Hon. Senators, I have a short communication to make on visiting delegations from various county assemblies on attachment at the Senate. I would like to acknowledge the presence in the Speaker’s Gallery, this afternoon, of visiting staff from Nyamira and Kericho county assemblies. The county assembly staffers are here on a five-day attachment visit in similar departments at the Senate. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition. They are:- From Nyamira County Assembly Research Department:- 1. Alloice King’ala - Principal Information and Research 2. Eveyne Kiage - Research Officer II 3. Boniface Ondieki - Research Officer II 4. Justin Ogechi - Research Officer III 5. Christopher Kinanga - Research Officer III From Kericho County Assembly Sergeant-at-Arms Department:- 1. Justus Maritim - Commissioner 2. Benjamin Byegon - Security Warden 3. Julius Sang - Security Warden 4. Kiprono Rugut - Security Warden 5. Diana Chepkemoi - Security Warden I hope that they have a fruitful programme. On behalf of the Senate and on my own behalf, I welcome them to the Senate and wish them well for the remainder of their stay. The electronic version of the Senate Hansard Report is for information purposes

Is the Chairperson of the Sessional Committee on County Public Accounts and Investments here?

Mr. Deputy Speaker, Sir, if you may allow me a minute so that I can consult the secretariat to get the relevant documents to table.

Sen. Okong’o, can we defer this issue for a little while? I will reorganize the Order Paper.

Most obliged, Mr. Deputy Speaker, Sir.

Next Order.

Sen. Okong’o, you are supposed to seek a statement. Proceed. VALIDITY OF WEATHER FORECASTS ISSUED BY KENYA METEOROLOGICAL DEPARTMENT

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding weather forecast issued by the Kenya Meteorological Department (KMD). In the statement, the Chairperson should state:- (1) The methodology used by the KMD to get the weather forecast and whether the methodology conforms with the established global standards. (2) Whether the KMD is well equipped and has adequate infrastructure and manpower to give reliable forecasts. (3) The credibility of the forecast issued by the institution, including the El nino forecast last year.

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

Is the Chairperson of the Committee here?

Mr. Deputy Speaker, Sir, I am here. Sorry I was consulting the Senator for Kakamega County.

Am sure on a different issue.

Yes, on a different issue, not on this one. We will endevour to provide the statement in two weeks’ time. Should we not be ready, I will report progress to the House.

Sen. Okong’o, is that okay with you?

I have no issue, Mr. Deputy Speaker, Sir.

That is good. I so order, in two weeks’ time let us get the statement. I have no further request for statements. Sen. (Prof.) Lonyangapuo, I understand your statements are still undergoing process. Maybe they will be ready tomorrow. Sen. (Prof.) Anyang’-Nyong’o, you may proceed.

Mr. Deputy Speaker, Sir, I had sought leave of the Senate to make a statement on a matter which is important to us---

Sen. (Prof.) Anyang’-Nyong’o, would you allow me a minute so that Sen. (Prof.) Lonyangapuo can first seek a statement? I am seized of your request. SHORTAGE OF TEACHERS IN WEST POKOT COUNTY

Mr. Deputy 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 shortage of teachers in West Pokot County. In the statement, the Chairperson should:- (a) State whether he is aware that schools in West Pokot County have a shortage of 2,023 teachers in primary schools, which translates to a shortage of 46 per cent of the required number and 532 teachers in secondary schools, translating into a shortage of 48 per cent of the required number. (b) Explain why the children of West Pokot County are being denied their right to education contrary to Article 53(1)(b) of the Constitution of Kenya. (c) State when the teachers will be deployed and/or employed to cater for this shortage. (d) Explain the immediate remedial measures that the Government will take to deal with the current situation. Mr. Deputy Speaker, Sir, I have another statement.

Are they both related to the Committee on Education?

Yes, Mr. Deputy Speaker, Sir.

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

Mr. Deputy Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek for a statement from the Chairperson of the Standing Committee on Education regarding the remittance of teachers’ sacco deductions by the Teachers Service Commission (TSC). In the statement, the Chairperson should address the following:- (a) Explain whether he is aware that the TSC has been effecting statutory deductions from teachers’ salaries, but has not been remitting the same to the teachers’ saccos in the country. (b) Explain why the TSC has not been remitting the said deductions. (c) Explain the measures that the Commission will put in place to ensure that the deductions are remitted within the stipulated time.

Mr. Deputy Speaker, Sir, I undertake to give response to these concerns in two weeks’ time.

On both issues?

Yes, Mr. Deputy Speaker, Sir.

Sen. (Prof.) Lonyangapuo, is that okay?

Yes, Mr. Deputy Speaker, Sir.

Okay, let us have the statements in two weeks’ time.

Mr. Deputy Speaker, Sir, I had earlier sought leave of the House under Standing Order No.45(2)(a) to make a statement and bring the attention of the House to a matter that concerns us as Kenyans, Africans and East Africans. Mr. Speaker, Sir, last week general and presidential elections were held in Uganda. The outcome of the presidential election has been very problematic. This is the first time in an African country where an election is held and there is no celebration of victory anywhere. If anything the victory rally that President Museveni had planned in Kampala had to be cancelled because of tremendous discontent of the Ugandan people on the conduct of the election, the degree of freeness and fairness and the interference by the State in the democratic process to subvert democracy and deny the people of Uganda the freedom to choose their leaders without fear or hindrance. We sit on a precipice of disaster. Like it happened in the 1970s, we may sooner than later, have to accommodate our Ugandan sisters and brothers in Kenya because of insecurity in their country. It is, therefore, we, as Kenyans, to become seized what is The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. (Prof.) Anyang’- Nyong’o! I allowed this request for statement with my eyes open. It is a very thin line. I would like not to caution you, but to bring to your attention the provisions of Standing Order No.90(1). It says:- “Neither the personal conduct of the President, nor the conduct of the Speaker or of any judge, nor the judicial conduct of any other person performing judicial functions nor any conduct of the Head of State or Government or the representative in Kenya of any friendly country or the conduct of the holder of an office whose removal from such office is dependent upon a decision of the Senate shall be referred to adversely, except upon a specific substantive Motion of which at least three days’ notice has been given.” Therefore, the moment you mention President Museveni, I will stop you because of the provisions of that Standing Order.

