Sir, I want to add my voice in supporting this Motion. I knew Sen. Sang when we were hustlers, before we were in this House. I am very pleased to see that his star is rising and I have no doubt, given that the work of this House for this year---

On a point of order, Mr. Speaker, Sir. Did you hear Sen. Wangari refer to Sen. Sang as a former hustler? The meaning of a hustler in English is somebody who earns from unfair and criminal activities. Is she in order to impute improper motives against Sen. Sang? Can she withdraw and apologize for calling him a hustler?

Sen. (Dr.) Khalwale, while I need to confirm the meaning of ‘hustler’, you have not said anything about Sen. Sang to contradict that description.

What is it Sen. Kembi-Gitura?

On a point of order, Mr. Speaker, Sir. I want to disabuse Sen. (Dr.) Khalwale. The dictionary meaning of the word hustler is; “an enterprising person determined to succeed together.”

Sen. Khaniri, you are completely out of order. Why do you think that because you wish to rise on a point of order, I should grant you and you go ahead and stand? What is it Sen. Khaniri?

On a point of order, Mr. Speaker, Sir. My good friend, the Deputy Speaker should have told us which dictionary he is quoting from. I do have a dictionary that says:- “A hustler is a person who employs fraudulent and unscruplous---“

Order, Sen. Khaniri! You are challenging Sen. Kembi-Gitura to disclose which dictionary he is quoting and then you go ahead and quote from another dictionary without saying which one. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, this is Collins Dictionary. It says that a hustler is a person who employs fraudulent and unscrupulous methods to obtain money or a swindler.

On a point of order, Mr. Speaker, Sir. While I do not doubt what the distinguished Senator for Murang’a said and referred to what a hustler is, I also have another definition of a hustler from Wikipedia; the free encyclopaedia. Under the urban dictionary, it says:- “A hustler is someone who knows how to get money from others, selling drugs, rolling dice, pimping and hustling.” It goes further to say that a hustler is also a monthly pornographic magazine published in the United States.

Sen. (Eng.) Muriuki.

Mr. Speaker, Sir, whereas we have heard the dictionary from the distinguished Senators for Murang’a and Vihiga, the “hustler” which the distinguished Sen. Wangari was talking about is a political hustler. He is not looking for money and all that. He is looking for seats and that hustler is looking for opportunities where they are very thin and you have to maneuver your way to arrive there.

Mr. Speaker, Sir, we know we have to be cautious because this word has many meanings. Even the Oxford English Dictionary defines the word as“a person adept at aggressive selling.” In other words, somebody who very aggressively goes out of his way to earn a living. However, there is a connotation of involvement in illicit activities if it is used in the slang form. I am sure the honourable lady did not mean to use “hustler” in the very slang form that, that is the official meaning. It is a person trying to sell their stuff. That is basically what it is.

Mr. Speaker, Sir, our Parliament has origins and precedents from the Commonwealth. The only dictionaries which can be used in this House are those ones which have heavily borrowed from the Commonwealth. This is because our Parliament is grounded on the establishments of Commonwealth---

Order, Senator! Obviously, you will appreciate the point that Sen. Okong’o is trying to put across without putting it. This House operates on authenticated documentation. If you will rely on your personal handsets, Wikipedia or American slang or a practical explanation which was given by Sen. (Eng.) Muriuki about his understanding of a “hustler”, you are going nowhere. So, all the issues that you have The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, indeed,we appreciate your wisdom in ruling over a very sticky and touchy issue like this one, which would have pushed some high ranking individuals in this country into disrepute. However, would I be in order to request that you give us the true meaning of the word “hustler”?

Sen. (Dr.) Machage, the Chair has many roles and one of them is not giving definitions. It is the expectation of the Chair, the House and the Republic that all of you are well-read, conversant and knowledgeable and that you know where to get your information. Proceed, Sen. Wangari.

