Mr. Speaker, Sir, I stand to seek two statements. First, pursuant to Standing Order No.45(2)(b), I wish to seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding the harassment of residents of Machakos County by the police. In the statement, the Chairperson should:- (1) State whether he is aware that almost all attempts by the residents of Machakos County to present petitions to the Office of the Governor have been violently disrupted by the police leading to arrests and prosecution of such residents; (2) Explain why the following events by residents of Machakos County were disrupted or cancelled by the police; (a) On 16th December, 2014, a caravan of residents doing civic education was violently stopped and participants arrested and arraigned in court. (b) In mid-2014, some residents of Masinga sub-county were stopped by police in conjunction with the county inspectorate while on their way to present a petition on environmental degradation caused by uncontrolled sand harvesting activities. (c) On 18th December, 2015, some residents of Katani and Mlolongo were violently dispersed and arrested by the police on their way to present a petition on the deplorable state of roads in their area. (d) On 26th January, 2016, the business community from Machakos County led by the local officials of the Kenya National Chamber of Commerce and Industry were violently dispersed by the police while demonstrating against the illegal hiking of business levies by the County Government of Machakos. The electronic version of the Senate Hansard Report is for information purposes

Dispense with the first one!

I stand guided.

Order, Sen. Muthama! Who is guiding you?

I am sorry, Mr. Speaker, Sir.

There is only one Chair in this House. Proceed to the next statement. MANAGEMENT OF COMMUNITY AND PUBLIC LAND IN MACHAKOS COUNTY

Mr. Speaker, Sir, pursuant to Standing Order No.45(2)(b), I wish to seek a statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the management of community and public land in Machakos County. In the statement, the Chairperson should:- (1) State whether, pursuant to Articles 62 and 63 of the Constitution, LR No.1491/R, being the piece of land in Kiima Kimwe, Muvuti Ward in Machakos County, is community or public land. (2) Indicate the parcels of land in Machakos County that have been set aside for public utilities such as schools, health centres and recreation centres. (3) State whether the Committee is aware that the National Land Commission (NLC) put up a public notice in the Daily Nation of 16th December, 2015 cautioning the public and making reservations on the use of the piece of land LR No.1491/R for investments on behalf of the County Government of Machakos. (4) Explain the steps the NLC and the Ministry of Land, Housing and Urban Development have taken to address the concerns of the people regarding the said piece of land, especially the more than 2,500 squatters who are likely to be displaced, bearing in mind that that there are two pending court cases on the matter; No.255 of 2009 and JR No.404 of 2013. The electronic version of the Senate Hansard Report is for information purposes

Let us get a response to the first statement.

Mr. Speaker, Sir, before I give any undertaking, may I request Sen. Muthama to clarify one thing. Machakos is a huge county and unless he gives specific areas where the harassment took place, it will be difficult to pinpoint what to do about it.

The information is there.

Mr. Speaker, Sir, if that is the case, we will require a week to give the statement.

It is so ordered. Let us move on to the next statement. Is the Chairperson or the Vice Chairperson of the Committee on Land and Natural Resources here?

Mr. Speaker, Sir, given the weight of the matter and the numerous issues the hon. Senator has requested, I wish to give an undertaking that if the statement is ready, I will issue it in two weeks’ time. If not, I will give a progress report.

Let us have it in two weeks’ time. Sen. (Prof.) Lonyangapuo. SUPPLY OF FERTILIZER AND OTHER FARM INPUTS BY THE NCPB

Mr. Speaker, Sir, I have two statements to seek that are directed to the Chairperson of the Committee on Agriculture, Livestock and Fisheries I wish to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding supply of fertilizer and other farm inputs by the National Cereals and Produce Board (NCPB) in light of the fact that agriculture is Kenya’s main driver of the economy. In the statement, the Chairperson should:- (1) Explain why the NCPB has not supplied fertilizer and other farm inputs to farmers ahead of the planting season this year, yet the long rains are about to start. (2) State when the fertilizer will be availed in all the NCPB depots across the country. (3) State what measures the Government will put in place to avert such scenarios in the future. Mr. Speaker, Sir, may I move on to the second statement?

Proceed on to the second statement. ACUTE FOOD SHORTAGE IN WEST POKOT COUNTY

Mr. Speaker, Sir, I rise, pursuant to Standing Order No.45(2)(b), to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, regarding the acute food shortage in West Pokot The electronic version of the Senate Hansard Report is for information purposes

Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries.

Mr. Speaker, Sir, I have listened to the request of the two statements from Sen. (Prof.) Lonyangapuo. With regard to the statement on fertilizer, it is rather broad and it requires a lot of information to be put in place. This is because he is requesting for information regarding all the depots in the country. I request for two weeks to enable the Ministry to prepare for us a comprehensive statement. Secondly, I request for two weeks also to respond to the statement regarding food security in West Pokot County.

Sen. (Prof.) Lonyangapuo, you should have no quarrel on that one.

Mr. Speaker, Sir, I appreciate what my senior colleague has said. However, looking at the statements I have sought, for example, the first one, there is need for immediate action to be taken because rains are about to set in and our famers need fertilizer to plant their crops. The second statement is in regard to people’s lives. Therefore, I would appreciate if he can bring this statement in one week’s time or less.

Sen. Murungi, even if the information sought in the first statement is about all the depots in the country, I do not think professor is implying that you visit all of them. Surely, there must be a system in place. Proceed, Senator.

Mr. Speaker, Sir, I am very obedient. I always seek guidance from the Chair. Let me make an attempt to get a statement from the Ministry of Agriculture, Livestock and Fisheries within a week and then report to the House.