Thank you, Mr. Speaker, Sir. I stand guided. I will definitely honour your directions. In the African scene, in the early 2000s when I was Minister for Planning and National Development, most African countries, indeed, all members of the AU, signed themselves to the African Peer Review Mechanism (APRM). The reason we acceded the APRM was because of the importance we attach to democracy in the new surge for good governance in our continent which is really needed for development. Since then every African country which signed up to the APRM has been reviewed by their peers, including Uganda. If you read the report by the APRM, there is no doubt in my mind that all those reports, including the one on Kenya, lays emphasis to The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Deputy Speaker, Sir. I consulted with the Clerks-at-the-Table as to whether we can make complementary contributions to this Statement and they advised me that it is possible to do so. I, therefore, seek your leave for me to do so.

Sen. (Prof.) Anyang’-Nyong’o requested to make this statement under Standing Order 45(2)(a), and I approved it. The request to make the statement under Standing Order 45(2)(a) is very clear. It says:- “I would like to make a statement on the Floor of the House on the recently concluded elections in Uganda.” I allowed him to make the Statement, whose request came in good time. Standing Order 45(4) reads:- “No Senator making a Statement under this Standing Order shall speak for more than ten minutes, unless with the permission of the Speaker.” Sen. (Prof.) Anyang’-Nyong’o spoke within the 10 minutes. I am sure the reason you sought the opinion of the Clerks-at-the-Table is because it is clear that if he was seeking a statement from anybody in the Government on the issue of the elections, in the normal procedure that we have adopted in the Senate. He could have ridden on that seeking of a statement, so that when an answer is given you could be taken into account. However, Sen. (Prof.) Anyang’-Nyong’o made a Statement. Since Standing Order 45(4) says that no Senator making a Statement under this Standing Order shall speak for more than ten minutes, unless with the permission of the Speaker, I interpret it to mean the Senator making the statement. It does not open a window for other Senators to contribute. That is my interpretation. I know that Standing Order 46 is clear that there shall be no debate. In the same way, if my interpretation is clear, Sen. (Prof.) Anyang’-Nyong’o has made the statement that he wanted to make.

On a point of order, Mr. Deputy Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes

Let us not be argumentative. I am sure Sen. (Prof.) Anyang’-Nyong’o understood this because I cautioned him when he was beginning. He has done very well because I raised with him the issue of Standing Order No.90. I will not open this debate because---

Sen. Wetangula, you sought a direction very respectfully and withdrew from the Table. That means that you accepted that there was going to be a direction. That is the direction I have given.

You are always fair, Mr. Deputy Speaker, Sir.

Sen. Wetangula, it is not about fairness. I know that I am fair, but you also know that I am very firm. You sought a direction and I have given it. I will not allow you to debate this issue, but you can make a comment which does not touch on the debate on this issue.

Thank you, Mr. Deputy Speaker, Sir, for that fairness. Standing Order No.45(2)(a) that the distinguished Senator for Kisumu County made the statement under does not exclude other Senators with interest in the matter from making comments. Secondly, Standing Order No. 45(4) limits the Senator making the statement to ten minutes. It does not say that the matter of that statement must be concluded in the ten minutes. The ten minutes is limited to the Senator making the statement. Other Senators can make statements on that statement within the discretion of the Chair. But more important, a precedent has been set by the Chair. Everytime statements are made or sought you allow other Senators to complement them. Equally important, as my distinguished senior in law you know the maxim “expressio unius est exclusio alterius.” The reason we have Standing Order No.46 within the context of that maxim is that it is about a statement of a personal nature. The House rules do not allow Members to debate a statement of a personal nature made by a colleague. For example, if one was assaulted or something happened, we leave it there. However, this is a statement of general topical concern. I want to implore you to interpret the Standing Orders liberally as the Constitution requires, and allow those of us who have tremendous interest in this matter. In the difficult days of Uganda, my county housed more than 50,000 refugees from Uganda. We have a very keen interest to know what is happening in Uganda, so that we do not fall back to those dirty old days. Kindly, allow me a few minutes to say something.

Mr. Deputy Speaker, Sir, I compliment you for opening up to Sen. (Prof.) Anyang’-Nyong’o to ask for this Statement. It was a difficult decision. Having done so, may I point out two things: First, the Speaker of the Senate is a Senator and whenever he makes a statement through Communication, he normally allows us to intervene---

Order, Sen. (Dr.) Khalwale! I know the difference in all these issues. The point I am making is that if you listened to me The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, could you allow me to make a short comment?

You can comment because I have no issue with that, but it is important that as hon. Senators, in the same way you have your positions, you must accept the Chair who has the right to make a ruling under the provisions of the Standing Orders. It is important to respect that because from that, we can easily conduct business. Otherwise, you can raise points of orders until 4.00 p. m. and my ruling will stand. I appreciate if my ruling is wrong and that a different Chair can give a varied ruling. However, above all, I have made a ruling.

On a point of order I stand with humility to request the Chair under difficult circumstances to reconsider opening the Floor to some comments from the Members using the prerogative you are given under Standing Order No.1. Secondly, when I sought the permission of the Clerks-At-the-Table to raise this matter, they advised me to do it under Standing Order No.45(2)(a). However, I requested whether other Senators could comment and the reaction was that they could. The electronic version of the Senate Hansard Report is for information purposes

Sen. (Prof.) Anyang’-Nyong’o strengthens my position that I have taken because he has moved from Standing Order No.45 to Standing Order No.1. The reason I made that ruling - believing it is correct in the circumstances - is because it is novel. We cannot say because we have done it before, we must also do it. If it were that easy, Sen. (Prof.) Anyang’-Nyong’o being an experienced Senator, would not have asked me to use my discretion under Standing Order No.1. What we shall do is to await a finding by another Chair in the future to bring in the dynamism the Senate Minority Leader has talked about. But as of now, I have made a ruling.

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

Let me ask you a question before you raise your point of order. You are all giving it to your interpretation, are you not? The interpretation may come out contrary. All of you must agree on one interpretation. With a lot of humility, I have given one direction in order to bring the debate to a close because you have different views on the issue. The points of order you are raising might help the position in the future, but not today.

Mr. Deputy Speaker, Sir, we are guided by the Standing Orders in this House. Standing Order No.45(4) provides for 10 minutes. It does not provide that it starts and ends within 10 minutes and that no other Senators shall make a contribution. Standing Order No.46 is different from Standing Order No.45 and both cannot be read and applied together. If this is a Personal Statement, we would be guided by the Standing Orders. However, because it is of a topical nature, there is no reason why we should not make a contribution. If allowed, we are not going to discuss about anybody, but to comment on issues that affect countries that neighbour Kenya. Sometimes we, as leaders, have the right to participate---

Order, Sen. Muthama! You are getting the Chair wrong. I am not being protective and that is where the Members are getting it wrong. You have said you will not mention names and I respect that. Understand me that I am not being a protectionist, but I am interpreting the Standing Orders.