Thank you, Mr. Speaker, Sir. I take your cue and I will not go ahead to offer any definition of any misamiati or difficult words that I will use for the benefit of the ones that are asking. However, the most fundamental issue is that the work of the Senate is clearly cut out. We still have one year to go, we have our role to protect devolution and the work has to go on seamlessly. That said, I congratulate Sen. Sang on behalf of the people of Nandi County, for whom he is doing a great job, as well as this country. At the same time, I congratulate Sen. Murkomen. I have no doubt that we will continue shining in this House as Jubilee under his leadership and we will continue offering leadership to this country.

On a point of order, Mr. Speaker, Sir. The Office of the Speaker is an institution that takes care of all the sides irrespective of your party affiliation or Opposition. Is Sen. Wangari in order to indicate that Sen. Sang’ is going to represent only one side of this House?

Order, Sen. Abdirahman! You did not follow the contribution by Sen. Wangari. When she made reference to the Jubilee side shining, she was making reference to the Senate Deputy Majority Leader who is being replaced by Sen. Sang. If it was a reference to Sen. Sang, I would have agreed with you. However, you all know these positions.Where you sit as the deputy is a very partisan position. So, it was the same. Sen. Mohamud.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. On the onset I would like to support the Motion. I know Sen. Sang is a brilliant young Senator as you have already seen what he has brought on the Floor of the House. I would like to congratulate him in advance and I know that he is equal to the task. With those few remarks, I support the Motion.

Hon. Senators, let us conclude this. We have quite a number of similar procedural motions. I will, may be, give everybody a minute except the Deputy Speaker. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I would also like to join my colleagues in congratulating Sen. Sang, who has shown good leadership in this House. He has been part of the Inter-Parliamentary Union (IPU) delegation where he worked as a draftsman and gave us a lot of support in Geneva. I am sure he is up to the task and we should see the star on the other side rising as Sen. Wangari said. I support.

Thank you, Mr. Speaker, Sir. Sen. Sang and I have worked very well in the Committee on Legal Affairs and Human Rights – not hustling like Sen. Wangari said - and I would like to congratulate him. Now that Sen. Sang has been raising very interesting points of order where you have to make rulings, I am waiting to see how he will react to similar points of order particularly from this side.

Mr. Speaker, Sir, now that I am on my feet, I thought this would be a tremendous opportunity for us to set precedence. Every time somebody raises an issue, we quote previous rulings either by yourself, Speaker Kaparo or any other Speaker. However, we do not have documented rulings of what you have said previously. I remember an instance where there was a quarrel as to whether you ruled one way or the other about the Constitution. Would I be in order to suggest that you set precedent as the first Speaker who has caused for the rulings to be put in digital format and available for reading by other people?

Excellent suggestion.

Mr. Speaker, Sir, I also add my voice in support of the position given to Sen. Sang. I am sure of his capability. He is my Chairman in one of the Committees and has given equal opportunity to all Members of the Committee. I know that he will do the same in this House. I do not have any doubt in his capability; I know he will do it.

Mr. Speaker, Sir, Sen. Sang has been on that Chair several times representing the Speaker. Therefore, he has already exhibited his capability to be a Member of the Chairperson’s Panel. He has also exhibited his dedication in this House by bringing some of the Bills that have propagated and pushed the Senate to a new level. He is committed and has already demonstrated his ability. He will do well. With those remarks, I support this Motion.

Mr. Speaker, Sir, I would also like to take this opportunity to welcome Sen. Sang to the Speaker’s Panel. I am confident that he will serve competently in that panel because as my colleagues have said, he has in the past helped and presided over the Senate. The Motion is correct because it states that he joins the panel and further presides over the Senate in the absence of the Speaker and the Deputy Speaker which is exactly the role that the Speaker’s Panel plays. This Motion assumes correctly that there are moments when the Speaker and his Deputy cannot preside because of other official duties. That is why both the Constitution and the Standing Orders provide for a Panel in the Speaker’s Office so that all of us can assist in the very onerous job. The electronic version of the Senate Hansard Report is for information purposes

I hope the Senator for Kwale has taken that into account.