It is so ordered. IMPLEMENTATION OF THE BASIC EDUCATION ACT (2013) ON OUTLAWING CORPORAL PUNISHMENT IN SCHOOLS

Mr. Speaker, Sir, I rise pursuant to Standing OrderNo.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Education regarding the implementation of the Basic Education Act (2013) and the Kenya Gazette Notice of 13th March 2001, outlawing corporal punishment in schools. In the statement the Chairperson should state: (a) If the Government is aware that corporal punishment is rife in our schools; The electronic version of the Senate Hansard Report is for information purposes

The Chairperson of the Standing Committee on Education, Sen. Karaba.

Mr. Speaker, Sir, I will make sure it is answered in two weeks’ time.

It is so ordered.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b).

Mr. Speaker, Sir, protect me from the loud laughter of the Emeritus Sen. Wako.

Order, Sen. Wako! Do you know how you have been referred to in the House? Not only are you considered having a loud laughter, but apparently you do not listen.

Order, Sen. Wako! Proceed, Sen. Kiraitu. TARMACKING OF ROADS IN MERU COUNTY

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Roads and Transportation regarding roads in Meru County. In the statement, the Chairperson should clarify the following: (1) Which roads are earmarked for tarmacking by the Kenya Rural Roads Authority (KERRA) in Meru County in the 2015/2016 and 2016/2017 financial years? (2) Could the Chairperson lay on the Table of the House a list of all roads in Kenya identified by KERRA for tarmacking under the 10,000 kilometres Low Volume Seal Roads Programme by KERRA?

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Order, Sen. Kiraitu! I thought you were in the House when I was advising Sen. Muthama that he should only take counsel from the Chair and not from other entities.

I sincerely apologize, Mr. Speaker, Sir. I was distracted by the Senate Minority Leader who is notorious for distracting Members. I will proceed. (3) Given the fact that Lewa-Kibirichia-Kurua Road in Buuri Constituency and Athiru-Gaiti Road in Igembe South Constituency had been advertised for construction by KERRA under the Low Volume Seal Roads Programme---. This has been stopped by the Council of Governors through a court order. Given the fact that these roads are in a deplorable state and impassable, especially during the rainy seasons, what urgent steps is the Government taking to resolve that court case so that construction of these roads can start?

Sen. Wetangula): Mr. Speaker, Sir, I congratulate the distinguished Senator for Meru for bringing that request for statement. In further response to that statement, will the chairperson of that committee also tell the House that the so called annuity programme now christened “Low Volume Seal Roads Programme” was never an intention of Jubilee to tarmac any road, but rather a fraudulent ploy to hoodwink voters to vote them into office and has since evaporated and, therefore, there is no road being tarmacked in the country under that programme.

Mr. Speaker, Sir, would I be in order to request you, under your immense powers under Standing Order No.1, to expunge the remarks made by the Senate Minority Leader who was purporting to ride on my question and distorting its intentions? There was every intention to fix these roads by the Jubilee Government. I request that the roads programme be implemented as stated by KERRA and the roads have already been advertised.

Order! Indeed the rider by the Senate Minority Leader has no leg to ride on to your horse. I do not need to seek through corners for any extra powers. A rider must be relevant to the question raised. This was negating the issue.

Mr. Speaker, Sir, that question by the Senator for Meru is a question which might attract very many counties in this country. It is better for the Cabinet Secretary (CS) to be summoned here to come and tell us what is happening with the roads. Not many roads have been tarmacked under the Low Volume Seal Roads Programme in all counties.

Order, Sen. Karaba! The Chair has heard you and will make that determination.

Mr. Speaker, Sir, I request for three weeks because it is quite a comprehensive statement which has been sought. We, as a committee, have summoned the CS for Roads. He was to appear today, but he did not because he is out of the country right now. He has missed to appear before us on several occasions. Currently, we are informed he is coming back in two weeks’ time. That is why I seek for three weeks. If he comes before the three weeks, I will notify all the Senators The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I appeal to you. I have requested for a list of all the roads in Kenya identified by KERRA under the Low Volume Seal Roads Programme. That list is already in existence whether the CS is there or not. Could we have the list within one week as we wait for the CS to be summoned to appear before the House? It might help us interrogate him when he comes.

Mr. Speaker, Sir, in that circumstance, I ask for two weeks. However, if we get it earlier we will convey.

Under those circumstances, Madam Vice Chairperson, you should have agreed with Sen. Murungi. He is demanding a list which should be in existence. Get the list within one week and the other information should be ready in two weeks’ time. So, ordered.

Thank you, Mr. Speaker, Sir. I rise under Standing Order No.45 (2) (b) to seek a statement from the Chairman of the Standing Committee on Public Accounts and Investment.

Mr. Speaker, Sir, I cannot hear myself because of the noise behind me.

