Hon. Senators, I have a Communication to make on the processing of the Budget Policy Statement 2016. As you are aware, Section 25 of the Public Finance Management Act requires the National Treasury to prepare and submit the Budget Policy Statement to Parliament by 15th of February each year. Consequently, by a letter Ref.COF83/02 dated 12th February, 2016, and received in the office of the Clerk on 15th February, 2016, the Principal Secretary for the National Treasury submitted the following documents for consideration and approval by Parliament:- (a) The Budget Policy Statement 2016 (b) The Medium Term Debt Management Strategy 2016 (c) The Draft Division of Revenue Bill 2016 (d) The Draft County Allocation of Revenue Bill 2016 Hon. Senators, at Order No.5 in today’s Order Paper, I will allow the Chairperson of the Standing Committee on Finance, Commerce and Budget to formally table these documents. The Budget Policy Statement is an important tool as it sets out the broad strategic priorities and policy goals that will guide the national Government and county governments in preparing their budgets both for the following financial year and over the mid-term. It contains among other things:- (1) An assessment of the current state of the economy and the financial outlook over the medium term, including the micro economic focus. (2) The financial outlook with respect to Government revenues, expenditures and borrowing for the next financial year and over the medium term. The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. Allow me to thank you for that Communication. The Budget Policy Statement, amongst other things, will have information on the issue of borrowing by the national Government. Through that

, put it on record that it will be more useful both to the National Assembly and this Senate if the Auditor-General can expedite the audit on the Eurobond. This is so that as we discuss the borrowing in the Budget Policy Statement, we see exactly what this “animal” called Eurobond is all about and what recommendation that information will inform us.

Sen. (Dr.) Khalwale, I am afraid I cannot be of much help to you because the Budget Policy Statement is not the audit statement. The Budget Policy Statement and the attendant documents which are outlined are given according to Section 25(7) and (8). I am sure from where you sit you will be accorded plenty of opportunities to deal with the matters you may be interested in.

Mr. Speaker, Sir, I also want to join my colleague, Sen. (Dr.) Khalwale, in thanking you for that communication. The Budget Policy Statement is an The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, it is a great breakthrough for the Committee on Finance Commerce and Budget to bring the Budget Policy Statement in advance in comparison with last year when the timelines were a bit delayed. This did not give us a good chance to discuss the Budget Policy Statement in terms of giving a concrete way forward. This time we have that chance. The fact that the Budget Policy Statement has been referred to the standing committees, I request that we expedite this process. We should look through this document as early as possible so that we can see what to improve in terms of budget lines. That becomes critical for us. It also gives us a chance to look at the document within a timeframe that is adequate and that will allow more input.

Mr. Speaker, Sir, I also join my colleagues in congratulating you. We are almost late, but we have done it at last.

Mr. Speaker, Sir, thank you for the Communication. All the recommendations we made last year never found their way into the final document. We ask you to use your good office to ensure that our recommendations are not ignored. Whereas we complain about domestic and foreign borrowing, the fact of the matter is that once the document left the Senate and went to the National Assembly, the National Assembly increased the limit both in domestic and foreign borrowing and many other issues that affect counties. From the Committee on Finance, Commerce and Budget, we are concerned as to whether people are listening to us.

Mr. Speaker, Sir, I also applaud the Communication. However, I would like to take this opportunity to remind my colleagues that while considering what will happen to 40 per cent of the budget, we should remember that there is another 60 per cent of the Budget that is out there. Therefore, it is very important for us to start looking at conditional grants. This is an area we have not given serious thought to. We have not really made any proposals on conditional grants from this House, except for Level 5 Hospitals. I urge my colleagues, as you make your recommendations, to please consider raising the issues pertaining to conditional grants for the various areas that you are handling.

The last two; Sen. Nabwala and then Sen. Murungi.

Mr. Speaker, Sir, I would also like to congratulate you for the Communication about the Budget Policy Statement. It is very important for us to scrutinize this document in various stages because it affects us. We know our mandate as stipulated in Article 96 of the Constitution is to oversight and protect interests of counties. Therefore, it is critical for us to know how much of the money will be channeled to counties. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I commend you for bringing the Budget Policy paper for scrutiny by our committees at this particular time. As Sen. Mutula Kilonzo Jnr. said, this Budget Policy paper was brought to the Standing Committee on Agriculture, Livestock and Fisheries. We studied it and made very detailed comments. We were also assisted by the Parliamentary Budget Office in the analysis. One of the key things we noted is that the Government’s proposals fell short of the Maputo Declaration which has said that 10 per cent of the total national budget should be allocated to agriculture. When the final budget was approved by the National Assembly, only seven per cent of the total budget was allocated to agriculture. Therefore, our concern is whether this is another mere public relations exercise to say that even the Senate looked at it and nothing happened. Is there a mechanism for us to ensure that the very useful ideas that come from this senior House find their way to the budget and not merely fulfill the regulatory requirements?

Mr. Speaker, Sir, I also laud you for the communication. I take this opportunity to urge committees, particularly the leadership of committees; that is the chairpersons and their deputies, and all members, that we have seen a serious attempt to claw back the gains of devolution by undermining functions that are devolved or trying to shift them to the national Government. Your Communication is very clear; the policy statement will be debated and approved with or without amendments. I urge colleagues to look at this very carefully, especially the committee in charge of roads. You can see what is happening to the roads sector. There is a mischievous upgrade of all Class D roads to Class C in the country without any justification. This is simply because they want to shift them from the counties to the national Government for them to continue manipulating tenders and perpetuating corruption. Mr. Speaker, Sir, on the roads sector, even if you shift maliciously all Class D roads to Class C, the impact will be negligible because they are less than 50,000 kilometres. Even if we shifted Classes A, B and C of our roads to the national Government, the impact will not be felt much because they are less than 10,000 kilometres. Therefore, we expect the bulk of the roads money to go to Turkana, Marsabit, Moyale, Bomet, Nyangores ward and all these places, so that the county governments can manage roads for the benefit of the people of Kenya. I was part of the team that resolved that each African Government was obligated to assign a minimum of 10 per cent of the national budget to agriculture for food production, food preservation, food marketing and so on. We want to see this done. The Standing Committee on Agriculture, Livestock and Fisheries led by the distinguished Sen. Murungi, must bring very cogent arguments to this House for us to achieve that AU resolution. The electronic version of the Senate Hansard Report is for information purposes

I hope the Senate Minority Leader is also aware that there is another commitment to the health sector.

Yes, Mr. Speaker, Sir.

Therefore, interrogate all of them. Next Order!