Mr. Deputy Speaker, Sir, I am not challenging the Chair, but Standing Order No.45 (4) is not applicable in this matter. Sen. (Prof.) Anyang’-Nyong’o did not issue the statement under Standing Order No.46. Tomorrow, you may transfer Stranding Order 70 to be read together with Standing Order 81 and tell us that, that is the ruling. The Standing Orders must be obeyed. We can read between the lines that what is being applied is not right. I rest my case.

On a point of order, Mr. Deputy Speaker, Sir. Standing Order No.45(2)(a) is specific because a Member sought a statement. There have been different opinions of Members, the Chair and other gurus of law. Such an issue would be appearing every so often because what Sen. (Prof.) Anyang'-Nyong'o sought will not be The electronic version of the Senate Hansard Report is for information purposes

I am sure you are not suggesting I have not thought out what I have said.

Mr. Deputy Speaker, Sir, an argument of some sort ensued in House. I believe I am in order, but you could rule otherwise. It is in order because of tomorrow and the day after, so that a position is taken for such statements in the future such that when I seek a statement, I will know for sure whether other Members could intervene, comment on or not. That is all I am saying.

On a point of order, Mr. Deputy Speaker, Sir. I am looking at Standing Order No.45(3) and I just want to read a section that pre-empts the discussion. It states in part that:- “..on the day on which the statement is proposed to be made, hand to the Speaker a written notification of the matter, but the Speaker may refuse to allow the request unless satisfied that the matter may be properly discussed in the Senate.” That clearly suggests that under Standing Order No.45, there is provision for discussion only that the Speaker has to ensure that it is properly discussed. From what other Members said, they can see the limitations quite clearly and they are happy to discuss within the confines. Therefore, you should allow for discussion and ensure that Members properly discuss. Standing Order No.45 provides for that and indicates quite clearly, that discussion can pursue from such a statement.

According to your argument, is discussion and debate synonymous?

Sorry.

According to your argument, is it true that discussion and debate, according to Standing Order No.46, are synonymous?

Mr. Deputy Speaker, Sir, I am looking at Standing Order No.45 specifically. There is no debate, but discussion and that is what we are requesting for.

Unfortunately, I have done my thought-out ruling. If you wish that a written ruling be done for the future, so that we do not rely on Standing Order Nos.1, 43 or 46, like Sen. (Dr.) Zani has done, then it will be clarified or a ruling will be made by the Speaker for future reference.

On a point of order, Mr. Deputy Speaker, Sir. I have tremendous respect for the Chair, particularly yourself being my senior in law. I encourage you that the role of the Chair is to facilitate, but not to truncate debate. I urge you that we should not fall into the trap of what V.I. Lenin described as a mind that is like concrete mixed up, but permanently set.

Order, Sen. Wetangula! I will also not allow you to use that kind of language.

Mr. Deputy Speaker, Sir, I withdraw. The electronic version of the Senate Hansard Report is for information purposes

No, I am not going to allow you to use that kind of language. For the benefit of every Senator sitting here and because you said I am fair, but also firm, you can make all the presentations you want to make but I will not change my position because we are not coming by way of an application for review. So, you can make all the arguments you want to make, but I have taken a position. There are only two issues; we either accept Sen. (Eng.) Muriuki route where a ruling is going to be by a directive in writing given on this issue by the Speaker for the future or we accept that you raise points of orders for the whole afternoon although I have taken a position. I heard you quoting V.I. Lenin and said that you hope I do not have a mind which is like concrete.

Mr. Deputy Speaker, Sir, I did not say that about you.

The HANSARD is there and I listen, Sen. Wetangula. It is not that I do not listen. You quoted V.I. Lenin

Vladimir Ilyich Lenin.

I know. You said that he talked about a mind that is like concrete. If you are referring to my mind, then maybe you are right for now, because I have made a decision that I am not going to change.

So, basically, we are just wasting time.

Let me finish, Mr. Deputy Speaker, Sir. A matter under Standing Order No.45(2)(a) cannot possibly wait for a reasoned ruling then you allow us to debate because topical means now. The issue of elections in Uganda, you should go to social media and see how angry people are. We, as leaders of the people, are entitled to speak to this matter. I respect your ruling. It is wrong, but you have the right to make rulings, even wrong ones. I want to urge you that the dynamism of debate in the House and the duty and the role of the Speaker is not to be rigid about issues. Human beings make mistakes. A Speaker can make a ruling and, upon hearing Members, can change his mind. He or she, for example, could say; “I believe I was wrong, but now, I think you have a point which can improve the situation.” A good idea must always be ready to give way to a better idea. You said that you are not going to change your mind. In my community, we have a story where a hyena told a stone that; “even if you do not answer me, you have heard me.”

The final point of order is from Sen. Abdirahman.

On a point of order, Mr. Deputy Speaker, Sir. I listened to the last bit of interventions from my colleagues. As much as I came in late and found you had made a ruling, I thought we could also seek your indulgence as the Speaker, at times, The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Deputy Speaker, Sir. I agree with Sen. (Eng.) Muriuki that we need a written ruling on this issue, so that we remove doubt completely. If that is so, then, these points of orders that we are rising on could very well inform the decision that will be made. Mr. Deputy Speaker, Sir, earlier I had risen to conclude by saying that your suggestion that Standing Order No.45(4) prevents us from commenting on the point of order; you should review it because if the Standing Orders wanted that Senators should not comment, under Standing Order No.45, then, that should have been stated. I say this because when it was found out that there is need for Senators not to comment anything, it was stated in Standing Order No.46. Mr. Deputy Speaker, Sir, in conclusion, I, therefore, appeal to you because the issue in Uganda is very serious because we do not intend to debate the Government of Uganda or the President elect, but comment on the election in Uganda. Do not wait for the long written decision, but instead you should rescind your decision. We can ride on this because if the topical issue was that arising from the election, refugees have started crossing into Busia, Malaba and Lwakhakha, you would not have waited. We would still have gone ahead and debated the issue. I beg you.

I am not going to change that position.

All of you know that very well. So, you are just testing me because you know I will not change that position. Sen. (Dr.) Khalwale, you have contradicted yourself by accepting or agreeing with Sen. (Eng.) Muriuki, in the first instance, before saying that I should rescind my decision. I will not rescind my decision, but abide that a ruling be made by the Speaker. The ruling will be informed very much by the points of order that you have raised. As you said, after further consultations, it could be found that I was wrong. There is nothing wrong with being wrong. Only, I, sitting here can make a final ruling on an issue in the House. I think that is accepted and as Sen. Wetangula would say, respected. Therefore, I would rather we rest the matter at that and say that it is not as clear as you may want it to appear. That is why I would like it clarified as Sen. (Dr.) Khalwale and Sen. (Eng). Muriuki have said, so that we can have a final decision once and for all, including if need be, clarification by amendment to the Standing Orders so that it is absolutely clear. That is all I seek from you.