Order, Sen. Kembi-Gitura! What is the purpose of communicating? Is it to hear yourself or to communicate to others? I have no problem hearing you. REPORT OF SPECIAL COMMITTEE ON PROPOSED REMOVAL FROM OFFICE BY IMPEACHMENT OF HON. MWANGI WA IRIA GOVERNOR OF MURANG’A COUNTY

Mr. Speaker, Sir, I rise under Standing Order No.45(2)(b) to seek a statement from the Chairman of the Standing Committee on County Public Accounts and Investments regarding the report of the Special Committee on the proposed removal from office by impeachment of Hon. Mwangi Wa Iria Governor of Murang’a County, dated 6th November, 2015. In particular, I seek that the Chairman of the Committee addresses the following issues and gives the people of Murang’a a way forward-: 1. Allegation 2; Paragraph 212 The Committee, having found that there was violation of the law, should investigate and determine from whom and how, the Kshs28,849,800 which was illegally used to fund private enterprise from public funds, should be recovered. 2. Allegation 10; Paragraph 219 Can the committee look into whether or not procurement laws were breached and make recommendations as necessary to protect public funds from misuse and or misappropriation? 3. Allegation 11; Paragraph 220 The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. The matter that has been raised by Sen. Kembi-Gitura is a matter similar to several other matters that are pending before the Committee on Public Accounts and Investment. This Committee is as of now still in limbo because it has been unable to transact its business after the ouster of the duly then elected Chairman. Since the pending business and especially the one that has been raised by the Senator for Murang’a is important business for this House, this country and for what we stand for, I seek your direction on this issue because this Committee requires to get to work as soon as possible. The most fundamental issue that I would want to be addressed by the point of order that I have raised is that, following what has happened in this case, and this is a House that relies and operates on precedence, does it imply that in future, if any side of this House is unhappy with the goings on inside a committee, it means that the committee can be rendered in-operational or dysfunctional by the simple act of de-whipping a sitting Chairman? Even after the business of this Committee has been reinstated, there is another occurrence where there will be a case that, maybe, one side of the House is unhappy with, then the only thing they would do to render that Committee dysfunctional is to de-whip the Chairman and then the Committee cannot sit. Mr. Speaker, Sir, I seek your indulgence; does it mean the committee becomes dysfunctional by the action of de-whipping of a Chairman? Does it require that the Committee continues with its business with the existing Members who are from both sides of the House? It is dangerous because what will happen is that if at any one time with this precedence, I would ever find myself or any other Members on the side where we carry the mandate to de-whip a chairperson, then that would be the easiest route to make sure that any business that may not please me inside that Committee can be executed by the simple act of taking the letter to be received, stamped and that Committee can sit in limbo. Is this the precedence?

Thank you for that intervention. Sen. Wamatangi, I do not know which precedence you are talking about.

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

Order, Sen. Wamatangi! I have heard you and I know your concerns. I am just saying there is no precedence set. I will make a ruling on your matter tomorrow afternoon. In the meantime, Sen. Wamatangi, since I know you are a Member of the Committee and the Committee is still there, you can also assist the House by - I do not want to say duty of care; there is the one Sen. Kembi-Gitura says, “out of necessity”, - undertaking that the Committee will respond - whatever becomes of the Committee - to deal with Sen. Kembi- Gitura’s matter in two weeks’ time?

Thank you, Mr. Speaker, Sir. I am most obliged by your guidance. The precedent I was referring to is precisely what has happened now because, in future, it will become precedence. However, on the latter, with regard to what you have said, although the Vice Chairman of the Committee is in the House, we can undertake – if we will be back in business - to give that answer in two weeks and only if the Chairman we will elect is not going to be de-whipped again. In case he is de-whipped again, we may find ourselves back in the same spot. That is my concern.

On a point of order, Mr. Speaker, Sir. I have sought a statement and I am hearing other arguments which have nothing to do with what I have sought. However, I am grateful that you are going to make a ruling tomorrow which we shall await. In the meantime and for good order, if the only thing the Committee is lacking is the chairman because the Chairman has been de-whipped, and the Committee is dully constituted under Standing Order No.212, there is a quorum and a duly elected Vice Chairman, I do not understand what Sen. Wamatangi means by saying that the Committee cannot conduct its business because the Standing Orders do not say so. There is a Committee already in place. If it has a quorum, then it should do business that it was elected to do.

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

Order, Senators! I have said that I will make a ruling on this matter tomorrow, unless somebody has a burning intervention from the other side.

Mr. Speaker, Sir, whereas I respect your advice that you will make a ruling tomorrow, I am concerned that a message of bad repute has been put to the Floor of this House against the Vice Chairperson of the Committee. Is Sen. Wamantangi in order to suggest in any way that the Vice Chairperson of the Committee is incompetent, unable and not willing to execute any duties that appertain to that Committee?

Order, Sen. (Dr.) Machage! You are completely out of order. You are deliberately misrepresenting Sen. Wamatangi. That is not what he said.

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

Order! Let me dispose of this matter, which is very clear. Sen. Muthama, be brief.

Mr. Speaker, Sir, I will be brief. The mandate of whipping and de-whipping of Members in parliamentary Committees in the two Houses rests with the whips. The whips take actions arising from the consultations that have taken place within the parties. What happened in this case is not the way it is being put. The candidate was The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. We do not need to mislead this nation. I am the substantive Chairperson of the County Public Accounts and Investments Committee (CPAIC). Letters were done immediately without consulting my party, FORD-Kenya. For people to purport that I am de-whipped, without whipping, is misleading the nation. As you make your ruling, let it be known that parliamentary procedures and democracies must be followed, instead of just following self interests. Whips should take their positions when they de-whip; you do not de-whip without whipping. Nobody was whipped in our coalition. I had eligible votes and unanimously won. I was even supported by the outgoing Chairman, Sen. (Dr.) Khalwale, but other offices think that they can hold Kenyans at ransom by writing letters and making unilateral decisions. My party leader is aware of this issue and was even on radio saying that he supports my candidature. My reliable sources indicate that the process of de-whipping me from that Committee is on hold. I will make decisions as it comes, but we do not need to hold this Committee hostage. We have substantive work. This is the nerve of devolution and individuals with partisan interests should not hold this Committee hostage. However, I await your ruling.