Mr. Speaker, Sir, I have listened to you very carefully. I congratulate you for your candor in your Communication. However, I want to know from the Chair, whether in the matter of Article 110(3) which obligates the Speakers of both Houses, and the wording is; “Before either House considers a Bill, the Speakers of the National Assembly and the Senate shall jointly resolve any question as to whether it is a Bill concerning counties and, if it is, whether it is a special or an ordinary Bill.” Can that apply retroactively? Does a Speaker of one House have the discretion to be wiser after the event that he proceeds as if Article 110(3) is not there and then after passing the Bill, he realizes the Article is there and forwards the Bill to the other House’s Speaker, belatedly saying that, in fact, Article 110(3) should have been applied. If we continue rubberstamping this kind of mischief, we are also undermining our own authority and that of the Office of the Speaker of the Senate; that the Speaker of the National Assembly can do what he wants, and along the way realizes mistakes and says that the Senate should take the Bill because he has realized that it concerns the counties. We need clarity to this and we need things to be done differently. In my humble view, I do not think this Article does apply retroactively. It says before any Bill is tabled in any House, it must have a concurrence of both Speakers of Parliament. It is not after a Bill is debated, passed and then it is forwarded to another House. I need clarification on this because we have to set precedence that will guide future relationships between the two Houses of Parliament.

Mr. Speaker, Sir, I rise to support Sen. Wetangula’s assertions. We cannot work in an ad hoc manner because this is a House of rules. We cannot have a situation where one Speaker wakes up one morning and decides that he made a mistake and, therefore, he needs to correct it. We must abide by the rules and by what is on record. The Constitution is very clear. Before any Bill is considered the two Speakers must meet and agree on whether the Bill affects counties or not. We cannot have a situation where to date, the National Assembly has “sat” on our Bills, 18 of them, and have never approved them. This is a non-satisfactory situation which cannot be acceptable. We are here not by choice or chance. We are elected Members of Parliament who have come here to represent the people’s rights under Article 96. We cannot have a situation where another House feels more important than this House. We know clearly that this is the “Upper” House. This matter must be brought to rest before we finish our session. We cannot have a situation that for three years, most of the Bills that we have passed have never been passed into a law, except a few which were money Bills. Therefore, this Bill needs to be completely ignored.

Mr. Speaker, Sir, I join my colleagues in saying that this Constitution is very clear. Everybody has a copy. In fact, we found them in our pigeon holes. I suppose the same applies to the pigeon hole for the Speaker of the National Assembly. It defeats logic that we have been given the story that you have just The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I thank you for giving me this opportunity to contribute to a “life” matter. I see signs of arrogance coming from the National Assembly directed at this House. We have said these things time and again. This year, we do not need to take anything for granted. We do not need to discuss any Bill that comes from the National Assembly which you have not seen. As you may recall, we have several Bills which were passed in this House and forwarded to the National Assembly and have never been even discussed there yet they bring Bills which should be declared null and void through the backdoor. Those Bills are brought to this House unprocedurally. For example, the Persons with Disabilities (Amendment) Bill which was passed early last year, was taken to the National Assembly yet there is no word to date; then, we come and start discussing Bills which make the National Assembly steal the show and undermine the Senate. I, therefore, request that, this House declares this Bill null and void.

Mr. Speaker, Sir, I join my colleagues to condemn this kind of contempt meted out to this House. Hon. Senators are not in this institution fighting to become saints or priests; we are politicians. I listened to you carefully, and heard you say “be it as it may.” Those are legal terminologies. That we have messed here, but can go and deal with other issues. Let us look for the legal systems to deal with this situation and history will judge us correctly. Mr. Speaker, Sir, I oppose this Bill. If we have a cold-room, we can put it there until we deal with some of these issues.

On a point of order, Mr. Speaker, Sir. We seek your guidance on this matter.

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

Mr. Speaker, Sir, one of the provisions that is so clear and we do not have any problem with, is the interpretation of Article 110(3) of the Constitution. It states clearly that the moment a Bill is presented; the two Speakers must sit together and decide. There are logistics about how that can be done. One that can be applied very easily is to have a document emanating, for example, from the Senate, you sign it, that this is a Bill concerning counties, take it to our counterparts at the National Assembly expecting him to sign it. If he does not, we proceed with it up to its conclusion and push it for enactment. Mr. Speaker, Sir, we have more than five Bills that have been assented to. We have about 18 Bills that are in the National Assembly and much more that are being processed. We need to find a way to solve this problem once and for all. One of the things that the National Assembly tends to do more often is just to delegate and say that this is a money Bill. For example, how can The Natural Resources (Benefit Sharing) Bill, be a money Bill when we are talking about resources at the county? That is why that provision in the article has been put there; so that all these issues can be ironed out right from the beginning so that a way forward is found. When such a Bill, the Physical Planning Bill, comes as a secondary report to the Senate, first of all, we have not gone by the provision of Article 110(3), and secondly, we are setting a very bad precedence. This is an issue that is long overdue for action. We need action that is very straightforward and clear so that we do not have this sort of a situation coming up. Indeed, we are finding ourselves in a quagmire; here is a Bill coming from the National Assembly and they expect us to debate it and yet we are not in a position to do so. That is why the provision was very clear. This determination has to be made at the beginning of the process and not somewhere in the middle or at the end. We need to find a way forward and let Kenya understand that the Bills that we are formulating at the Senate are actually beneficial to them. We sit here and put in a lot of hours to ensure that this happens. We need those Bills to be prosecuted to the end. We do The electronic version of the Senate Hansard Report is for information purposes

I will take the last three interventions and I ask them to be brief. We will start with Sen. Mutula Kilonzo Jnr., Sen. Ongoro and Sen. Hassan.

Mr. Speaker, Sir, somebody said that common sense is supposed to be common, but it is not. It is very unusual that somebody would say the Physical Planning Bill of this country does not involve counties. Like Saul in the Bible changed his mind at some point on his way to Damascus; there are two things I want to say. I have been on record in this House, saying that there is a ruling in your favour by the Supreme Court which suggested that you should appoint a committee of three persons from the Senate and then ask your colleague to do the same in terms of Article 110(3). This is the opportunity. Mr. Speaker, Sir, you have an opportunity to cause a crisis which can be resolved as we go along. The 18 Bills including the one for Sen. (Dr.) Zani, we had no problem with you driving to State House so that they can be signed into law. I am saying so because if the Constituencies Development Fund (CDF) Bill, which concerns counties - and the court was very clear that it must come to the Senate - it has been signed into law by His Excellency the President; what are we waiting for? We pretend to be playing in the big league yet allow ourselves to be playing in Division One. We are appearing to be underdogs. We are suggesting that you do something drastic. The reality on the ground is this. Since you became the Speaker of this Senate, only two Bills have been signed into law. We are spending so much time and public resources, discussing, sitting in public meetings and listening to views; but what is the end product? By mid-June, no one will be sitting here unless you do something that is drastic like what I have suggested. Let us deal with this in court or another place, but expecting that we are going to get some good manners from that House, is asking God for too much.

