Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the East Africa Economic Community relating to the Pan- African Parliament, the Senate approves the nomination of Sen. Billow Kerrow as a Member of the Pan-African Parliament to replace Sen. Kipchumba Murkomen. ADOPTION OF MEDIATION COMMITTEE REPORT ON THE NATIONAL DROUGHT MANAGEMENT AUTHORITY BILL

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Mediation Committee on the National Drought Management Authority Bill (National Assembly Bill No. 42 of 2013) laid on the table of the House on Thursday, 3rd December, 2015. NOTING OF REPORTS OF THE ACP-EU JOINT PARLIAMENTARY ASSEMBLY MEETINGS

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate notes the Report of the ACP Parliamentary Assembly and the 29th Session of the ACP-EU Joint Parliamentary Assembly held at the Grand Pacific Hotel, Suva, Fiji, from 10th to 17th The electronic version of the Senate Hansard Report is for information purposes

Sen. (Eng.) Muriuki, your name is in the Order Paper but you are unable to attract my attention.

Sorry, Mr. Speaker, Sir.

Proceed. ADOPTION OF REPORT OF AD-HOC COMMITTEE ON COUNTY HEADQUARTERS

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House adopts the Report of the Ad-Hoc Select Committee on County Headquarters laid on the Table of the Senate on Thursday, 3rd December, 2015.

Next Order.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I wish to request for two statements. KILLINGS IN KITUI COUNTY The first statement is directed to the Chairperson of the Standing Committee on National Security and Foreign Relations on the security situation at the Kitui-Tana River Border. In giving this statement, I would like to draw the attention of the Chairperson that on 17th July, 2015, a number of people were arrested and charged in court following the killing of 15 people from my county along the Tana River-Kitui border. I would like the Chairperson to give the progress of the prosecutions following the killing of these 15 people. Secondly, I would like to ask the Chairperson to tell this House whether the Government cannot consider training and arming homeguards to secure this volatile border and avoid risking continued insecurity at the border as the Government has done in other areas facing similar security challenges. STATUS OF CASH TRANSFER PROGRAMME My second statement is directed to the Chairperson of the Standing Committee on Labour and Social Welfare. This concerns cash transfers to senior citizens and other marginalized groups. In his statement, the Chairperson should address the following issues:- The electronic version of the Senate Hansard Report is for information purposes

Is the Chairperson of the Committee on Security and National Relations here?

On a point of order, Mr. Speaker, Sir. I would like to ride on to that statement by asking: There is a reason why those who are eligible are not receiving those funds. What are the reasons for those who are eligible not receiving these funds?

Order, Members. That is a statement sought by one Member. You can wait for the response to add. Sen. Adan, when do we expect a response?

Mr. Speaker, Sir, I request that we be given two weeks to respond to the statement because this requires the department to go to court to understand the status of the cases that are pending.

It is so ordered, two weeks. Where is the Chairperson of the Committee on Labour and Social Services?

Mr. Speaker, Sir, first, allow me to apologise to Sen. Musila. I know he has been very insistent on this issue. However, we had a problem with the Ministry last year. We hope to do better. In the next two weeks, we should be able to respond to that statement.

Okay, let us have the response in two weeks time. ALLOWANCES AND FACILITIES PROVIDED TO NOMINATED MCAS

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.45(2)(b) to seek for a statement from the Chairperson of the Sessional Committee on Devolved Government regarding allowances of Nominated Members of County Assemblies (MCAs) and facilities provided to them. In the Statement, the Chairperson should:- The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, we need two weeks to deal with this. Please, give us two weeks.

Order, Sen. (Prof.) Lesan! I am glad that they are reluctant to congratulate you. I thought you would demonstrate appreciation for the new office by giving us one week.

Mr. Speaker, Sir, I am new in office. However, we will try very hard in the first one week to deliver. If we are not successful, we will come back to the House and seek for more time.

Okay, two weeks’ time; the sooner the better. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 23RD FEBRUARY, 2016

Thank you, Mr. Speaker, Sir. Hon. Senators, pursuant to the provisions of Standing Orders No.45, this is to present the Senate business for the coming week. On Tuesday 23rd February, 2016, the Rules and Business Committee (RBC) will meet at 12:30 p.m. to schedule business for the Senate for the week. Subject to further directions by the RBC, the Senate will continue with business that will not be concluded in today’s Order Paper focusing on debates on Bills at the Second Reading stage and Committee of the Whole. Further, the following Bills, among others, will be scheduled for voting at various states; (1) The Cancer Prevention and Control (Amendment) Bill (Senate Bill No.3 of 2015). (2) The County Outdoor Advertising Control Bill (Senate Bill No.11 of 2015) (3) The Public Appointments (County Assembly) Approval Bill (Senate Bill No.20 of 2014) (4) The HIV and AIDS Prevention and Control (Amendment) Bill Senate Bill No.4 of 2015) (5) The County Industrial Development Bill (Senate Bill No.7 of 2014) (6) Division on the Report of Mediation Committee on the County Governments Amendment Bill (Senate Bill No.1 of 2014). On Wednesday, 24th February, 2016, the Senate will continue with the business not concluded during Tuesday’s sitting, especially Bills at the Committee of the Whole and any other business scheduled by the RBC. The electronic version of the Senate Hansard Report is for information purposes

What is it, Sen. Elachi?

Thank you, Mr. Speaker, Sir. I request you to use your powers under Standing Order No. 39(4) to allow me to move a procedural Motion on the appointment of Sen. Billow as a member of the Pan-African Parliament (PAP).

So, ordered! That Motion can proceed before we go to the Committee of the Whole.

Thank you, Mr. Speaker, Sir. I want to thank the House and the Members of the PAP. As we bring in Sen. Billow to replace Sen. Murkomen who has now has taken over from---

Order, Sen. Elachi! You are a senior Member of the House and the learning curve is no longer applicable.

Yes, Mr. Speaker, Sir. Let me read the Motion.

Order! You move the Motion. You do not read.

Thank you, Mr. Speaker, Sir. I beg to move the following Procedural Motion:- The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I wish to second this very important Motion.

Thank you Mr. Speaker, Sir. As the Mover of this Motion said, this is a straightforward process arising form the fact that Sen. Murkomen was appointed the Deputy Majority Leader; but I stand to express my confidence that Sen. Billow takes over that position because of who he is, the dedication that he has shown in the Finance, Commerce and Budget Committee where I also sit and his sense of service. I think it will bring value in terms of him becoming a Member of that Parliament. I think he will represent us well and make us proud from the contributions that he is going to make. I thank you.

Thank you, Mr. Speaker, Sir. First of all, I want to appreciate the work of Sen. Murkomen in representing the country at the African Union Parliament. I also appreciate the choice of Sen. Billow, an outstanding son of this country of whom we are all proud. We have full confidence in him as a leader and what he stands for. We know that we will be very adequately represented at that Parliament through him. Mr. Speaker, Sir, I do hope by this appointment, there are no intentions of removing Sen. Billow as the Chairman of Finance, Commerce and Budget Committee of this Senate because I know that he has the capacity to discharge both functions effectively. I support his appointment.

Thank you, Mr. Speaker, Sir. I also rise to support this Procedural Motion and to say that Sen. Billow has diligently discharged his duties as the Chairman of Finance, Commerce and Budget Committee. We are very happy with the work he is doing and the energy he has. I hope he is going to be very helpful at the Pan African (PAP). We all know that PAP is supposed to look at developments and linkages in Africa as a whole. I ideally thought that Sen. Ong’era and Sen. Murkomen who were there earlier were supposed to occasionally come and brief the Senate here about what they have done but three years down the line, I have not seen any report and I hope with The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Speaker, Sir, for giving me this opportunity so that I may support this Motion. I welcome the nomination of Sen. Billow to be a Member of the Pan African Parliament (PAP) representing the Senate. Sen. Billow is a distinguished Senator who has not only vast experience but is also widely knowledgeable in the diaspora particularly in international affairs which we mostly deal with in the PAP. As a Member of the PAP, I also want to thank Sen. Murkomen who has been our leader of delegation, and I hope that the reports we have written can be tabled in this House. We have had many issues that we have discussed in the PAP and we did write reports. I hoped that the leader of delegation would have tabled these reports in the House. Mr. Speaker, Sir, as you are aware, soon PAP is going to become an independent Parliament so that we will no longer have Members nominated from the parliaments but we will have elections by universal suffrage, so that whoever we elect there is our representative, elected by the people from the grassroots. Once the amendment to this Protocol is passed – which has been brought before the National Assembly- I believe then that PAP will now become an independent Parliament just like the East African Legislative Assembly (EALA). Mr. Speaker, Sir, as we are going to represent this House in PAP, I want to assure Members that we represent the Senate well in our discussions. We always bring to the knowledge of PAP Members that Kenya is now a bicameral Parliament and it has the Senate as the “Upper House” and the National Assembly as the “Lower House”. We always articulate this position because sometimes people tend to forget that Kenya has a bicameral parliament. Should this Motion pass, we welcome Sen. Billow who I am sure will add a lot of value and enrich our delegation. I thank you.