Can we then have it tomorrow and discuss it.

You can even bring a substantive Motion and nobody will stop you. The Speaker will have no discretion, but to allow you The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Deputy Speaker, Sir. I am so sorry.We have been so subsumed in that argument. I have two statements whose responses were to be given today. One is from the Chairperson of the Committee on Finance, Commerce and Budget on the continuing appearance of a human portrait on our currency contrary to the Constitution. STATUS OF INTERNALLY DISPLACED PERSONS The second one is on the disbursement of what was described as the final payment of Kshs1 billion to Internally Displaced Persons (IDPs); the broader issue of IDPs, how they have been paid and dealt with, including integrated IDPs – I learnt that we even have some in your County, Nyandarua and so on. Those Statements were to come today. I think ---

Sen. Wetangula, the tracking sheet that I have for statements shows that your statement on currency is due tomorrow, 24th February, 2016. The statement on IDPs is due on 10th March, 2016. So, tomorrow, we expect you to get the first statement.

I stand guided. ALLEGED ASSAULT OF POLICEWOMAN BY CAPTAIN ALLISTER BROWN

Mr. Deputy Speaker, Sir, I would like to request for a statement pursuant to Standing Orders No.45(2)(b) from the Chairperson of the Committee on National Security and Foreign Relations regarding an alleged assault of a police officer by one Captain Allister Brown in Kinangop, Nyandarua County on Sunday, 21st February, 2016. In the statement, I would like the Chairman to explain:- (1) The circumstances that led to the assault of a police officer who was on duty by the said Captain Brown. (2) The measures that the Government has put in place to ensure that police officers on duty are protected. (3) The action that has been taken against Captain Brown.

Mr. Deputy Speaker, Sir, may I ride on that? The electronic version of the Senate Hansard Report is for information purposes

Yes, you can ride on this one. It is a serious statement.

Mr. Deputy Speaker, Sir, if you saw the video clip, this white gentleman – if he is gentleman at all – was physically assaulting a police officer on duty. With such glaring evidence, open and shut case. We do not want to hear that the matter is under investigation. It was obvious. I have seen a 411 flash that he has been dismissed. However, the consequence of a physical assault on a police officer is not a dismissal. He was not even a Government employee, but an employee of a private company. Can the Chairperson of the Committee bring the statement urgently? This should not wait for two weeks. As early as tomorrow, tell us:- (1) Whether this gentleman is a Kenyan.We have white Kenyans and we have no problem with that. (2) If he is not a Kenyan, whether the permit that allows him to stay in this country will be interfered with.We do not want to have visitors with a colonial mindset that thinks that an African is an object of assault as and when you wish. (3) More importantly, whether the gentleman – if he is gentle at all – has been arrested, recorded a statement and taken to court. Even the Deputy President whom he was piloting has condemned the matter. So, we take him as a witness in the matter as well.

Mr. Deputy Speaker, Sir, may I also ride on the statement. What happened in Nyandarua is despicable. We were embarrassed. As a woman, that case was and still is embarrassing. The action against this white man should be expedited as the Senate Minority Leader has said. We would also like to know how many flying hours he has as a pilot and how qualified he is. Secondly, the language that he was using on that police woman, “Do your fucking job.” We, as a country, need to be told whether this guy is a Kenyan. He disrespected a woman in uniform and, therefore, the country. We are very embarrassed. We want to know if he has already been arrested. I have seen a 411 on investigations. In fact, we need him arrested today and not tomorrow. We hope this statement will be done and brought to this House as soon as possible.

Thank you, Mr. Deputy Speaker, Sir. To add my voice to the concerns, I am one of the Kenyans who watched that in horror and disbelief. I am in support of the police officer herself and the general Kenyan population at large. We need to say it here very clearly that the prescription of the law and the offence of assault is clearly known. It does not require further interpretation that when you physically assault somebody, then your place is in jail. Secondly, we also need to add to the questions as has been raised by Sen. Kittony. This is a statement of our national pride. I hope that gentleman – as it has been described, if he is a gentleman – is a Kenyan. If he is not, we should say categorically that he does not even meet a quarter of the regulations and requirements of somebody to qualify to hold a visa to stay and work in this country. So, his work permit should be withdrawn. He does not qualify to stay amongst the people of this country. He has no respect for us and our country. We need to say that clearly. If that is not done, we need to give notice that The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. While I condemn this action by this person that I do not think is a gentleman as one of the Senator said, I want to add that while issuing a statement, urgent action be taken immediately because this person might not be a Kenyan. Most of these guys have dual citizenship---

He is a Canadian!

Mr. Deputy Speaker, Sir, I am informed that he is a Canadian. His passport should be seized immediately - he can sneak out - so that he faces the full force of the law. Thank you.

Thank you, Mr. Deputy Speaker, Sir. I wanted to add my voice and pose one question; whether by now – I wish this Statement could be answered this afternoon – he has been arrested. We saw a statement from the Inspector General’s office requesting him to report to the nearest police station. The statement stated: - “The suspect has subsequently been ordered to surrender to any nearest police station”. Mr. Deputy Speaker, Sir, it is almost at his own discretion whether he wants to go to the nearest police station or not. That is not what we see happening to ordinary Kenyans when they have broken the law. So, all the questions that have been raised here must be answered in that statement and in a very direct manner without beating around the bush. I want to stress that this point. I will say it in Kiswahili language; Iwe funzo kwa

our ladies in uniform serving this country.

Thank you, Mr. Deputy Speaker, Sir. I join my fellow Senators to condemn this act. I want to register my disappointment by requesting the officer in charge to take action against the gentleman. This shows how violation against women is increasing. I want to say that as Kenyan women and women leaders, we cannot accept this. I want to thank our colleagues; male Senators who are joining us to condemn this act. We cry and ask for action to be taken so that justice may be seen to be done in this country. Mr. Deputy Speaker, Sir, in other countries, if a Kenyan is found committing such an act, it is taken seriously, but in Kenya, we take it lightly. It is time that Kenya stands as a country and stops playing with the people who come in and violate the rights of Kenyans as we watch. I condemn this act seriously. Thank you.