Mr. Speaker, Sir, mine is more of a question: In view of the foregoing and now that the National Assembly Speaker has accepted that either he made a mistake, an oversight or a misinterpretation of the Constitution and the Standing Orders, what is he presenting on the table as remedial measures? What happens to all those Bills that were forwarded to the President for consent without being referred to the Senate? What is he doing about all the Bills that he is holding even as he accepts this from the Senate and they are not discussing? This is a case of double speak. Actions speak louder than words. We should see him taking action by presenting in the Order Paper of the National Assembly all the Bills that are pending. We should see him The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I was listening to this debate as I drove here. First, the whole standoff which has been precipitated largely by the Speaker of the National Assembly has appeared to erode the credibility of Parliament as an Institution. Every time I go anywhere, people ask how come we cannot agree. It is not true that the Senate has refused to agree, but it is true that one Chamber and its leadership have decided to undermine the other Chamber. The Speaker must be told in no uncertain terms that he has procrastinated the promise of devolution in this country. Secondly, that he has undermined the Constitution of this Republic. He has also delayed the promise we had made to our Kenyan people to deliver on some elements of this Constitution through the legislative process. Mr. Speaker, Sir, I want to jog your memories; when we were in the first Chamber which is sometimes referred to derogatively as “the garage” it was at that point that we made the mistake when we decided that we are a House of reason and beyond this or that. We did not want to engage these young boys in this or that. We wanted to maintain a certain level of decorum. That is when we lost our space. Now three years on, despite using all forms of decorum, it has never appeared to them that, that is not an act of cowardice, but an act befitting the Senate of the Republic. At that point, I remember you holding me back; to my disapproval, but I respected you and I still respect you even now. You told me not to move in that trajectory. We wanted to convene press conferences there with “Sonko” so that he can do a few things and so that we can speak about these issues to the National Assembly in a language they best understand. I remember your intervention and that of some of the leaders here who told us that you will prevail on that matter through the approach that restores the dignity of the House, but they have undermined it repeatedly. Mr. Speaker, Sir, we have two responsibilities; first, to secure this Senate now and for the other Senators that will come after us. We cannot accept to hand over a Senate that is not what is expected in the Constitution. It is important that this year, they either listen to us or we do battle to the very end. That battle could mean drastic action to an extent that we will not accept any legislation from them to us. You told me that after you sought concurrence on certain Bills, The Speaker of the National Assembly did not respond and when we are processing a Bill in this Senate, he writes to you saying that the Bill is a Money Bill, after he went in excess of the seven day period for its concurrence. What else are we left with? Let us not go into history as a pioneer Senate that was based on cowardice. So, let us do battle in and out of this institution and politically. Therefore, whatever we can do drastically, we go and annul all these legislation. We must answer fire with fire. Ultimately, that is the only way we shall have respect. There is a maxim I like so much that says “power only respects power”. Until we show Speaker Muturi that we have power--- Those people think we are nothing. They think they have the power, money, resources and everything. Unless we show them that this mighty Senate is where some of these people have been patrons for some of the The electronic version of the Senate Hansard Report is for information purposes

That was supposed to be the last speaker, but I see Sen. (Dr.) Machage has requested to contribute. Therefore, I will allow him a minute to contribute.

Mr. Speaker, Sir, we make a lot of cries, speak a lot of English and Kiswahili languages in this House, but if the Constitution and the Standing Orders do not prescribe any mode of action, it is all zero. It is an exercise in futility. The best way forward for us is to look at pitfalls, loopholes, omissions and commissions in the Constitution. We should also review our Standing Orders so that we have a specific way of action. The Speaker of the National Assembly has done whatever he did, but so what? Our cries will not do anything to change the situation. Let us have a sober approach to these issues. This is the moment to unify the Senate at the grassroots level and build a strong advocacy for a constitutional review because it is important. It does not matter whether you are talking of Okoa Kenya or Punda Amechoka initiatives and so on. We can come up with our own name and unify the process so that some of these issues can be addressed in a structured manner.

Hon. Senators, I have heard you. I agree with most of the things that you have said and I have also agonized in the same way. However, there is nothing much that is lost by First Reading of the Bill. The Bill does not have to proceed to the next stage. Let me reflect on this matter because it keeps on recurring so that we look at all the Bills that have come before us and agree on how to proceed. But I subscribe to the notion that it cannot be business as usual. The provisions of the Constitution are very clear as to what stage that concurrence can be sought. I have been faithful in letting you know exactly the record is. That record is not only useful to this House, but can be useful elsewhere. Therefore, let me leave it at that stage for now because the Bill will not come for Second Reading stage before my ruling. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I wish to join you to congratulate and wish the visitors from my county well in their visit to the Senate. Today was an important day for my county because the Governor for Bomet County was in the Senate playing his role as required by the Senate regulations to answer to a Petition. I thank the delegation from Bomet County because they are people we work together with in the entire county, including Nyangores, which is part and parcel of Bomet County. I assure the House that all the wards in Bomet County, including Nyangores ward, are doing very well.

Mr. Speaker, Sir, I beg to lay the following paper on the Table:- The report on the Petition for legislative interventions to address the plight and welfare of former councilors.

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

Mr. Speaker, Sir, I beg to lay the following papers on the Table:- 1. The Budget Policy Statement of 2016; 2. The Medium Term Debt Management Strategy of 2016; 3. The Draft Division of Revenue Bill 2016; and 4. The Draft County Allocation Revenue Bill of 2016

What is it, Sen. Moi?

Mr. Speaker, Sir, I take this opportunity to welcome the delegation from Bomet and Kericho counties, especially the great people of Nyangores ward in Bomet County. “Koyai kasit ne mie” The people of Kericho County should also fuatahiyo nyayo .

Sen. Moi, are you in this House? That order was passed. We are now on Papers. Next order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Mediation Committee on County Governments Amendment Bill (Senate Bill No.1 of 2014) laid on the Table of this House on Wednesday, 18th November, 2015. I thank you.