The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order Nos.177(3) and 179(1), the Senate approves the nomination of Sen. Onesmus Kipchumba Murkomen, by the Rules and Business Committee, to be a member of the Standing Committee on Energy to replace Sen. Charles Keter, former Senator for Kericho County. Mr. Speaker, Sir, this Motion is related to the Motion that the Senators have just passed. I thank them for passing it. The Committee on Energy is a Standing Committee of this House. We know very well, as my brother, the Senator for Kakamega was trying to remind me, that there will be a by election and Kericho County will soon get a Senator. However, as a party, we have considered that when that happens, we will make adjustments. Categorically, we are very confident that we will get the endorsement and support of the people of Kericho County as Jubilee to get the next Senator. In any case, Sen. (Dr.) Khalwale who is not here should know that KANU is part of the Jubilee Coalition. All the Members of KANU sit on the right side of the Speaker of the Senate, meaning that they are on the Government side. So, the issue of conceding defeat is neither here nor there but for sure, even within Jubilee, we are very sure that the next Senator for Kericho County will come from the Jubilee Alliance Party (JAP). Mr. Speaker, Sir, having said that, I would like to add one other thing. The Committee on Energy is a Standing Committee and, therefore, the activities of the Committee have to proceed. It is important that the party balance is maintained and the work of the Committee is not hampered by the absence of a Member. So, I plead with hon. Senators to pass this Motion. Without much ado, I beg to move. I request the Deputy Leader of Minority to second.

Mr. Speaker, Sir, I wish to support the nomination of Sen. Murkomen as a Member of the Committee on Energy. Traditionally, committees require regular attendance. Some of our Members on the other side are not known to pay attention because they have been moving around the country. I hope that business has stopped. I would like to comment on the by-elections. The KANU candidate is not favoured as opposed to what my brother on the other side is saying but I personally believe he will win. The new Senator who may be Hon. Sang, whom I very well know is likely to come here although he is not your preferred candidate. I second the nomination of Sen. Murkomen as a Member of the Committee on Energy.

The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, my leader has put it correctly that we are in the Government; that is, the Jubilee Coalition and not the Jubilee party. I give credit to this side of the House because of the competition that we allow on our side which is very healthy. We are expecting the same to happen on the other side of the House. I want to oppose this Motion for the reasons that Sen. Murkomen has just taken the position of Deputy Leader of Majority and at no time did we say that when you are the Deputy Leader of Majority you also become a Member of the Committee on Energy. This has to be delinked. It has to be fully delinked so that my leader can do the arrangement well. It should not follow. I expected somebody like Sen. Wamatangi or Sen. Haji. Why should Sen. Murkomen migrate to where the other one was sitting? I have also learnt that he has migrated from his spacious office to the other one. I oppose this one by saying that let Sen. Murkomen continue where he was. He was doing very well in the previous Committee and I am told that it is going to come later. It may be better that we do not approve it now but allow somebody else.

Mr. Speaker, Sir, let me support this Motion with one reason in mind. The nation of Kenya is very much interested to know the status of oil exploration. Now that the former Senator for Kericho is now the Cabinet Secretary for Energy, and now his nemesis, Sen. Murkomen would be sitting in the Committee for Energy, I am going to come with many questions on the status of exploration. I want to support this Motion so that I will be closely following up with Sen. Murkomen to give Kenyans the answers they need on the exploration of oil. With those few remarks, I beg to support.

Mr. Speaker, Sir, I also rise to support this Motion. I do not want to lift the veil of Jubilee and know the reason why Sen. Murkomen has taken over from Sen. Keter, but I think Sen. (Prof.) Lonyangapuo has valid reasons in what he is expressing. Be it as it is, I do not want to lift that veil because that is a matter for the Jubilee Coalition. However, Sen. Murkomen is a distinguished Senator in this House and has served as the Chairman of the Committee on Devolution and he has served us very well. He has also been the Chair of the Speaker’s Panel, a job that he did well also. I think that if he goes to the Committee on Energy, he is going to do a good job. We hope that he will bring for us concrete reasons on what the Ministry for Energy is doing in regard to the exploration of oil.