Asante sana, Bw. Naibu Spika kwa kunipa nafasi hii ili niweze kuchangia. Tunajua kisheria kwamba kosa la kupiga mwanamke au mama si sheria hata kidogo. Hivi sasa, huyu jambazi ambaye ni rubani amechukua hatua ya kupiga askari wa taifa letu. Hili swala la mtu ambaye anachukua hatua mikononi mwake, kuweza pia kuadhibu askari, sisi twajiuliza wenyewe: Je, kama sisi tuko na sheria, ni kwa sababu gani huyu mtu bado anarandaranda katika nchi yetu? Je, tukisimama hapa, tunajivunia The electronic version of the Senate Hansard Report is for information purposes

Order, Senator! You know you are riding on somebody’s statement. Please, wind up. I hear where you are coming from, but wind up.

Asante, Bw. Naibu Spika. Ni hasira za kuona mama akipigwa na mtu ambaye hatumjui.

Thank you Mr. Deputy Speaker, Sir. It has really provoked us, especially the mothers of this country. It is total abuse of our integrity. I do not know whether somebody has been deported. I would even recommend that this person be deported because where he comes from, in Canada, they do not want to see a black person, and maybe he thought he was back in his homeland.

Order, Senator! I will not allow you to get there.

Thank you, Mr. Deputy Speaker, Sir. I say that it has really provoked us as Kenyan mothers and, more so, the family where that lady comes from because she is an officer in uniform, and if he could not respect our---

Sen. Kittony, you know you are seeking a statement. I understand where you are coming from, but you are seeking a statement. The electronic version of the Senate Hansard Report is for information purposes

Yes, Mr. Deputy Speaker, Sir.

Okay. Sen. Wetangula, when do you need the statement?

Mr. Deputy Speaker, Sir, I will ask the Chairman to bring the statement tomorrow. It is urgent.

Sen. Murungi, did you want to contribute on this point?

Yes, Mr. Deputy Speaker, Sir.

We are concluding on it.

Mr. Deputy Speaker, Sir, I know what Kenyans are feeling about this matter. Indeed, you remember the old case of somebody called Sandstrom way back in the 1970s. This looks like another Sandstrom case. We deserve respect. I felt bad when I saw the lady in uniform being pushed like a raia . If the matter goes unpunished, people will lose confidence in our system. I plead with the House to allow the Chairman of the Committee on National Security and Foreign Relations to have this matter better investigated and bring a full statement to this House. I do not think he can do that by tomorrow. I plead that he be given a little more time, so that he can give a comprehensive statement to this House. We need to be reasonable.

Sen. Murungi, are you a Member of that Committee?

Mr. Deputy Speaker, Sir, I am not a Member of the Committee, but the Chairman, Sen. Haji, is my friend.

He was here most of the afternoon.

On a point of order, Mr. Deputy Speaker, Sir. Is the hon. Member in order to suggest that the matter should be investigated? An assault is a criminal offence and does not need investigation; the police just need to arrest. We do not need to spend the Committee’s time on investigation. That is a crime and the police should simply arrest.

Sen. Ndiema, did you want the Floor?

Yes. Mr. Deputy Speaker, Sir. This is an ugly incident. It would be of interest if we can also be told whether this person has a mother, wife or sister.

Order! Order, Senators! Sen. Wetangula, you have requested that the answer be given tomorrow, but it might not be practical because you have to inform the Chairman first who will then have to seek some information. The only reason I allowed a lot of time on this issue is because of the outrage that is in every person’s mind who has watched that video. I propose that you endeavor to issue the statement on Thursday afternoon and not tomorrow, so that we can ventilate on it further. It is so ordered.

Mr. Deputy Speaker, Sir, we will do that. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, we are done with statements. Order Nos.8, 9, 10, 11, 12 and 13 have divisions and from where I am standing, I do not believe that we have the numbers or the threshold to do a division. In that case, I will stand down those Orders, so that we proceed with the next Order.

This is resumed debate. Sen. (Dr.) Zani, you have 13 minutes, if you want to contribute.

Mr. Deputy Speaker, Sir, I stand to support this important Bill by Sen. Obure that addresses the whole issue of setting up a tribunal. It is an amendment to the Kenya National Examination Council (KNEC) Act. There have been various cases of cheating and the then Cabinet Secretary of Education Prof. Kaimenyi gave figures. In a report on the results of 2015, he alluded that 2,975 cases of cheating had been noticed. Prior to that, in 2013, 3,012 cases of cheating had been reported. The Senators who spoke before me talked about the worry that is consuming this country in terms of the cases of cheating. It is for this reason that the Kenya National Examination Council (KNEC) has been so strict that sometimes it cancels result. When students cheat, it means the grades that they get are not theirs. A student should be able to read, understand, articulate, answer the questions and then get a grade. The Council has reason to be worried about cases of cheating and bring provisions to ensure that cheating does not take place. In some cases, however, results in some schools have been cancelled even when some of the students did not cheat. Indeed, there are cases where one student could have been sitting in one room and the other 49 or 50 students were sitting in another room and then all their results are cancelled. Definitely, this well supervised student was not part of the case. The Council has been trying to address all this. Section 45 of the Act specifies the conditions under which the results can be nullified. Where the Council is satisfied that there is any sort of irregularities in the course of the exam, it can suspend or nullify the examination. Where the results have been obtained by any irregular means, the Council can nullify those results. The Council can conduct investigations on results and come up with conclusions. Investigations can be conducted and witnesses called. That is provided for in the principal Act. The amendment to this Act seeks to introduce the idea of a tribunal. In the principal Act the force and the authority of the Council is completely automatic and supreme. Once the Council has made a decision, there is no recourse for that student to later on come and say: “This and that are my circumstances.” That is the reasoning behind this particular amendment; that a tribunal is created. In the New Part 4(a), the National Examination Appeals Tribunal is proposed so that it can handle these specific components. We need to be careful because at the end of the day, the Council was doing its work up to a particular point and validly so. We have cases of students who may want the results to be relooked at, especially where they have The electronic version of the Senate Hansard Report is for information purposes

Sen. (Dr.) Zani, I am adding you one minute to conclude.

Thank you, Madam Temporary Speaker. We need to think through this very carefully so that we can know whether we have a budget for this. I do not want to over-indulge and thank you for the one minute. With those few remarks, I support this amendment Bill.