Next order.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No. 45 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Education regarding the alleged lack of cash flow at the Higher Education Loans Board (HELB) which resulted in protests by some students across the country. In the Statement, the Chairperson should:- The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. Pursuant to the provisions of Standing Order No. 45 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on Legal Affairs and Human Rights concerning the shooting of

riders by police at Kilingili during a peaceful demonstration on the 11th February, 2016. One person died and two others were fatally injured. In the Statement, the Chairperson should:- (a) Explain the circumstances that led to the shooting of Victor Enonda, the now deceased and two others by the police. (b) Explain the action taken by the Independent Police Oversight Authority (IPOA) to ensure that the officers involved are held accountable for their action. (c) Explain the measures undertaken by the Government to ensure that the affected families are compensated. Thank you.

Order Members. I direct that Sen. Wangari’s Statement goes to the Chairperson of the Education Committee and the response to be within 14 days. The Statement sought by Sen. Khaniri goes to the Chairperson of the National Security and Foreign Relations Committee and the response to be within 14 days. Next Order!

Hon. Senators, I wish to announce the results as follows:-

Order! You may now draw the Bar and open the door. Hon. Members, we will now proceed to Order No.9 but you should remember that Order Nos.10, 11 and 12 are deferred. So, after Order No.9, we will go to Order No.13.

On a point of order, Mr. Speaker, Sir. May I comment on Order No. 9 although you are deferring it?

We are not deferring Order No. 9. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I am happy that you have allowed me to make a point on Order No.9. The Water Bill (National Assembly Bill No.7 of 2014), has been on this Floor several times. Last time we did not proceed because we raised some fundamental issues as to the content and character of the Bill. Yesterday I received a phone call from the Chairman of the Council of Governors (CoG) who informed me that the Council feels that their views on this Bill - knowing that the management of water resources has been devolved - have not been taken on board. They had sent a Memorandum and having looked at our raft of amendments brought by the Committee, it is clear that they do not adequately address their issues. This is the point I have belaboured before. This morning, in furtherance of that call, I received a letter addressed to the Hon. Speaker of the Senate, the Senate Majority Leader and myself, echoing the same issue. My request is that - I can see the Chairman of the Committee is here - the management of water resources is a critical function. Many countries are in conflict because of water. I can see the counties getting in conflicting situations because of water. Already there are arguments between the Nairobi and Murang’a counties over water. There are counties that rely on water from highland counties. In my humble view, and having gone through the Bill as currently constituted, drafted and brought to this House, it amounts to a claw-back on constitutional gains on the management of water resources. Mr. Speaker, Sir, this House is the custodian, protector and defender of counties and their governments which include the natural and non-natural resources. I urge the Chair, with greatest respect to the Chairman of the Committee, that we are neither here to prosecute a cause nor are we defending a position, but we are dealing with matters that affect counties. I pray that we stay this matter and go a little further as we did before and request the Chair to constitute a workshop between the Senate and the governors or their representatives so that the Members will fully appreciate and understand the importance of water resources within the context of devolution and how these resources are to be managed. Apart from hearing from the Chairman of the Council of Governors, several other governors have reached out to me in the same vein. I am aware that the Chair of the Committee called me before requesting that we meet and hear my view on the proposed amendments and the structure of the Bill as a whole. I have not created time to see him because I was jostled by the events of 16th December, 2015 that happened in this House and I felt that our side had not been given a fair hearing. However, that is behind us and we must look forward. We shall not drive with our eyes in the rear view mirror. We shall look forward to develop this country and to support counties. I encourage that we step down this matter and get a chance to consult with the CoG.. Mr. Speaker, Sir, philosophers like Prof. Ali Mazrui predicted that while in the last century, conflicts among nations and peoples of the world was about oil, in this The electronic version of the Senate Hansard Report is for information purposes

Order, Senate Minority Leader. I do not want to use the other word, but let me put it to you that you take advantage of my lunches. Kindly conclude, but I have heard you.

Mr. Speaker, Sir, when there is generosity in abundance, you benefit from it in abundance as well. That is my humble request to the Chair and the House. It is neither for me nor either side of the House, but for all of us and for devolution in this country.

Mr. Speaker, Sir, I would like to join Sen. Wetangula in requesting, most humbly, that you step down this Bill. The institution asking us to hear them is an organ recognised by the Constitution; the Council of Governors (CoG). The CoG is also directly recognised by the same Constitution as shareholders. Ask Sen. Muthama if you want to know the pain of being locked out of a national conversation by being denied an opportunity to be consulted. On 18th December, 2014, Sen. Muthama was denied an opportunity to be heard by the National Assembly because he wanted a Bill to come here. He went there and was, God forbid, stripped naked. I do not know whether his sons-in-law or daughters-in-law had an opportunity to see him. Let us not allow ourselves to be given an opportunity to strip governors in this House, so as to persuade us to listen to them. They are not asking for too much and the House is not going to die if we wait. More importantly, we did not come here to legislate for Parliament or for ourselves but for the 45 million Kenyans. Mr. Speaker, Sir, I beg you. Thank you.

Mr. Speaker, Sir, we did something very unusual last year. Last year, there was a Gazette Notice on 17 water bodies. In the Committee on Finance, Commerce and Budget, we had requested the national Government to provide a transition, so that the national Government entities that provide water, which is a devolved function, could become county government authorities. Mr. Speaker, Sir, I have looked through the amendments and I want to agree with my Leader about this, that I have not seen a schedule of how that can happen in this Bill. I agree and propose, in addition to what the CoG is saying - this is one of the Bills that would make a mark for the Senate. Therefore, we would be doing an injustice to ourselves if we allow the 17 national entities that should be county entities not to be subjected to this Bill insofar as county governments are concerned. I am affected, as the Senator for Makueni County; please allow us to sit somewhere where we can put these people together. Thank you.

Let me hear from Sen. Obure before the Chairman.

Mr. Speaker, Sir, thank you very much for this opportunity. I happen to be a Member of the Committee on Land and Natural Resources which dealt with this Bill. From the outset, I want to say that I have no objections, whatsoever, in having this The electronic version of the Senate Hansard Report is for information purposes

Chairperson.