Mr. Speaker, Sir, I stand here on behalf of my able county; Tana River, which is one of the best in Kenya. The decision made by the Rules and Business Committee is a wise one and we have to respect it. In fact, we have faith in them. Sen. Murkomen is one of the Senators in the House who is able to perform. We have hope that he can do better when he works with the Cabinet Secretary for Energy. I concur with what Sen. Okong’o has said. He can do the best that can be done. So, let us forgive and forego. People are thinking that it is a party issue but I think Sen. Murkomen can do this job well and I support him.

What is it, Sen. (Dr.) Machage? The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. Sen. Bule has asked this House to “forgive and forego”. Could he enlighten us on what he is supposed to forgive?

Mr. Speaker, Sir, I am saying that the issue of parties and the issue of opposing any opinion proposed by the best committee – the RBC is the one that plans the business of the House. I support the appointment of Sen. Murkomen---

Order, Sen. Bule! You have responded to Sen. (Dr.) Machage very well.

Mr. Speaker, Sir, I also rise to support the Motion. I think there is nothing wrong with this. When you take over an office, you do so completely. You should sit on the chair properly. With all due respect to my neighbour here, I think Sen. Murkomen deserves to inherit all that pertains to that seat of the deputy majority leader. This should not only affect the membership of the Committee on Energy but everything that comes with it. I strongly support.

I now call upon the Mover to reply.

(Sen. (Prof.) Lonyangapuo): Mr. Speaker, Sir, I thank colleagues who have supported this Motion and for the debate. I beg to move.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order Nos. 177, 179 and 210, the Senate approves the following Senators nominated by the Rules and Business Committee to serve in the respective Sessional Committees as indicated below:- A.

Mr. Deputy Speaker, Sir, let me inform my brother on the other side that there is never a vacuum on this side. If I walk out, you will find my leader here. I stand to second this Motion and agree with the Senate Majority Leader that for purposes of consistency, it is important to retain membership of such Committees. On Tuesday, we passed the names of the Members of the Rules and Business Committee. It is important for people to carry forward and complete that unfinished The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Deputy Speaker, Sir. I would like to thank the Majority Leader, the Rules and Business Committee (RBC) and the Senate for approving my nomination to sit in the Energy Committee. When I came in, I was not quite sure what exactly was going on, only to be told that that was what the business of this afternoon was. I appreciate. Mr. Deputy Speaker, Sir, I want to also say that I concur with what the Majority and the Deputy Minority Leaders said about the need for continuity. It is good to remind ourselves that this is the only one full calendar year we are going to serve in this Senate because in the next session, half way through next year, we will be going to elections. This is the year for us to consolidate the gains we have achieved as Senate and it is important that the Members who have been sitting in these various committees have an opportunity to consolidate the work they have been doing. If I may use by way of an example, having served in the last three years as the Chair of Devolved Government Committee, a position which I am not seeking going forward, we had gone through so many issues, we had planned for things that we needed to accomplish, there are counties we had visited, there was a structure of the things we wanted to audit in those counties and it helps when you have committee Members who understand what was going on, to continue that business from where we left and to ensure that we try to consolidate those gains. Mr. Deputy Speaker, Sir, I want to say that I know we have gone through various challenges as a House. This year, we also need to pull our socks in as far as monitoring the affairs of our counties is concerned. Soon, the Division of Revenue Bill and the Allocation of Revenue Bill will be brought to this House. One of the critical issues is to ask ourselves; having funded our counties to the tune of every county getting at least Kshs10 billion in the last three years, what gains have our people achieved? These committees, particularly the County Public Accounts Committee and the Committee on Devolved Government have a critical role in overseeing inter- governmental relations and also ensuring that our resources are used prudently by the county governments. Mr. Deputy Speaker, Sir, this is important for us now. In fact, my advice to the County Public Accounts Committee is that they must not be bogged down by mundane issues. They must look at the critical issues related to use of our funds. There are worries. Somebody stopped me the other day and said that if my county has not done what they ought to do for the last three years, what miracle will they do in this one year? I said, perhaps, miracles will happen. The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Deputy Speaker, Sir. Whereas I do support the Motion, I am a bit worried about the precedent that is being set on appointment of Sessional Committees. Indeed, the beginning of this term has seen appointment of Committees as they were in the last Session. The necessity of actually having new committees is to inject new minds, may be somehow alleviate and improve on performance. I am personally concerned with what we have had before in the performance of the Committee on Implementation. I really do not know what they have done with regard to the Committee on Delegated Legislation. Mr. Deputy Speaker, Sir, this was to me an opportunity where new minds would have been injected to these committees not necessarily by denying the Members to be Members of Sessional Committees but shuffling up the Members of the four committees and having new minds in those committees. For lack of a proper English word, I would say the leadership of the Minority and the Majority Leaders were “lazy”. I do not know which other word I could have used. I lack a proper word but I think that is the most sensible word to use here. These are Members of this House and they have shown their abilities in other places. I wish them well. I support.