Madam Temporary Speaker, I beg to support the Bill and congratulate the distinguished Senator for Kisii County for bringing it. It is a Bill that has been long overdue, but has probably been in consideration of the distinguished Senator for Kirinyaga County who is the Chairperson of the Committee on Education. This Bill is in keeping with the dynamism of CORD. You will remember that Sen. Musila, the distinguished Senator for Kitui County, brought another progressive Bill that obligated all the heads of schools to never withhold certificates of school-children. We went further to amend it to cover university students so that once a student has sat for examinations, passed or whether the grade they got, they are entitled to their certificate to move to the next level of particularly the job market. This particular Bill is even more critical. You may recall when we had a

here with the former Cabinet Secretary – I thank the President for removing that man from that Ministry – he exhibited extreme arrogance and total disregard for the plight of parents, students and the feeling of Kenyans. During that meeting, I could even see Sen. Karaba who is normally sympathetic with people from his side of the Government, looking very embarrassed with the manner of arrogance that Prof. Kaimenyi exhibited here and the impervious feeling, left me wondering whether he is a parent. Madam Temporary Speaker, I have raised this matter with Sen. Karaba very many times that we have a very unique and an unacceptable, nearly illegal situation where the KNEC sets, marks, grades examinations and then disqualifies the students and there is no recourse to any appeal. If my memory serves me right, the KNEC has now come up with an even more draconian addition to their already awesome and lawful powers; that once you have been disqualified, you are not entitled to sit for any examination of the same nature in two years’ time. Meaning, a child who for no mistake of his or her own, sits an examination in class eight and is arbitrarily disqualified, cannot have an opportunity to sit for the same examination in the next year; he or she has to go and wait for two years. Madam Temporary Speaker, Sir, being a woman yourself, you know the plight of young girls. If you deny them an opportunity to re-sit the examinations in the next year, it is like telling them to elope and become mothers. In the process, we destroy very promising young Kenyans. You cannot tell a Class Eight girl child, that because her examinations have been disqualified, she should stay at home for two years before she goes back to school. It is very unfair. I have used a strong language against Prof. Kaimenyi and I have no regrets about it. He came here and looked like he had no feelings for anybody. We have parents in this county who sell all their possessions to take their children to school and those who turn themselves into beggars standing by the gate of their representatives everyday to look for money to go and pay school fees. The electronic version of the Senate Hansard Report is for information purposes

That is right.

Madam Temporary Speaker, there is also the question of Clause 3(b). These days, Kenyans are so obsessed with degrees. We want to have a degree. We have people who are acquiring degrees on River Road and other places. It is good to have a degree. Many of us have even more than one. However, there are Kenyans who, for some reason beyond their capacity, have not been able to acquire those degrees though they are very good. For example, if we ask churches to contribute a The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for recognising that I should say something about this Bill. The Bill was before our Committee sometime back and we discussed it exhaustively and, in fact, this morning, we had a discussion pertaining to its content. It is important to note why the Bill came around this time. The KNEC has been in existence since the time we were in school. Some of us sat an exam called East African Advanced Certificate of Education. That was an examination which was done by students from the three countries in East Africa namely Kenya, Uganda and Tanzania. The Secretary of the East Africa Examination Council then, was Mr. Kiwanuka. We used to be trained as examiners in Kampala or Entebbe. The issue of collusion and cheating is wrong. It dates back to 1960s and 1970s. However, in the recent past, it has become rampant and a practice in most Kenyan schools. When the KNEC Act was enacted that repealed the East Africa Examination Council Act, Kenyans found it easy to penetrate to these offices to get access to information which otherwise would be important to gauge and examine students so that they can move to the next level. What it takes is that a student will be examined every other time in whichever class they are in by administering continuous assessment tests The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Madam Temporary Speaker. I do not know if I heard the distinguished Senator right. Is he in order to try to justify that a student in Alliance High School is bound to do better than a student in rural schools? Some of us went through schools whose names you cannot even remember and we are what we are because we worked hard. Even a child with average marks can go to a rural school and still excel. Is the Chairman in order to subtly convolute the contents of the Bill and try to justify what we were trying to move away from?

Senator, please clarify. What exactly did you mean?

Madam Temporary Speaker, I did not even allude to what my friend, Wetangula, is saying. What I was trying to suggest – he might have heard me wrong – is that---

On a point of order, Madam Temporary Speaker. Did Sen. Karaba refer to Sen. Wetangula as Wetangula? There is a Standing Order that clearly indicates how Senators should be referred to.

Sen. Karaba, I heard very well.

Order Senator! You must refer to him appropriately.

Madam Temporary Speaker, I want to refer to Sen. Wetangula as the distinguished Senator for Bungoma, a presidential candidate in 2017, I wish him all the best and good luck. Madam Temporary Speaker, we are discussing very serious issues. I also want to tell Members the root causes of cheating, how it can be detected and what can happen after cheating because cheating is a process. It could involve the material smuggled and that is what I said earlier, it could involve the teachers themselves particularly in practical subjects like Physics and Chemistry, it could involve headteachers or the County Directors of Education officers (CDEs) who are in charge of schools in various counties because they may want their counties to be ranked among the top. That is the reason we do not support ranking of schools because it will try to prove that some schools were not even there. Other schools will want to be known when results are released. Therefore, The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I thank you and the Mover. In so doing, let me confirm that I rise to support this Motion.This is a very important Motion. I have looked at it and I have seen that it has three limbs which we must apply our minds to very critically, Sen. Obure. The electronic version of the Senate Hansard Report is for information purposes

Yes. The purpose of an examination is to rank.