I am sorry about the state of my voice because I am a bit unwell. Mr. Speaker, Sir, first of all, I like what the Senate Minority Leader said about the quality of debate and laws that we make in this House and I support the quality. Mr. Speaker, Sir, this law has been around for two years now. The Bill came here for First Reading and all the Members of this House had an occasion to contribute and give their views about the importance of water in this country. This Bill went for Second Reading and I know that whoever was not there during the First Reading came back and contributed. That is the contribution of the hon. Senators of this House. Mr. Speaker, Sir, we did carried out public participation. We put out notices in all newspapers and got many comments; including the international community, embassies and people from the villages. I can assure this House that the contributions which came were not few. We went through each and every one of them. My Committee did not see and wish away a contribution because it came from whatever source. We actually went through each one of them. The result we got was included in the wishes of Kenyans. Mr. Speaker, Sir, we got information that other quarters and stakeholders, particularly the governors, were still unhappy. In fact, I want to be very open and state that I got comments from two other Members of this House who relooked at the Bill and felt that some clauses needed to be changed. I took time to talk to the Ministry. I wanted to know if they felt that we needed to interrogate this Bill further. Because of that, we had another high level consultative seminar in Naivasha for three days. We went through this Bill word for word; from page one up to 118. I still have my copy of everything that was discussed in that seminar. The electronic version of the Senate Hansard Report is for information purposes

Sen. Kivuti, you are pointing at an empty seat which cannot help you.

Mr. Speaker, Sir, I remember where she sits. We did not stop the ball there. I felt that we still needed the Council of Governors (CoG). I reached out to them and the Chairman of the water sector in the Council of Governors (CoG) made appointments to come and meet the Committee. We called all the Members of the Committee and Governor Cheboi came with two lawyers. We also invited our legal department because I had seen their document was big. We listened to them and we again scrutinized it, point by point. It took five hours until we finished all the points on the memorandum. We did not just take a decision out of that day. We tasked our legal department to look into all the comments which were made by the lawyers of the Council of Governors (CoG) and the Chairman himself. We had another sitting whereby we were guided through by our legal department with the Bill and the comments from the Council of Governors (CoG). All these comments were included in our Committee submission to this House. Whereas I do not want to say we can hold another seminar a third time, I do not know how many more seminars we need to hold and what will make--- Shall we have another document other than the one submitted by the Council of Governors (CoG) and shall we have another set of lawyers from the Council of Governors (CoG) and another legal department from this House to relook into their comments? My humble request would be, if there is any amendment pending that needs to be introduced, it can still be introduced at the Committee Stage. Since we have already taken care of the comments from the Council of Governors (CoG), ministries and all the stakeholders, it is my humble submission that we do not keep this House looking at a Bill for more than a year when we have collected all these comments. It is my humble submission that we proceed.

Order, Members! I hope that you appreciate that there is no debate by the way. While some of you appreciate that when you had the opportunity to benefit from my generosity, you also do it in the most generous manner. I cannot allow that one for the second time.

On a point of order, Mr. Speaker, Sir. After listening to the Senate Minority Leader and his reasons for wanting the Bill deferred, and also having listened to the Chairperson of the Committee, I am convinced that they both have material and reasons for their decisions. However, I would want to be guided by this The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Wetangula! Hear me and hear me loudly. I rose to leave the Chamber. You wanted a clarification whether I had deferred Order 9. I said: “No”. So, it was on course and you assumed your seat. When I was to leave again, you came back and said that you did not want me to leave. I have heard you. I think I have exercised enough generosity which I think has limits. If you heard the Chairperson talking, I mean, you can only show sympathy. This House has been arguing that people must process business and here is one Committee that seems to have done its homework. I remember I deferred this Bill last time, again, because you, Senate Minority Leader; as you were looking for information. For how long can we have the business pending on the Order Paper? I am, therefore, going to give one more chance, one, is to appreciate that for once, the tone and pleading of the Senate Minority Leader was good.

Except for the matter of referring to some date of 16th December, 2015. As a leader for this House, we believe in maximum participation. The other consideration is because our important stakeholder called the Council of Governors (CoG) –although I must admit that the letter seems to have reached the Senate Minority Leader before it reached the Speaker – ---

Order, Sen. Wetangula! I have the Floor. I really want to do this as an exception. I want the Council of Governors (CoG) to know that this House takes them seriously and I said as much on Friday when I was launching the countdown to the devolution conference. However, it also begs a natural question; do they listen to you?

Two wrongs do not make a right.

Answer my questions before you reach conclusions. Do they listen to you? So, I submit that we continue listening for all the reasons that we have said before, but there are limits. Chairman of the Committee, Sen. Kivuti, I know how you feel. You have been supported by another Member, Sen. Obure, and we must make a decision between processing the argument. You can also organise yourselves to vote and shoot down the amendments that you do not like. That is a possibility. The electronic version of the Senate Hansard Report is for information purposes

Next Order.

Hon. Senators, we are now in the Committee of the Whole to consider The Public Appointments (County Assembly Approval) Bill (Senate Bill No.20 of 2014). Hon. Senators, as pertaining to the amendments of the clauses, almost all had been considered at the Committee of the Whole on 7th October, 2015; awaiting for division except for Clause 8 and then First Schedule which was recommitted to date.

Mr. Temporary Chairperson, Sir, I beg to move: THAT, Clause 8 of the Bill be amended in paragraph (b) by inserting the words “including the values and principles of public service set out under Article 232(1) of the Constitution” immediately after the words “in question”.

could you explain further?

Mr. Temporary Chairperson, Sir, the amendment is meant to ensure that the county assemblies take into considerations the values and principles of public service whenever they are approving appointments. Having seen what is happening in many counties, it leaves a lot to be desired. I sit in the Standing Committee on National Cohesion and Integration. We have moved to certain counties and realized that some counties are approving appointments without considering issues like merit, transparency, gender and ethnic backgrounds as The electronic version of the Senate Hansard Report is for information purposes

The division will come at the end.

Mr. Temporary Chairperson, Sir, I beg to move: THAT the First Schedule be amended – (a) by deleting item 4. and substituting thereof the following new items – 4. (a) Date of birth (b) Place of Birth (b) by deleting items 6 and 7 and substitute the following new items – 6. Mobile phone number: (c) by inserting the following new phrase immediately after item 21 (d) (Attach clearance letter from the Ethics and Anti-Corruption Commission) (d) by deleting item 25 and substituting thereof with the following new item – 25. Tax status: (Attach your Kenya Revenue Authority Clearance Certificate) (e) in item 31 by inserting the following new phrase immediately after the words “your nomination?” If yes, explain:

Mr. Temporary Chairperson, Sir, that is enough. It is okay.