Thank you Mr. Deputy Speaker, Sir. I rise to second this Motion – I am not seconding- for a number of reasons. One has been said…

Are you seconding or supporting?

I support, Mr. Deputy Speaker, Sir for reasons that have been mentioned earlier. One is for continuity because we are almost coming towards the end of our term and I think the experience and knowledge that has been acquired by these Members is critical in steering the work of the committees. Mr. Deputy Speaker, Sir, these committees are very important ones. The County Public Accounts Committee is the key Committee that really determines the most important mandate of this House which is oversight. This is the oversight that we are The electronic version of the Senate Hansard Report is for information purposes

Thank you very much, Mr. Deputy Speaker, Sir. I have no problem with the idea of the same Members of the Committees continuing to serve, for the purpose of continuity. However, I have a concern with the County Public Accounts and Investments Committee. Looking at the list, the Committee is not constitutionally constituted, because one gender forms less than10 per cent of the membership. For that reason, I beg to oppose.

Mr. Deputy Speaker, Sir, I rise to support this Motion. This is a very crucial time in the life of devolved governments. We are approaching the last year of the first five years of the devolved government system. The County Public Accounts and Investments Committee has played a very crucial role, for the time that I have been a Member, in pursuing and looking at, particularly, the Auditor- General’s reports on how the funds that have gone to the counties have been spent. We are shocked at the way money has been spent in the counties. It seems like there is no consensus regarding what should be done in the counties. The county governments just start projects everywhere without consultations, as though the lives of those county governments end after five years. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. The whole exercise of allocating Senators to the various Committees has been an interesting lesson on the advantages of continuity and change. From the logic that has been used in allocating Senators to the various Committees, certain things stand out. Initially, Senators were nominated to committees out of their choice, experience and professional background. They felt that they would contribute best in those committees. They have been doing well over the last three years and they wish to move on. I have also learnt in this House that it is good to have impetus and have new Members coming in. However, the logistical issue has to do with the structure and probably features that the Senate as a House should think in advance which Senators belong to certain committees prior to the nomination and adoption of the Motion. The idea of moving Senators from one committee to another requires logistical planning and The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I rise to support this particular Motion. First, the Members nominated to this Committee are up to the task. I believe they will deliver on the mandates they are required to carry out in this Committee. For the purpose of continuity, it is important to retain the same Senators. Unfortunately, for the County Public Accounts and Investments Committee, as Senator Halima has raised, it is important if we could have one more lady to add to Sen. Wangari who is the only lady in the group. The County Public Accounts and Investments Committee has done a lot of work especially summoning the governors and relevant departments within the counties. Unfortunately, we do not know how far they have gone with the interrogation and investigation into misappropriations that have been done by those counties. If there is a way, it is very important for this Senate to know how far the committee has gone, what has been implemented and what is actually pending. Clearly, the Committee has done a lot. However, for the purpose of the public and the House, it is really important to know what the Committee has done and where we are in terms of ensuring that we have carried out our oversight role. The Standing Committee on Devolved Government has also done a lot of work especially at the devolved level. One of the things we discussed with Sen, Murkomen at some stage is to audit all the counties in terms of the work they have done. There are counties that have done so well especially in devolution. However, before we end our term, it is really important for this Committee to carry out an audit to establish how the counties have performed on devolved functions. The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I rise to support this Motion with very good reasons. As Sen. (Dr.) Machage said, it would have been very good if Members could change committees. However, it is very late in the day and we need a collective memory of Members of these committees.