Thank you Mr. Speaker, Sir. I wish to congratulate Sen. Billow for having been nominated by the Jubilee Coalition but I would say that it is good and bad for us that he is going. It is good for the country because we know we have a very good and competent leader who is going to represent the country well and articulate all our issues. It is not only bad because we are going to miss him at the Senate, but I have learnt to know Sen. Billow as a no nonsense leader and a debater. We definitely need his input within the Senate. He has always guided us and hit issues on the spot without beating about the bush. That has been a good lesson to most of us. This has always directed and upheld the Senate stature very high. Mr. Speaker, Sir, while he will be there, I know we will only ask him to open his eyes. While he will be giving reports, let us know which job opportunities, leadership positions are available within the governance of the PAP so that Kenya can also take The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I would like to add my voice in congratulating my Chairman, Sen. Billow, a man of substantial integrity. I am sure, as Sen. Billow is sitting there, he is wondering whether we mean the words we are saying here. Usually, you find that when in such an occasion, you feel as if it is a funeral. At least in your own funeral, you do not hear what they say but at least here, he can hear what we are saying. So, I hope that all these good words going to Sen. Billow are well-meant. Mr. Speaker, Sir, let me just say one thing; apart from bringing back reports to the House, I do believe that as our representatives, they should also go there with our objectives and missions. One of the things that are happening at the PAP level is that an initiative that was taken in the early 2000 in New Partnership for Africa’s Development (NEPAD), is actually being relegated to the back banner. Our own President is the current Chairman of the African Peer Review Mechanism (APRM) but we are not seeing much happening. I will take the opportunity to give Sen. Billow my book “NEPAD, A New Path”, so that when he goes there, at least he will have something to refer to in reviving NEPAD and ensuring that our President, who is the Chairman to APRM, takes that job seriously.

Order, Sen. Billow. There is an offer on the Floor and you are not following.

Mr. Speaker, Sir, I think he is being distracted by an enthusiast. What I was saying is that tremendous initiative was taken at the African level in the early 2000 and I was involved in improving governance especially through NEPAD and the APRM. Our President is the current Chairman and even then, APRM does not seem to be taken seriously. It is a very important instrument for improving governance in Africa. Mr. Speaker, Sir, elections, for example, are not playing an important role in democratization as they need to. I am sure Sen. Billow will go to PAP with one mission; to revive debates on good governance necessary for healthy economic transformation of Africa. I thank you.

Mr. Speaker, Sir, I would like to add my voice in congratulating Sen. Billow Kerrow who is very honest and truthful. In life, I have learnt that honesty does not earn you many friends, but it earns you the good ones. Definitely, it has now earned him this position. He will represent this Senate and the country out there truthfully. Thank you, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes

Asante sana, Bw. Spika. Naunga mkono Hoja hii kwamba Sen. Billow Kerrow ambaye tunamfahamu vizuri kwa kuchapa kazi. Ni mtu mwadilifu. Nina hakika kwamba atatuwakilisha vizuri katika Bunge la Afrika. Mwaka uliopita kila mtu alishuhudia akiwatetea watu wake. Wengi walitarajia anyamaze lakini alipowatetea, watu walidhani kwamba alikuwa haungi mkono Serikali tena. Namwomba asimame kidede katika kutetea haki za watu wake na taifa letu la Kenya. Nampongeza sana kwa uteuzi huu. Asante sana.

Order, Members! I will limit the debate to one minute per contributor. You can say a lot in one minute if you prioritize.

Mr. Speaker, Sir, I also wish to support this Procedural Motion and welcome the nomination of my able Chairperson of the Committee on Finance, Commerce and Budget to be a Member of the Pan African Parliament (PAP). Sen. Billow Kerrow is a very good leader who has the capacity to represent the country at the PAP. I am sure he will articulate issues affecting the Africans and improve the image of our country. I hope that he will not forget his county while he is away. Mr. Speaker, Sir, I beg to support.

Mr. Speaker, Sir, before I make my comments in support of this Motion, I want you to guide the House because we seem to be setting a precedent. Under Standing Order No.39, you have the discretion to vary the sequence of business in the Order Paper. However, if you want to introduce new business, we are supposed to be given a Supplementary Order Paper. Since this business is not in the Order Paper this afternoon, maybe you could guide the House, so that, that precedent is clear. Having said that, may I contribute by saying that---

Order, Sen. (Dr.) Khalwale. If you really valued the guidelines, you would have just given up your time. But since you have not, I will not guide you because by allowing it, I have already guided you. I will allow you one more minute in consideration.

Thank you, Mr. Speaker, Sir. I just want to encourage my friend and colleague, Sen. Billow, that as a Member of the PAP, he must remain alive to pronouncements from the African Union (AU). The AU has been taking very serious decisions on international protocols. It reminds me of the latest case, where members were being urged to have the African states pull out of the International Criminal Court (ICC). On such an important issue, we would like to see Sen. Ong’era and Sen. Billow reporting back to the House regarding the debates and decisions of the PAP. We do not want heads of states of the African countries to run rogue and be dictators by using the mob psychology of the AU. I beg to support.

Sen. Abdirahman, I will allow you two minutes by virtue of where you are sitting.

Thank you, Mr. Speaker, Sir. I join my colleagues in congratulating Sen. Billow for the nomination to the PAP. In terms of ability, expertise and competence, I believe that he will represent us very effectively. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I join my colleagues in congratulating the Senator for Mandera on his nomination to this important organization. Sen. Billow Kerrow is committed and steadfast. On issues of national importance, he has remained committed and non-partisan. I believe that he will be the best representative of this Senate in the PAP. I urge all Senators to approve his nomination. Thank you.

Order Members. It has been brought to my notice that some Members are contributing as if Sen. Billow will be leaving the Senate to the extent that they are expressing the fact that they will miss him.

For your comfort, Sen. Billow remains the Senator for Mandera.

Thank you, Mr. Speaker, Sir. I have served with Sen. Billow from the Ninth Parliament. I know him as a skilled politician, very knowledgeable and one who knows how to express what is in his mind in good language and sense. His nomination to this position is not a surprise to some of us. However, it has to be accepted that Sen. Billow is a Chairman of an active Committee. I am concerned about Members of the African Legislative Assembly serving in important positions such as the Speaker’s or Chairpersons Panel and other active Committees such as the Committee on Finance---

I grant you one more minute because you are a Member of a panel.

Thank you Mr. Speaker, Sir. I strongly feel when a Member is appointed to that position to represent this Parliament in the Pan-African Parliament, he should be relieved of some active positions in this House so that he takes enough time to plan on how to represent this country in that Parliament. In so doing, we will have a more productive representation in that Parliament. Whereas I also thank Sen. Murkomen for having represented us effectively, we all knew the incapacitation he had when he was the Member of the Speaker’s Panel. More often, he was not around. This should be noted and something done about it in the Standing Orders. Thank you. The electronic version of the Senate Hansard Report is for information purposes

Order Senators. I give you notice of closure of this matter. I only have three registered interested Senators namely: Sen. Kittony, Sen. Mutula Kilonzo Jnr. and Sen. Murkomen.

Thank you, Mr. Speaker, Sir. I also join my colleagues in applauding the nomination of Sen. Billow to the Pan-African Parliament. I commend, congratulate and appreciate the work done by Sen. Murkomen who, when he was in the Pan-African Parliament, he was also a member of the sky-team. He was present at the conference most of the times. I also appreciate Sen. Billow because I know him as a stickler for processes and regulations.

Thank you Mr. Speaker, Sir. I also join my colleagues in congratulating Sen. Billow. I have worked closely with him and we will miss him. I hope he will be finding time to chair our Committee on Finance, Commerce and Budget because he is a good Chair. Congratulations, Senator.

.: Mr. Speaker, Sir, Winston Churchill said that when you are in a situation and you need to do something but you do not know what to do, do nothing. However, when you have a situation that you need to say something and you do not know what to say, say the truth. The person who fits that bill is Sen. Billow. Therefore, I support this Motion that on the side of the Jubilee Coalition, that is the person that I would give that commendation. Thank you.