Mr. Temporary Chairperson, Sir, I am extremely concerned about the amendment proposed in item 21(d); “Attach a clearance letter from the Ethics and Anti-Corruption Commission (EACC).” The EACC does not have a mandate to give clearance on anything to any person. We are, in fact, giving them a mandate to do something that does not exist in law. If you are looking for a criminal record, it would be at the Criminal Investigations Department (CID) offices. The sort of letter that is being proposed here has been issued to, for example, the former Cabinet Secretary, Ms. Anne Waiguru. That is not what is required by law. Mr. Temporary Chairperson, Sir, assuming just for the sake of it, for instance, the list that was read by His Excellency the President in Parliament; if somebody had named you and you had not been investigated and there is no claim against you and they say that The electronic version of the Senate Hansard Report is for information purposes

Do you wish to move an amendment to that effect?

Mr. Temporary Chairperson, Sir, I do not know whether I am within the Standing Orders.

Yes, you are. You can move your amendment.

Mr. Temporary Chairperson, Sir, I move that we delete this proposed amendment, unless, of course, the Chairman states specifically what sort of clearance is being sought for. I have explained it. Clause 25 states that the Kenya Revenue Authority (KRA) gives a compliance certificate. There is no such process with the EACC.

Chairman, do you want to speak on the proposed amendment by Sen. Mutula Kilonzo Jnr.? It is an amendment to an amendment.

Mr. Temporary Chairperson, Sir, I do not have any objection to that. It is okay.

Mr. Temporary Chairperson, Sir, now that there is no objection to deleting that, I have no problem. I support Sen. Mutula Kilonzo Jnr.’s argument. The requirement to have the EACC give letters is completely unnecessary. For the same reason, even this requirement to attach a clearance certificate from the KRA is unnecessary. I do not know why we are going this direction because these institutions are there to do their work. We will not do their work yet they exist. We are imposing unnecessary impediments to people who are seeking appointments to the county assemblies.

Division will be at the end. I call upon the Mover.

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole report progress and its consideration of The Public Appointments (County Assembly Approval) Bill(Senate Bill No. 20 Of 2014) and seek leave to sit again tomorrow.

Since there are no numbers to take the vote, I will put the question.

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

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The Public Appointments (County Assembly Approval) Bill (Senate Bill No. 20 of 2014) and its approval thereof with amendments and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, pursuant to the Standing Orders No.139, I beg to move that the House do agree with the said Report.

seconded

There are no amendments to these clauses. Therefore, we will vote on them at the end.

Mr. Temporary Chairman, Sir, I beg to move:- The electronic version of the Senate Hansard Report is for information purposes

There is no amendment to this clause. Therefore, we will vote on it at the end.

There is no amendment to this clause. Therefore, we will vote on it at the end.

There are no amendments to the Title and Clause 1. Therefore, we will vote on them at the end.

Since we do not have the requisite numbers to vote, I call upon the Mover to reply.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the House its consideration of the HIV/AIDS Prevention and Control (Amendment) Bill (Senate Bill No. 4 of 2015) and its approval thereof with amendments. ( Question proposed)

Mr. Temporary Speaker, Sir, I beg to move that the Committee of the Whole has considered the HIV/AIDS Prevention and Control (Amendment) Bill The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the said Report.

seconded

Thank you Mr. Temporary Speaker, Sir. I beg to move:- The Cancer Prevention and Control (Amendment) Bill (Senate Bill No. 3 of 2015) be read a Second Time. The purpose of this amendment is to improve on the Cancer Prevention and Control Act 2012 which is a very good act. As you know, cancer is now becoming a major problem in Kenya and it is affecting all the socio-economic levels in our society. It is just appropriate that an Act was enacted in 2012 to address the cancer challenges that our citizens face. Mr. Temporary Speaker, Sir, with devolution, this amendment that we are making today will be more appropriate and applicable at the county level. There are two major improvements to the Act. The first one is the fact that while the Act already established the National Cancer Institute, there is no provision for its headquarter and it being a national institute. It needs to have headquarters from which to operate and to be able to guide other activities within the county. So, this amendment provides for the creation of the headquarters at the national level so that the control of the activities within the counties could have a coordinated approach at the national level. This also involves matters like setting standards and the rest. The second important thing that this amendment establishes is the formation of the County Cancer Prevention Committees. Their function is to carry out activities to ensure the prevention, detection and control of cancer within the county, promoting the implementation of cancer prevention initiatives within the counties, including public, private, national and international research and screening programmes, collaborating with the institute at the national level to establish counseling centers and palliative care facilities and homes for cancer patients and evaluating the performance of the county in implementing policies formulated by the national Government for the prevention and control of cancer. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I second. Cancer has grown to a level that may be called a pandemic in our country if at all it was not reported on so much. The prevalence rate of many cancers has increased. We do not know why but maybe it is because of the advent of HIV/AIDS and the associated cancers which include cancers of the blood and the skin and the lymphatic system. It could also be due to improved diagnosis due to the availability of machines that we have now in the country; level of knowledge, existence of some oncologists in the country or just sheer change of attitude on the population in reporting cancers. Mr. Temporary Speaker, Sir, this is a grassroots problem. Cancer patients tend to come from the villages. It was long ago known that some cancers only affected the affluent. That is not true. If you read the earlier text books, they would consider some cancers to have existed only in the Caucasian groups and Asians but now we are seeing the existence of cancers across the board. I think that explains the availability of medical systems and diagnostic centers mainly for the black population in this country. Mr. Temporary Speaker, Sir, we therefore, receive cancers from the villages at very advanced levels. In most cases, if you study thee stages of cancer, cancers are mild at stage one and extreme at stage four. Most of the cancer patients that we receive from the villages are at the third or fourth stages of cancer which is not usually easy to treat despite having a few cancer treatment centers in our country now, hence the necessity to amend the cancer Act of 2012 to include a few things that need to be considered, especially at the village level. Since we have counties at that level in devolution, it has become important to have county committees. The county committees have to report somewhere for proper data collection and collation and hence the creation of the central country committee. Mr. Temporary Speaker, Sir, what Kenya is going through is dependent on our passing of this Bill so that we have faster diagnosis and management of existing cancers. We have had an increase of throat, skin, colon cancers and, leukemia which is cancer of the blood. We have also seen a trend in the increase of cancer of the lymphatic system. This must be checked. I beg to second. ( Question proposed )

Mr. Temporary Speaker, Sir, I support this Bill for a good reason. In the Memorandum of Objects and Reasons, the Committee of Health through their Chairman, stated that this Bill is expected to ensure that the provision of services as relating to control and prevention of cancer are accessible at the county The electronic version of the Senate Hansard Report is for information purposes

Sen. Musila.

Mr. Temporary Speaker, Sir, I wish to first congratulate you, this being your first time to chair this House. I can testify, having sat on that Chair for five years before as the Deputy Speaker, that you are doing very well.