I belong to two committees; the County Public Accounts and Investments Committee (CPAIC) and the Standing Committee on Finance, Commerce and Budget. I want to commend our two chairpersons; Sen. (Dr.) Khalwale for the County Public Accounts and Investments Committee and Sen. Billow for the Standing Committee on Finance, Commerce and Budget. The two chairpersons have done their job with distinction. We, Members, have been very happy how these committees have been conducted. We may be having elections for the chairpersons and their deputies soon and that will be handled competently by the committees. One of the reasons why CPAIC has had a backlog of work is because we have cases in court where the governors were challenging us that they cannot appear before Senate Committees to be accountable to the people of Kenya. Fortunately, this case was judged in our favour and then the governors started coming. This means that a lot of audited accounts of counties, which should have been discussed by the committees, were piling up. We have had to meet extra hours, even today, we had to meet at 8 a.m. and 10 The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): Do I say “Amen?”

Thank you, Mr. Temporary Speaker, Sir. From the outset, I would like to support this Motion knowing that all the Members of this Senate are competent and capable to serve in any Committee of this Senate and also taking into account the need for continuity. We should also take into account the need for allowing others also to participate in these Committees. So, we should have balanced the two – continuity and also change so that others can also participate in these important Committees. For example, the first Committee on County Public Accounts and Investments is important because our main responsibility is to oversight counties and as we stand now, we know very well that Senators have not been facilitated to do that role. You know what we tried in the last Session which is yet to be implemented. However, this is one of the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): Order. May I caution legislators that the rule of relevance is also important. As you flower your contributions, try to be closer to the subject on the Floor of the House.

Mr. Temporary Speaker, Sir. I am guided. We have a lot going on without our attention. This is one of the Committees that need to handle the issue on the transfer of those functions. We have a lot to do as the Senate and these Committees are very instrumental in doing that. Let us engage the Committees as much as possible so that we fulfill our role of oversight at the county level.