Mr. Speaker, Sir, I request that you will allow me one extra minute because I am the outgoing Member of the Pan-African Parliament. First, I thank the House and my colleagues who are Members of the Pan-African Parliament for not only supporting me as a Member but also as their team leader. I also congratulate Sen. Billow for the good job he has been doing in this House and for being nominated to that Parliament. It is an important institution because there are reforms that are ongoing and particularly in making it a permanent Parliament with permanent Members serving for a particular period of time. Sen. Billow will be among the Members of the Pan-African Parliament who will spearhead the reforms and---.

I grant you one more minute in the capacity as the Senate Deputy Leader of Majority.

Mr. Speaker, Sir, I congratulate him and when he will serve there, I will miss my colleagues from all over Africa but also Sen. Ong’era and the team who are also Members of the Kenyan Parliament. I wish them the best, and I hope that I will get a chance to visit them in one of the sessions. Mr. Speaker, Sir, for the comfort of those who are in the Committee on Finance, Commerce and Budget and others, understand that they are committees that one should not be away for a long time. However, they will be in session for one week in March and two weeks in October. Therefore, it is not true that one will miss a lot of sessions here. Thank you.

Order Members.

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

Mr. Speaker, Sir, most obliged.

Mr. Speaker, Sir, I do not wish to challenge your clarification but it may appear to the audience out there that the reason why Sen. Billow is being appointed is because of my inability to represent the country in the Pan-African Parliament. In order to avoid that misconception, it should go on record that once I was approved as the Senate Deputy Leader of Majority, and based on the principles of selfless leadership, I had to forfeit all the other duties I was doing to others so that we can share responsibilities. I do not want the impression that---

Order Sen. Murkomen. To the contrary, you are creating that impression that you are making the determination that you are still around and that it was your position. Everybody has been following the proceedings of the House and they know what has been happening.

On a point of order, Mr. Speaker, Sir. I thank all the Senators for their kind words and the confidence they have expressed in my ability to represent them in the Pan-African Parliament (PAP). My pledge is that the PAP will certainly hear a lot about the Kenyan Senate, the Kenyan Parliament and the Kenyan nation in general regarding our priorities in terms of policies, other protocols and some legislative directions that are of interest to us. So, I will hopefully meet your expectations. Thank you very much for your confidence in me.

Order, Members. Before we move to the next Order, I will go back to the petitions. I have quite a number of them which I am required to read. Since we are getting concerned as a House that there are too many petitions, we would also like to appreciate that the citizens are looking up to the House to solve some of these issues. I will read all of them and you can choose whichever you would like to intervene on. So, listen carefully. The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. You notice that I have pressed both intervention and contribution buttons.

That is correct.

Mr. Speaker, Sir, the first one is a point of order. You just said that you will allow Members to comment on the petitions; choose the petition that you want to comment on. How about if one wants to comment on all the four, two or more than one petition? The electronic version of the Senate Hansard Report is for information purposes

It is true, Senator, that our track record on our responses to petitions has been extremely poor. So, we have discussed this matter as the House leadership and we are trying to give some guidance. In order to make use of the limited plenary time, we have made certain interventions including reading all of them and Members making interventions. Thirty minutes of interventions for four petitions is a lot of time. Given your interventions– sometimes life is a matter of prioritization – I will allow that, may be, interventions for two and the total time for all the four for contributions is the 30 minutes. It is just to get our business going on. Sen. Khaniri, You may now proceed.

Bw. Spika, ninashukuru kwa kunipa nafasi ili nichangie ---

In fact, it has been brought to my attention. There is a bit of contradiction. Standing Order No.224 says: “The total time on the Order on “Petitions” shall not exceed 30 minutes.” Now, Standing Order No.226 says: “The Speaker may allow comments, observations or clarifications in relation to a petition presented or reported and such total time shall not exceed 30 minutes.”

Mr. Speaker, Sir, I am guided. Ninakushukuru kwa kunipa nafasi hii. Nitachangia kwa rufaa ambayo imeletwa katika Bunge hili na wakaazi wa Wadi ya Bukhayo ya Kati. Kwanza kabisa, niruhusu niwashukuru wazalendo hao ambao wamewasilisha ombi hili kwa kuwa macho na kutaka kujua ni maendeleo gani ambayo wanapata katika sehemu yao. Ugatuzi ulikuja kunufaisha wananchi mashinani; pesa zitoke hapa Nairobi ili ziwafaidi wananchi kwa maendeleo mbalimbali ambayo wanahitaji katika sehemu zao. Kwa hiyo ni muhimu sana viongozi walio mashinani, Members of County Assembly(MCAs) pamoja na gavana na ofisi yake, kuhakikisha ya kwamba kabla ya kufanya mradi katika sehemu yoyote katika kaunti yao, wazungumze na wakaazi ili watoe maoni yao kuhusu miradi ambayo wanapendekeza kutekeleza katika sehemu zao. Hatutaki waanzishe miradi bila kuhusisha wananchi ambao wanatarajiwa kufaidika kutokana na miradi hiyo. Hata katika kaunti yangu, nimeona miradi mingi ni ya kufaidisha watu binafsi wala sio wananchi. Kwa hivyo, itakuwa muhimu sana wananchi wahusishwe katika mipango ya miradi ya maendeleo. Mwisho kabisa, ninajua utaelekeza rufaa hii kwa Kamati na Sheria za Bunge zinatupatia muda wa siku 60 kushughulikia rufaa. Vile umesema, kuna maombi mengi ambayo yameletwa hapa, muda huo umepitwa na siku nyingi sana hata miezi mitatu au minne na bado Kamati hazijaleta ripoti yake. Kwa hivyo, tunaomba ofisi yako ihakikishe ya kwamba rufaa zinazowasilishwa kwa kamati, iwe ni muda ule uliowekwa katika Kanuni zetu za Senate – muda wa siku 60 wala isipite. Ninaunga mkono rufaa hiyo.

Maseneta, ninaomba wakati ambapo mnachangia, msipitishe muda wa dakika mbili. The electronic version of the Senate Hansard Report is for information purposes

Asante sana, Bw. Spika. Ninaelewa kuwa hatuna muda wa kutosha, kwa hivyo, nitasema tu mambo mawili. Kwanza, ninaunga mkono dua la wakaazi wa Wodi ya Bukhayo ya Kati, Kaunti ya Busia. Ninawashukuru sana kwa sababu wametambua uwezo na mamlaka yao katika Katiba, ambayo ni kuangalia vile fedha ambazo wametengewa na Serikali zinatumika.

Ombi langu ni kwamba rufaa hii itakapowasilishwa kwa kamati inayohusika, tungetaka Kamati hiyo iaangalie rufaa hiyo kwa haraka. Sio lazima ifikishe zile siku 60. Ikiweza kufanyika kwa siku 10, tungependa ripoti hiyo iwasilishwe hapa mapema ili tuijadili. Vile vile, ninaomba tuangalie maombi ambayo yalikuwa yamepelekwa kortini kuhusu fedha za wodi ambazo zinasimamiwa na waakilishi wa Wadi, ili tujue kama ni haki wao kufanya hiyo kazi. La pili ni kwa lile dua ambalo limeletwa na Bw. Tedy Mwambire ambaye ni Naibu wa Spika kule Kaunti ya Kilifi. Fedha zinachelewa sana kutoka kwa serikali kuu na mwongozo wa Bajeti ya mwaka huu, utapata kati ya Kshs2,087,000 ni 34 asilimia ama karibu Kshs100,000,000 ambazo zimetolewa kufikia Disemba mwaka uliopita. Kwa hivyo, huenda tunauliza magavana maswali ilhali sio makosa yao. Lazima swala hili liletwe katika hili Bunge la Seneti. Hata hivyo, tukumbuke pia jana kuna Seneta ambaye aliuliza mwongozo kwa hili jambo na tutapokea taarifa hiyo kwa muda wa wiki mbili zijazo. Taarifa hiyo itatusaidia sana kwa kutoa mwongozo kuhusu jambo hilo.