Having said that, I support this Bill. I also wish to congratulate my friend, Sen. (Dr.) Kuti, for coming up with this very timely Bill. I say “timely” because having a system of devolved governments, we do not as of now, have these institutions at the county level. Therefore, it is very important that this amendment be passed so that the committees are inaugurated in the counties to do the necessary work. I also congratulate Sen. (Prof.) Anyang-Nyong'o for the insight that he has given and Sen. (Dr.) Machage, a professional doctor, who also gave this Bill the much required input. Mr. Temporary Speaker, Sir, we all come from rural areas and we know the challenges that our rural communities face in as far as cancer is concerned. There are so many cancers in our rural setting. However, the sad thing is that people are not aware. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. From the outset, I wish to congratulate my colleague, Sen. (Dr.) Kuti, for bringing this important Bill to the House. All of us are aware about the seriousness of the level at which the cancer epidemic is ravaging our communities and country. It is good that this Bill is in this House so that we can address ourselves to some of the issues that appertain to this problem. Cancer cuts across communities, ethics, ethnic groups and all the boundaries. In fact, it is an international phenomenon that we must address from that level. When we had the HIV/AIDS epidemic throughout the world, I think the response was terrific and The electronic version of the Senate Hansard Report is for information purposes

Very well. Proceed, Sen. (Prof.) Zani.

Mr. Temporary Speaker, Sir, I would not mind being a professor as well. I thank you for this opportunity. Levels of cancer are increasing at an alarming rate. The type of people who are being affected by cancer is also different. Sometimes The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, thank you for this opportunity and I also offer my congratulation to you although we had done that last week in absentia and I The electronic version of the Senate Hansard Report is for information purposes

For the interest of some Members, could you clarify yourself? It appears that they are keen on understanding what you mean.

Mr. Temporary Speaker, Sir, what part of my statement should I clarify?

The part of knowing the Chair before you came to this House.

Mr. Temporary Speaker, Sir, last week, while you were away, I said that I knew you when we were real hustlers and it generated quite a debate. However, the Chair ruled that I do not need to breakdown the meaning of the word “hustler”. I congratulate you and I believe that your star will keep shining. I also congratulate Sen. (Dr.) Kuti for this Bill because it is critical. We know that globally, the deaths that occur from cancer are more than the deaths resulting from HIV/AIDS, Tuberculosis (TB) and Malaria combined. It is quite a shocking revelation that 70 per cent of the deaths are in underdeveloped countries, including the low and middle income level countries where Kenya lies. Cancer does not know age, tribe or class. It affects all of us. In fact, if you do a quick study in this House, you will find that almost all of us have been affected in one way or another by cancer. The pain that families go through is quite indescribable. I know that most Members of this House go to constituencies over the weekend to attend fundraisers, most of which are out of the death of cancer patients or the medical Bills that are out of reach that cannot be handled by affected families because a majority of the population is below the poverty level index. We are still doing badly as a county and having this additional burden does not help matters. Mr. Temporary Speaker, Sir, 10 to 20 years ago, the cancer disease was still very alien. People did not understand exactly what cancer was. We gave hype to Malaria and HIV/AIDS and had many campaigns. However, the deaths that are occurring from cancer are shocking. It is gruesome to know that if you go the Kenyatta National Hospital Children’s Ward, you cannot stand the pain that those children go through. It is a sad scenario and a sorry state knowing that this is something that can be avoided because 30 per cent of cancer cases can be cured if they are diagnosed early. Those are the statistics but we are doing badly in terms of this education. How do people know that they can be tested and cured of cancer? In Kenya, cancer is the third in causes of morbidity. In fact, it is after infectious and cardiovascular diseases that cancer is discovered. Mr. Temporary Speaker, Sir, there are many myths that are associated with this. I know Sen. Musila has already alluded to some of them that you will get cancer and people will say you are bewitched, others will say you ate someone’s money that is why you are suffering, and most importantly is that there is miscommunication about cancer. It is stigmatizing because people do not know. They think that if you sit with someone The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir. I also rise to thank the Chairman of the Health Committee. In our country, the month of October is a month where everyone rises up with a pink ribbon and either creates awareness on cancer or breast cancer but I want to thank the Senate that we are talking about it in the month of February when the country is still quietly waiting until the month of October which is the cancer awareness month. It is only during this month that we talk about cancer yet we know that it is one of the diseases that is really killing people in our homes. People are facing various challenges and they do not know what to do. They look at their family members who are ailing and they wonder what they can do. Some of them even do not understand that it is cancer. Mr. Temporary Speaker, Sir, we know that the Government promised to buy the facilities and the equipment to put in the hospitals. I know it has taken a while. When you go to Kenyatta National Hospital (KNH), you find a patient who is supposed to go through dialysis is supposed to stay for three months. That patient already has an appointment but that appointment will wait for three months for him to see a doctor and yet when I look at KNH, I ask myself - I hope the Health Committee will do that - that it is supposed to now be a hospital of in-patients and not out-patients. We must stop this thing of people thinking they can walk to KNH and to the casualty and be treated so that we also give a bigger leverage to those who are suffering from “big” diseases. I hope as we move on, Sen. (Dr.) Zani talked about Panadol. It is unfortunate that the governors themselves have decided that when they are requesting for their medical facilities, there is a footnote that you must give them drugs of this pharmacy. It means it is business as usual. Mr. Temporary Speaker, Sir, we also need to ask ourselves what happened to our Pharmacy and Poisons Licensing Board. Is it doing its work? Today when you look at the medication we are taking, it is part of the reason why we are also going to get cancer. Asians in this country – I am sorry to say so on the Floor of the House - have industries that are doing crazy things in our country. We need the Pharmacy and Poisons Licensing Board to come out and tell us what they are doing to ensure Kenyans are safe, we are able to get quality and to ensure---

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

On a point of order Mr. Temporary Speaker, Sir. I think what Sen. Elachi is saying is very important and it needs substantiation. Could we have a substation of the crazy things that are being done by Asians?

Thank you Mr. Temporary Speaker, Sir. What I meant - I believe if we leave it to the board to go to Industrial Area and do their own research in all those pharmaceuticals that we have, I believe the way we did with Kenya Airways, we can get a report that can sensitize Kenyans just to know when they are taking the drugs, some are generic, some are original but you are not told how you will differentiate between the original and the generic. It is only a pharmacist who tells you if you want the generic or the original. As a Kenyan, I would wish to have the original. Mr. Temporary Speaker, Sir, the Committee has the powers to summon the Board and represent the interests of all Kenyans.