The purpose of an examination is to rank. Even in medical school where we thought, we were all more or less very close to par, we were still ranked. All of us had qualified for Medical School at the University of Nairobi (UoN) but you would still find number one and the last one. This number one and the last one gave the medical school an opportunity to identify those students who would get scholarships and so on. I am glad that I am addressing a House where we have young lecturers like Sen. Murkomen who has suddenly become quiet because of the new office that he has been offered. Mr. Temporary Speaker, Sir, ranking is good. I want to go further and insist that we should demand for ranking of our universities. We now have so many universities. If you go to Britain, they will tell you the best universities, the second tier and the worst so that when you are choosing where your child should go, especially given that today parents are starting to pay for privately sponsored students, it is important that we rank our universities so that when a child is studying at a certain university and they are paying the same amount of school fees like another university, there should be justification as opposed to where another is asking for more money. Mr. Temporary Speaker, Sir, I have seen certain universities where the school fees is lower for privately sponsored children than at the Kenya Medical Training College (KMTC). It simply means that these people are in business, they are not keen on training children, they want to levy fees as low as possible so as to fill their theatres and balance their books. The second is the issue of admission to Form One. I want to make this remark because I listened to the Senator for Kirinyaga and I was not too sure whether he was not going there. It is important that we insist that until such a time that the national Government will have stabilized all public schools so that they have an equal number of teachers and the same facilities like private schools, we should still cushion children from public schools because when you open them to competition with children from The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir. I rise to support this Bill by Sen. Obure. Let me echo the words of Sen. (Dr.) Khalwale and the words of the former President of South Africa, the late Nelson Mandela who once said education is a great equalizer. The child of a President and a child of a peasant farmer, whether from Bungoma or Uasin Gishu, are able to come together and reason. It is only education that brings them together. Mr. Temporary Speaker, Sir, while those words are true, we are today witnessing devastating effects of cheating in examinations. First, the quality of education in this country has kept on coming down because of exam malpractices where students are cheating in primary school during the Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE). We end up producing graduates The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I stand to support this Bill and to thank Sen. Obure for having sought a way out of this serious situation. We all know the The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I thank and congratulate Sen. Obure for this timely Bill. I know that Kisii County and its surroundings have really been affected by cases of examinations cheating. As much as we condemn cheating, we must also look at the rights in the Constitution. Article 47 guarantees every person a right to administrative action that is expeditious, efficient, lawful, reasonable and procedurally fair. We have had very many cases of cheating reported every year. We have had cherished dreams of children who have worked for very many years crushed in a day or through a decision made when results are released. This Bill must not in whatever form be seen to condone cheating. It must give fair hearing to the aggrieved parties. As it is, the KNEC has had unilateral power and they have applied it as it is. However, we must have recourse in terms of having an appellate system where, if you feel that you do not agree with a decision taken by the KNEC, then you have a forum to air your grievances. The issue of cheating in this country has been so rampant and it is getting worse by the day. We, as a country, have also glorified examinations. As the Cabinet Secretary indicated, the Ministry is reviewing the curriculum and this is something that we must consider. The pressure that we put in three days of examinations to our children is too much. We must ask ourselves whether the curriculum is serving the market that we are dealing with or not. The market is very dynamic. How we were learning and examining students 20 years ago is not the same way we are doing today. Today, we even have virtual classes. Mr. Temporary Speaker, Sir, we must look at the curriculum and ask ourselves whether it is serving requirements of the market both nationally and internationally or not. To children, the issue of cheating has been a psychological one. We have seen children commit suicide because they felt that was the end of the world for them. Some students cannot fathom the idea of their peers going to universities while they remain at home because their result slips are showing ‘Y”. Some end up committing suicide. This tribunal is timely. However, I do not agree with parents sitting in this tribunal. Recently the Ministry disbanded the Parents’ Association headed by one person who was collecting money from parents purporting to recruit parents in his association. The Ministry wrote to all public schools to stop dealing with this particular individual. The electronic version of the Senate Hansard Report is for information purposes

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

Mr. Temporary Speaker, Sir, I would like to be informed by Sen. Karaba.

Mr. Temporary Speaker, Sir, I would like to inform Sen. Wangari that in this Bill, a parent is not qualified to sit in the tribunal because all of us can sit in it because we are parents. Therefore, it is the Cabinet Secretary who will determine who will sit in the tribunal.

Mr. Temporary Speaker, Sir, I thank Sen. Karaba for the information. However, my understanding is that the person nominated to sit in this tribunal is one nominated jointly by the associations representing the interests of the parents. That is what I was talking about. We are all parents and even the person appointed under Clause 2(a) is a parent. However, he or she is not sitting to represent parents. He or she is sitting to represent the appointing authority who we will decide whether it is the Judicial Service Commission (JSC) or the Ombudsman as has been suggested by Sen. (Dr.) Khalwale. I feel that we need to replace the Association of Parents and get someone else who is impartial to this matter.

Sen. Wangari, do you mean that Sen. Karaba’s point of information was not valid at all?

Mr. Temporary Speaker, Sir, our understanding is at different levels. I do not want to belabour this point. From the outset, I support this Bill. The issue of cheating has always affected children and their parents. We have become a callous nation. We have actually lost our souls because we also have some unscrupulous headteachers who want their schools to shine. We also have parents who are colluding to help their children cheat. We, as a county, must interrogate our souls. We must desist from cheating through the WhatsApp platform. Mr. Temporary Speaker, Sir, it is a pity that some parents see these papers, they print them for their children. You will find that these cases are very rampant whether it is the police officer guarding the papers or the examination invigilators. We must get people to take responsibility and not load blame on a child yet nobody is arrested. We have the machinery to track the information shared on WhatsApp using our arms of investigation, we should be able to know where the paper originated from. This Bill is not to say that we condone cheating. The criminal responsibility must also be well administered and our bodies involved giving us results because we get examinations irregularities yet no one goes to jail for that offence. We take it as a joke yet we are talking about the future of our country. We are at a point where you get a university student who cannot construct a sentence in English. It is very important that we also separate the issue of cheating as has been alluded to by Sen. Wetangula, that it is not schools that cheat and it is not always that Alliance High School will top The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I rise to support the Kenya National Examinations Council (Amendment) (No.2) Bill (Senate Bill No. 14 of 2015). I recall that students from Maranda High School suffered because of examination cheating. This happened in the computer examination. We need to interrogate whether the Kenya National Examination Council (KNEC) at that time had mechanisms of understanding that exams done by computer can bring other issues. How do you then verify that the students cheated knowing that it is not done on paper where a student writes his or her own examination but this is a computer? Therefore, you will find identical marks; either all students getting good grades or failing. Having said that---

Sen. Elachi, are you questioning the capability of the KNEC to administer an examination that they are authorised to administer?

Mr. Temporary Speaker, Sir, I am not questioning. I am just giving examples. The challenges that Sen. Obure has come across in Kisii are some of the things that we need to look at. When the KNEC decides that 122 students have to repeat a whole year in school because of cheating, we need to interrogate the teachers and the preparations that were done. This does not apply on the example that I gave earlier but in most cases, I believe the teachers are also culpable. How do you handle the case of students from the same school having identical grades? It does not mean that the students are the only ones guilty of cheating; it means that they colluded with a teacher who gave out the examination paper and guided them on how to do it. As we insist on a tribunal, we must know that the students, teachers and even the supervisors are part of examination cheating. In addition, cheating in examinations reflects declining ethics. We need to find out whether the KNEC still has the capacity or we need to revamp it. As a country, we have left people to serve in an institution for more than 20 years. We witness decline in performance and negative reports but we still leave the same people to deal with the same challenges. It is time when an institution records a decline in performance, we need to change it; bring in different and vibrant blood that can come up with new ideas and technology to change that institution. Cheating in examinations and cancellation of results is like an annual event in our country. It is normal! Every year when our students are going to do their examinations, we talk about cheating. It is a norm. How can we change this? It starts with attitude. It is a form of corruption. People just talk of corruption in monetary terms. However, this is the worst form of corruption. This is how we finish our children completely. As at that time, parents have paid school fees for four years and you are expecting that the teachers have prepared students for exams, then, all of a sudden you are told, “No, your school The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir. I congratulate Sen. Obure for this important Bill. I support most of the sentiments that have been aired by my colleagues. It is an important Bill and timely as well. It is important that every student, parents, institutions of learning and anyone who has invested in the child has a forum where their grievances on examination results can be heard. Many of us wonder whether the results we got were ours. The answer booklets are never returned and what the Kenya National Examination Council (KNEC) gives is assumed to be true. Many students are left with many questions and at times we see the bitterness the students are undergoing because they do not have an institution in place to petition. Every The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Temporary Speaker, Sir. Sen. Lesuuda should have known that a pupil who scored 413 marks and qualifies to proceed to form The electronic version of the Senate Hansard Report is for information purposes

Sen. Karaba, so, what is your point of order?