Mr. Temporary Speaker, Sir. I rise to add my voice on the issue of the Sessional Committees before the House. I would like to comment on the County Public Accounts and Investments Committee (CPAIC). This is a very important Committee as it deals with oversight and the performance of counties. It is, therefore, very important that the Committee works closely with the county assemblies who conduct oversight in the counties. The Committee also needs to guide the county assemblies on how to legislate so that some of the legislation is not punitive. For instance, in my county, rates that used to be Kshs10,000 have almost tripled now yet no explanation has been given as to why the rates have gone up. I have no issue with the list of the names given because I know that most of the Senators are experienced and are very vocal on issues. I think it is good because they speak for the Senate. We are here to carry out the oversight role through the committees. For instance, CPAIC in the past has had issues with governors who did not want to appear before them for their own reasons. I think the relationship is improving now although I read in the newspaper that the Governor for Kakamega County is to appear before the court because he failed to appear before the Senate. I must admit that being in the Committee on Finance, Commerce and Budget, I am privy to the information that many other governors refused to appear before us. Mr. Temporary Speaker, Sir, we should encourage the governors to work closely with the Senate because for them to achieve their goals, they need the Senate. We are the people who allocate funds and when we do that, we must follow up to find out whether they are being used for the purpose they we budgeted for. There is an outcry in most of the counties that money is not being used properly; it is being misappropriated and that The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I would like to add my voice in supporting this Motion. In our wisdom as the Senate, we set up Sessional Committees to ensure that it gave us an opportunity to review what we do as the Senate. These are important Committees because Committees like CPAIC, the Committee on Devolved The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to this Motion. The Senate is the mother of the county and should deal with all issues related to the counties. That oversight role is done adequately through these committees. I am aware that the committees have done a very good job. They have done a good job at the national level, traversed the counties, chatted with county governments, “ Wanjiku” in the village and they are able to know how to intervene, to cater and support for the resources and the job that they were given through the Constitution. Mr. Temporary Speaker, Sir, the constitution of these Committees - the County Public Accounts and Investments Committee - we have seen that it is a watchdog. We have seen the list of people who are working tirelessly, they burn the mid-night oil, their in-tray is always full but they have never gotten tired. They have always said they are ready, willing and able to work. However, Mr. Temporary Speaker, Sir, in this list, I would have been happy if there were more ladies, but be that as it may, when you look at the Committee on Devolved Government, this Committee again has a lot of work to do. This Senate is really the pioneer after having not had a Senate or an upper chamber for a long time. We are keeping a close system not only at the Senate but to ensure that within the devolved government, there are air-tight systems which will ensure that from generation to generation, as long as Kenyans are still satisfied with devolution which I am and I believe that they are, then they will continue looking through the challenges and the difficulties so that we take Kenya back to the map of the most peaceful country and the most developed, education-wise, and even in the health sector. We remember those days Tanzanians and Ugandans used to come to Kenya for medical treatment. This issue of Kenyans travelling to India for treatment is because we still have a lot of work to do together with our devolved governments. Mr. Temporary Speaker, Sir, once we put in place all these systems, then life will be good. We are aware that not all the functions have been transferred. Even if they have, the resources have not been allocated to complete them. This is why even the Transition Authority is still asking for more time to enable them to put their things in order and to tidy up everything so that they will leave the new government after the 2017 elections. Then, the county governments and the national Government will be well placed knowing The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I support this Motion on the approval of the Members to the Sessional Committees. These Committees play an important role in as far as the functions of the Senate are concerned and in particular the performance in our counties. As we stand today, we know that although many functions were supposed to be devolved, there is still a lot of work to be done by the Transitional Authority, the National Government and the county governments. The issues of assets and liabilities are yet to be looked into yet they have taken a long time. It is time that the Committees look into the issues to ensure that they are sorted out. The Constitution The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): I have not stopped you. Kindly go on.

Thank you Mr. Temporary Speaker, Sir. On the issue of implementation, this House has passed many Motions. However, we have not seen any implementation. I recall there is one on fertilizers and animal foodstuffs which was assented to and there was a body which ought to have been created to ensure that the fertilizer that ends up to our farmers and the animal foodstuffs are of good quality. It is almost a year now and no such body has been created. We have passed very many Motions here; we have talked about the need to have a university in every county and so many other things, but implementation has not been done. It is high time that as we create committees, they should also give us annual reports stating the progress being made to ensure that they are implemented. I think the Executive needs to be pushed in this direction. There is no need of passing laws and Motions here which do not see the light of day. Mr. Temporary Speaker, Sir, with those few remarks, I support the appointment of Members to these committees.

(Sen. (Dr.) Machage): Very well. Could the Mover now reply?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to reply.

(Sen. (Dr.) Machage): Very well. Since this is not a county Motion, we will all vote. I will, therefore, put the question.

For important reasons, I will defer Order Nos. 14, 15, 16, 17 and 18. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): Hon. Senators, there being no other business for today, the House stands adjourned until Tuesday, 16th February, 2016 at 2.30 p.m. The Senate rose at 5.25 p.m. The electronic version of the Senate Hansard Report is for information purposes