Order, Senators! If you just allowed me to make the ruling tomorrow, you would not be making your partial views. You would want to contribute from an informed position. What is it, Sen. Billow?

Mr. Speaker, Sir, we have a parliamentary democracy and we must respect it. If a Member in this House is a Member of the Opposition and he has not formerly crossed the Floor to the Government side, he remains a Member of the Opposition, as per the records of the House. In fact, if any Member of that group wishes to work for the Government, they are at liberty to cross the Floor. However, to the extent that someone is still in the Opposition and has not crossed the Floor, you cannot throw out your baby from your house simply because he is disabled or has got some small medical problem. That is your team; please, respect the law.

Mr. Speaker, Sir, it would have been in order for all of us to wait for your ruling tomorrow, since you proposed that, but this is a matter that does not affect the entire House. It is a matter that affects CORD. The top leadership has spoken--- -

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Sen. Wamatangi, let me speak. This is not a personal matter. I wonder why it hurts you so much if it does not affect you at a personal level or as a coalition on the other side. If you had no interest, you would not have spoken. Mr. Speaker, Sir, the CORD leadership has spoken—

Order, Senators! This is a matter that should not evoke emotions.

Mr. Speaker, Sir, I am not speaking out of emotions. I want to do it soberly and say that the CORD leadership has spoken. We have consulted seriously and before your ruling, we will also give you our position. This should not give us unnecessary protracted wrangles, particularly from the Jubilee Coalition.

On a point of order, Mr. Speaker, Sir. First, you heard what Sen. Muthama said; that their coalition walked out of the elections and the Chairperson was elected by this side. During the elections of CPAIC, which I sit in, when Sen. (Dr.) Khalwalwe was elected the first time, he was given votes by all of us, including me, and he served as the Chair. For the second time, we gave Sen. (Dr.) Khalwale the mandate to lead the Committee, including a deputy from the opposition. We gave them our votes as Jubilee and CORD. It is worth noting also that, indeed, the Jubilee Coalition has voted for Sen. Wako to sit in the Committee. Why have they not de-whipped him? Sen. Madzayo has also been given a seat by the Jubilee Coalition. Therefore, the argument that is being fronted does not hold water. As Sen. Billow said, we must respect parliamentary democracy. It is absolute contempt for the Committee to wait for an election to happen and then after the election, de-whip the duly elected Chairman. We have been unable to prosecute vital business for this House because of that action. If we do not speak against oppression now, when shall we do it?

Order, Senators! Unless there is some reason you think the Chair is not competent enough to handle the matter, just allow me the opportunity in the next 24 hours to deal with this matter. My office has capacity, information and is privy to all the things you are discussing here. Our job is to filter all of them, look at the law as it is, examine the facts and give guidance. I will bring this to a close and we proceed with our business. You are invited to my Chamber if you feel there is additional information. I do not think this is proper use of our time.

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

Sen. Orengo, the problem with small points of order is that they generate other small points and you know small points become big points. I will allow the last point from Sen. Orengo and it better be small.

Mr. Speaker, Sir, I fully respect the direction you have given us and that you are going to have the last word on this. I was just worried about the kind of amnesia that was coming, respectfully, from Sen. Wamatangi. The precedence was set when this Senate convened. Sen. (Dr.) Khalwale was a Member of the Implementation Committee, nominated by the Jubilee Coalition at that time. By the way, there are no The electronic version of the Senate Hansard Report is for information purposes

The final one from the Whip, Sen. Elachi.

Mr. Speaker, Sir, I know it is an issue for a party, but we never de- whipped Sen. (Dr.) Khalwale because of the Implementation Committee. It was the Committee for Finance, Budget and Commerce. We had not done election then. If the elections were held, I do not think we would de-whip our members although they have gone against the party position.

I would plead with the Senate - where we have elected Senators in every county to represent the interest of that county, if we will start discrediting each other because of capacity, then we are going to make this issue political. Let us handle it in party meetings, but not on the Floor of this Senate.

Order, Senators! I am not going to entertain any more points of order. Even if you are threatened with being consumed with the burning fire, you will not be the first one to survive a burning fire. It happened in Genesis, so you will also survive this one. To dispose of a few things as we put them on record, because this is a House of record, I want to confirm as I sit today that the Committee had elected a Vice Chairperson. I also want to confirm that the statements are usually addressed to the Chair, but the Vice Chairperson or any other Member of the Committee, can respond. Even a substantive response can be brought by a Member. When Sen. Wamatangi took the undertaking on behalf of the Committee, it is perfectly in order. The rest of these things will be sorted by tomorrow. That is clear.

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

I hope it is not on this.

I just want to know when the statement will be given.

Two weeks, Sen. Wamatangi?

Yes, Mr. Speaker, Sir.

