(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, it is my pleasure to introduce the Senator-Elect for Kericho County, Aaron Kipkirui Cheruiyot, for swearing-in.

Welcome, Senator. Which is your faith?

I am a Christian.

So, would you like to swear-in or to affirm?

I would like to swear- in.

Okay. Let us proceed. The Oath of Allegiance was administered to the following Senator:- Sen. Aaron Kipkirui Cheruiyot.

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On a point of order, Mr. Speaker, Sir. Please, allow me in one or two minutes to congratulate the new Senator for Kericho County, Sen. Aaaron Kipkirui Cheruiyot. On behalf of our Coalition; the team that believes in change and the future of this country, I would like to congratulate the new Senator who was elected overwhelmingly by the people of Kericho County.

Mr. Speaker, Sir, never before has a young person introduced himself to politics and been thrown in the deep end from the word go. Sen. Cheruiyot has become such a person; baptized by fire, through strong politics in Kericho and triumphed against all expectations. As one of the people who attended and accompanied him in many of his campaigns, this young man, who is barely 30 years old, is eloquent, visionary, was committed to the cause and is loved by his people. He is famously known as kiptoyotkomas kasit.

Mr. Speaker, Sir, many have propagated lies out there about his election. For those of us who have faith in the institutions and the future of this country, this nation has moved from the days of mlolongo of 1998 where in the KANU nominations, the shortest queue was declared the longest. Those who are still dreaming by propagating lies that the shortest queue, more than 30 years down line, should be declared the longest, must be told this country has changed. We have moved to a new constitutional order and have new ways of doing things. The future of this country is based on constitutional order. Sen. Cheruiyot, you are welcome to this House. This is a strong House of elders. We have elders here like Sen. Wako, Sen. Anyang’-Nyong’o, Sen. Obure, Sen. Murungi, Sen. Leshore and Sen. (Prof.) Lonyangapuo, who is somewhere in between and who is gladly welcoming you. However, we also have strong “elders” like Sang and Sen. (Prof.) Kindiki and myself. This is a House of wisdom where we defend county governments and the Constitution. In most cases, we do so in a bipartisan manner. We welcome you here so that you can contribute to, not just making Kericho a better county, but also making this Senate and this country a better nation. We believe that in the next one year, together, we shall do more and change the course of history by investing in devolution which is the most successful and innovative chapter in our Constitution. Mr. Speaker, Sir, I thank you for giving me this moment. I wish the young Senator a bright future. I also thank the people of Kericho County for speaking in one voice. I also want to thank the former Senator, Sen. Keter, who is now a Cabinet Secretary. I can see him seated at the Speaker’s Gallery. He was my predecessor as the Deputy Majority Leader. I thank him for the great job he did for this House and his The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Murkomen. I know you have been carried away, but you cannot carry away our Standing Orders. You should not address yourself to the gallery. The people at the gallery should not applaud or else, I will not hesitate, including the former Senator, to eject them from the building.

Proceed, Sen. Wangari.

Nakushukuru, Bw. Spika. Nachukua nafasi hii kumkaribisha Sen. Aaaron Cheruiyot katika Seneti hii. Nderemo na vifijo katika Seneti hii ni dhihirisho tosha kuwa Sen. Cheruiyot ni mashuhuri sana katika Kaunti ya Kericho. Hatuna shaka kuwa atawaakilsha vilivyo wananchi wa hiyo kaunti na Kenya kwa jumla. Ningetaka kumpongeza aliyekuwa Seneta wa Kericho na sasa ni Waziri wa Kawi kwa kazi yake nzuri. Hatuna budi kuwa atafanya kazi nzuri katika Wizara ya Kawi. Ningetaka kumkaribisha Sen. Cheruiyot kwa kikundi cha “Vijana wa Bunge”. Sisi ni Wabunge chipukizi kutoka Seneti na Bunge la Kitaifa ambao umri wetu ni kati ya miaka 18 na 35. Kikundi hiki kina waheshimiwa Wabunge 47. Sasa tumefika 48. Ninakukaribisha kwa moyo mkunjufu katika kikundi hiki ambacho huongozwa na Mwenyekiti wa TNA, Mhe. Sakaja. Sisi katika kikundi hiki hatuna mipaka kati ya Bunge zetu mbili. Ningetaka kuwashukuru watu wa Kericho kwa kufanya uchanguzi wa haki na amani. Hatukushuhudia vituko au vita kama mahali kwingine. Hatukuwaona wanawake walio vuliwa nguo kama ilivyofanyika kule Malindi. Hawa ni watu wa heshima. Ningetaka kuwahimiza waendelea na moyo huo ili tujenge nchi yetu.

Mr. Speaker, Sir, I also want to welcome the Senator for Kericho. I would like to thank the young people because they have proved to us that they can overcome all the odds and ensure one of their own is elected. The 2017 General Election will see a change in this country. Sen. Cheruiyot has paved a way for the youth. I hope many young people will join politics and declare their candidature. The election of Sen. Cheruiyot to this House is a clear proof that in politics, you do not need a lot of money to win; all that you need is the support of your people. Over 70 per cent of our population is made up of the youth. The youth will change this country for the better. I also want to address the women of this country. Looking at Cheruiyot, you will see we have political parties that can accommodate all of us and ensure we are elected to Parliament--- The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Elachi. Sen. Cheruiyot has been sworn- in. He is now Sen. Cheruiyot. Start addressing him that way so that he gets used to the name.

Thank you, Mr. Speaker. Sen. Cheruiyot, you are an example for women, that we can go through an election---

He is not a woman!

Boni, stop bringing your theatrics here. There are no theatrics here. He is an example that can make women in this country---

On a point of order, Mr. Speaker, Sir. There is no doubt whatsoever that the newly sworn-in Senator is a man. Is Sen. Elachi in order to impute improper motives to the new Senator that he is a woman?

He is a man who protects women. In his election, we did not see women being stripped naked and I thank him for that. He also does not fight women, he takes care of them. That is why women were able to come out and vote for him.

I would like thank the people of Kericho County for electing a young Senator. Sen. Cheruiyot, with your famous kiptoyot komas kasit, welcome to the Senate.

Hon. Senators, there is a lot of interest in this matter. Restrict yourself to not more than two minutes. Proceed, Sen. Kajwang.

Mr. Speaker, Sir, thank you for the opportunity to welcome Sen. Cheruiyot. He was elected by the people of Kericho. I heard some people say that he was elected by a computer. But I know he was elected by people of Kericho. It is them who went to the polls to elect their Senator. With his election, the average age of this Senate has suddenly dropped. He brings in some freshness and vigour. Whereas the average age could have been 65, it has suddenly dropped to about 60 by the arrival of Sen. Cheruiyot.

Therefore, I welcome him. I ask him to feel at home. In a reversal of the Biblical trend---

Order, Sen. M. Kajwang’! On what basis is it? The first person to attribute to age talked of about 30. Age is a precise number. Proceed, Sen. M. Kajwang.

Mr. Speaker, Sir, when age is used politically, it stops being precise; just like politics.

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Order, Sen. M. Kajwang’! Promises are made. I am waiting for the confirmation.

Mr. Speaker, Sir, I join my colleagues in welcoming the new Senator for Kericho, Aaron Cheruiyot. We had a very healthy competition in Kericho County. May I state here that KANU is a member of the Jubilee Coalition, unlike some lies that were peddled around in some villages that KANU is in the Opposition. KANU is not in the Opposition and that is why you, Sen. Cheruiyot, are seated next to me. I can assure you that you will get a lot of coaching from me. You only need to believe in yourself. KANU is the oldest political party in the Republic. As you may have noted, there are issues that we raised which did not stop you from coming here. We believe there are channels which we can follow to challenge your election if we think we have credible evidence. We did not want to stop the people of Kericho from being represented here because Hon. Keter was appointed to the Cabinet. This seat has been vacant for some time, but I am glad you are now here to represent Kericho people. We came to assist the people of Kericho. KANU stood firm with people of Kericho County. There were issues that had stagnated for a long time without the attention of the Government. There was a song that was sung that “ tumetenga,tumetenga ”, but without tangible evidence of what they were doing for Kericho people. For example, the construction of the famous stadium in Kericho Town had stalled for two The electronic version of the Senate Hansard Report is for information purposes

What is it, Sen. Wetangula?

On a point of order, Mr. Speaker, Sir. I appreciate the accolades being given to our newest Member and I congratulate him too. However, I have looked at the Standing Orders with regard to Administration of Oath. Administration of Oath is a very solemn moment for the House. Under what Standing Order are we degenerating into debate under Administration of Oath? I have been in Parliament since 1993. I have never seen on any occasion when an oath is been administered to a new Member followed by a speech from anybody. We have just witnessed the swearing in of Barrack William Mtengo in the “lower” House. As soon as they finished, they went on to the next Order. I am just at a loss as to whether we are right in debating the swearing in of a Member. There will be an opportunity to congratulate him through other Business of the House.

What is it, Sen. Orengo?

On a point of order, Mr. Speaker, Sir. I was not going to contribute to a point of order. However, I will go ahead now that Sen. Wetangula has raised this very important issue. The Administration of Oath is a very solemn process. It is normally undertaken with silence. I just witnessed the Administration of Oath in the other House and all Members were standing up. The problem is when you start to invite comments, debate will come which may contaminate the oath that has been taken. For example, if Sen. (Prof.) Lonyangapuo had stood up and said that, as KANU, they do not recognize that election; he would be quite in order to make those statements in the way everyone else is. However, now that Sen. Cheruiyot has been elected and sworn in as a Member of this House, he should subscribe to the oath and become a Member of the Senate. In my comments on the Standing Orders, there are certain things I would have said which may have been unpalatable now that we have opened up a debate. However, now that we have recognized him as one of us, at the first instance, it should be a solemn oath and it should rest at that. If a judge is being sworn in, you do not invite lawyers who are present to make comments about the judge. One can say that they saw the judge receive bribes and such things. Sen. Elachi has said very good things, including the issue of gender. I was once with Hon. Chelangat Mutai. A member rose to determine whether or not she should be called a woman. That is not a basis upon which somebody qualifies to be a Member of Parliament (MP). There is nothing in the Constitution that says one qualifies to be an MP The electronic version of the Senate Hansard Report is for information purposes

Order, Senators! We do not have to flog a dead horse. Any Member can rise on a point of order at any one time and we have done it before. We did it with Sen. M. Kajwang when he came. As far as I am concerned, you cannot undo the swearing ceremony. It was concluded. The Member went to the bar and came and took his place. Therefore, what I am hearing from the leader of minority is that we are using this opportunity to raise many other issues. We should instead stick to the point of just congratulating the new Member. It should be done in less than a minute. I, therefore, direct that nobody should debate. Congratulate the Member in a maximum of one minute and we proceed. I will restrict it to two-two minutes from either side. What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir. I had joined the Senate Minority Leader and the former Prime Minister in the other House to witness the swearing in of our elected Member of Parliament for Malindi Constituency. While there, I noticed something very strange. During that swearing in moment, it was the Members of the Opposition who were standing in honour of that swearing in ceremony. There is need for the two Speakers to consult. In this House, when the Senator was taking oath, the Senators were seated and doing their thing. Procedure would have required that both sides of the House stand to respect the new Senator in keeping with the traditions, not just of this House, but of the Commonwealth Parliaments.

Order, Senators! Sen. (Dr.) Khalwale has raised a very fundamental point. I will make a substantive ruling on this particular issue. However, we cannot allow a situation where one side of the House behaves differently on a procedural matter, honouring a Member. My feeling is that we should all have been upstanding in order to receive the new Member. However, there was a divided opinion thus we decide not to enforce it. It is good you are raising it so that we can clarify it, once and for all. Sen. (Prof.) Lonyangapuo, you may conclude.

Mr. Speaker, Sir, as I conclude, competition is the key in this game of politics. Therefore, next year, we will be preparing ourselves and we will meet on the ground.

Order! Now that is what I described as a debate.

Mr. Speaker, Sir, I thank the people of Kericho County. We will represent them here with the new Senator.

Sen. Orengo, there is no harm in you resuming your seat and raising your point of order. Sen. Orengo, you may proceed. The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. You have said that you will give a substantive ruling. If there is anything which is on record which had nothing to do with congratulating the new Senator, I think that record should be expunged. For example, there was a reference to what happened in Malindi. In order to give solemnity to this occasion, anything that had nothing to do with the distinguished Senator from Kericho County, should be expunged---

Order, Members!

Mr. Speaker, Sir, in order to ensure that future generations of people do not take the bad examples that we set on the first day of a Senator, all that should be expunged so that all that is left on record, is how this Senate received and congratulated the new Senator. Otherwise, if there is something ---

Order, Sen. Orengo! You have made your point. That is one of the issues that we will be looking into. Next Order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of Senate today, Tuesday, 15th March, 2016:- Report of the Standing Committee on National Security and Foreign Relations on a study visit to Russia.

Order, Members! Could you clear your requests so that we only deal with relevant orders? REPORT OF THE MEDIATION COMMITTEE ON THE MINING BILL (NATIONAL ASSEMBLY BILL NO. 9 OF 2014).

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of Senate today, Tuesday 15th March, 2016:- Report of the Mediation Committee on the Mining Bill (National Assembly Bill No. 9 of 2014).

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Next Order.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of Senate today, Tuesday 15th March, 2016:- Report of the Standing Committee on Education on the Kenya National Examination Council (Amendment) (No.2) Bill, 2015.

Any other Paper to be laid on the Table? Next Order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Standing Committee on National Security and Foreign Relations on a study visit to Russia, laid on the Table of the Senate on Tuesday, 15th March, 2016.

Thank you, Mr. Speaker, Sir.

Order! Sen. Chelule, you may wish to keep your card off for now or, at least, do not put the request. Proceed, Sen. Ndiema. ADOPTION OF MEDIATION COMMITTEE REPORT ON THE MINING BILL (NATIONAL ASSEMBLY BILL NO.9 OF 2014)

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014), laid on the Table of the Senate onTuesday, 15th March, 2016. The electronic version of the Senate Hansard Report is for information purposes

Order, Senators! I hope everybody has the Supplementary Order Paper. We will skip statements for now and go to Order Nos. 8 and 9 because Order No.10 is Committee of the Whole.

Order, Members! We will ring the Division Bell for 30 seconds.

Order Members. I propose that we proceed with the next vote. Next order!

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, as you move to the Committee of the Whole, if you look at the Supplementary Order Paper, you will notice that Order Nos.10, 11, 12 and 13 are all divisions. I encourage that you take the divisions all at ago so that you can conclude that business and then go back to the statements. Next Order!

Hon. Senators, we are now in the Committee of the Whole. We are moving straight to divisions.

On a point of order, Mr. Temporary Chairman, Sir. When you stood, you bowed on your right and then on your left. It is only upon bowing on your left that this side responded, but the other side did not bow as expected of them. Could you make a decision on what you will do to them since they did not respect your bowing? I watched them and the video machine can attest to my assertion. Mr. Chairman Chairperson, if you do not take action, the House will become very casual and it will no longer be a House of rules.

Sen. (Dr.) Khalwale has raised a very important issue. Since I did not see what happened, I advise hon. Senators to follow the rules and orders of this House next time. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole report progress and its consideration of The Kenya National Examinations Council (Amendment) Bill (Senate Bill No.7 Of 2015) and seek leave to sit again tomorrow.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Kenya National Examinations Council (Amendment) Bill (Senate Bill No. 7 of 2015) and seeks leave to sit again tomorrow.

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

seconded.

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Hon. Senators, we move on to Order No.11.

On a point of order, Mr. Temporary Chairperson, Sir. If I remember well, the Speaker ruled that we would revert to Statements once we were through with the Divisions. Since we do not have the requisite number to deal with Order No.14, I thought we would defer it and revert to Statements.

You are right, Sen. Muthama. But since the Order we are now dealing with will take a few minutes, I suggest that we finish it and go back to Statements.

Much obliged, Mr. Temporary Chairperson, Sir. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clauses immediately after Clause 3- Amendment of section 14 of No. 42 of 2012

The Division will come at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended by inserting the following new clauses immediately after clause 3- Amendment of section 19 of No. 42 of 2012

The Division will come at the end.

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Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended by inserting the following new clauses immediately after clause 3- Repeal of Section 25 of No. 42 of 2012.

The Division will come at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 1- 1A. The Universities Act, in this Act referred to as “the principal Act” is amended in section 2 by inserting the following new definition immediately after the definition of the word “institution”- “mid-level institution” means a post-secondary school learning institution that offers a certification below that of a degree;

The Division will come at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, the clause where university council chairpersons are university professors be amended so that the council chairpersons are persons experienced in Business Management Law, up to the Masters Degree level, with not less than 10 years experience. The electronic version of the Senate Hansard Report is for information purposes

The Division will come at the end.

Mr. Temporary Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of The Universities (Amendment) Bill (Senate Bill No.31 of 2014) and seeks leave to sit again tomorrow.

On a point of order, Mr. Temporary Speaker, Sir. Have you noted that our new Senator who is supposed to be seated here has been taken out by colleagues? He should be returned back to the House.

Senator, you are completely out of order. I believe the Senator is still around. Maybe he is being oriented in the House. There are many rooms in this House where you can consult and get the wisdom you may need.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Universities (Amendment) Bill (Senate Bill No.31 of 2014) and seeks leave to sit again tomorrow. The electronic version of the Senate Hansard Report is for information purposes

Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. Karaba to second.

seconded.

Order, Senators. I now propose the question.

We shall go back to Statements. I am doing that since there was a ruling by the Speaker that we go back to Statements after the Committee of the Whole. I thank Members because we have at least dealt with Order No.14 and disposed of it.

On a point of order, Mr. Temporary Speaker, Sir. This is a Statement that I sought. I am quite familiar with the Chairperson of the Committee. However, I cannot see him. Secondly, I am aware that Sen. Khaniri was the Vice Chairperson of the Committee but he was de-whipped from the position. My understanding is that it is most likely that the Committee does not have the Vice Chairperson at the moment. So, I wish to seek your guidance on that because the chairperson is not here yet the Statement is listed for today. Furthermore, I am yet to receive a copy of the said Statement that was to be delivered today.

At least, the Committee is still in existence since there is a Chairman and other Members. In the absence of the Chairperson and the Vice Chairperson - going by the words of Sen. Muthama that the Vice Chairperson was de-whipped - we still have Members of the Committee. If there is any Member of the Committee on Land and Natural Resources around, could we have them giving us the Statement? Sen. Wangari, are you a Member of the Committee? Would you know the status of that Statement?

Mr. Temporary Speaker, Sir, I am sorry I have come in late. However, I will undertake to check the status of the Statement that was sought by Sen. Muthama and give a response to the House next week on Tuesday.

Since Sen. Muthama has already said that there has not been any communication; I direct that we go by the words of Sen. Wangari, that the Statement be issued within one week.

Mr. Temporary Speaker, Sir, I have no problem with that. However, the point that should be noted by the House, through the Chair, is that the The electronic version of the Senate Hansard Report is for information purposes

Sen. Muthama, I just want to bring to your attention that when statements are sought, a particular period of time is allowed before a response is given in this House. That is the reason it was scheduled to be issued today as per the time you had requested for it. It was expected the answer should be ready today. However, I do not think the answer is ready up to now. So, let us allow Sen. Wangari at least one more week.

Do you mean that there was another statement that you sought and it is ready to be given?

Mr. Temporary Speaker, Sir, I have the answer from the Vice Chairperson of the Committee on National Security and Foreign Relations. That is what I am saying. By listing a statement, it means there is confirmation that the report is ready. However, I have no problem and I will wait up to Tuesday. I am just asking the Chair to direct that I be given a copy of the response in advance before Tuesday. That is if it is there.

For the benefit of other Members, so that they can also know the statement you had sought, I direct that the Chairperson issues it tomorrow afternoon.

Mr. Temporary Speaker, Sir, with your permission, I had requested, Sen. Muthama to allow me to issue the statement on Thursday. I will not be around tomorrow because I have another engagement.

Mr. Temporary Speaker, Sir, that is the true position. I consulted with the Vice Chairperson of the Committee on National Security and Foreign Relations and we agreed that the statement be delivered on Thursday. I wish to thank her in advance for giving me a copy of the statement last week on Wednesday. Since she has commitments, I accept that.

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Okay. Next we have Statement (b) that was directed to the Chairperson of the Standing Committee on Education. IMPLEMENTATION OF THE BASIC EDUCATION ACT (2013) ON OUTLAWING CORPORAL PUNISHMENT IN SCHOOLS

Mr. Temporary Speaker, Sir, I am yet to receive a new Statement from the Cabinet Secretary (CS) for Education. As soon as I receive it, I will present it to the House. However, it will be ready by Thursday, this week. We are still trying to get it.

Mr. Temporary Speaker, Sir, I impress on the Chairman of the Committee on Education to take this Statement seriously. We had a school in Vihiga County where girls are being seriously caned as corporal punishment. We need to guide the country on where we stand on the implementation of this Basic Education Act 2013. I pray that you direct that we get this Statement by the end of the week and not later than that.

Sen. Karaba, did you say you would be ready by Thursday this week?

Yes, Mr. Temporary Speaker, Sir. As soon as I receive it, I will issue it. I am sure it will be ready by Thursday.

On a point of order, Mr. Temporary Speaker, Sir. Sen Wangari wants an undertaking from the Chairperson of the Committee. However, he says that if he will have the statement, he will deliver it. He is not giving a commitment as the Chairperson of that Committee that he will deliver it on Thursday. He is putting a rider on it that if he will receive it, he will deliver it.

Sen. Karaba, I direct that you use all the machineries of this House to ensure that you issue the statement by Thursday afternoon.

On a point of order, Mr. Temporary Speaker, Sir. Did you even notice that in his demeanor, he casually makes a statement that even if he receives it at night, he will deliver it? That casual way of handling things by the Committee Chair is totally out of order.

Order! You are completely out of order. I never heard him say so. Next Statement by the Chairperson of the Standing Committee on Roads and Transportation. TARMACKING OF ROADS IN MERU COUNTY

Mr. Temporary Speaker, Sir, I have not seen Sen. Kiraitu here. He is not in at the moment. However, I had already informed him that the statement is not ready. I further informed him that the Cabinet Secretary, Ministry of Transport and The electronic version of the Senate Hansard Report is for information purposes

Will the CS be coming to your committee or a Kamukunji?

Mr. Temporary Speaker, Sir, he will be coming to our Senate committee. However, I had already requested the Senators who have issues to attend. We will, probably, make it a Kamukunji before the House Kamukunji that is scheduled for later on.

Then you should let the Speaker have it so that he can communicate from the Chair.

I will, Mr. Temporary Speaker, Sir.

Next Statement! Chairperson of the Sessional Committee on County Public Accounts and Investments to issue a Statement on Report of the Special Committee on the proposed removal from office of Governor of Murang’a County. We can defer that, not because of the technical hitch with the Committee, but because the seeker of the Statement is not around. Were there Senators who were seeking for new statements?

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.45(2)(a) I would like to make a Statement on an issue of general topical concern relating to societal moral decay, specifically the so-called project ‘x’. My concern has arisen due to the current surge in wild parties bordering on orgies which all of us, as leaders and parents, have reason to be concerned about. Kenyans should speak against this. Our very social fabric is under attack.

If you are seeking the statement, it must have been approved. You should be reading it not debating.

I am reading the statement, Mr. Temporary Speaker, Sir.

Okay, continue if you are reading it.

Mr. Temporary Speaker, Sir, my attention has been drawn to a story that is trending online about an orgy infamously known as project ‘x’. It was scheduled to take place on 12th March, 2016, somewhere in Kileleshwa. Such things have been happening for a while. However, thanks to new media, they are being amplified. The electronic version of the Senate Hansard Report is for information purposes

What is your point of order, Sen. Sijeny?

On a point of order, Mr. Temporary Speaker, Sir. I wish to ride on Sen. Gwendo’s Statement. Whereas it is very sad that these things are happening, I have already been vindicated. When I alerted the nation that we have a serious problem with a certain constituent, our youth, especially the adolescents, I was called names. I am glad that now the society is taking this issue seriously. The Government, churches and the parents are taking the initiatives. I just want that there be proper policies, guidelines and a legal framework to ensure that our youth are well-taken care of. They should be given all the moral support that they need. I urge this House to fast track and pass the Reproductive Healthcare Bill which gives modalities of how these youngsters can be mentored and made to fit in the society without necessarily using the rod.

Sen. (Prof.) Lonyangapuo, what is your point of order?

On a point of order, Mr. Temporary Speaker, Sir. I laud Sen. Gwendo for pointing out this issue that was printed in the newspapers the other day. It is time we asked every Government Agency that relates to release of permits to go further than that and detect what type of activities are supposed to be taking place. They should not just give out permits for such activities to take place.

Madam Temporary Speaker, on what Sen. Sijeny from USA (Ugenya, Siaya, Alego) has said, this issue has no relationship with the Bill she has. The one she has encourages these activities. We do not want to mix the two. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir ---“

Order! I am not a Mr.

On a point of order, Madam Temporary Speaker. Is the Senator for West Pokot really in order to give an indication without substantiating how Sen. Sijeny’s Bill promotes the kind of immorality that is being pointed out by Sen. Gwendo in relation to Project X issue?

On a point of order, Madam Temporary Speaker. Is Sen. (Prof.) Lonyangapuo in order to mislead the nation when it is very clear? He has gone through the Bill and even contributed and debated on it. He knows the Bill is about adolescent friendly reproductive health care services. This is supposed to mentor and give them moral and spiritual guidance and proper mentorship. It is a programme with a legal framework on those learning skill and many others. For those who are unable to go to the next level of studies, those life skills, training and what have you will keep them away from even thinking about these vices. It does not talk about parties or anything. He should read the Bill properly.

Sen. (Prof.) Lonyangapuo, are you convinced?

Madam Temporary Speaker, Sen. Sijeny’s Bill promotes the use of condoms ---

It is not. The issue that Sen. Gwendo has raised is an acute emergency. It is an issue that was going to propagate orgies as she had said. That does not allow kids to walk around with condoms. Like somebody said, your Bill is so different from this issue.

Sen. Sijeny, is that the true position?

Madam Temporary Speaker, I am even shocked and I do not know what Sen. (Prof.) Lonyangapuo is up to. This debate has been there several times. I have held workshops and said that it does not give condoms to children. In fact, when the Bill is properly read, interpreted and enacted, it will make them not to think about such things. We were once children and we were not given condoms. We participated in life skills and also had fun. We played debate and sports. We did agriculture. You do not dig or swim with condoms. The Senator should stop misguiding the nation. He should read the Bill. I am thoroughly shocked and disappointed about your assertions.

Madam Temporary Speaker, the tragedy of what Sen. (Prof.) Lonyangapuo is trying to suggest is that this House has entertained – from the First Reading to the Second Reading and now under the Third Reading – a Bill that he seems to suggest promotes immorality. That is an affront to this House. For him to make these kind of allegations without giving provisions in Sen. Sijeny’s Bill that seem to support The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Madam Temporary Speaker. I seconded the Bill that Sen. Sijeny moved in this House. I would like to plead with my colleague and fellow professor, Sen. (Prof.) Lonyangapuo, that it is in the tradition of Parliament that once a Bill is debated and passed, you cannot go back on the same and begin criticizing or revising in retrospect. It is not good parliamentary culture. Having said that, the issue that Sen. Gwendo has brought to this House is extremely important. I think we should not just treat this particular incident as an isolated one but look at it as part of a youth culture that is emerging in this country which should be stopped forthwith. If we do not, the kind of issues that Sen. Sijeny raised in her Bill would be compounded and we will have health problems and demographic issues that we cannot really handle as a nation. I commend Sen. Gwendo. I also think that we should go further as the Senate and find out how we can establish rules, laws, regulations and procedures that make any youth gathering for a party be companied by parental guidance.

No! This is very important. When you go to watch a movie, there are certain movies which say: “This movie requires parental guidance”. When we were in high school and going for certain activities, you had to have teachers with you. Those activities involved dancing, entertainment and so on. They are not different from the parties that these kids go to. However, if we allow a culture that assumes that kids can do that without some kind of parental guidance, we are entering an extremely dangerous zone. I am for looking for cure to the problem and not just describing the problem. You remember Karl Marx once said that: “Philosophers have described the world in various ways. The point, however, is to change it.” So, in order to change the thing, we must come up with rules, regulations and processes that will allow kids to entertain themselves but with some kind of guidance. Thank you.

I think those are enough interventions. I will allow Sen. (Prof.) Lonyangapuo to conclude.

Madam Temporary Speaker, it is true what Sen. (Prof.) Anyang'-Nyong'o has said. Today, we have programmes late in the evening where they run a warning on your television saying: “Parental guidance required”. There are families that have one or two television sets in different rooms. So, I think we need to go further than that. We have two parastatals; one is called the Kenya Film Classification Board (KFCB). They are supposed to regulate and check these things. They are not doing their work to the extent that this new phenomenon has now arrived, where you hear somebody just advertises that youth are meeting somewhere. The electronic version of the Senate Hansard Report is for information purposes

Sen. Hargura!

Madam Temporary Speaker, I wanted to request for a statement.

Okay. Your name was first on the list for requests to contribute. So, we will consider that later. Again, you have just removed your name from the request.

Do you still want to contribute?

Madam Temporary Speaker, yes. I also thank Sen. Gwendo for that Statement. Indeed, it is quite appalling that we have got to a situation where we put it out there in the media that we have a party and nobody goes home a virgin. I think we have lost it. I also think that we must also interact with the fact that if you look at the Ministry of Education in terms of guidelines on age, you will see that there have been very many cases of under age children that are finishing school before they are 12 years old. It has a direct correlation, according to me, that at least by the time you are finishing Form 4, you should be 17 heading to 18 years. I think there was some wisdom in that. I think we also need to have a Motion in terms of implementers of the law because the law is not the problem. We have the law and we know clearly that even in terms of consent, what that means is that one has to be an adult. The question is: Who implements the law? I also thank the media because we nipped this in the bud. It was reported through social media and implementers picked it up from WhatsApp groups, Facebook and

and acted on it. I congratulate those who act as responsible citizens in their areas. Madam Temporary Speaker, I would also want to know what exactly happens to the people holding these parties. In the recent crackdown in Phenom Estate in Lang’ata, such a party was being hosted by a lady who is the wife of a general in Southern Sudan. She was released without conditions in terms of responsibility. Adults aiding this must bear the consequences. There must be thorough punishment for the same so that whenever you do it, you know where to stop. If you are holding a normal children’s party, you know what it entails and that it should not include cigarettes, bang and free sex for all. It must be very clear that the responsibility is vested on the adults aiding this. Thank you.

Madam Temporary Speaker, I thank Sen. Gwendo for bringing up this particular matter. Sometimes, I get the feeling that we do not get or understand the youth. All of us were youth at some point in our lives. In the villages of Homa Bay where I come from, during my childhood days, we used to have things called “disco matangas”. These were dances that were organized after the burial of anyone in the village who was prominent. Sometimes, we used to do some things that bordered on the immoral, at that point in time but it was not as bad as it is today. Our definition of morality seems to be shifting and changing with time. The electronic version of the Senate Hansard Report is for information purposes

There is an intervention from Sen. Wangari.

On a point of order, Madam Temporary Speaker. Is Sen. M. Kajwang in order to educate this House on matters of becoming a good wife? Is it in order for him to omit on matters of becoming a good husband? Could he separate the two?

Sen. M. Kajwang, what exactly are you trying to tell this House and the nation; that we should prioritize on educating our girls on becoming good wives or how to become good citizens and successful women? The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I do not insinuate that it is only women who need to be taught these things. In fact, in an environment where there are

, the women are much better than the men by far. If we were to bring a senga arrangement, it should also apply to men. Men sometimes assume that they know everything by instinct but that leads to terrible mishaps. In no way would I be insinuating that Kenyan women, as compared to Uganda women, are in any way inferior because they do not have sengas . In conclusion, today there was an interesting article that touches on the same subject that Sen. Gwendo has brought up. An author reminded us of a sad story of Tamar, the story of rape in the book of Samuel in the Bible. The conclusion that is drawn from this story is that this son of a king - a king who was always busy in military campaigns - was an adolescent living in a vacuum and without a role model. That is the problem that our youth have. Parents have abdicated the role of parenthood to our nannies, teachers and the church and are not taking responsibility. As we discuss this matter, I urge us to think about whether there is anything good and positive about the young people who are promoting Project X - assuming that it was real - so that we focus on the positives and attempt to build the positives. I urge Sen. Gwendo to advance this so that we can have a debate on morality and on the agency that is best placed to play the role of “moral police”. Definitely, it is not the KFCB as is currently constituted, not the police and definitely, not Gen. Nkaissery.

Thank you, Senator.

Madam Temporary Speaker, I want to associate myself with the remarks that have been made by Sen. Gwendo. However, listening to her, may be, the best way to have moved forward is not to come under Standing Order No. 45 2(a). She can easily convert that into Standing Order No. 45 2(b), so that we compel the chairperson of the committee to come with a statement from the Government to respond to all those issues that she has raised so eloquently. It is important that we put the Ministry of Interior and Coordination of National Government to task so that they respond to those issues. If it is fiction, the Government will tell us that Project X is fiction and is not real. I request that you consider that as being a useful way to proceed. In conclusion, Mrs. Speaker Madam, allow me to---

Sen. (Dr.) Khalwale, which kind of title is that? We do not have anybody referred to as Mrs. Speaker.

Ms. Speaker, Madam.

It is Mr. Speaker, Sir, or Madam Temporary Speaker.

Madam Temporary Speaker, if we just think about it quickly, if we are right to say Mr. Speaker, Sir, then we are also right to say Ms. Speaker, Madam.

Proceed with your contribution.

Thank you, Ms. Speaker, Madam.

That is a non-issue.

Madam Temporary Speaker, it is a non-issue but I am allowed. The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, let me also join other Senators in congratulating Sen. Gwendo for bringing this concern. Truly, our country is at cross- roads. Young people are coming up with a new culture which is completely different from the African culture which is quite rich. I know my in-law said that, as Maasais, we do not have a problem with maybe a “Project X” of some sort, but I can tell him that in our culture, the issue of the spear has been talked about, where I can go to my age-mate’s home and place the spear in front of the house. So, he will have to shift. It does not mean that when you go there, you have to do wrong things. It is just out of respect, as an age- mate that when you go there you are taken care of, you are fed and given water to wash your feet but the following morning, you bless the home and go. The other issues you are imagining never arise.

Madam Temporary Speaker, I seriously feel that this issue needs to be discussed by the whole country. The religious groups must take it up also. Quite a number of Kenyans subscribe to one religion or the other. On the other hand, we have those who subscribe to tradition. We fully know that we are supposed to take care of our children and at a particular point when a girl tells you that she needs to get married, it is at the right age. The religious groups are important because at adolescent, youngsters do not necessarily want to be with their parents but the pastors can talk to them. At that age, it would be important if they are taught good morals and a follow up is made. As leaders, we should also not shy away from talking about it. Sen. Wangari said that there is a club for young people where they are taught not to lose their virginity, for instance, and to also create a good relationship with them. The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, it is like the world has come to an end. We are seeing the signs of the end of the world. These signs are there in the Bible. If you read Revelations keenly, these could be the end times. I want to tell my fellow Senators that as a former teacher, principal and the Chairman of the Committee on Education, this thing is widespread. It is not only “Project X”. There are many projects everywhere and not only in Nairobi but all over the country. We should not single out the Lang’ata incident and treat it as isolated. It is happening in all county headquarters, especially in big bars in towns like Embu, Nyeri or Mombasa. It increases after the end of the Kenya Certificate of Secondary Education (KCSE). The girls and boys have networks and assemble in places to celebrate the leavers’ bash. These bashes are sponsored by tycoons and owners of these bars. If you happen to be in one of these places, what you see there is unimaginable. Therefore, it should be banned. What is happening now seems like a legalized event. Sometimes, even governors who own bars authorize and allow these things to happen in their premises. “Project X” is just one but there are others going on and we should condemn them especially if school leavers are involved. This is the time for us to crush these activities called “leavers’ bash”. It usually happens a week after form fours leave school. This is serious, please take note.

Sen. Wangari, do you still want to speak? Then let me give to Sen. Leshore.

Madam Temporary Speaker, I want to seek for a statement.

Proceed then. STATUS OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Madam Temporary Speaker, pursuant to Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget regarding the Public-Private Partnership Projects (PPPP). In the statement, (i)The Chairperson should state the number of public-private partnership projects undertaken across the country in the last three years and also give the status of each project. (ii)The Chairperson should also state the cost of each public-private partnership projects undertaken. (iii)The Chairperson should also explain the legal framework safeguarding the interest of both the public and private investors in the public-private partnership projects.

The Chairperson of that particular Committee is not in the House. Any Member of that Committee in the House?

Madam Temporary Speaker, the question that was raised by Senator for Samburu County on the PPPs that have been signed and given out The electronic version of the Senate Hansard Report is for information purposes

Order, Senator! You are supposed to give an undertaking on behalf of your Committee when the information sought will be availed to us. Instead of doing so, you asked an additional question to Sen. Leshore’s request. You must confine yourself to speaking on behalf of your Committee and tell us when you will give a response to that request for a statement.

Madam Temporary Speaker, I thought we had first to exhaust all questions and then I make an undertaking on behalf my Committee.

Order! That is not the right procedure. First of all, you must give an undertaking and wait for the matter to come on the Floor of this House then you interrogate it further. Right now, you are supposed to give us an undertaking on when the Committee will address this matter.

Madam Temporary Speaker, on behalf of the Chairperson of our Committee, I request for two weeks.

We could be going on recess in two weeks’ time yet this is a very important issue, as you have rightfully put it. Therefore, one week should be sufficient for you to bring the response to the House.

Madam Temporary Speaker, we will bring the response in one week’s time.

Sen. Leshore, are you fine with one week?

Yes, Madam Temporary Speaker.

On a point o order, Madam Temporary Speaker. I had requested for a statement which was to be issued last week, but the Chairperson of the Committee on Education indicated that it was not ready by then. It is now ready. In fact, he has given me a copy of the response.

Thank you for bringing that to my attention. I will give the Floor to Sen. Hargura to request his statement as I consult with the Chairperson of the Committee on Education. Please, Sen. Sen. Karaba, approach the Chair.

Madam Temporary Speaker, I have three statements to request, but since they are directed to different Committees I will ask them one by one. CONSTRUCTION OF BADASA DAM IN MARSABIT COUNTY Pursuant to the Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the construction of Badasa Dam in Marsabit County. In the Statement, the Chairperson should state:- (1) Whether the Government is aware that the project has stalled. (2) The circumstances that led to the stalling of the construction works. (3) The status of the construction in terms of the progress of the dam to date. The electronic version of the Senate Hansard Report is for information purposes

Is the Chairperson or any Member of that Committee here in the House?

Madam Temporary Speaker, on behalf of the Chairperson of the Committee on Land and Natural Resources, I would like to state that we will bring an answer to the House in two weeks’ time.

Let us confine the response to one week so that we have the response before we proceed on recess.

I am obliged, Madam Temporary Speaker. ALLOCATION OF CDF TO MARSABIT COUNTY

Madam Temporary Speaker, pursuant to the Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget regarding the allocation of Constituency Development Fund (CDF) to Marsabit County. In the Statement, the Chairperson should state who the CDF Committee members for each constituency are and how much CDF funds were allocated to Marsabit County from the Financial Year 2013/2014 to date, the approved work plan for the CDF projects for the Financial Year 2013/2014 and the status of implementation of the CDF projects per constituency for the Financial Year 2013/2014 to date.

Madam Temporary Speaker, that question is very detailed. It requires more than one week to get a response.

I am in agreement that we give two weeks’ for that particular statement.

Madam Temporary Speaker, I am obliged. ALLOCATION OF UWEZO YOUTH FUND TO MARSABIT

Madam Temporary Speaker, my statement is a repeat of a question I asked during the third Session. So, I am sure this information is available. Pursuant to the Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget regarding the allocation of Uwezo Youth Fund to Marsabit County. In the Statement, the Chairperson should: (a) State the list of the Uwezo Youth Fund committee members for each constituency; (b) Allocation of Uwezo Youth Fund since Financial Year 2013/2014 to date, per constituency; (c) The uptake of the funds since Financial Year 2013/2014 to date, per constituency (d) List of the applicants for each fund since Financial Year 2013/2014 to date per constituency and the beneficiaries from the respective funds since Financial Year 2013/2014 to date per constituency. The electronic version of the Senate Hansard Report is for information purposes

Is the Chairperson or any Member of that Committee available in the House?

Madam Temporary Speaker, as my colleague has indicated, this request was sought last session, therefore, the information is readily available. I will request for a week to get the response.

The Chairperson of the Committee on Education has a Statement that was asked by Sen. (Prof.) Lonyangapuo. Can the Chairperson of the Committee on Education respond to a Statement that was asked by Sen. (Prof.) Lonyangapuo. REMITTANCE OF TEACHERS’ SACCO DEDUCTIONS BY THE TSC

Madam Temporary Speaker, the statement that was asked by Sen. (Prof.) Lonyangapuo was on the remittance of the teachers’ Sacco deductions by the Teachers Service Commission (TSC). The response from TSC is that; (1) The TSC experienced delays in remitting teachers’ salary deductions to SACCOs up to September 2015 due to the National Treasury release of insufficient funds to cover the full payroll. (2) This is to confirm that the situation was remedied through timely exchequer releases with effect from October 2015. We further confirm that all teachers’ SACCO deductions have since been remitted in full and within statutory deadlines.

Madam Temporary Speaker, I thank my colleague for the answers although they are very brief. He has confessed that the deductions were not remitted. The National Treasury releases full amount of money to TSC in terms of salaries for them to pay and do deductions. How do they then claim deductions were not done by the employer? That situation brought a lot of suffering to teachers because some of them sold their properties. What mechanisms are there in place to compensate teachers who suffered in the process? I hope such an incident will not be repeated.

I agree with Sen. (Prof.) Lonyangapuo. Could you elaborate and tell us where these deductions are? It looks like they did not reach the intended recipients. Where are these monies being withheld?

Madam Temporary Speaker, the problem is not the Teachers Service Commission (TSC). It is where the money comes from; the National Treasury. If the National Treasury is short of funds which are normally obtained from the national revenue, then it would be difficult for the TSC to get its remittance from the Treasury. That is what this Statement is all about. Since the time in question was affected by the TSC not receiving adequate remittances, therefore, it was not possible for the TSC to release the same to the Savings and Credit Cooperative Organizations (SACCOs). That is the logic behind the Statement. Once the National Treasury collects all the money - it is not possible for it to collect all the monies - even in budgets, the budgetary allocation will not be met at once, it comes in The electronic version of the Senate Hansard Report is for information purposes

Do not speak for him. Professor, have you understood? Are you convinced that the response is appropriate?

Madam Temporary Speaker, I am not convinced. If, for example, as a Senator, I get my salary and it comes from Treasury as a whole, then I take a loan from a bank and suddenly my employer, the Parliamentary Service Commission (PSC) refuses to remit the deductions that are supposed to go directly to the cooperative or the bank - the Chairman is not telling us the truth. He needs to inform us properly. It has nothing to do with the National Treasury any more. If it had anything to do with the National Treasury, it would not even give salary, it would have just remained at the National Treasury till they get the money then they give you. In this scenario, there are deductions which are done and retained at the TSC. So, the National Treasury should not come in here.

Chairman, Committee on Education, quite apparently the Senator is not convinced with your answer. I will take one intervention before I give a ruling on that. Proceed, Senate Deputy Minority Leader.

Madam Temporary Speaker, it is not only Sen. (Prof.) Lonyangapuo who is not convinced, we are equally not convinced. I say so because the National Treasury normally gives lump sum payment. If the TSC had prioritized payment of teachers’ salaries inclusive of deductions for SACCOs, then the problem we experienced would not have occurred. The TSC was a very good employer, but it now seems to be adopting what the county councils or the City Council of Nairobi used to do; sitting on statutory deductions which we saw in the past. So, it is not convincing. Could the Chairperson admit that there was an anomaly at the TSC and not at the National Treasury and that this bad tendency will not be repeated in the future?

Chairman, Senators are not convinced at all with the brief answer. I give you one more week to give an elaborate, convincing and detailed answer to the Senate. Do we have an intervention from Sen. M. Kajwang?

Madam Temporary Speaker, you have given directions on a matter that I wanted to raise.

Has that not already been overtaken by events?

Yes, Madam Temporary Speaker.

Thank you very much. We have a request which has also been overtaken. Proceed, Chairman, Committee on Education.

Madam Temporary Speaker, it will be done within one week. I will seek more clarifications.

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

Definitely, no, Madam Temporary Speaker. You have already given a way forward. I have another Statement request.

Do we have your request here? Let me consult the Clerks-at-the-Table. Please give us one minute. They had not forwarded it on time but I will allow that before we close the issue on statements. Proceed, Sen. Wangari. HUMAN-WILDLIFE CONFLICT AROUND THE KIGIO WILDLIFE CONSERVANCY

Madam Temporary Speaker, 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 the rampant human-wildlife conflict around the Kigio Wildlife Conservancy in Gilgil Sub-County, Nakuru County. In the Statement, the Chairperson should state:- (a) If the Government is aware of the rampant attacks against domesticated animals by wildlife from Kigio Wildlife Conservancy in Gilgil sub-County, Nakuru County. (b) The statistics of the human lives lost or maimed due to human-wildlife conflict around the conservancy in the last two years and the action taken in each case. (c) The statistics of domestic animals killed or maimed by wild animals from Kigio Wildlife Conservancy in the last two years and the action taken in each case. (d) The human-wildlife conflict compensation claims that the Government has settled in the conservancy for the last two years. (e) The percentage of local content in the ownership of the Kigio Wildlife Conservancy given the fact that it is registered as a community conservancy.

Thank you, Senator. The Chairperson of that Committee is not in the House. Do we have any Member of the Committee? We do not seem to have the Chairperson or any Member. Sen. Sijeny, are you a Member?

Madam Temporary Speaker, I would like to add a rejoinder to that. Further to that Statement, I have more requests to the Chairperson.

Well, before I give a ruling on that, approach Sen. Wangari and consolidate that so that when it is on the Floor of the House it will be a comprehensive request. However, in view of the fact that we do not have anybody to undertake---

On a point of order, Madam Temporary Speaker.

Sen. Wangari, are you also a Member of that Committee? That puts you in an awkward situation. Do you want to undertake to give a response to your Statement? The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Madam Temporary Speaker. Since my Chairperson, the Vice Chairperson and no other Member is in, I will definitely undertake to inform the Chairperson and have the advantage of requesting for it to be issued in a week.

What is it, Sen. (Dr.) Khalwale?

On a point of order, Madam Temporary Speaker. The leadership of this House is still here. We have Sen. (Prof.) Lonyangapuo who is a Member of the Rules and Business Committee (RBC) and Sen. Abdirahman. He can undertake. She cannot possibly---

That is in order. The senior-most Member in the Senate right now is the Senate Deputy Minority Leader. Can you give an undertaking on that?

Madam Temporary Speaker, I undertake to communicate to the relevant Committee to see that this is responded to.

In a week’s time.

Madam Temporary Speaker, a week is too close.

In view of the request and that human life is involved, a week is adequate.

Most obliged, Madam.

Sen. Wangari, I think you are okay with that. At this stage, we will have to put a close to Statements and move to the next order. We will resume debate interrupted on Thursday, 10th March, 2016 on The County Statutory Instruments Bill (Senate Bill No.10 of 2015).

Sen. (Prof.) Lonyangapuo was on the Floor of the House. You have 12 minutes remaining.

Thank you, Madam Temporary Speaker. I was contributing to the County Statutory Instruments Bill, 2015, which will assist the county assemblies to follow the right procedures. Whenever they get Bills and regulations from the county executive, the Members of the County Assembly (MCAs) should have a procedure of ensuring that they do not contradict one another. The electronic version of the Senate Hansard Report is for information purposes

(Sen. Ongoro)

Madam Temporary Speaker, thank you for giving me the opportunity to contribute to this Bill. As the Vice Chairperson of the Committee on Delegated Legislation, I know we have done a tremendous job conducting our oversight role on the counties. As a Committee, we have tried and invited many of our counterparts in the counties. We have only a quarter of the committees on delegated legislation from counties left. During our first interaction, we discovered that not many of our colleagues understood, first and foremost, their mandate within the committees and statutory instruments. We also had the dilemma and, therefore, we cannot say that they are not empowered. We had to interact with our predecessors of the 10th Parliament and our colleagues from the National Assembly. Hon. Amina who served in the previous Parliament is one of the brainchildren behind the Committee on Delegated Legislation. Having interacted with our peers, we understand our mandate as the Committee on Delegated Legislation. We have given the information and empowered our colleagues at the county level. To our surprise, they have caught up very fast. We have some counties like Bungoma County which are very much ahead of others and everything is in order. They have also interacted with others within the regions and have been encouraged. They meet within the regions and compare notes. The most important thing is to ensure legislation especially statutory instruments are harmonized within the entire country. Madam Temporary Speaker, it has also necessitated the need to empower the County Executive Committee (CEC) members who deal with drafting of statutory legislations because some of them were not clear on what to do. As we all know, statutory instruments should not be done while you are hiding behind the process because you do not want to do the lengthy process of enacting a law. So, our colleagues at the counties are now alert. When a Bill comes up, they know which relevant CEC member is supposed to prepare the necessary statutory instruments and, more particularly, regulations, policies and guidelines that will help to make the mother Act operational. This was not clear before. We found that some of our colleagues were given the role of The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I rise to support the Motion that The County Statutory Instruments Bill (Senate Bill No.10 of 2015) be read a Second Time. My support - I am glad to report to this House - is partly because of my experience as a Member of the Committee. When we joined the Committee, obviously, we were the The electronic version of the Senate Hansard Report is for information purposes

Madam Temporary Speaker, I support the County Statutory Instruments Bill. I also congratulate the Committee on Delegated Legislation, chaired by Sen. Sang, the young Senator from Nandi County, for bringing this Bill to the House. He is my colleague whom I am not afraid to call “young” because I saw the sun before him. The objective of this Bill is quite straightforward. It provides a comprehensive framework for scrutiny, publication and operation of statutory instruments. You do not need to be a lawyer or an advocate of the High Court to see the sense in this particular Bill. Having come from a private sector background and being a certified project manager, it is extremely important that whenever you are undertaking any venture, be it a project or a programme, that you have a cost benefit or feasibility analysis. In my view, the County Statutory Instruments Bill is a legal equivalent of the cost benefit analysis of feasibility studies that are done by most commercial ventures before they undertake any project. It is a good thing that the statutory instrument has been well The electronic version of the Senate Hansard Report is for information purposes

There being no further requests to contribute, I call upon the Mover to reply.

Madam Temporary Speaker, may I take this opportunity to thank the Members of this House who have made valuable contributions to this Bill. As a Committee we have taken note of the number of contributions and comments made. Many suggestions have been made to improve this Bill. At the time of moving this Bill, I said that this seeks to enhance the capacity of county assemblies to carry out their responsibilities. The core mandate of every county assembly is legislation. Part of that mandate includes subsidiary legislation. These are delegated powers by the Constitution and the County Governments Act. The sole mandate of making legislation including the subsidiary ones lies with the county assemblies. That is why this Bill is very important because it ensures that the delegated responsibility by the county assembly to the county executive remains checked. Subsidiary legislation derived from the statutory instrument making authority can still find its way to the county assembly. Madam Temporary Speaker, as we speak right now, county assemblies have had challenges in terms of procedure and their capacity to handle subsidiary legislation. This Bill provides an elaborate procedure and framework for the county assemblies to ensure that they are able to take charge of their responsibility of legislation. The electronic version of the Senate Hansard Report is for information purposes

The request is so granted. We will defer the putting of the Question to a day when the matter will be placed on the Order Paper.

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

The Senate Majority Leader is not in the House to move the Bill. Therefore, I defer that Bill.

Sen. Wamatangi is not in the House to move the Bill. Therefore, I defer the Bill.

Sen. Wangari is not in the House to move the Bill. Therefore, I defer the Bill.

Again, the Senate Majority Leader is not in the House to move the Bill. Therefore, the Bill is deferred.

The Senate Majority Leader is not in the House to move the Bill. Therefore, I defer that Bill.

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

Hon. Senators, There being no further business as stated in the Order Paper, it is now time to adjourn the Senate. Therefore, the Senate stands adjourned until tomorrow, Wednesday, 16th March, 2016 at 2.30 p.m. The Senate rose at 6.10 p.m. The electronic version of the Senate Hansard Report is for information purposes