Thank you, Mr. Temporary Speaker, Sir. I would like to make a few comments on the Petition by the people of Bukhayo Central Ward in Busia County. This is a clear indication of failure of two organs, not only for Busia County but throughout the country. For Wananch i to bring us this Petition, it clearly shows that there is failure on the body that has been given the responsibility of oversight namely, Members of the County Assemblies (MCAs). This is a great failure throughout the Republic. You do not hear MCAs questioning or oversighting governors; it is very sad. Secondly, is the failure of the Office of the Auditor-General. We have said here time and again that we need this office to have offices in each county and competent officers to carry out the audit. As I speak, in the counties, we are witnessing governors spending public funds as if it is their own money. I urge the Committee as it investigates this matter to find out why Busia County Assembly has not looked into these issues until

have to bring them to the Senate. The Committee should also find out why the Auditor-General who is charged with the responsibility of auditing these expenditures is not able to draw the attention of this Senate to those funds, including many other counties, for instance, Kitui County.

Mr. Temporary Speaker, Sir, first, I thank the residents of Busia County for the Petition. I am praying that the spirit that touched the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): Order! Do you doubt the powers of the Speaker?

Mr. Temporary Speaker, Sir, I am not, but I am speaking loudly.

(Sen. (Dr.) Machage): No, be careful.

Mr. Temporary Speaker, Sir, let me rephrase. We are an interested party in the referendum. Therefore, by approving a Petition in which we are being asked to amalgamate Petitions that seem to say that this Senate should be abolished is a contradiction in terms. It does not meet the threshold.

(Sen. (Dr.) Machage): Look at the Standing Orders. Every Mwananchi has a right to petition the Senate. However flimsy, ridiculous and unacceptable it maybe to your ears, you as the Senate must listen and pay attention to that. You have a duty to present your views to the Committee that I will announce today.

Mr. Temporary Speaker, Sir, hence the reason why we are making comments. That is why it is not a finding. Thank you for your guidance but this is not a finding; I am just giving you my comments. It is a contradiction in terms but more importantly, the only method of popular initiative that has met the constitutional threshold that can be called an initiative is the

Kenya Initiative. This Punda Mzigo and all other things is a waste of time.

(Sen. (Dr.) Machage): Order! I am also pro to the Okoa Kenya Initiative but being on the Chair, I cannot take sides with you.

Mr. Temporary Speaker, Sir, I know. That is why it is a comment.

(Sen. (Dr.) Machage): Can you debate that elsewhere?

Mr. Temporary Speaker, Sir, thank you but again, just like the rest of the Senators, we need to clear the deck on these Petitions. We are taking too long here.

Mr. Temporary Speaker, Sir, I wish to comment on the Petition on the division of revenue. I am sure that we are all aware that this is one of the issues that we are dealing with in the House. I am happy that these citizens have brought up this issue because we have quite a lot to say about the division of revenue using the criteria that we have. Land area is one of those criteria that we use but we have not looked at it very closely. We have considered the land area of some of our counties, for example, Lamu, Mombasa or Kwale as land area only. We have the land and the maritime area which comprises Lamu County, for example. We have been unfair to the people of Lamu or Mombasa County by ignoring to consider that the territorial water which is attached to The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I join my colleagues in appreciating and thanking the petitioners for bringing their Petition to the Senate. However, I believe that this Senate needs to take these Petitions seriously. It appears that Kenyans and residents in our counties out there take this House seriously. When a Petition is presented before the Senate and it takes us three, four or five months, to be responded to, it does not augur well with the public. We need to take them seriously and appreciate that people believe in the mandate of this Senate. We need to expedite the process of reporting on petitions. I, therefore, call upon the particular committees that already have many petitions pending, including my Committee on Legal Affairs and Human Rights - there is a Petition from Nandi County that is still pending. We need to take it seriously, expedite the process and send a message back to the counties so that we do not find ourselves in the same trap as the MCAs and other constitutional institutions which have the mandate to deal with some issues that come through these Petitions. Mr. Temporary Speaker, Sir, with those remarks, I request the Senate and the Committees to take these petitions seriously.

Mr. Temporary Speaker, Sir, I also wish to thank the residents of Bukhayo Central Ward for approaching the Senate. I concur with my colleague, Sen. Musila, that this is evidence of failure in primary oversight. We set up county assemblies to interrogate and be the voice of the people on some of these basic matters. We need to make it our business as a Senate to upgrade the capacity of our county assemblies so that they are in a better position to deal with some of these issues so that the Senate is not flooded with many issues. Yesterday, in my home county, Homa Bay County, there was a very furious fight that erupted in the County Assembly. In as much as we put metal detectors at the entrances of some of these assemblies, we also need to put detectors of pepper because someone went into the assembly with pepper and sprayed it all over other people. That tells you the kind of activities that take place in some of these assemblies. So, we need to make it our business to improve the capacity and upgrade our county assemblies to deal with serious matters. Finally, regarding the Standing Orders, we need an “ Okoa Senate” kind of initiative. When a petition is brought here, we comment on it for 30 minutes. When the Committee processes that petition and brings its report, debate on it is restricted to 20 minutes. When the Committee submits its report, debate on it is restricted to 20 minutes at the pleasure of the Speaker. I would rather we had more time to debate the report of the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): Order. May I advise that you have the mandate to bring a Motion to amend any of the Standing Orders? You are complaining against yourself.

Mr. Temporary Speaker, Sir, we have been receiving petitions from Kenyans of all walks of life and like some of my colleagues have said, we are not processing them on time. That will make them lose confidence in this House. The first Petition from Busia County shows clearly that the county assemblies are not doing their oversight role. These projects must be factored in the budgets they pass and they have the capacity to check whether they are being implemented. This requires physical audit which the county assembly should be doing, because the Auditor- General’s staff will just do audit of books and will not follow what is on the ground. That is why the public is complaining. It might have been done on paper, but it is not on the ground. We need to sensitize the county assemblies to do proper fiscal oversight. Today we are going through the Budget Policy Statement—

(Sen. (Dr.) Machage): Order! I want to refer you to Standing Order No.95. Be careful on your comments on the county assemblies because our own Standing Orders bar you from discussing the conduct of the county assemblies.

Mr. Temporary Speaker, Sir, I stand guided. On the second Petition, when we are discussing the Budget Policy Statement, it is clear that the kind of projected growth rates that we have in this country is in the range of 5 per cent, while the Vision 2030 talks about 20 per cent and above. This Petition has brought up something pertinent because we are not funding the sectors which we expect to propel the economic growth in this country like agriculture and health. It is a pertinent issue and we need to take it up seriously. I support the Petition and hope that we will satisfy the requests of these Kenyans because they have faith in this House.

Mr. Temporary Speaker, Sir, I support the Petition from Bukhayo Ward in Busia County. But I beg to disagree with my colleagues who think that there is failure in the county assemblies. County assemblies all over the country are working. The problem is that whereas in the national Parliament we have tyranny of numbers, in the county assemblies we have tyranny of the governors’ loyalists. The good Members of the County Assemblies (MCAs) who are out there doing oversight and challenging the governors are usually over-run. Therefore, it would be unfair for us to condemn all the MCAs. For example, MCAs in Vihiga County are doing a good job. There is a Petition which came from Vihiga the other day where out of the whole assembly only 13 MCAs refused a bribe from the governor. In Kakamega County, MCAs are doing a beautiful job, which led to the illegal removal of the Deputy Speaker who has since been reinstated by the High Court. Let us not condemn the MCAs wholesomely. It should disturb people in Kenya that whereas Bukhayo Central Ward, like many other wards is complaining about failure to have optics by way of development, one thing that the Controller of Budget is screaming about in her latest release is how county The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Dr.) Machage): You forgot Migori County which spent Kshs170 million. Which number does that make it?

Mr. Temporary Speaker, Sir, I will allow the Chair to have his bite on the cherry. I want to comment about Vihiga County. Whereas the governor is spending millions on foreign travel, the week that he breaks from travelling, he then opens houses that he has build to improve housing in Vihiga County. The funny thing is that the county government has built mud houses which the governor is happily opening. With those few remarks, I beg to support.

(Sen. (Dr.) Machage): We only have five more minutes. I have five speakers and I want all of them to speak. I give one minute to each speaker. Sen. Nabwala.

Mr. Temporary Speaker, Sir, I support the Petition from Bukhayo Central Ward, Busia County. Article 201(a) of the Constitution states that:- “There shall be openness and accountability including public participation in financial matters” If county governments carry out public participation to create awareness so that people in the counties know what is happening, we will reduce petitions to the Senate. Under Article 96 of the Constitution, it is the role and mandate of the Senate to oversight. We need to strengthen our role as the Senate, so that we can interrogate some of the things in the counties. Petitions come to the Floor of this House, we talk about them but we do not conclude them. We need to follow up keenly to find out how petitions are concluded.

(Sen. (Dr.) Machage): Order. Your time is up. Sen. Ongoro.

Mr. Temporary Speaker, Sir, I want to add my voice on the four Petitions. This is a good indication that the county governments and the nation at large are now beginning to appreciate the role of the Senate as stipulated in the Constitution. We have debated in this Senate the teething problems of devolution that are exhibiting themselves in county governments. It is a good indicator that there is an avenue of ventilation that was provided for in the Constitution. Increased communication from the county governments to the Senate and our communication back is a good indicator that we have an avenue to address those problems. This also enhances the relationship between the national Government and The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I think these three petitions are well- founded and rightly here because they fall within the mandate of the Senate. Looking at the Petition from Bukhayo, it reminds me of a ward in my county, Trans Nzioa, where I visited to view projects and was told that Kshs32 million was spent on roads and yet there were no roads but payments had been done. Regarding the issue of agriculture and health, it shows that there is no linkage between national policies and what is happening in the counties. It is important that commitments which we have entered into under Maputo or Abuja declarations. The Senate can play a role in harmonizing all these proposals and come up with a Bill. I think he is reading with us because we have a Bill that we want to sponsor as the Senate to address these issues.

(Sen. (Dr.) Machage): You can go on for one more minute.

Mr. Temporary Speaker, Sir, these petitions show that there is failure in systems. There are quite a number of counties, looking at the reports, where the auditor has gone for auditing but the county governments have refused to give documents to the auditor. The case in point is Trans Nzioa County. The auditor cannot give any opinion because he was denied to any document that would have been used to confirm whether expenditure was rightly done or wrongly done. In this case, why should the auditor not have power to do something about any government that cannot comply with financial regulations? This is going on and the same individuals continue holding office.

Mr. Temporary Speaker, Sir, from the onset, let me support all the petitioners who have brought these petitions to the Senate. It shows that they have faith in this House. I concur with the sentiments of my brother, Sen. M. Kajwang on the need to urgently review our Standing Orders. The timeframe required for a committee to report to the House is too lengthy. I will be consulting with Sen. M. Kajwang so that we can come up with relevant Motions to review those orders. We also need to capacitate the county assemblies. We know that they have undergone many trainings but it is incumbent upon us to work with them and direct them on how to deal with most of these primary issues which they can deal with in the assembly instead of coming to the Senate. It is also incumbent upon the Parliamentary Service Commission not to dilly-dally in raising money to Senators for oversight. If Senators had money for oversight, some of these petitions would be dealt with at the county level.

(Sen. (Dr.) Machage): Order, Senators. I need to decide on these Petitions. There is a Petition by residents of Bukhayo Central Ward, Busia County concerning application of funds set aside under the Busia County Ward Development Fund for the financial year 2014/2015. I make the following ruling, since it was put in Kiswahili, I will do it in Kiswahili. Kwa mujibu wa Kipengele Nambari 227, cha kanuni za Bunge la Seneti, Kamati hiyo inatakiwa kukamilisha uchunguzi wake kwa muda usiozidi siku 60 kuanzia leo, tunapowakilisha ombi hili rasmi na kuwasilisha ripoti itakayotumwa kwa waombaji hao The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Temporary Speaker, Sir. Before you move to the next Order, which is the Committee of the Whole, I notice that we have no quorum in the House. Therefore, if you call for the Committee of the Whole, in fact, we do not have a Chair, do we? Therefore, will I be in order to suggest that you ring the Quorum Bell so that we can bring people here.

(Sen. (Dr.) Machage): Indeed, we do not have a quorum. Let the Quorum Bell be rung for five minutes.

We have a quorum now. Next Order! The electronic version of the Senate Hansard Report is for information purposes

We are in the Committee of the Whole to consider the Office of the County Attorney Bill, (Senate Bill No. 37 of 2014) to be moved by Sen. Sang on behalf of the Chairperson of the Committee on Legal Affairs and Human Rights

Madam Temporary Chairperson, I beg to move:- THAT, Clause 3 of the Bill be amended by deleting the words “Deputy County Attorney” appearing immediately after the words “County Attorney”, and substituting thereof the words “County Solicitor”. The purpose of this is to harmonize the Bill and its wording with the national legislation on the office of the County Attorney where the deputy county attorney is referred to as the county solicitor.

Madam Temporary Chairperson, Sir, I beg to move:- THAT, Clause 4 of the Bill be amended in sub-clause (2)- (a) by deleting paragraph (b) and substituting therefor the following new paragraph- (b) the County Solicitor; and (b) by inserting the word “Board” immediately after the words ‘County Public Service’ appearing in paragraph (c).

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

Madam Temporary Chairperson, Sir, I beg to move:- THAT, Clause 5 of the Bill be deleted and substituted therefor with the following new clause- 5. The County Attorney shall be appointed from among persons- (a) with at least ten years experience as an Advocate of the High Court of Kenya; and (b) who meet the requirements of Chapter Six of the Constitution. The purpose of this is to raise the qualification for the county attorney from five years experience to ten year experience. As a Committee, we felt that it is important to get a very qualified person with the necessary experience as the County Attorney.

Hon. Senator, you do not have to go into details. You can just paraphrase by saying that you propose the Clause be amended as indicated in the Order Paper.

Madam Temporary Chairperson, Sir, I beg to move:- THAT, clause 7 of the Bill be amended- (a) in paragraph (b) by deleting the words “shall have no right to vote on any matter before such committee” appearing immediately after the words “committee meeting but” and substituting therefor the words “as an ex officio member of the executive committee”; (b) by deleting paragraphs (g) and (h); and (c) in paragraph (i) by deleting the word “shall” appearing at the beginning of the paragraph and substituting therefor the word “may”.

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

Madam Temporary Chairperson, I beg to move:- THAT, Clause 10 of the Bill be amended by deleting the words “the Deputy County Attorney” appearing immediately after the words ‘County Attorney’ and substituting therefor the words “the County Solicitor”. Madam Temporary Chairperson, the amendment is to replace “Deputy County Attorney” with “the County Solicitor.”

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, clause 11 of the Bill be amended by deleting the words “the Deputy County Attorney” appearing immediately after the words ‘The County Attorney’ and substituting therefor the words “the County Solicitor”. The amendment is to replace “Deputy County Attorney” with “Solicitor General.”

Division will be at the end.

Division will be at the end. The electronic version of the Senate Hansard Report is for information purposes

Madam, Temporary Chairperson, I beg to move:- THAT, Clause 14 of the Bill be amended- (a) in sub-clause (1) by deleting the words “Deputy County Attorney” appearing immediately after the words ‘delegate to the’ and substituting therefor the words “County Solicitor”; and (b) in sub-clause (2) by deleting the words “Deputy County Attorney” appearing immediately after the words ‘performed by the’ andsubstituting therefor the words “County Solicitor”. This amendment is simply to replace the word “Deputy Attorney” with “County Solicitor.”

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Division will be at the end.

Madam, Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 16 and substituting therefor the following new clause- 16. (1)A department or public entity established within a county government shall not engage the services of a consultant to render any legal services relating to the functions of the County Attorney without the approval of the County Attorney. (2) A request by a department or public entity to the County Attorney to engage the services of a consultant under subsection (1) shall be made in writing. (3) An approval by the County Attorney of a request by a department or public entity to engage the services of a consultant under subsection (1) shall be made in writing. The purpose for this amendment is to provide that if a consultant is to be engaged, the approval must be in writing. This is in conformity with the entire Bill.

Madam Temporary Chairperson, I commend the work of this Committee in particular for raising this particular amendment. Counties are spending huge amounts of money hiring consultants. This provision here will pin down the responsibility to some individual. Therefore, we are moving in the right direction by adopting this particular amendment. The electronic version of the Senate Hansard Report is for information purposes

I will now propose the question.

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Madam, Temporary Chairperson, I beg to move:- THAT, clause 18 of the Bill be deleted and substituted therefor with the following new clause- County Solicitor 18. (1) There shall be a County Solicitor who shall be competitively recruited and appointed by the County Public Service Board. (2) A person is qualified for appointment to the office of County Solicitor if the person- (a) has at least ten years experience as an advocate of the High Court of Kenya; and (b) meets the requirements of Chapter Six of the Constitution. (3) The County Solicitor shall be the principal assistant of the County Attorney in the execution of the County Attorney’s functions under this Act and any other written law. The rationale for this is to enhance the qualifications for the County Solicitor from 5 years’ experience to 10 years’ experience. The reason and rationale is the same. We need very qualified and experienced people to support the counties in this position.

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Madam Temporary Chairperson, I beg to move:- THAT, Clause 19 of the Bill be amended in sub-clause (2) by deleting paragraph (b) and substituting therefor the following new paragraph- (b) meets the requirements of Chapter Six of the Constitution. The electronic version of the Senate Hansard Report is for information purposes

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Madam, Temporary Chairperson, I beg to move:- THAT, Clause 21 of the Bill be amended in sub-clause (2) by- (a) deleting the word “shall” appearing immediately before the words ‘enjoy the same benefits’ in paragraph (b); and (b) deleting the word “shall” appearing immediately before the words ‘be required to comply’ in paragraph (c). This is just to address a typo where the word “shall” was repeated.

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Madam, Temporary Chairperson, I beg to move:- The electronic version of the Senate Hansard Report is for information purposes

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Madam, Temporary Chairperson, I beg to move:- THAT, Clause 26 of the Bill be amended by deleting the word “public seal” appearing immediately after the words ‘custody of the” and substituting therefor the words “county seal”.

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Division will be at the end.

Madam, Temporary Chairperson, I beg to move:- THAT, Clause 30 of the Bill be amended in paragraph (b) of sub- clause (3) by deleting the words “National Assembly” appearing immediately after the words ‘provided by the’ and substituting therefor the words “County Assembly”. This is a Bill relating to the county governments. Therefore, the resources available for use in this office shall be provided for and appropriated by the County Assembly and not the National Assembly.

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

Division will be at the end.

Madam, Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 10- Status of the office of County Attorney. 10A. For the avoidance of doubt, the County Attorney shall have the status and rank of a member of the County Executive Committee.

Madam Chairperson, I beg to move:- THAT, Clause 10A be read a second time. Madam Chairperson, this is a new inclusion looking at the qualification of the office holder and the office of the County Attorney, we realized that we needed to anchor and structure it properly within the setup of the county public service and to give the County Attorney the status which is the same as that of the County Executive Committee (CEC) Members because they will be sitting together within that county cabinet. As a Committee we thought that this section is important to anchor these positions properly within the structure of the county government. I ask Sen. Mutula Kilonzo Jnr. to second.

Thank you madam Chairperson, I beg to second. ( Question, that New Clause 10A be read a

On a point of order Madam Chairperson, it is not that I am opposing this but I do not know how this Clause shall be, considering that this is an Act of Parliament because under the Constitution, the CEC Members are provided expressively under the Constitution. If we now raise them to the rank of executive committee, how will that be in tandem with the Constitution because this is just an Act of Parliament? Madam Chairperson, does it mean that when a governor is appointing an attorney, he must include in his executive committee an attorney so that he can be at that rank because he will be appointing as per the constitutional provisions or would this be a separate clause that we are providing for knowing that the rules that an Act of Parliament cannot override the express provisions of the Constitution? I just wanted a clarification. Thank you. The electronic version of the Senate Hansard Report is for information purposes

Sen. Sang, I think it would be proper for you to give further clarification but before that, let me give the Floor to Sen. (Dr.) Machage.

Thank you Madam Chairperson. My concern is the phrase “for the avoidance of doubt”. Really, Sen. Sang is a lawyer and I think this phrase was unnecessary if the objective was to have that status, then the phrase should just be “the county attorney shall have the status and rank of a member of county executive committee”. Madam Chairperson, I do not think Sen. Ong’era’s observation would hold much water. You can have the same rank and status but not in terms of payments and respect but you are not an executive member. So, you are out of the constitutional election mandate. I would not buy that. It is only that the opening clause is not a very good clause.

Thank you Madam Chairperson. The thinking of the committee at the time was not to make the County Attorney subservient to the persons who are serving as executive members. The intention of the committee at the time was to ensure, just like the Attorney-General in Kenya, that the county attorney can sit in the county executive committee. Therefore, it is what we call numero uno. He is able to sit in the county executive committee, his appointment is the same as the county executive committee. In terms of approval and removal, his is the same as that of the county executive committee, so that he is able to advise and liaise. Madam Chairperson, any other way would mean that he will not be able to give advice to the County Executive Member being subservient to them. That is the purpose so that he can issue a direction to a County Executive Member in the way the Attorney- General is the legal adviser and, therefore, the Ministers are not under obligation to follow that advice.

Thank you. I hear you but can the Mover shed further light on the issues that have been raised by Sen. (Dr.) Machage and Sen. Ong’era.

Thank you Madam Chairperson. With regard to the point raised by Sen. (Dr.) Machage, I want to mention that it is really the advice we got from our drafting team in terms of proper practice of drafting; that it was important for us to indicate that for the avoidance of doubt, the status of the County Attorney shall be the same rank as that of the member of the CEC. That is drafting practice. Madam Chairperson, with regard to the issue raised by Sen. Ong’era, you will realize that the procedure for appointment, the Constitution indicates that there shall be CEC members but the details of how they are appointed and the approval process is detailed within the County Governments Act. The County Governments Act will enjoy the same status as the office of the County Attorney Bill, once it becomes an Act of Parliament. Therefore, since this position was not captured within the County Government Act, we are providing a new Act, the procedure for appointment and that does not disagree with the Constitution because if you look at the Constitution, it has not expressly prohibited the creation. Madam Chairperson, in fact, it has given the national Parliament the powers to create an office and we have done that by creating the office of the County Attorney. If you look at the qualification of the County Attorney, the mandate given to this office and The electronic version of the Senate Hansard Report is for information purposes

I think that is enough clarification and you are satisfied.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended by- (a) inserting the following new definition immediately after the definition of the word “County Legal Counsel”- “County Solicitor” means a person appointed as such under section 18. ; and (b) deleting the definition of the word “Deputy County Attorney” Again the reason is the same.

Madam Chairperson, pursuant to Standing Order No. 139, I beg to move that the Committee of the Whole doth report progress on its consideration of the Office of the County Attorney Bill (Senate Bill No. 37 of 2014) and seek leave to sit again tomorrow.

seconded.

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Mr. Temporary Speaker, Sir, I beg to report progress; that the Committee of the Whole has considered the Office of the County Attorney Bill, (Senate Bill No. 37 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee of the Whole in the said report.

I propose the Question that Clause 3 be part of the Bill.

Thank you, Madam Temporary Chairperson. I beg to move:- THAT, Clause 3 of the Bill be amended by deleting the proposed new section 45A and substituting therefor the following new sections – Issuance of result slip. 45A. (1) The Council shall, upon releasing the Kenya Certificate of Primary Education or the Kenya Certificate of Secondary Education examination results, transmit the result slips of all candidates to the respective examination centres within a period of one month from the date of release of the results. (2) A head-teacher or principal of an examination centre shall release to the respective candidates, the result slip received under subsection (1). Issuance of 45AA. (1) The Council shall, within a period of two months from the The electronic version of the Senate Hansard Report is for information purposes

Thank you Madam Chair. First, I commend Sen. Musila for this new amendment. I know from the Committee of Education that there has been a lot of discussion in trying to streamline and solve the issuance of examination certificates through the district education office. The issue of the result slips has also caused a lot of problems. Students usually wait for a long time before they get their examination certificates. With this amendment, it will be possible for them to collect their certificates quickly and they will be doing this from a central point which is their respective examination centres. From there, they can be scrutinized to ensure that they are the exact owners. The amendment gives the provision for that scrutiny and a time limit of two months from the release of the certificates. The amendment moved away from the District Education Officer who would be deemed far removed from the examination centres and probably keeping the control of the issuance of the certificates within the centres. With this, the issuance will be expedited without the headteachers holding on to them because of fee issues. Thank you.

I propose the Question that Clause 2 be part of the Bill.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended by inserting the words “Section 2 of” immediately before the words “The Kenya National”. The proposed insertion on Clause 2 is simply to make it meaningful. You will notice that we omitted the word ‘of’. It is just a matter of tiding it up and making it clear. Thank you.

Madam Chair, I support this amendment; but may I point out that the practice of legislation does not compel this House to take care of clerical matters. The assumption usually is that, this goes to the Attorney-General’s office that sorts out the typographical errors. Therefore, for purposes of record, let us set it straight. I support.

I propose the New Clause 2A.

Madam Temporary Chairperson, I beg to move:- THAT, the following new clause be inserted immediately after clause 2- 2A. The principal Act is amended in section 10 by inserting the following new subsection immediately after subsection (2)- (3) A person who contravenes the provisions of subsection (1)(b) commits an offence and shall be liable, upon conviction, to a The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Chairperson, I beg to move:- That, New Clause 2A be read a Second Time. Again, the purpose of this new Clause is to enforce Clause 20 of the mother Act. The Act provides that no institution or individual shall withhold certificates. That is why we stopped. It is from the experience that we have seen that although the law was enacted in 2012, teachers are still keeping the certificates because there was no penalty prescribed. Therefore, the purpose is to put a penalty of Kshs 200, 000 or imprisonment for a term not exceeding six months or both for those teachers or institutions that withhold the certificates.

Thank you. Who is your seconder, Sen. Musila?

Mention his name for the sake of records.

I request Sen. Obure to second.

seconded.

Thank you.

Madam Temporary Chairperson, this is what I have concerning New Clause 2A. I am a big proponent of the non-withholding of certificates because the only person who may withhold certificates is a headteacher somewhere in a village and the fine and imprisonment is extremely high. We should have reduced it. We should make it punitive in terms of the offence but reduce the penalty. We might alienate our very big supporters who are teachers in the process. That is my view.

Madam Temporary Chairperson, I would like the Mover of the Bill to clarify to me why we find this New Clause necessary given what is in Section 45A(a)(vii) on the same page. Just above the New Clause, there is the same provision; that a person who contravenes the provisions of this Section commits an offence and shall be liable on conviction to a fine not exceeding Kshs200,000 or to imprisonment of a term not exceeding six months, or both. How is it different? How does that New Clause make it tighter? Are we not being repetitive? Just clarify to me.

The Mover, you need to clarify because Clause 7(2)(a) actually repeats what we already have word for word. Could you clarify? The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Chairperson, you can see my feelings about this. That is why I have been struggling with this since 2004. Last time, as I told you when you were on the Chair; that when I moved this Motion, I did not even have a single grey hair. When you look at my head, you will see a lot of grey hair. I am frustrated. Maybe, that is why I am repeating.

Therefore, I will have no objection to removing it altogether, because it is repetitive. However, since we are going to the principal Section 10(b) – that is where this amendment belongs – I think the New Clause is relevant. If we were to remove any, then, we should remove the previous one. However, because this one enforces the already existing law of Section 10(b)---. My lawyer, Sen. Mutula Kilonzo Jnr., who has even gone to the High Court with me on this matter, will agree that it is very relevant that the last New Clause be held but I have no objection to deleting the previous one.

I will give the Floor to Sen. Ong’era and another intervention to Sen. (Dr.) Khalwale. However, I want to draw your attention to read with me again because Section 7 states: “A person who contravenes the provisions of this Section.” It does not talk about provisions of this Act. If we sustain it in reference to this Section, it means that it might be referring to the punitive measure for contravening the Section and this one also for contravening this New Clause 2A(iii), if you look at it like that. I know it is repeated but it means that you will be punishing a person for contravening provisions of that Section. We will come to you later. Let me give the Floor to Sen. Ong’era and then Sen. (Dr.) Khalwale.

Madam Temporary Chairperson, I just wanted to support the New Clause 2A that is being introduced. We know that the Mover of this Bill has been very passionate on this issue. I think the intention is to make it extremely impossible for teachers to withhold certificates; that they must immediately release them. That is the idea of New Clause 2A. In other words, if you do not release certificates, it means that you will have to pay the Kshs200,000 fine or face imprisonment for six months, or both. I think it is a necessary provision. I thank you.

Madam Temporary Chairperson, I just wanted to request the Mover to then move an amendment without notice, that we delete Section (vii) under Section 45A(a), so that we remain with the New Clause 2A.

Before the Mover responds, I just want to take you back to my earlier clarification that this Section refers to a person contravening the provisions of this Section and not the Act. If they had substituted the word “Section” with the word “Act”, then, we would say that New Clause 2A is repetitive but they are very specific by mentioning “this Section.” That means it refers to this particular Section. This one fortifies whatever is supposed to be a different Section. The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Chairperson, in real sense, the Mover has created two separate offences for two separate Sections but not one. Therefore, there is a penalty in Section 10 and another one in Section 45. It appears the same but it is actually different. So, you can actually be charged for committing an offence in Section 10 and Section 45.

That is also my take. That being the case, therefore, we can sustain both, because they refer to different Sections.

Madam Temporary Chairperson, I thank the contributors to that. I have also persuaded my brother, Sen. (Dr.) Khalwale, to withdraw whatever he said; that it remains the way it is because it does no harm even if it is repeated.

He does not need to withdraw. We will sustain his submission for the records, but we will also sustain all these. You have convinced us. Thank you very much Sen. Mutula Kilonzo Jnr. That being the case, I can now put the question.

Division will be at the end. Let us proceed.

Division will be at the end. We are through with the amendments. Could the Mover report progress?

Madam Temporary Chairperson, pursuant to Standing Order No.139, I beg to move the Committee do report progress on its consideration of the Kenya National Examinations Council (Amendment) Bill (Senate Bill No. 7 of 2015) and seek leave to sit again tomorrow.

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

Thank you, Mr. Temporary Speaker, Sir. I beg to report progress; that the Committee of the Whole has considered the Kenya National Examinations Council Amendment Bill (Senate Bill No.20 of 2015) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to move that the House doth agree with the Committee in the said report.

seconded.

On a point of order, Mr. Temporary Speaker, Sir. I insist that the casual manner in which we are moving away from the tradition of Parliament will start from small transgressions and move on to something grave. The purpose of the Chairperson of the Committee of the Whole reporting to the Speaker is that the Chairperson is now reporting to the whole House. There was good reason why the Speaker could only go to that Chair from the main entrance or from the Speaker’s backroom. When you now emerge from the Plenary and go to the Speaker’s Chair, it means that the Committee of the Whole is reporting to itself. Therefore, it is important that since you are new in the position, it be encultured that you can only be reported to because you were not part of the Committee of the Whole.So, you want to hear what took place. It is wrong for the Speaker to be coming from the plenary. He should be coming from the back or the front. That is the tradition even in Commonwealth ---

Other than tradition, do you have a specific supporting Standing Order?

Mr. Temporary Speaker, Sir, Standing Order No.1(2) which provides as follows:- “The decisions made in paragraph (1) shall be based on the Constitution of Kenya, statute law and usages, forms, precedents, customs, procedures and traditions of the Parliament of Kenya and other jurisdictions to the extent that these are applicable to Kenya.” Do not take this lightly because I remember this law on 15th January, 2008, saved the country. Sen. Orengo had moved that the Clerk could not swear Members to take the oath. However, Speaker Marende who had just been shortly brought to the seat was The electronic version of the Senate Hansard Report is for information purposes

Sen. (Dr.) Khalwale, thank you for that concern. The Speaker will pronounce himself to that particular matter. However, you also need to note that if you have a Member of the Speaker’s Panel, our own Standing Order Nos.15 and 16 on the appointment of the Members of the Chairperson’s Panel, you will appreciate that these Members are Members of the House and they are entitled to participate in the deliberations of the House. If, for example, you are talking about the Speaker himself and not a Member of the Panel, you definitely will not find a situation where the Speaker is emerging from the Floor of the House and taking up the seat. However, if you are talking about a Member of the Panel who is a Senator and who is entitled to participate in the deliberations of the Senate, if that particular Member of the Panel has to preside over the House as the Speaker, there cannot be any provision that cannot allow such a Member to move from the plenary and proceed to assume the position of the Speaker. Do you want to pursue that matter further?

On a point of order, Mr. Temporary Speaker, Sir. I want to pursue it because it is important. Standing Order Nos.15 and 16 are not new under the current Parliament. Even in previous Parliaments, these Standing Orders were there; only that they were numbered differently. The tradition is then the Clerk – Mr. Mogere has done it severally – informs the Member who is a Member of the Speaker’s Panel who will be the one that the Chairperson will be reporting to, to then withdraw from the plenary and go to the Speaker’ office or the space behind. That has been the tradition. Why do we want to break it?

Noted. Thank you, Sen. (Dr.) Khalwale, for that point. Next Order! Order No.12 is deferred. Sen. Hassan, the Mover of that Bill, is not in the House.

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

Hon. Senators, we are in the Committee of the Whole again to consider the Office of the County Printer Bill (Senate Bill No. 42 of 2014) by Sen. Mutula Kilonzo Jnr. The Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 4 of the Bill be amended in sub-clause (2) by deleting the words “county Secretary” appearing immediately after the words “office of the” and substituting therefor the words “county executive committee member”.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 5 of the Bill be amended- (a) in paragraph (a) by inserting the words “within seven days of such authorization” immediately after the words “an authorized officer”; and (b) in paragraph (b) by deleting the word “government” appearing immediately after the words “the county” and substituting therefor the words “executive and the county assembly”. Madam Temporary Chairperson, following the amendments in Clause 4, the Committee on Information and Technology proposes that Clause 5, part “a” and “b” be amended as proposed.

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Madam Temporary Chairperson, I beg to move:- THAT, Clause 8 of the Bill be amended- (a) in sub-clause (2) by deleting the word “may” appearing immediately after the words “county printer” and substituting therefor the word “shall”; and (b) by inserting the following new sub-clauses after sub-clause (2)- (3) For purposes of subsection (1), the county printer may publish an electronic version of the gazette and such version shall have the same effect as a physical version of the gazette. (4) The county printer shall make available issues of the gazette to the National Council for Law Reporting. We have proposed that the word “may” be replaced with the word “shall” as proposed in the Order Paper to make it mandatory for the special issue of county gazette to be published when required. In “b”, we have proposed that a new sub-clause “2” be added into sub-clause 8 to include sub-clause 2, 3 and 4 to ensure that this Bill complies with the digital system so that we can have a digital county gazette. I propose that it be amended as proposed.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 9 of the Bill be amended in sub-clause (4) by deleting the words “the county executive committee member” appearing immediately after the words “may be assigned” and substituting therefor the words “any other written law” appearing in paragraph (f). We propose that clause 9 of the Bill be amended as proposed in the Order Paper so that we can change the words “county executive committee member. It is pretty straightforward.

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Madam Temporary Chairperson, I beg to move:- THAT, Clause 12 of the Bill be amended by deleting the words “county secretary” appearing immediately after the words “subject to the provisions of this Act” and substituting therefor the words “county executive committee member”. In order to have consistency in the amendments in Clause 4 and 5 which had proposed that the authorised officer be the county secretary, we have deleted the words “county secretary” appearing after the words “subject to the provisions of the act” and replaced with the words “county executive member” who is now the authorised person.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended by- (a) deleting paragraph (c) appearing in the definition of the term “authorized officer”; (b) inserting the following new definition immediately after the definition of the term “authorized officer” - “county executive committee member” means the county executive committee member responsible for matters relating to information; (c) deleting the definition of the term “county secretary”. Madam Temporary Chairperson, in order to have uniformity in who authorizes the printing of this county gazette, we have proposed to delete paragraph c, the definition of the authorised officer, inserting the words “authorised officer as the county executive and then deleting the definition of county secretary as proposed above.

Madam Temporary Chairperson, I beg to move:- The electronic version of the Senate Hansard Report is for information purposes

We are through with the amendments. Mover.

Madam Temporary Chairperson, I beg to move that the Committee of the Whole reports progress on its consideration of The Office of the County Printer Bill (Senate Bill No. 42 of 2014) and seeks leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Office of the County Printer Bill (Senate Bill No. 42 of 2014) and seeks leave to sit again tomorrow.

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

seconded.

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Clerks-at-the-Table, how many minutes does Sen. Obure have? You have a balance of 59 minutes.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity. At the rise of the House yesterday, I had moved that the Kenya National Examinations Council (Amendment) (N0.2) Bill (Senate Bill No.14 of 2015) be read a Second Time. The principal object of this Bill is to amend the Kenya National Examinations Council (KNEC) Act in order to provide for the establishment of an independent appeals tribunal. Provision of education to citizens of this country and the manner in which examinations are administered has a direct impact on the qualifications of public officers available to discharge the functions of the county governments, as envisaged and provided for under Part 2 of the Fourth Schedule of the Constitution. All county governments, therefore, must have a keen interest on the subject of provision of education and the way national examinations are administered. It has a strong relationship with the success of devolution and performance of devolved units, particularly in the area of service delivery. Article 43(1)(f) of the Constitution guarantees every Kenyan the right to education. It further envisages that the education provided will meet certain minimum quality standards. Examinations are, therefore, a means of ensuring quality education and assessing the readiness of students to move from one level of education to another. Therefore, the question of integrity of our national examinations system is important. Our examinations system must be sound and beyond reproach. We all have a duty as citizens to protect the integrity of our national examinations system. Section 10(2)(e) of the KNEC Act gives the Council power to withhold, nullify or cancel the results of a candidate and candidates suspected to have been involved in irregularities or malpractices. My problem is that this law gives KNEC absolute and unquestionable powers to withhold, cancel or nullify candidates’ examination results without giving any explanation whatsoever, therefore, leaving victims without recourse or option. From the results that were announced last month, a total of 2,709 candidates who sat the Kenya Certificate of Primary Education (KCPE) in 2015 had their results nullified because of being suspected of cheating. The 2,709 young Kenyans were consequently condemned and denied the opportunity to advance their studies further. They were also denied the opportunity to be heard. Most of these children are aged 14. In 2011, 8,000 KCPE candidates were affected because their results were cancelled. In 2014, about 3000 students did not get their KCSE results because of suspected cheating. This experience is encountered every year when results of The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I rise to second this amendment Bill. There is a saying that a child who has washed his hands clean is fit to dine with elders, but that does not make him an elder. So, I do appreciate that Sen. Obure is like a father to me considering the great service he has rendered to this nation. I am only a child who has washed his hands clean. Few Acts of Parliament have attracted the kind of attention that the Kenya National Examination Council (KNEC) Act has attracted. If you recall, it was only in December 2015, that the President assented to amendments to KNEC (Amendment) Act that abolished examination fees in primary and secondary schools. That Act was effective 2nd February, 2016. It is good news for the children and parents in Kenya that effective this year, children will not be required to pay examination fees. Mr. Temporary Speaker, Sir, in 2015, even though the distinguished Senator for Kitui County said that he came up with this Bill when he did not have any grey hair, he proposed an amendment Bill to direct KNEC to release examination results and it is a matter that is still alive in this House. I, therefore, firmly support this further amendment The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. First, I congratulate my brother, Sen. Obure, for this timely Bill and the contributions that he has made while moving it. I also want to congratulate Sen. M. Kajwang for the excellent contributions that he has made. This is an important Bill. This House should express concern over the issue of cheating in examinations. This is because of the culture of corruption that is rampant in this country; that cheating in examinations has reached the levels it has reached at the moment. Happily, it has not gone to the levels I saw in India where parents climb walls to go and reach the source of the examination in order to cheat. Mr. Temporary Speaker, Sir, that notwithstanding, it does not give us any comfort because the quality of leadership in this country in the future, whether in industries, in government or wherever it is, will depend on the quality of education that our children get. Therefore, when children resort to cheating in examinations, they are taking a shortcut and, in future, if we allow that practice to continue, there is no doubt that we will have poor leadership in every sector of our economy. The KNEC has in the past been given powers that are excessive. How does one body set examinations, administer examinations, do the marking and make a decision which is always final; that they are withholding and cancelling this examination without another body or those who are affected being given a chance to make an appeal? The rule The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I join my colleagues in congratulating and thanking Sen. Obure who is “enjoying” his neighbour that he went to USA in 1964 when most of us had not been born. I had been born. I was one year old then. It is surprising that we can hear such a statement from Sen. Musila. In 1964 when they did their quality examinations, I note that maybe during that time, quality and standardization of our examinations was still being held at Cambridge in London. That is why they had high esteem; that they could go anywhere. However, as you may recall, Mr. Temporary Speaker, Sir, that even when Sen. (Prof.) Kindiki and I, went The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, in the report where Prof. Kaimenyi gave the results for the 2014 group, around March, 2015, he indicated at that time that the grades of 2,975 candidates had been cancelled. This included five national schools. That sent shivers down the spines of most Kenyans that even in national schools, this cheating scam was rampant there. At that time, when he was the Minister for Education, he reported that this was a significant drop from 3,812 candidates. This was a drop in figures. However, 2,975 is a bad figure to report when it comes to issues of cheating. What comes into your mind is: What is happening to our young people, their confidence and reading abilities? They want to score “As” without working for them. They want to look for all means to get there. What was most shocking is that when he gave those results, he went on to further assert that in one way or another, teachers and principals were part of the cheating. This reminds me of a story my father told me many years ago about students in Form Four who were sitting for an exam and there was somebody who was herding cattle just around the corner. All those students would just be looking up and when the herder said something, everybody would write. Apparently, this was the teacher pretending to be herder and giving answers

Order, Senator. Sen.(Dr.) Zani! You will have 13 minutes to conclude your contribution when debate on this Bill resumes.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday, 23rd February, 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