Hon. Senators, that is the end of statement time. Hon. Senators, I want to make an appeal. If you look at your orders, Order Nos.8, 9, 10, 11, 12, 13, 14, 15 and 16 are all for Division. Since we have the numbers, I would encourage that we pend this business so that we can dispose of this other business, but we shall revisit it later. I am encouraging all of us to remain in the Chamber. We will dispose of the business as follows:- The electronic version of the Senate Hansard Report is for information purposes

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

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

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

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

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

Hon. Members, present in the Speaker’s Gallery this afternoon are visiting staff from Kilifi, Nyamira and West Pokot County Assemblies. The staffers are here on a five day attachment visit to similar departments at the Senate. I The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I beg to move:- THAT, this House adopts the Report of the Standing Committee on Finance, Commerce and Budget on the Medium Term Budget Policy Statement, 2016 laid on the Table of the Senate on Thursday, 25th February, 2016. Mr. Speaker, Sir, on behalf of the Members of the Committee on Finance, Commerce and Budget and as required under the Second Schedule of the Senate Standing Orders, I present to this House this Motion whose deadline is today. It is significant for me to mention that the Medium Term Budget Policy Statement, 2016 is the critical document in the budget circle that is prepared by the National Treasury because it is the basis upon which all subsequent budget documents are prepared. It also sets the stage at which Parliament and by extension the public gets the feel of the main areas of expenditure as well as the revenue policies and debt levels that form the next financial year. In brief, the document sets out the broad objectives, policy goals and the strategic objectives that guide the national and county governments in preparing their budgets for the financial year and the medium term. Mr. Speaker, Sir, pursuant to Section 25 of the Public Finance and Management Act and its Regulations, the Committee assessed the compliance to this provision. The key context of the Budget Policy Statement (BPS) includes an assessment of the current state of the economy and the financial outlook over the medium term. It also includes the The electronic version of the Senate Hansard Report is for information purposes

Who is your seconder?

Mr. Temporary Speaker, Sir, the Senator for West Pokot can second.

Sen. (Prof.) Lonyangapuo, you can do it from the Dispatch Box.

Mr. Temporary Speaker, Sir, I rise to second this Motion as presented by the Chairperson of the Committee. There are many issues that have been raised. As he said, some of the issues have been raised even to the Treasury. When you talk about enabling national policies and programmes, what comes out very clearly is that there are functions that have been devolved. Any such functions should no longer be held by the national Government as already stated in the Fourth Schedule of the Constitution. For example, since health has been devolved, it is not good for the national Government to continue holding and keeping more money in the Treasury and yet the functions have gone to the ground. Mr. Temporary Speaker, Sir, on page 6, item 6, we are stressing on energy renewal and that we need to put more emphasis on solar and wind power. You note that we have plenty of sunshine in Kenya and many of our counties can use it. This point is very clear for county governments and the national Government to undertake.Some of our towns and cities need lighting during the night. It is not good that we continue using this expensive power and yet we can put more money into power generation. That is why it talks about setting aside money for solar and wind power. Some counties, without knowing what they are doing, have decided to buy these huge masks and they do not benefit in the evening because nobody uses them for business. If you go to Lodwar where there is plenty of sunshine, you will find an entire mast of electricity power that goes to waste during the night. In my town of Kapenguria, we have six of them which nobody is using and a lot of money is paid per month. So, it will need to encourage tapping of solar and wind power. Again, if you look at page 6, item 7, the report talks about our Committee seeking additional funds to enhance programmes for Arid and Semi-Arid Land (ASAL) areas that keep livestock. Today, people who live in these counties depend on livestock and their lives entirely rotate on the animals. It is a pity that we have not given them additional The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir. I rise to support the Report and thank Members of the Finance, Budget and Commerce Committee for the work they have done since last week. I want to also thank all the chairpersons of the various committees that presented their recommendations to this Committee. Mr. Temporary Speaker, Sir, when you look at the Budget Policy Paper we have six key pillars that the national Government is trying to address. The key pillar among all these is the pillar on sustained sectoral spending for employment creation. This is a pillar that deals with agricultural transformation which is now very low. We know that we have minimal resources that have been allocated to the sector and we hope as we give in our recommendations that the Ministries of Treasury and of Agriculture, Livestock and Fisheries will come up with a clear policy since agriculture is a devolved function. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I rise to support this Report, which is work well done by the Committee on Finance, Commerce and Budget. The Budget Policy Statement (BPS) is the first most important budget document because it is where the cycle begins. It is the first interaction that Parliament gets in the budget making process. It is where as the representative of the people we are meant to make serious input in terms of how our taxes are spent and monies are allocated. That is exactly why this was done. I also want to thank the Committee for inviting the Cabinet Secretary to clarify issues and making sure that the BPS went to all the standing Committees. We interrogated the policy in the Committees. I want to pick a few issues in the Statement. Matters of health are critical. In fact, the biggest customers of any health provision in this country are women and children. I know we have had many issues. The Committee has also noted that we need to improve in terms of money disbursement to the counties. As we know, this is a fully devolved function, but the challenges that we are facing in the counties are enormous. We have issues of negligence and maternal deaths that were preventable. People even die in ambulances. These are issues that we can be dealt with even at the county level. Mr. Temporary Speaker, Sir, recently, we had an issue in Nyeri that was reported in the media of a woman who gave birth while standing in a Government hospital. That baby, of course, did not survive. This is just one case that was reported. Many other cases have been reported in the past and we have requested for Statements here to do with negligence. We must look at the national Government and fault it in terms of the release of money for free maternity care. It must be timely and reliable. We must prioritize this during our engagement with the National Treasury, to prevent deaths. The other issue is cancer prevention, which is a programme under the Ministry of Health that is carried out in the counties. This money should be released and prioritized. The other issue on health is lease of equipment. I know that we have queried this issue in statements, but we have not got satisfactory answers. Article 189 of the Constitution envisages that these two levels of Government must have some kind of cooperation between them. It is not so difficult to share information unless we have something to hide. We must make sure that we expedite this issue of lease of equipment. We know that the Council of Governors also The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I rise to support this Motion in respect of adoption of the Committee’s Report. However, I support it with an amendment. I, therefore, wish to move the amendment which is:- I beg to move: THAT, the Motion be amended by deleting the full stop after the figure 2016 on the third line and inserting the following words: “, subject to amending the recommendation of the Committee on paragraph 109(f)(iii), page 49.

Order. The amendment he is talking about is on the Motion. After the words, “25th February, 2016” instead of a full stop, he is referring to a comma.

Mr. Temporary Speaker, Sir, for clarity if hon. Senators could look at the Report of the Committee on page 49 which is the second last page of the report; I am amending paragraph 109(f)(iii) on Division of Revenue. Mr. Temporary Speaker, Sir, the amendment I want to make on (iii) is as follows:-

I hope hon. Senators are following.

Mr. Temporary Speaker, Sir, I would like to guide the Chairman that the amendment is on page 49, paragraph 109(f)(iii) on Division of Revenue. The amendment I want to make is by deleting all the words after the word “recommence” on the fourth line and inserting the following words in place thereof:- “THAT, the official average rate of growth of revenue over the last four years of 13 per cent should be used at the minimum to compute the equitable share for the year 2016/2017.”

Can you read slowly? The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, could the office of the Clerk distribute those copies of the amendment? Thank you. “THAT, the official average rate of growth of revenue over the last four years of 13 per cent should be used at the minimum to compute the equitable share for the year 2016/2017” Mr. Temporary Speaker, Sir, may I give a brief background. The House will recall that in the last financial year, you appointed Sen. Kagwe, Sen. Elachi and I to the Mediation Committee on the Division of Revenue Bill. We did very well. We raised candid issues. However, we were knocked out on the very strong position by the National Treasury and the National Assembly; that, whatever it was that we were advancing, had not been canvassed for in the Budget Policy Statement (BPS). So, I am provoked to make this amendment. In the event that the Division of Revenue Bill will end up in mediation and should it require that there is need for us to increase the allocation as proposed by the National Treasury, that amendment should find when we have already made this provision in the BPS. Mr. Temporary Speaker, Sir, by this provision I mean – hon. Senators, I have gone through the Parliamentary Budget Office report on this BPS. I have a document which I have shared with a few Members. In this Report, the total revenue collection in the country has been growing. For the Financial Year 2011/2012, it was 12 per cent. It grew to 13 per cent in the Financial Year 2012/2013. It grew further to 15 per cent in the Financial Year 2013/2014 and to 14 per cent in the Financial Year 2014/2015. Therefore, for these four years that have been captured, the average growth in total revenue in the country is 13 per cent. Therefore, armed with that knowledge, we now go to the BPS. Those of you who have a copy of the document called BPS; it is stamped “secret.” It is a document from the journals office. On page 68, the National Treasury has put a table, 5.3, which shows equitable revenue share allocation to county governments. From it, they inform us that, whereas the money that went to the counties was Kshs259 billion for the last financial year, they are proposing that for this financial year, it should be Kshs280 billion. When you follow the legend of that table; what has informed the increment from Kshs.259 billion to Kshs280 billion is something they call adjustment. They say that they have adjusted from Kshs259 billion to Kshs280 billion by a factor of 7.9 per cent. I would like the House to remember that the same adjustment was done in the last Division of Revenue Bill. That time they used 10.4 per cent. Therefore, the amendment I am making introduces a scientific basis for that adjustment. Whereas, in the last financial year, the adjustment was 10.4 per cent, it was informed by the fact that the total revenue collection had increased. So, they needed to adjust it upwards. In this financial year, again, the revenue has increased, they are adjusting upwards but why are they using an arbitrary figure of 7.9 per cent? I am informing the House that the scientific way to do it would be to use the same factor by which the revenue collection is increasing. So, if the revenue is increasing by 13 per cent, then it follows that the adjustment factor should be 13 per cent. That is the purpose of the amendment. I request the whole House to see that if we do not put this The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to second this amendment. However, before I second, I want to seek direction from the Chair. My understanding of the Standing Orders is that after the secondment, the Chair proposes the Question and we will have to dispose it off before we go back to the original Motion. Having no voting numbers this afternoon, it means this debate will go on tomorrow. I have substantial information to contribute on the main Motion as well.

The Senate Minority Leader, the procedure is exactly the way you have described. I do not know why you are presuming that there is no quorum.

Mr. Temporary Speaker, Sir, the error is on the face of it. In law, we say records do not lie. We have nine Members including the Chair. In seconding this amendment, I am rightly driven and convinced by the reasons advanced by the Senator for Kakamega County, reasons that I believe the Chairman of the Committee to which the three of us belong will have no difficulty with. Budget and figures are scientific and one can approximate where there are no real figures. In the last census that caused this country many problems, the then Minister responsible told us that after he had received the census figures, he had to sit with his officers and smoothen the aggregates. There is no room for smoothening figures when they are explicit. The electronic version of the Senate Hansard Report is for information purposes

Members, you will be contributing to the amendment.

Mr. Temporary Speaker, Sir, I rise to support the amendment which has been proposed by Sen. (Dr.) Khalwale. The amendment is a very reasonable proposal going by the figures which are before us. The average revenue, as he stated, was 13 per cent over the past four years. The Treasury should not, therefore, use arbitrary figures or percentages to deprive counties of money. When you look at the Budget Policy Statement (BPS) on revenue projection - that is on No.67 on Page 18 - you will realise that they have projected revenue in the 2016/2017 Financial Year to be Kshs1.5 trillion, which is 20.6 per cent of the Gross Domestic Product (GDP). That is from the current Kshs1.36 trillion which is 21.1 per cent. So, 7.9 per cent is really depriving counties money when we know that counties are having problems, the health sector faces problems, doctors are not being paid and we need to buy sufficient drugs in counties. We need to equip hospitals in the counties so that they can match hospitals at the national level. We know that our people are dying because of starving the health sector with money. The Abuja Declaration states that not less than 15 per cent of the money should be allocated to the health sector yet at the moment, what is being allocated to health is a paltry 3 per cent. I agree with Sen. (Dr.) Khalwale that this amendment be approved by the House, so that counties are given sufficient money by using the 13 per cent of the revenue growth. The Government is still safe because it has projected twice the figure that it is trying to allocate to the counties. I, therefore, support the amendment.