Sen. Elachi, the point of order was with regard to Asians. You have mentioned Asians and their companies doing crazy things. Can you substantiate that particular element?

Mr. Temporary Speaker, Sir, I withdraw and apologise. However, I have said that the Committee on Health must do something.

So, you have withdrawn?

Mr. Temporary Speaker, Sir, yes, I withdrew. Let them bring us a report first. On the issue of cancer, we used to know and it is still a fact that cancer cells are a product of a lineage of a family, but nowadays, even those without that hereditary nature are also diagnosed with risks of cancer. This is because of what we eat. If we do not take a step and sensitise people on the management of chemicals that are used to spray crops, we run the risk of being infected by cancer. We should know the period that some of these chemicals used to spray vegetables should take before consumption. The current statistics are wanting. When I look at the Bill and its Memorandum of Objects together with the establishment of a committee, my question is on the exodus of doctors because of the devolvement of health services. How shall we ensure that the Members of the committee understand and have expertise in dealing with this disease? When we dealt with HIV/AIDS, many people were taken for training and, therefore, this committee should also be trained in order to manage cancer. They should be trained on how to deal with families that are affected and to provide programmes just like patients suffering from tuberculosis undergo. The community health workers go for serious health programmes to help these patients. Doctors should have the skills and if they lack such skills, a programme should be put in place to equip them. Mr. Temporary Speaker, Sir, people should gain confidence in our health centres. Everyone visits Kenyatta National Hospital because of the able doctors. How shall we create an incentive that will bring back the doctors to the county hospitals? This will help us to gain confidence because people will know that if I walk, for instance, to Kakamega County Hospital, I will get dialysis services. Patients normally find themselves at stage four of cancer because of doctors who administer wrong treatments. We should have trained doctors who can easily diagnose cancer diseases. I know they are there but they The electronic version of the Senate Hansard Report is for information purposes

Finally, Sen. Okong’o.

Asante sana Bw. Spika wa Muda kwa kunipa fursa hii ili nichangie pendekezo la kurekebisha sheria ya ugonjwa wa saratani. Kwanza kabisa, The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator on the Floor in order to mix two languages as he speaks? He should stick to either Kiswahili or English as he speaks.

Sen. Okong’o, you know that the Standing Orders require that you choose which language to use. From your initial remarks, you were proceeding on in Kiswahili.

Bw. Spika wa Muda, neno moja halimzuii Seneta---. Nitakuwa nimeenda kinyume cha sheria zetu nikiongea Kiingereza katika sentensi nzima. Sen. (Dr.) Zani ni mwalimu wangu anayetoka eneo la pwani. Kwa hivyo, ni mweledi wa Kiswahili. Kwa hayo, nadhani sijakosea sana. Naomba niruhusiwe kuendelea kunena yale ambayo nilikuwa nanena kwa lugha ya Kiswahili.

Endelea, lakini usiwe na mazoea ya kuchanganya ndimi.

Nashukuru, Bw. Spika wa Muda. Bw. Spika wa Muda, nilikuwa nasema kwamba wananchi wa Kenya wameathirika sana jinsi ilivyosemwa kwa vile hakuna elimu ya kutosha, hakuna vifaa vya kutosha na wataalamu wa kutosha. Ninapounga mkono pendekezo hili la kubadilisha sheria, Serikali kuu ikishirikiana na Serikali za kaunti inafaa kulipa jambo hili kipaumbele ndiposa wananchi waweze kushughulikiwa na kusaidiwa kutokana na maradhi haya. Nimesema kuwa ni jambo la umuhimu Serikali kuu ama Rais wa Kenya kulitaja kuwa janga la kitaifa. Nimeangalia mapendekezo kadhaa wa kadhaa ambayo yamewekwa hapa. Tutaangalia mapendekezo machache ambayo yatarekebishwa wakati tutakapokuwa tukijadili Mswada huu. Bw. Spika wa Muda, kwa hayo machache, naunga mkono.

There being no other interest in this matter, I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I am very grateful to those who contributed to this very important Bill. Every speaker has acknowledged the impact that The electronic version of the Senate Hansard Report is for information purposes

Mover, you know the next procedure will be to vote on this Bill. So, you may need to request the House to defer the putting of the Question to another day because of the obvious reasons.

Mr. Temporary Speaker, Sir, I agree that the putting of the Question be done later because we do not have the numbers.

I defer the putting of the question to Thursday.

Thank you, Mr. Temporary Speaker, Sir.

Next Order.

Thank you, Mr. Temporary Speaker, Sir. I beg to move that the County Outdoor Advertising Control Bill (Senate Bill No. 11 of 2015) be read a Second Time. Let me confirm that the Committee on Information, Communication and Technology (ICT) in which I am the Vice Chairperson, has allowed me to sponsor this Bill. At the first instance, there was concern that this Bill was not supposed to be in the Senate. All those fears were allayed by Hon. Justice Lady Mumbi in her judgement which she passed last year on a matter concerning roads. She said that this Bill falls squarely in matters concerning counties. Outdoor advertising is an area that has been left pending. In some cases, outdoor advertising in Mombasa, Nakuru and Nairobi counties is not uniform. This is one avenue that counties can use to make funds in terms of their kitty. There has been an ongoing dispute between the various bodies that are managing our roads about who should collect the fees. While we have allowed county governments to issue licences for the billboards and other methods of advertising, they are claiming other funds for purposes of advertising. Therefore, this Bill attempts to ensure that we have uniform legislation on how advertising will be done from Turkana to Lamu County. Mr. Temporary Speaker, Sir, this being an industry that is rapidly growing, it is important that it is regulated. We have had concerns that some billboards are violating the environment and many other things including decency. It is because of that that we thought we should find this framework. Let me confirm that after we did public participation, we received various views which will come during the Third Reading. For our purposes, we have provided a framework for licensing, where you should advertise and the place and methods of prescribing the application and who will pay that fee. We have also provided, in other methods, a consideration of the application, how and when it will be denied and what you should do when it is denied. For the committee that will sit, we have provided for who and how the committee will be composed, what they will do, how they will approve the application and how much you will pay for the outdoor advertising licensing. Of importance also is how the person will advertise and what will be allowed to be advertised on these billboards and other methods of outdoor advertising.

Order, Members! Sen. Mutula Kilonzo Jnr., you will have 57 more minutes to continue moving your Bill the next time it appears on the Order Paper. The electronic version of the Senate Hansard Report is for information purposes

Honourable senators, it is now 6.30 p.m. It is time to adjourn the Senate. Therefore, the Senate stands adjourned until tomorrow, Wednesday, 17thFebruary, 2016 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes