Hon. Senators, I wish to report to the Senate that pursuant to Standing Order Nos.40 (3) and (4), I have received the following Message from the Speaker of the National Assembly regarding the approval of the Report of the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014). I quote:- “Pursuant to the provisions of Standing Order Nos.41 (1) and 142 of the National Assembly Standing Orders, I hereby convey the Message from the National Assembly:- WHEREAS the Mining Bill (National Assembly Bill No.9 of 2014) was referred to a Mediation Committee on Wednesday, 27th October, 2015 and, WHEREAS the National Assembly by way of resolution passed on Tuesday, 15th March, 2016, approved the mediated version of the said Bill in the form developed by the Mediation Committee. NOW THEREFORE in accordance with the provisions of Standing Order No.150 (4)(b) of the National Assembly Standing Orders, Article 113 of the Constitution, I hereby convey the said decision of the National Assembly.” I thank you. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I rise to request for a statement from the Chairperson of the Standing Committee on County Public Accounts and Investments on the position of the unremitted revenue by Mara Conservancy, the collecting agent on the Mara Triangle. When the Mara Conservancy chief executive officer, Mr. Brian appeared before the Senate Committee, he confirmed to this Committee that three months’ revenue was never remitted to the County Government Revenue Account. For avoidance of doubt, revenues for the months of February, March and April, 2014 were never remitted. My questions are as follows:- (1) How much was the unremitted revenue? (2) Why were these public funds not remitted as required by the law?

Is the Chairperson of the Committee here? Yes, Sen. (Prof.) Lonyangapuo.

Mr. Speaker, Sir, I would like to request Sen. Ntutu, who is also a Member of the Committee to give us two weeks.

It is so ordered. Let us have the response in two weeks time. Let us proceed to the statements as per the Order Paper. Let us begin with the first one. EXPENDITURE OF KSHS15 BILLION SET ASIDE FOR EL NINO Is the Chairperson of the Committee on Finance, Commerce and Budget here? What about the Vice Chairperson? Do we have any Member of the Committee to respond to the statement? We will revisit the matter later. REGISTRATION OF PERSONS WITH DISABILITIES This Statement is to be responded to by the Standing Committee on Labour and Social Welfare. There is no Member from the Committee. Let us move on. STATUS OF CASH TRANSFER PROGRAMME Is the Senate Majority Leader here?

On a point of order, Mr. Speaker, Sir. On Thursday 24th March, 2016, you ordered the Senate Majority Leader to issue this Statement. It is apparent that the Senate Majority Leader has defied the Chair’s instructions, which were very clear. The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. I sought a statement on 25th March, 2016---

We are on Sen. Musila’s statement!

I stand guided, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. I am also asking for a response to some of my statements which are due but are not listed on the Order Paper.

I will not respond to Sen. Musila’s point of order now. Let us just go through the statements again. Once we get there, I hope that the political leadership will be in the House. Let us start with the Statement listed as 2(a), to be responded to by the Chairperson of the Committee on Finance, Commerce and Budget. EXPENDITURE OF KSHS15 BILLION SET ASIDE FOR EL NINO Is Sen. Billow here? Where is the Vice Chairperson or any Member of the Committee? Sen. Khaniri, what do you have to say?

Mr. Speaker, Sir, I am not a Member of the Committee; I am the one who sought the Statement. This Statement has been appearing on the Order Paper continuously for the last six weeks since we started this session. On several occasions, the Speaker has given firm instructions that the Statement should be answered the following week. I even requested that the Speaker should give some sanctions because I thought the Chairman of this particular Committee is not taking this matter seriously. Last Thursday, the Speaker ruled that the Statement must be given this Tuesday, failure to which sanctions shall be issued against the Chairperson of the Committee on Finance, Commerce and Budget. Just like Sen. Musila, I seek your guidance.

Mr. Speaker, Sir, allow me to defend my chairman. Last week while you were representing the country in the Inter-Parliamentary Union (IPU) Assembly, the Cabinet Secretary (CS) for Treasury was summoned. He came to the Standing Committee on Finance, Commerce and Budget. Kindly allow me to check so that we can present the Statement. This Statement was requested of him. It is not deliberate on the part of the committee. However, I will find out soon enough so that we can respond as a committee.

Mr. Speaker, Sir, I have a strong feeling that the chairman is not taking this matter seriously. On three occasions, he was in the House. When we got to Statement Time, he walked out. I even brought it to the attention of the then Chair, the Deputy Speaker, Sen. Kembi-Gitura. The electronic version of the Senate Hansard Report is for information purposes

What is it, Sen. Murungi?

Mr. Speaker, Sir, I plead with you not to condemn the chairman who is not in this House. Sen. Billow is one of the most active chairpersons of the committees that we have in this House. Reading from the media, I think this new responsibility he has got of forming the Pastoralists’ Party must be what has taken most of his time. It is only fair that he is given a bit of time to explain to us why he has not been available to give the statement.

Order, Sen. Kiraitu! It is also in the public domain that you also have an equally onerous responsibility. That has not prevented you from coming to the House.

Mr. Speaker, Sir, I know how difficult it is to manage those other responsibilities. That is why I am pleading for Sen. Billow to be given more time. Setting up a new party is not an easy task. This being a political House, I plead with you that he be given a little more time.

Order, Senators! Sen. Khaniri made a very clear case; that on three occasions, the chairman walked out when the matter was supposed to be appearing. These walk-outs have translated to total absence. Therefore, Sen. Murungi, the situation is definitely deteriorating. Secondly, there is already a ready answer. Therefore, if he is too busy, he could delegate to the Vice Chairperson or any other Member of the committee. Therefore, I agree with Sen. Khaniri. I give sanctions to that particular chairperson and his committee. They will not transact any business in this house until they respond to this Statement. This includes suspending any sittings of the committee. The sooner they do it the better for themselves and this House.

Sen. Kilonzo Jnr., you can do better than defending your chairperson. Assume the responsibility.

Mr. Speaker, Sir, I will collect the Statement and read it. If it is available, I can respond accordingly.

What is it, Sen. Haji?

On a point of order, Mr. Speaker, Sir. Notwithstanding the problem that we are discussing this afternoon, is Sen. Murungi in order to allege that Sen. Billow is very busy forming a new party while we know he himself has been very busy forming another party? Could he explain his absence occasionally; that he is busy with party affairs?

Order, Sen. Haji! The issue before us is not the business of Sen. Murungi. Therefore, whatever Sen. Murungi is dong, apparently has not affected his chairmanship. Even this other, I will treat it like conjecture. That matter has been disposed off. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, on Statement (c), the Senate Majority Leader was requested to step in because the chairman of the relevant standing committee had failed persistently to respond to this Statement. I do not know what we will do now that the Senate Majority Leader is also absent to deal with this Statement. There are serious concerns around the country about the administration of the cash transfer system. There are serious doubts about the manner in which the beneficiaries have been identified. There are also serious fears that even those benefiting may not be genuine and deserving beneficiaries. Therefore, we need some response to this very important question as quickly as possible.

Yes; Sen. Murungi?

Mr. Speaker, Sir, I have not requested the Floor.

I know, Sen. Murungi. On the basis of two considerations; first, apart from the Deputy Speaker, whom I have spared for other reasons, you are the senior most from the majority side. Secondly, you had already demonstrated your interest to have legal duty of care when it comes to chairpersons, by defending Sen. Billow. Therefore, you have the Floor.

Mr. Speaker, Sir, in terms of seniority, Sen. Haji is more senior given his age and vast experience.

However, because you have appointed me, I will not let you down. I undertake to look for the Senate Majority Leader and request him to make this Statement in this House within seven days.

Order, Sen. Murungi! Seven days is too long a period. I am willing to give you one more day. Therefore, let the Majority Leader or the relevant Chairperson respond to it, latest tomorrow. Failure to do so, there are sanctions. We are implementing sanctions. He should learn from the Standing Committee on Finance, Commerce and Budget.

Mr. Speaker, Sir, I have heard you. I will inform them of the seriousness and gravity of this matter. I will request them to make this Statement tomorrow in the afternoon.

Let me also refresh your memory, Sen. Murungi. Why I considered you senior most is because Sen. Haji and I came to Parliament one The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I had forgotten that bit.

Order, Members! We are not doing very well

Mr. Speaker, Sir, I sought a statement from the Chairperson of the Standing Committee on Security. It has been ready for the last ten days. I have been given the answers. It was not on the Order Paper. Kindly, allow him to respond.

Sen. Haji, Chairperson Committee on Security; are you ready with the response?

Yes, Mr. Speaker, Sir.

Proceed. HARASSMENT OF RESIDENTS OF MACHAKOS COUNTY BY POLICE OFFICERS

Mr. Speaker, Sir, on 25th February, 2016, Sen. Muthama requested for a Statement regarding the alleged harassment of residents of Machakos County by police officers. The Hon. Senator particularly sought to be informed on:- (a) Whether the Government 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 police, leading to arrest and prosecution of the residents. (b) Why the following events by residents of Machakos County were disrupted or cancelled by the police: (i) On 16th December, 2014, a caravan of residents being given civic education was violently stopped and participants arrested and arraigned in court. (ii) In mid-2014, some residents of Masinga Sub-county were stopped by police officers in conjunction with the county inspectorate while on their way to present a petition on environmental degradation caused by the uncontrolled sand harvesting activities. (iii) On 18th December, 2015, some residents of Katani and Mlolongo were violently dispersed and arrested by police officers while on their way to present a petition on the deplorable state of roads in their area. (iv) On 26th February, 2016, the business community from Machakos County led by the local officials of Kenya National Chamber of Commerce and Industry were violently dispersed by police officers while demonstrating against the illegal hiking of business levies by the County Government of Machakos. (v) On 27th January 2016, some members of the Tala Township Business Community were violently dispersed by police officers while demonstrating against illegal hiking of business levies by the county Government. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I most sincerely wish to thank the Chairman for the response. However, I am not satisfied with the answers.First of all, for the Chairperson to say that the Government is not aware that these things have been happening and police have been harassing people is not true. This is because already, there is a response confirming, in fact, that arrests have taken place. Secondly, on 16th December, the people who were arrested were arrested at the police station where they had gone to present a notification of the civic education to the police. They were not arrested on the roadside or assembling but at the police station. So, the Chairperson should try to clarify that. The Chairperson has told the House that the people of Masinga had started marching towards the Governor’s office in Machakos County to present their petition. The distance between Masinga and Machakos Town where the County Government offices are situated is close to 85 kilometres. There is no way that people could start marching towards Machakos Town, given that distance. On the third issue, if those people were arrested in Katani and Mlolongo, they were arrested in the interior and from Katani to Machakos is another distance of 45 minutes. Those people were just going to Machakos County to present a petition to the County Governor that they elected. They went there to explain their grievances and they were arrested even before they could get to Machakos. The other point is that again, ---

Conclude, Sen. Muthama.

Mr. Speaker, Sir, let me conclude. If you look at these answers here, the issue is just the distance that the people had to walk from their areas to Machakos, to present their petitions and complaints to the Governor.That is why they are being arrested. Why can they not be allowed to see the Governor that they elected? Stopping them is curtailing their democratic rights and they deserve it like any other Kenyan.

Mr. Speaker, Sir, I listened very carefully to the response that was given by my friend, brother, former and present colleague. I really sympathise with him The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, since this appears to be a trend and as Sen. Musila said, Article 37 is clear and neither is there a provision under Article 37 that requires either three days or seven days notice where a person requires to present a petition. Under what provision of law do the police qualify Article 37 in terms of seeking notice while Article 37 does not have an enabling provision, legislation or any other qualification in terms of time? Mr. Speaker, Sir, could the Chairman assist this House and Members of this House particularly who want to picket and present petitions, to clarify under what provisions of law the police in Kenya, in Masinga - and the ones in Kitui where Sen. Musila was tear-gassed – under what law have they qualified Article 37?

Thank you, Mr. Speaker, Sir. From my understanding, when I was reading this Statement, I think it was very clear that the county government’s incidents that were tabulated did happen. What the Government is denying is to say if the Government is aware that members of Machakos County are being harassed. Mr. Speaker, Sir, in view of this, there are instances where people were given license to demonstrate or to go and give the petition to the governor but when people became unruly to the extent of blocking roads, I think the police had no option but to try either through persuasion or use of other means to unblock the road. I think that is my understanding of the statement here. Thank you.

Mr. Speaker, Sir, you can see even from the Chairman himself that he is not persuaded from the answers he is giving. Can the Chair go back and bring a substantive report based on the issues which were raised in this statement? This is because we are not convinced. Secondly, can he also tell the House when he is bringing the report if not now, in the next response that he is bringing when these motorcycles are going to be released to the owners? This is because they had taken them to the police station and they are not being charged and the police are just asking for money. They tell them to bring money so that they can get their motorbikes. Can the Chair clarify when the motorcycles will be released to the owners? The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, in the Statement that I have given, it is questionable for my brother to accept it the way it is. As for the two motorbikes which are being held, I think the owners have the right to go and claim them from the police station. If they have not committed any offense, I believe they will be released. If they have not committed any offense, I am sure the law will take its course. Mr. Speaker, Sir, if it is the question of bribe, I think they should go to the Criminal Investigation Department (CID), treat that money and go and give to the police so that they can be arrested.

What is it Sen. Mutula Kilonzo Jnr.?

Mr. Speaker, Sir, I am not certain whether the Chairman heard my question correctly. The regulations or whatever memorandum that qualifies Article 37 needs to be made public. Article 37 does not say that you require time to picket or present a petition. It does not require notice or notification. Under what basis did the police demand for those things? They need to be made public. That is what I requested. Thank you.

Thank you Mr. Speaker, Sir. I think the Constitution is very clear on this issue. If anybody feels that the police are doing anything against the Constitution or the law, they should take them to court. That is the best solution to do. Washtaki waokortini!

Order Members! What is it Sen. Muthama?

Mr. Speaker, Sir, the motorcycles which are kept at the police station are not two; they are nine. From 27th February, 2016, the motorcycles are lying at the police station. The police have never charged anyone. What other clear evidence does the Chair need to be given to demonstrate that the police are asking for bribes? Why have they not taken the owners of the motorcycles to court?

Mr. Speaker, Sir, the Statement which I read here says that these people have not appeared anywhere. So, if their motorcycles are being held at the police station, they should go and claim. If the police will ask for bribe, as I said, they should go with treated money, give it to them so that they can be arrested.

Sen. Hargura!

Thank you Mr. Speaker, Sir. I had asked for two statements from the Chairman of the Finance, Budget and Commerce Committee. One was due last week and was on the Order Paper but it was withdrawn and I have not gotten a reply. So, I am enquiring about the position of my statements.

Both of them are to the Finance, Budget and Commerce Committee?

Yes, Mr. Speaker, Sir.

Sen. (Prof) Lonyangapuo. The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Speaker, Sir. We will request the Senator to allow us up to tomorrow so that we can check its status, and if it is ready, we can respond tomorrow in the afternoon or the day after.

Mr. Speaker, Sir, up to tomorrow is okay.

It is so ordered. Sen. Musila! STATUS OF CASH TRANSFER PROGRAMME

On a point of order, Mr. Speaker, Sir. I know that you had passed Statement (c), but the Senate Majority Leader is here and you had sent Sen. Murungi to him. Would you be kind enough to give him the message directly because he is here?

Sen. (Prof.) Kindiki.

(Sen. (Prof) Kindiki): Mr. Speaker, Sir, thank you for giving me this chance. I seek your guidance and further direction regarding a matter that you have just dispensed, which is Statement 2 (c). I can see Sen. Musila nodding. The matter of the Statement regarding the Government cash transfers to the elderly has been before the Committee on Labour and Social Welfare for some time. I was informed late last week that the Chair directed that the Senate Majority Leader should deal with that Statement. First, I want to seek the indulgence of the Chair because I am not ready with this Statement, although I am seized of the matter. Secondly, I want to give an apology to the Chair and the House because when the issue was raised, I was not present in the Chamber. Therefore, my prayer is to humbly request you and Sen. Musila to give me a few more days to work on an answer to this Statement. Since we will be going on recess after tomorrow, I kindly request that I issue this Statement on the first day after the short recess.

Mr. Speaker, Sir, I have tremendous respect for the Senate Majority Leader. He has pleaded his case and I agree that we give him the time that he has requested. Let him know that this matter has taken over a year. Members of this House are hopeful that this time round, they will get a satisfactory answer. Thank you, Mr. Speaker, Sir.

It is so directed.

On a point of order, Mr. Speaker, Sir. I am not satisfied with the answers that were brought by the Chair. I request the Speaker to order the Chair to bring a satisfactory Statement. He never responded to any of the points that were raised. He says in his Statement that notification had been issued to the police, but still the citizens of Machakos County were arrested. I also raised the issue of the motorbikes that are still lying at the police station and nobody has been charged. This issue cannot be left hanging; we have to get the right answers. The electronic version of the Senate Hansard Report is for information purposes

Chairperson, I think there is a genuine concern from Members, especially when it comes to police actions as state agents. I direct that you interrogate this matter further and come back to the House in two weeks time.

On 1st March 2016, I sought a Statement from the Chairperson of the Committee on Land and Natural Resources and he undertook to deliver it in two weeks time. After three weeks, I raised the issue again and a promise was given that it would be responded to in a week’s time. This is the fourth week and I do not have a written response or answer from the Chairperson of the Committee. I wish to know the status of that Statement.

Sen. Kivuti.

Mr. Speaker, Sir, I stand to move the Report of the Mining Bill Mediation Committee.

Is that where we are?

We are on Statements.

Mr. Speaker, Sir, I have Sen. Muthama’s Statement. I am aware that Sen. Muthama had requested for a Statement and I had a discussion with him last week on Thursday. We wrote to the Cabinet Secretary regarding this matter which requires an in-depth research from the National Land Commission (NLC). The Cabinet Secretary has written back requesting that they be given two weeks so that the in-depth information, which needs to be looked for by the NLC is made available. I have communicated this to the Senator.

Mr. Speaker, Sir, the communication came much later after the Chair had given a ruling that the Statement should be delivered. The consultation was on why the Statement has delayed. This is a serious issue because the Chairman of the NLC has advertised to give free land which belongs to Machakos people, to whoever wants it. This was advertised in the newspapers and it is in the public domain. This matter is urgent and if it is not dealt with, at the end of the day, we could be chasing the wind. Any delay in dealing with this matter will harm the people of Machakos County.

Mr. Speaker, Sir, in light of what the Senator has brought up now, my Committee will also summon the Chairman of NLC. If, indeed, he has advertised to give away that land, free of charge to anybody, we will summon him so that we can forestall that kind of action.

Mr. Speaker, Sir, I want to inform the Chairman that the advert was done on 16th December, 2015. It is now four months down the line and we need quick action. The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Muthama. I thought that the Chairman of the Committee has already promised quick action.

Hon. Senators, before we proceed to the next Order, I have a Communication to make on the Special Sitting of Parliament and State of the Nation Address by His Excellency the President of the Republic of Kenya. Hon. Senators, as you may be aware Article 132 (1) (b) of the Constitution and Standing Order No. 22 (1) of the Senate Standing Orders require the President to address a Special Sitting of Parliament once every year and at any other time. By letter referenced OP/CAB.1/40 of 7th March, 2016, addressed to the Clerks of Parliament, the Office of the President requested Parliament to set a date for the Presidential Address to Parliament. Upon receiving the Communication, it was resolved that His Excellency the President addresses Parliament on Thursday, 31st March, 2016. I subsequently issued a Gazette Notice No.2039 of 21st March 2016 convening the Special Sitting. Hon. Senators, this is, therefore, to inform you that the Special Sitting of Parliament will be held on Thursday, 31st March, 2016 at 2.30 p.m. in the National Assembly Chamber. His Excellency the President will also use the occasion, pursuant to Article 132(1)(c)(i) of the Constitution to report on all the measures taken and the progress achieved in the realization of the national values set out in Article 10 of the Constitution. Further, pursuant to Article 240(7) of the Constitution, His Excellency the President will also report on the state of security in the country. Hon. Senators, this is an important occasion in the calendar of Parliament that provides the opportunity for His Excellency the President to deliver the State of the Nation Address and to address the Legislature and the people of Kenya on critical matters concerning the country. I, therefore, urge all of you to attend the Special Sitting. Hon. Senators, due to limited sitting space, Senators and Members of the National Assembly will be at liberty to invite one guest each to the occasion. In this regard, you are hereby requested to provide the names of such guests at the Senate reception to facilitate the preparation of formal invitation cards. The names should be submitted by midday tomorrow, Wednesday, 30th March 2016. The Special Sitting has also necessitated the rearrangement of parking. Consequently, the current Senator’s parking area at the Main Parliament Building will not be available for parking by Senators on Thursday, 31st March 2016. Alternative arrangements have been made for parking at the COMESA Grounds at the Kenyatta International Convention Centre (KICC). Please do also note that access to Parliament through the parking area formally known as the Minister’s gate, will remain restricted from tomorrow, 30th March, 2016 to facilitate the pitching of tents for refreshments for that particular date. Thank you. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I stand to move the report of the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014).

Order Senator! You are doing a very important job, therefore, please, do it from the Dispatch Box. Before you do so, let the Clerk-at-the- Table read the Order.

Mr. Speaker, Sir, I stand to lay on the Table the report of the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014).

Order, Senator! The report was laid on the Table of the House on Tuesday, 15th March. Please, move the Motion.

Mr. Speaker, Sir, I am moving the report of the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014). The Mediation Committee was constituted by this House---

Order, Senator! You have not moved the Motion. Just read it as it is on the Order Paper.

Mr. Speaker, Sir, I beg to move:- 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 House on Tuesday, 15th March, 2016. Mr. Speaker, Sir, the Mediation Committee on the Mining Bill (National Assembly Bill No.9 of 2014) was constituted by the two Houses of Parliament on 28th October, 2015 and 4th November, 2015, respectively. The following Members were appointed to the Committee:- 1. Sen. Lenny Kivuti, Chairperson; The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I am glad to second this very important Motion on the Mediation Committee Report. This Bill is long overdue. It is important in dealing with matters of minerals and mining. Under the new Constitution, we are in a new regime. Mr. Speaker, Sir, finally, when we pass this Bill, the communities residing around mining areas will have a legal framework under which their rights will be protected. They will participate in so far as the matters of minerals are concerned. One of the most ingenious contributions of this Bill is the provision related to the community. I represent a county where there is fluorspar mining and that was one of the reasons I fully supported and worked in a committee that was working on the Benefit Agreement Bill that was sponsored here and moved by Sen. (Dr.) Zani. Therefore, I understand the problems that our people go through. In counties like Turkana, Baringo, Elgeyo-Marakwet and West Pokot, mineral prospecting, mining and extraction of oil is going on in the absence of a proper legal framework for the protection of the legal community. I am happy because the agreed version of the Bill captures the concerns of the Senate and those of the National Assembly. This is the only way we can protect the communities around the mining areas. As I speak, fluorspar mining has been stopped. The reason it was stopped is because there is no legal framework for holding the company to account for every licence they have. They just operate as they wish. The uniqueness of the Bill before us is the fact that it recognises the uniqueness of minerals in so far as they are God-given resources and that whoever is licensed to prospect, should not operate in a manner that holds others to ransom. Such a company cannot blackmail the community. Mr. Speaker, Sir, as I speak, fluorspar mining is closed. The local community that was benefiting from it in terms of job opportunities and business around Kimalel area is now suffering. The owner of the firm closes or opens as he wishes. Under this law, that will no longer happen. They must answer to the institutions established and, in particular, the Mining Corporation. This is the institution that will uphold the rights of the people of Kenya in any mining areas. They can withdraw a licence from a company that is pretending to be mining, but carrying out mining for the sake of it. Holding licences for hoarding and prospecting without use for the benefit of Kenya will no longer be allowed. Therefore, they will be held liable and possibly their licences cancelled. This is the kind of Bill that we need if we have to progress in the next two ways. It will help us raise revenue for use in running the country’s affairs. Secondly, the locals will benefit and there will be transparency in the manner in which mining will be carried out. Licences will no longer be a preserve of a Cabinet Secretary where he can wake up one morning and grant or withdraw them. It cannot be a basis of corruption that has been there but, instead, transparency will be achieved. Mr. Speaker, Sir, I congratulate the Chair and the Mediation Committee that passed this important mediated version of the Bill. I also congratulate you, you the Speaker and the National Assembly Speaker for giving us a working parliamentary system as anticipated in Article 110 of the Constitution. We had a lot of challenges in the beginning. Like any new institution, there were many people who did not recognise the importance of this House. However, it is through these kind of Bills that give us the joy The electronic version of the Senate Hansard Report is for information purposes

Sen. Murkomen, while appreciating your gratitude, may I remind you that the Chair remains impartial irrespective of where he comes from. To me, the important consideration was that this matter has been pending. Secondly, there is concurrence through a mediated process; therefore, we should not squander any moment. This is because if it is a matter of debating, it had already been debated. If it is a matter of the House resolving, it had been resolved. Therefore, it is a matter of expediting the process so that it can be forwarded for assent as soon as possible. I hope the Members who will contribute, will bear that in mind.

Thank you, Mr. Speaker, Sir. I also support the Motion. If the Chair recalls, it is this Bill that opened the Pandora’s Box after we raised hue and cry about its passing in the National Assembly without referring it to this House. The National Assembly reluctantly sent it to us. Through the Chair’s efforts, we now have the mediated version of the Bill. I read a report suggesting that the Senate was delaying the Bill. I am happy that the Rules and Business Committee (RBC) has found it fit to have it expedited. I wish we could vote before we break for recess. However, we leave all that to the Chair. I also thank the Committee chaired by Sen. Kivuti for expediting the process and the approvals on the Bill. The importance of this Bill does not need to be reemphasized. The fact of the matter is that under Article 60 through to Article 62, the Constitution has recognised the resources that are available in the counties. It is the wealth that Kenyans have been looking for. Therefore, the role we, as Senators, play other than protecting the counties is to create wealth as a result of the Mining Bill. Mr. Speaker, Sir, the initial draft had omitted the role of the Cabinet Secretary. However, in this Bill, we find that it is not too heavy to the national Government. The county governments will have a chance to participate in ensuring that resources like coal in Kitui County are mined. Kitui, which has been considered a hardship zone and a place that is recognised under Article 204 as marginalised, can be proud that they have coal that can be mined. This will give the people of Kitui County a sense of belonging. Mechanisms have also been proposed in this Bill of ensuring that in the exploits of the minerals that are in this Republic, county governments and the national Government will work in tandem to ensure that these resources are not exploited to the The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Motion. I join my colleagues in congratulating Sen. Kivuti and the Co- Chairperson, Hon. Amina Abdalla for doing an excellent job in coming up with an agreed document through mediation. Mr. Speaker, Sir, we thank you for the efforts you have done in ensuring that we finally get this Bill mediated and our suggestions, as Senators, have actually been taken into account. I am glad to note that in this report, the communities where the exploration of minerals will be done will be beneficiaries. There is no point in communities having a lot of minerals and yet, they are not beneficiaries to it. We do not want unscrupulous foreign mining companies to take all our minerals and assets. What happened in Sierra Leone, which has diamonds, is really a disgrace. Likewise, what happened in the Democratic Republic of Congo should never happen to an African country. The communities in these two countries have been reduced to beggars, yet they have the largest wealth of minerals in Africa. I am happy to note that in this Bill our local communities, who are the custodians of these minerals, will also benefit from what will be explored. Mr. Speaker, Sir, we need to vote in this Bill so that we can finish this issue and do away with it before we go on recess. I beg to support.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to speak on this very important Motion. When the history of this Parliament – National Assembly and Senate – is written, many people will come to appreciate that this Bill could, probably, be one of the most important Bills passed by Parliament. At one stage, most of us were very much concerned when the National Assembly and the Senate appeared to be going in different directions. We thought at that time that maybe we could not reach an agreement on this very important piece of legislation. The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I join my colleagues to congratulate the Mediation Committee for having resolved the outstanding issues. Kenyans will have something to smile about, especially if this Bill becomes operational. For us in northern Kenya, over the years, we have had a lot of challenges, especially in terms of how licences for mineral explorations were issued. This is because over the years, licences are issued in Nairobi without the consent of the communities on the ground. In the process of mining, owners of mines who are given licences do not respect communities on the ground. We have had several fights on the ground over these issues, but our cries have fallen on deaf ears. We thank this country for giving us the new Constitution which gave us the right to resources within our counties. Mr. Deputy Speaker, Sir, secondly, previously before the promulgation of the new Constitution, land in those areas used to be allocated where the minerals are without even consulting the local communities on the ground. This has actually come to an end. We are having fewer fights between the counties because of resources. I remember when we went to Kapedo, one of the allegations by the communities was that the conflict was because of the mineral resource available in Kapedo. That is why the two counties were fighting. Once this Bill is enacted, all these issues will be resolved. Kenyans will get their rightful share of the resources within the county and also generate revenue. Mr. Deputy Speaker, Sir, having perused the Bill, I have seen there is also right to graze livestock and cultivate land within those areas which is something that is really The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I also rise to congratulate the Mediation Committee and the report given by our colleague, Sen. Kivuti. I would like to make my contribution very much in the line with what my sister, Sen. Adan, has spoken; that is, minerals and community land rights. According to our Constitution, The County Governments Act, the Intergovernmental Relations Act and so on, there are bodies presumed to be in existence. These are the county land management boards. I would say that almost across the nation, the county governments have been extremely slow in establishing the county land management boards. Mr. Deputy Speaker, Sir, if you look at Clause 38 of the Bill that Sen. Adan has referred to about mineral rights and community land, the law as provided is very good. However, the law as it will be implemented is doubtful because first, the law says very clearly that a prospecting and mining right shall not be granted under this Act or any other written law over community land without the consent of the following---. Part of the following, are the authorities which have obligation to look at the land, the National Land Commission (NLC) and so on. My experience with the NLC as it exists today – I hope it will be better in future – is that when it comes to community land, it is extremely negligence. When it comes to proper establishment of the county land management boards, it is extremely compromised by governors because the law says that they should have a process of interviewing these people and appointing them. I have a case in Kisumu County where after the NLC had done its job, the appointment of those people was interfered with by the governor. The NLC had no courage, whatsoever, to stand by the law. I want to report here that fears of Sen. Adan must be taken into account. I went to the Chairman of the NLC and he told me that he will do the right thing, but he did not. Up to now, he has not done it. The law is as good as it is implemented. If a law is not implemented, it remains a chimera that the people cannot relate with. Secondly, Mr. Deputy Speaker, Sir, we passed Sen. (Dr.) Zani’s Bill on mineral rights to the National Assembly. It was a Bill that was meant to make sure that there is equitable share of royalties for minerals up to the community and the villages. I have not heard any report that the National Assembly ever passed or approved that Bill that was sent there long time ago. Indeed, if we can establish a mediation committee to pass this very important Bill that relates to a previous Bill that we passed in this House, there is a disjuncture somewhere. Therefore, I would like to be informed by the Clerk’s Office what happens to the very important Bills that we sent to the National Assembly. Another Bill that we piloted here and passed was the Public Collections Bill, which relates to Harambees. It went to the National Assembly over a year ago and we have not heard about it. Let us be serious because the dispensation of devolution will only work if laws are properly passed by Parliament and implemented. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Senator. Sen. (Prof.) Lonyangapuo.

Mr. Deputy Speaker, Sir, I join my colleagues in expressing gratitude to the Mediation Committee that was co-chaired by Sen. Kivuti and Hon. Amina Abdallah of the National Assembly. This is a key Bill in Kenya today because it focuses itself on prudent management of our natural wealth found within our counties. Article 96(1) of the Constitution of Kenya stipulates the role of the Senate. It says:- “The Senate represents the counties, and serves to protect the interests of the counties and their governments.” One such key interest that we must protect diligently, whole heartedly, is the availability of God-given resources in our counties. Those resources are the minerals which have never been exploited before. To this extent, it was essential that the two Houses agree on this Bill so that Senate can play its critical role in protecting the interests of those counties. This way, we can eliminate people that have been doing a lot of business in the area of mining. Clause 10 of the Bill is on the General Principles, it says:- “A person shall not search, prospect or mine any mineral deposits or tailings in Kenya unless the person has been granted permission.” Clause 11(d) says:- The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, thank you for giving me the Floor. Indeed, I join my colleagues in congratulating the Mediation Committee for coming up with the proposals that are acceptable to both Houses. These proposals will help us make progress in enacting this piece of legislation which has been in the making for a very long time. As you are aware, we have been operating under a law that is colonial in nature and was not done by us after Independence.Therefore, dynamics have changed and hence, the importance of having this legislation which will be in accordance with our new Constitution. I represent Kitui County which has huge deposits of coal. I am happy to see that in the First Schedule of this Bill under the fuel mineral group, non-nuclear coal is listed there. The only issue that I have is that as we speak, coal comes under the Ministry of Energy instead of the Ministry of Mining. In my view, this has made it impossible for us to make progress in exploiting the coal that is so much in abundance in Kitui County in the Mui Basin. From the outset, I appeal to the Executive to see how it can be done to move coal from where it is at the moment in the Ministry of Energy to the Ministry of Mining. That way, it will, indeed, be classified in the First Schedule and then we can make progress in exploiting this mineral. Mr. Deputy Speaker, Sir, I say “progress” because on the 23rd December, 2013, the Government gave a concession to a Chinese company to mine coal from the Mui Basin. The licence was eventually issued many years ago, but to date, nothing has been done in Mui Basin in as far as coal mining is concerned. People have been left wondering. They were warned that they would be asked to leave their land so that mining could take place. They do not cultivate because they expect to be moved any time. Therefore, we have a situation in my county where, yes, we have abundant quantity of mineral in the form of coal, a licence was issued three years ago, but no mining is taking place. I, therefore, appeal to the Executive to see to it that my people benefit from the proceeds of this mineral, non-nuclear coal, which is in the Mui Basin. Having said that, there are certain areas of this Bill that I must applaud. In particular, Clause 89 goes to give conditions of the licensee. One of the most important things that must be done is environmental assessment. Whether you are mining oil, coal The electronic version of the Senate Hansard Report is for information purposes

Your time is up. Thank you, Sen. Musila. It appears that there is no further interest in the issue. Sen. Murkomen, are you ready to reply? The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, on behalf of the Chairman of the Committee, Sen. Kivuti, I would like to reply. I have been encouraged by the fantastic contributions of Senators and their interest. Sen. Musila has just completed by explaining to us the complex challenges that people face. When he goes back home and tells people that coal has been discovered and the Government will start mining it the following week, but it takes five years for that to happen, it dents his reputation as a politician and leader because people anticipate jobs and prosperity. The same applies to Sen. (Prof.) Lonyangapuo. For about five years, the people of West Pokot County have been waiting for a cement factory to be established there. Somebody acquired the licence, but had no interest or capacity to do the mining. One of the most embarrassing things for a political leader is launching. You hold big meetings where the Head of State comes and everyone claps and is happy. Some people even give you their Curriculum Vitaes (CVs) only for the company that was supposed to do the mining to become a sham. What happened in Kitui and West Pokot are some of the cases that we need to bring to an end by ensuring that some unscrupulous characters pretending to be persons with the capacity to mine do not hold licences. When Cabinet Secretary, Hon. Balala, cancelled some licences, a confused blogger who writes a lot of things on Facebook and Twitter and insults people left, right and centre, complained that he held a licence for a particular company. We know very well that he is a middleman or broker, who has absolutely no capacity to mine anything, except to write useless things on social media. You will meet somebody who does not have the knowledge about coal, gold or any other minerals telling you that they have a licence. Therefore, the transparency will ensure that the right people are given licences. It is important to remind Kenyans that the Act states that minerals are not owned by individuals; they are the property of the Republic of Kenya. It is emphasised by the Constitution and Clause 6 of this Bill, which states that: - “All minerals in their natural state which are under the river, lake, stream, water course, land or exclusive economic zones are the property of the Republic and vested in the national Government in trust for the people of Kenya.” People wonder why there is compulsory acquisition. If someone has his or her own plot, they can be told to vacate and be compensated. Someone else will then be licensed to mine the minerals on behalf and for the benefit of the people of Kenya. Yesterday, I saw the Permanent Secretary for the Ministry of Transport and Infrastructure talking about the desire for us to have in mind public interest. There is too much personal enrichment; people bragging of owning this or that, forgetting that natural resources such as minerals are the property of the people of Kenya. I need to remind the person who owns the licence to mine fluorspar in Kerio Valley that he cannot pretend and tell us that he has a company. He needs to be reminded that it is the property of the people of Kenya. He is holding that licence and mining in trust for the benefit of the people of Kenya. Therefore, it is important that the local community where the natural resources are being mined benefit from this activity. If it is Kerio Valley, the people around Kimwarer, Soi North and Soi South should be the first beneficiaries of that mining. If we are doing it in trust and dealing with these resources as the property of the people of Kenya, how much more must we be careful in dealing with the local community around that place? The electronic version of the Senate Hansard Report is for information purposes

So ordered. The question will be put at a later date.

Next order!

Sen. Murkomen, you had 51 minutes left.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. This is a Bill that I had moved already. I will continue with the remaining provisions. I may not utilize all the 51 minutes because I know many hon. Senators, including Senior Counsel, Sen. Wako and Sen. Mutula Kilonzo Jnr. want to make their contributions to this important Bill. Therefore, I will take half of that time or less, so that they can also have a chance to also contribute and enrich it. As I said last time while moving this Bill, it came about not just as a result of my personal observations, but I had the benefit of serving in the task force on devolved government that came up with the parent County Governments Act. From practice, there are things that we have overlooked. Some of them were straight forward. I do not think that anyone has a problem with the recognition of the office of the deputy speaker in law or recognition of the deputy governors in law. The courts pointed out during Governor Wambora’s impeachment that it needs to be made clear in the law that the removal of a deputy governor also applies the same procedure as that of a governor as well as the removal from office of the deputy speaker. They also said there is need to recognize and anchor the deputy speaker’s position in law. Mr. Deputy Speaker, Sir, what is critical in this Bill is the functioning of the office of the deputy governor. In an attempt to make a case for this office, there are many people who say that a deputy governor is just an appendix of the governor and that he or she must serve at the will and wish of the governor. In speaking from a practical application of this law in this country, the deputy governor’s position, in my opinion, is very important. It is not only important because someone has been elected, but because that person plays a critical role in ensuring that governors are elected. You will find that in most of the counties, the deputy governor comes from one political party as the governor. The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Murkomen. Actually, it is not true that most Senators will be governors. It is true that most Senators will vie for gubernatorial positions. There is a lot of difference between the two. I do not want you to drag me into the debate.

Mr. Deputy Speaker, Sir, I have faith that those who will run for the position of governor from this House will be governors because I have seen their commitment and passion. However, I do not want to drag you into that. May I remind Kenyans of a quote from the Chair that I liked; it was reported in the newspapers two days ago. The Chair said he is eligible to run for every office. However, because of his friendship and support for the incumbent President, he will not run for the presidency. I suspect you will not run for a Member of the National Assembly or a Member of County Assembly (MCA). It is only possible that you will be vying for a governor’s position.

Order, Sen. Murkomen! Kindly, stick to the debate.

Mr. Deputy Speaker, Sir, we have Members like Sen. (Dr.) Khalwale, Sen. (Prof.) Anyang’-Nyong’o and Sen. Sang who have confirmed they will run for the position of governor. Sen. Wako and Sen. Mutula Kilonzo Jnr. are “rumoured”. There are many Members who are still thinking of vying for that position. Sen. Okong’o has also been “rumoured”. However, Sen. (Prof.) Lesan has not hinted yet. The electronic version of the Senate Hansard Report is for information purposes

Sen. Murkomen, you are slowly getting out of order.

Mr. Deputy Speaker, Sir, I am coming to the point. The point is that, if we have to attract quality deputy governors - men and women who will bring value to the position of the deputy governor and who will add value to the running of the county government - we must make that office honourable. We must make the office desirable and more than a spare tyre. We must make it functional and pay for the resources that we are putting in that office so that they give back to society. The office of the deputy governor and the deputy president are similar in terms of the position but there is a difference. When running for the position of the president, the deputy president contributes to the 50 plus one threshold. Therefore, a deputy president is a sizeable political threat and any possibility to withdraw his or her support will injure the presidency. This is not the case with the deputy governors. They do not need to achieve a 50 plus one threshold. Therefore, they are not necessarily a representation of the counties, hence not a threat to the position of the governor. They do not command the respect that the governors have. In fact, few command the kind of respect the governor’s have. That is the reason why it is important to support the weak through legislation. Mr. Deputy Speaker, Sir, we are glad that the President and his deputy have behaved in a civilized manner. They have shown exemplary leadership. If there was bickering between them, it is possible that it would have made all of us wonder about the position of the deputy president. The deputy president is the principal deputy to the president and the manner in which President Uhuru Kenyatta and the Deputy President William Ruto have operated is an example of how a future president will be judged. The Members from the Coalition of Reforms and Democracy (CORD) party may not agree with it but you can tell for sure that the office of the deputy president is honoured by the Office of the President. One can see how respectful they work. This is the kind of response we expect from the governors and their deputies. Since they have not been doing so - because we protect devolution - I urge the House to support this Bill with a desire to ensure we bring honour and respect to the institution of the county government. It is a small amendment but the implication is huge. Mr. Deputy Speaker, Sir, the amendment under Clause 33 introduces what is in our Standing Orders; that when voting on matters of impeachment of governors or their deputies, the county delegation shall vote and not any other. It is not about the “majority vote” but the “county delegation shall vote”. I beg to move and request Sen. (Prof.) Lonyangapuo to second.

Mr. Deputy Speaker, Sir, I rise to second The County Governments (Amendment) Bill (Senate Bill No.1 of 2014) which proposes to give functions and powers to offices that were created by the Constitution of 2010 that seemingly are not coordinated very well in practice today. As the Mover has mentioned, we have the two offices; one of them is the office of the deputy speaker which is not clearly stipulated in law and the other one is the office of the deputy governor which is indicated and properly put down. However, in practice today, the most misunderstood position which has many issues in county governments is the office of the deputy governor. The electronic version of the Senate Hansard Report is for information purposes

Are you discussing fiction or a real situation?

Mr. Deputy Speaker, Sir, this is real and not drama. It looks like a movie.

The way you are putting it, it looks like you are dramatizing it.

It is very true. They timed when the deputy governor had taken his car to a car wash. Then, they drove another one at high speed to knock it. It was like the police were told to be on standby and they towed it away. That is exactly what they did. So, you will really be shocked about what happens. Some of them, like I heard of the case of my colleague, Sen. Kembi-Gitura, got out, locked the door and pretended to be doing repairs.

Sen. (Prof.) Lonyangapuo, you know I cannot give a point of order or join the debate from where I am sitting. Do you understand that? May I request you to give examples that will not touch on me because you are making it extremely difficult for me. If I were sitting where I normally sit, I would have risen on a point of order or a point of information as the case may be.

Mr. Deputy Speaker, Sir, I am updated very much about what is happening in some counties that I am authoritatively in a position to say “some.” Mr. Deputy Speaker, Sir, you can quote a number of them because there are very many. That really happens the moment there is a dispute. Two weeks ago when there were campaigns in Malindi, we saw in the newspapers – whether genuine or not – what happened to the Deputy Governor for Mombasa. They sent askaris to go and take her car. The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity to talk on this very important Bill. I forgot my reading glasses so, I am finding it a bit difficult to read and I am developing a headache in the process. This is a very important Bill and on the outset, I must say ---

Sen. Wako, you are a lawyer of great repute and experience and you do not need to read anything. I am sure you read before deciding to contribute. Go right ahead. The electronic version of the Senate Hansard Report is for information purposes

The truth is that I am developing a headache because of not having reading glasses. I support the provisions of the Bill in so far as it relates to the removal of a deputy governor, deputy speaker and the others. However, I strongly feel that one cannot regulate something that is a political process. No reason has been advanced. It may be true, I think it is.We hear it particularly me who sits in the sessional Committee on Devolved Government, that governors are not treating their deputies properly in the way they are supposed to be treated under the Constitution. We have heard many of those complaints. We have met many deputy governors and so on but that should not in itself be a reason to amend this. If you look at the entire history of presidents and vice presidents, the only clause that has been there under all constitutions in the world has been that vice presidents assist presidents; full-stop. The mechanics, their relationship and synergies is never legislated. In American history, the vice president has played a very big role but that has been because the president allowed it. At other times, he has played a minimal role and that is because the president does not want him to play a big role because of maybe some political differences that may have arisen, since they were elected into office. So, it is very difficult to regulate the relationship between the president and the vice president. Mr. Deputy Speaker, Sir, in our constitutional review process which led to the promulgation of the new Constitution, many other sections were amended, replaced, repealed and so on. However, the one common feature in both the old and the new is that the vice president, whose title was changed to deputy president, even though he is now elected alongside the president, his job is to assist the president. That is all. Therefore, the excellent relationship that exists between the President and the Deputy President today is because they get along very well, they know that they depend on each other and they are gentlemen. That is what we should be aiming at. Not so much to regulate but create what people will appreciate. The argument that because deputy governors have been instrumental in elections and there were some memoranda of understanding between different ethnic communities and so on, is not a new one. Even in the USA and everywhere else, the president chooses his vice president from a community which is very far from his. The vice president is always chosen because he can add value and bring votes to that ticket and ensure that the president wins. So far, the argument that has been advanced from what I have heard here is not new to warrant an amendment the way we want to amend it. Had they said that if we adopt some of the amendments – I have been coming to it – in the way that they want us to amend, then you will be creating a prime minister, and the deputy governor and the governor will become ceremonious. In my view, it also verges very close to being unconstitutional. The amendment that the governor consults the deputy governor is a very pregnant clause. “Consult the deputy governor.” If the governor wants to go to the loo, he must consult the deputy governor. If the governor wants to do anything, he must consult his deputy. What amounts to consultation? Challenges can be brought that on this decision, the deputy governor --- There can be many cases which can be brought up in a court of law by saying that on this particular issue, the deputy governor was not consulted. The electronic version of the Senate Hansard Report is for information purposes

Order Sen. Wako! What is your point of order, Sen. Murkomen?

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for Sen. Wako - I did not want to interrupt him - to say that there is no limit to the consultation when the clause says; “in performing the functions under sub-section 2 of Section 30”. There are provisions there that say there is a limit.

Sen. Murkomen, I think you are being unfair to Sen. Wako because he is contributing. You must allow him to give his understating of the proposals that are in the Bill. Continue, Sen. Wako.

Of course, we know that limit---

Order, Sen. Wako! I have dealt with that issue. So, continue with your contribution.

Mr. Deputy Speaker, Sir, those are all the functions to be performed. So, must the governor consult the deputy governor and all those functions? That is too wide and I submit. The only one that I agree on is in Clause 5 where it says:- “A deputy governor shall be the principal assistant of the governor and he shall deputize for the governor in the execution of the governor’s functions”. Mr. Deputy Speaker, Sir, I totally agree with this amendment because it is a refinement of what is already in the County Governments Act. In fact, it repeats word by word what is there under the Constitution, and I believe it is Article 147 of the Constitution which touches on the duties of the Deputy President. All those words are lifted from that section to the extent that the deputy governor is like the vice president in a county. I agree with that uplifting of that to apply to the deputy governor which will be a refinement to what is already there under the County Governments Act. Mr. Deputy Speaker, Sir, I now come to the two major ones where I have serious reservations which is Clause 5 (b). There should be an added clause which says:- “THAT the deputy governor shall coordinate the functions of the county executive committee”. Mr. Deputy Speaker, Sir, by the use of the word “coordinate”, it is under the Constitution and not a function which can just be assigned to somebody. It is a function of the entire executive committee itself under Article 183 (1) (c) of the Constitution which says:- The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I rise to support this Bill especially because of the provisions concerning the appointment of a deputy speaker at the county assembly. In the previous arrangements in the county assemblies, there has not been a deputy speaker in the House. Therefore, there is the risk of creating a vacuum in the House incase, for some reason, the Speaker vacates office or is removed. This amendment serves to fill in that gap. There should be a deputy speaker elected from the members of the county assemblies. This will form a link between the House which has elected Members and the speaker who is not an elected Member of the House. All counties in the country do not have a deputy speaker. We have seen the inherent risks of having a House without a deputy speaker in case of removal of the sitting speaker. This amendment is appropriate and I support it subject to specifying the qualifications the deputy speaker should have and, as mentioned by my colleagues, the mode of removal of the deputy speaker when necessary. Regarding the issue of the deputy governor, the mode in which the deputy governor is elected into office is perhaps the reason we have challenges with the office. We are aware of a signed agreement between the governor and his running mate, which is purely a gentleman’s agreement between the two of them. The agreement that they reach together has got far-reaching implications in terms of how they will run the office. I suggest that the agreement be signed by both parties that are running for election. The agreement between the governors and deputy governors should be the same throughout the country. The most important thing that should be included is that the signed agreement should form part of the oath and affirmation of taking office by the two parties. I also suggest that to have a long-lasting relationship between the speaker and his deputy, there should be facilitation for the office of the deputy from the start. A statement should be included in the agreement such that the facilitation happens at the beginning. There should be no change of this facilitation because this has been used to demean the office of the deputy governor. Mr. Deputy Speaker, Sir, the deputy governor should have an appropriate office space during the entire term of their office. The deputy governor’s office should be assigned the right facilities like vehicles at the assumption of office. There should be a vote head for deputy governors to run their offices. We know that most of the resources that are in the offices of the deputy governors have been interfered with. I suggest that a clause be put to facilitate this at the beginning of the term of deputy governor. The electronic version of the Senate Hansard Report is for information purposes

.: Mr. Deputy Speaker, Sir, I rise to contribute to this Bill. First, before I begin, I would like to thank Sen. Murkomen for thinking it wise to have this Bill on the Order Paper. The drafters of the Constitution made assumptions in many respects and assumed many things. That is why in Article 110(3), there is assumption that the Speakers of the two Houses would agree on the Bills. There is also an assumption that the deputy governors and the governors would not be from different coalitions and would, therefore, be able to agree. However, the case in Machakos and Kisumu counties has proved otherwise. From the complaints that we have had from at least three counties, we now know that the problem is not necessarily that the deputy governors do not have work to do. The major complaint in my humble submission is that the deputy governors are not involved in the decision making process in the County Executive Committee (CEC). I would like to reiterate what Sen. Wako has said; that in terms of Article 179(5), the Constitution is very clear that in the absence of the governor, the deputy governor takes control. If you look at Article 183 of the Constitution, the composition of the county executive committee consists of the county governor and the deputy governor. The other CEC members come in Article 183(b). In terms of the work, performance of duty and election of the governor and the deputy governors is what we call first among equals. The governor is the first among equals. The two are the same in terms of their election and work.

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Order. You and Sen. Hassan have just come and you discussed me.

Mr. Deputy Speaker, Sir, yes. We want Sen. Hassan, when he becomes the governor to understand that the person who is nominated to be a deputy governor, upon election, such a person is not an appointee of the governor but elected in equal measure like the governor. I support.

Sen. Cheruiyot, I believe you made your maiden speech.

Mr. Deputy Speaker, Sir, yes.

Now you are an ordinary Member of the House.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill. It gives me great pleasure because having come from an election recently, I have witnessed first-hand the kind of challenges the deputy governors experience. It is our principal duty as the custodians of devolution to ensure that for any emerging challenges, we come up with Bills like this. They will provide an answer to the challenges experienced daily. If for no other reason other than the fact that a deputy governor is elected alongside the governor and they earn a salary for this and considering the much they will earn in five years because this is like a marriage - that divorce is not an option - it is our duty to ensure that the county residents get value for their money. It is a sad state of affairs when you imagine that someone is paid a lot of money but only reads newspapers as has been the case. Mr. Deputy Speaker, Sir, when a Senator drafts a Bill that will add value to the work of deputy governors, it is commendable. By the time the governor and his deputy are going for election, the governor normally picks somebody who complements him in terms of their weaknesses and strengths. Many residents of a county vote a particular pair knowing very well that despite the questions of doubts that they may be having about a certain individual. They still go ahead and vote for them because they know the deputy governor is strong in a certain area. This was widely observed during the last elections. You would find people having questions about somebody’s knowledge in, for example, finance matters and issues alongside that line because that was the argument at that time. They picked a good deputy governor who was a top-notch executive. However, when you go to the counties, you will find that the same people that residents of a county voted in to assist the governor, as we are told, are just sitting in the office reading newspapers. The electronic version of the Senate Hansard Report is for information purposes

Order, Senators. Hon. Senators, it is now 6.30 p.m., time to adjourn. Therefore, the Senate stands adjourned until tomorrow, Wednesday, 30th 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