Sen. Billow Adan Kerrow, Chairman of the Committee.

Mr. Temporary Speaker, Sir, I rise to oppose the amendment although I understand the rationale behind the proposed amendment and the good intention the Senator has for increasing the revenue that goes to the counties. However, when we were doing recommendations in our Report, we were very careful not to use the figures 13 per cent or so. We wanted to be certain that when we look at the Division of Revenue Bill, we should use the actual exact figure which we will have determined. In our Report, the Committee recommends that the official rate of growth of revenue should be used at the minimum. The Member talked about the official rate of growth of 13 per cent over the past four years. What is not determined is the official The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I wish to support the amendment. If you look at the detailed report, in (iii) on Page 24, the Committee itself contents that the Budget Policy Statement (BPS) uses a very conservative revenue growth rate. It says actual revenue realisation differs from the growth rate used in the BPS. The Committee, in its report says that the average actual revenue performance for the last four years is about 13 to 14 per cent. Therefore, the rate of revenue should be used at the minimum to compute the equitable share for 2016/2017 at 13 per cent. That is contained on page 24(iii) of the report that we are looking at. Mr. Temporary Speaker, Sir, I, therefore, support that we benchmark the increase in the equitable share on the actual revenue growth rate which is 13 and 14 per cent. The Chairperson of the Committee has brought in the argument that part of this could be the Appropriations-in-Aid. Probably, this is what we need to question; whether this 13 to 14 per cent growth is consistent across ordinary revenue and Appropriations-in-Aid. The BPS has recommended that we use 7.9 per cent in computing the increase in equitable share. I have not seen where that has been justified. In as much as the Committee calls this 7.9 per cent conservative, to me, it is arbitrary. This is because I have not seen where it has been justified. The 13 to 14 per cent has been justified on page 24 of the Committee’s Report. It is important that there is consistency. Otherwise, arbitrariness will open the doors to situations where we will think that one part of the Government is fighting another part. The CRA had earlier proposed that counties get Kshs331 billion on the basis of a 15.09 per cent increase in equitable share. In fact, CRA had proposed 15.09 per cent and the Senate is proposing something slightly less, on the basis of realities and actual revenue growth. It is not unreasonable to give counties this money. There is still debate on the issue of costing of functions and the Committee captured that in quite a detailed The electronic version of the Senate Hansard Report is for information purposes

Sen. Hassan. You may contribute now.

Mr. Temporary Speaker, Sir, I was hoping to contribute to the amendment itself. Now, I have heard the gist of the amendment. I support the amendment because of that relative growth of our revenue to what we allocate to our counties. I seek to support it. I had actually pressed my button to speak on the substance of the BPS.

Mr. Temporary Speaker, Sir, I rise to support the amendment. When there are figures which clearly stipulate the correct situation, it is not right to use an assumed figure. In this case, the average growth rate in revenue over three or even four years is 13 per cent and this is scientific. However, in this report, we are told that the Treasury is using a conservative figure of 7.9 per cent. I do not know whether there is, therefore, an intention by the Ministry concerned to slacken in revenue collection. We The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Temporary Speaker, Sir. I would like to clarify that in a document that was submitted to our Committee by CRA, they explained how the 7.9 per cent was arrived at. They took the average growth of revenue according to the Treasury plus the average growth in the Gross Domestic Product (GDP) of the country. So, it is not really arbitrary. They combined these figures. This is why we said that we wanted to look at it when we come to the Division of Revenue Bill.

Mr. Temporary Speaker, Sir, thank you for that. However, the fact is that even in the Constitution and its spirit, the basis of any division of revenue between the national and county governments would be the growth of revenue. It does not talk about economic growth and so forth that is being introduced now. That factor is not there. By using 7.9 per cent, there is, therefore, a likelihood that the stage is being set so that an agreement will come up to say, the proposal of Kshs302 billion to counties carries the day because of that figure. We should ensure that if there is revenue growth, then that benefit should be shared equally between the national and county governments in a fair manner according to the formula. That is what the Constitution envisages. We are in a transition period and we are now at a stage where we can say, yes, most of the functions have been devolved to counties unlike the previous years. In fact, the term of the Transition Authority (TA) is ending. Therefore, it is assumed that counties will take up most of the responsibilities of the devolved functions. The devolved functions are very central to the livelihoods of our people. Food is very important but agriculture has remained under-funded even for all the years that we have been devolved. Health is also key. Infrastructure whose bulk now falls under county governments is key as well because we are talking of rural roads. We should also as Senate, being a House that represents counties and county governments; that champions the counties, in a non-partisan manner analyze these figures with a view to safeguarding and preventing any mischief that may arise leading to reduction in funding to counties. With those few remarks, I support the amendments.