Mr. Temporary Speaker, Sir, my point of order is that the Senator is ignorant that we have such foundations which cater for pupils who cannot afford school fees.

Are you suggesting that if we directed to you any student in the Republic of Kenya who scores over 350 marks and is unable to pay school fees, you know where they can find school fees?

Mr. Temporary Speaker, Sir, I am not implying so. I am suggesting that there is a way of helping such pupils because I have helped them in the past.

(Sen. Sang)

Thank you Mr. Temporary Speaker, Sir. I will actually deal a little bit on what Sen. Karaba has said. I think he is the one who is ignorant of what is happening in our country on issues to do with education. I am very passionate about our children accessing education. These institutions are also not enough. I have a list because I have so many children who have benefitted from these institutions. I know what I can do about it but the truth of the matter is that, that child is at home. The school will not receive this child without any support. If anything, that child said she had applied for Equity’s “Wings to Fly” and from another organizations. They can only take as much. Mr. Temporary Speaker, Sir, I think it is the reality and I do hope that we will see this as a real challenge and a problem so that as the State - because the mandate is on the State and not the institutions - makes sure that education is affordable in our country. Thank you and I support this Bill.

Thank you Mr. Temporary Speaker, Sir. First of all, let me start by congratulating you. Since you became a Member of the Speaker’s Panel, I have not had a chance of making contributions before you and congratulate you for being elected and approved by this House to be a Temporary Speaker, a position that I served in for the last three years. I understand the challenges you are going through but it is also a position of great experience and knowledge. I also want to congratulate Sen. Obure for making tremendous and very important contribution to the field of education and particularly in a matter that has bothered Kenyans for a long time, which is the question of the KNEC going to abuse its powers without any checks and balances and without a place where the citizens can appeal to. Mr. Temporary Speaker, Sir, it is important that the phenomenon of tribunals which is in many sectors in the industry is introduced to this education sector particularly the examinations, as one way of making it more accessible by the members of the public, but also as a way of removing from the structures of courts the questions that are related The electronic version of the Senate Hansard Report is for information purposes

Since there is no other interests to contribute on this matter, I now call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I wish to express my thanks and gratitude to all those who have contributed to the debate on this amendment. I am happy that it has attracted high quality debate on the entire issue of provision of education and administration of national examinations in this country. In particular, I acknowledge individually those who have made their contribution in enriching this amendment. I thank the Senator for Homa Bay, Sen. M. Kajwang, who seconded this Bill, Sen. (Dr.) Zani who gave very useful input, the Senate Minority Leader, Sen. Wetangula, Sen. Karaba, Chairman of the Committee on Education, Sen. (Dr.) Khalwale, Sen. Melly, Sen. Hargura, Sen. Wangari, Sen. Elachi, Sen. Lesuuda and lastly my friend Sen. Murkomen. Colleague Senators, I assure you that I have been busy taking detailed notes. I will incorporate what you have said particularly in relation to the amendments. We have all agreed that the question of integrity of our national examination system is very crucial. We all have a duty as citizens of this country to protect the integrity of our national examination system. If we allow that system to be undermined, then our entire education system will collapse. Nobody will recognise our certificates and the kind of education we are offering to our citizens. I made it very clear at the time when I was moving this Bill that we all agree on the need to protect the integrity of our national examinations. However, in moving this amendment, I was particularly concerned about arbitrary decisions which are made by the Kenya National examinations Council (KNEC). These are decisions where victims were not given an opportunity to tell their side of the story. The powers which were given to the KNEC are absolute; they cannot be questioned by anybody. Sen. Wangari said that in as much as we all condemn cheating and malpractices in our examinations, we must also protect the right of victims to be heard. This is a very important statement. This is my concern; that decisions made by the KNEC must be subject to review because they impose untold penalties on students. The KNEC sets, invigilates, supervises, marks and grades exams and then the same institution is given powers to cancel those results. Withholding or nullifying the entire examination unilaterally without giving an explanation to those who have been affected should not happen at our level of development when we are enjoying the fruits of 2010 Constitution. The establishment of a tribunal by this Bill is really one of the ways in which we can correct a lot of the wrongs made particular through unilateral and arbitrary decisions made by the KNEC. Every citizen in this country has a right to be heard. Even the rules of natural justice demand that an individual who feels offended or whose decision has been taken against, should be given an opportunity to explain himself or herself. Therefore, this Bill will give an opportunity to such people to be heard. I have listened to various amendments made particularly on the composition--- The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Obure. You have 30 minutes to reply. However, we have three more minutes before we adjourn the sitting. Therefore, you have the liberty to either exhaust your 30 minutes and that means the business goes to the next sitting day or you could conclude within the three minutes left.

Mr. Temporary Speaker, Sir, I am scheduled to be away. Therefore, I want to conclude this today.

You have three minutes to do so.

Mr. Temporary Speaker, Sir, this amendment will give candidates, particularly those who feel that they were not involved in any malpractice--- In the debate which has ensued in this House, we have been told about leakages from the KNEC headquarters itself. Therefore, the candidates may not have directly participated in releasing some of the leakages. Even if some of these candidates have been punished, they have been punished unfairly. It is good that we give them an opportunity to respond through the creation of this tribunal. I thank Hon. Members. I assure them that the various proposals for the improvement of this Bill have been taken on board. These are issues to do with composition of the tribunal, removal of parents from the tribunal and so on. I, therefore, conclude by moving that, the Kenya National Examinations Council (Amendment) Bill No.2 of 2015 be read a second time. I also, pursuant to Standing Order No.54 (3), request that you defer putting of the question to tomorrow.

It is so granted.

Hon. Senators, it is now 6:30p.m., time to adjourn the business of the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday 24th 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