Thank you Mr. Temporary Speaker, Sir. I was consulting with my neighbour here. To begin with, I support the amendment. Page 24 (iii) says:- “The Committee notes that the Budget Policy Statement (BPS) uses a very conservative revenue growth rate in the computation of equitable revenue share. Actual revenue realization seems to differ from the growths used in BPS. Average actual performance for the last four years is about 13 to14 per cent, thus the rate of growth of revenue that should be used at the minimum to compute the equitable share for 2016/2017 should be 13 per cent”. Mr. Temporary Speaker, Sir, I think the mover, Sen. (Dr.) Khalwale is right and at the rate at which we are moving, we need to be actual. My neighbour here talked about the average that was done to get 7.9 per cent. We require what is going to make the county get more money. This Senate is going to support it because if you look at the The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Temporary Speaker, Sir. This is an important discussion and we are trying to find ways and means of seeing how we can create more funds for the counties so that the devolved functions can be seen to be working. Many times we go for workshops

(Sen.) (Eng.) Mositet): Hon. Members, since there are no more Members who are willing to contribute to this and I can see that we do not have enough numbers for a Division, can we defer?

On appoint of order Mr. Temporary Speaker, Sir, before I comment on deferment, I thought you should allow me a moment to respond to a very critical point as the mover.

(Sen.) (Eng.) Mositet): So you want to reply now?

Yes, Mr. Temporary Speaker, Sir.

(Sen.) (Eng.) Mositet): Okay, go on.

Distinguished Senators, I think the most important point that requires my response is in this report of our committee. If you go to page 24 (iii), it says:- “The Committee notes that the Budget Policy Statement (BPS) uses a very conservative revenue growth rate in the computation of the equitable revenue share. Actual revenue realization seems to differ from the growth used in BPS. Average actual performance for the last four years is about 13 to 14 per cent thus the rate of growth of revenue that should be used at the minimum to compute the equitable share for 2016/2017 should be 13 per cent”. Seriously speaking, all that I am doing is lifting this observation so that what we observed is captured in the recommendations. I want to urge the Committee Chair to change his mind and support because this is what he led us in observing in the Committee and our drafters failed to capture it in the recommendations. With those few remarks, I move that the Motion be supported by this House. In view of the fact that it is a Motion concerning counties, allow me under Standing Order No. 54 (3) to request that voting on this matter be deferred.

I can see an intervention by Sen. Billow.

Mr. Temporary Speaker, Sir, I rise under Standing Order No. 99 to move that the Motion be now adjourned.

Sen. Billow, are you referring to the main Motion?

No, Mr. Temporary Speaker, Sir. I am referring to this one because we are not able to proceed to the next stage of voting.

The amendment has been deferred for voting. The main Motion is being adjourned as per the request of the Chair. I then order that it appears in tomorrow’s Order Paper. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to move the County Library Services Bill (Senate Bill No.6 of 2015) ---

Just say that you beg to move that the County Library Services Bill (Senate Bill No.6 of 2015) be read a Second Time.

Mr. Temporary Speaker, Sir, I beg to move:- THAT, the County Library Services Bill (Senate Bill No. 6 of 2015) be read a Second Time. This is a simple Bill. Therefore, I will not take a long time on it as it seeks to devolve library services to the counties. It also seeks management of libraries set up in the counties. Currently, the public library services are regulated by the Kenya National Library Services (KNLS) Act which establishes a board within its main function to promote and manage the libraries. The current board was established many years ago. Therefore, this Bill seeks to establish a board in each and every county that will manage the libraries, including other services that provide library services that are not currently included in the definition of libraries in our Constitution. As we all know, libraries are important institutions in our societies.

On a point of order, Mr. Temporary Speaker, Sir. This is a House of record. Did you hear the distinguished Senator say that she rises to move the County Library Services Bill (Senate Bill No. 6 of 2015). The correct way of doing it would be for her to rise and say that she rises to move that The County Library Services Bill (Senate Bill No. 6 of 2015) be read a Second Time.

I corrected her and she said it correctly then went on to debate. Please, proceed Sen. Gwendo.

Thank you, Mr. Temporary Speaker, Sir. Sen. (Dr.) Khalwale, please, pay attention. I am privileged to have studied a degree course in Information and Library Sciences, which included studying the cataloging of books and information that helps to manage libraries. Currently, our libraries are not well established. The only libraries that are established are the national libraries. All the libraries in this country are run by KNLS Act. This Bill seeks to have boards established in the counties so that our people get library services at the grassroots level. This is because libraries do not only have books, but they have magazines, videotapes and other things that can impact information to our people. Part Two of the Fourth Schedule of the Constitution of Kenya provides for even cultural activities such as public entertainment amenities as a function of the county governments which libraries fall within. Therefore, the Bill seeks to ensure that library services are brought to the reach of our people. This then brings the importance of legislators being involved in this and ensuring that our counties have libraries that are not just buildings and structures that we see, but we do not walk into. For us to establish the boards in the counties, we have to push the need to have our libraries equipped by different kinds of information sources that can help to disseminate information to our people. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, this is a simple amendment but has an impact. Access to information is a constitutional right. Article 35(3) of the Constitution states that:- “The State shall publish and publicise any important information affecting the nation.” When I look at devolution, this is one place we will get information for counties in terms of budgetary policies that different County Executive Committee (CEC) members have and plans they have for the counties. This is one place we will publish them. Mr. Temporary Speaker, Sir, if you may recall, last year but one, we had appeals from the counties on some of the functions they felt would be better performed by county governments. One major function that came from 29 counties that appealed to the Senate was the issue of and management of libraries. Not every county is lucky to have a national library based in it. I think they were 11 or so counties if I am not wrong. Out of The electronic version of the Senate Hansard Report is for information purposes

Hon. Members, we still have one minute.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Wednesday, 2nd March, 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