Mr. Speaker, Sir, I wish to present the Petition concerning the embezzlement of funds, financial impropriety and skewed employment in Turkana County. We, the undersigned citizens of the Republic of Kenya, duly registered voters and residents of Turkana County are concerned over the embezzlement of funds, financial impropriety and skewed employment in Turkana County, draw the attention of the Senate to the following:- (1) That, the County Government of Turkana and the County Executive Committee (CEC) have and continue to award tenders and contracts for the supply of goods and services to the county government to close relatives and proxy companies owned by themselves in violation of the Public Procurement and Disposal Act, the Public Finance Management (PFM) Act, the Public Offices Ethics and Integrity Act, the County Government Act and Article 201 of the Constitution. (2) That, the County Government of Turkana and the CEC have and continued to engage in fraudulent financial transactions contrary to the provisions of the provisions of the PFM Act and other laws. (3) That, The public funds approved by the Turkana County Assembly during the Financial Year 2013/2014 cannot be accounted for and neither have the projects for which they have earmarked been implemented. This includes the allocation of Khs220 million meant for women and youth enterprises, Kshs20 million meant for persons with disabilities and Kshs188 million meant for emergency and disaster management. (4) That, the Governor of the County Government of Turkana is overseeing the improper expenditure of public funds on non-prioritized development The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator! You are stepping out of the written script. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I am just summarizing part of the bigger script so that we capture everything. The United Nations (UN) gave us the office in Lokichogio after the United Nations/Operation Lifeline Sudan (UN/OLS) closed down. It is a nice big office. However, the county government is spending Kshs38 million and will allocate another Kshs20 million this financial year for the renovations of those office. They are doing the same renovations that were done by United Nations Development Programme (UNDP). That is another corruption scandal that we know of. We need the County Government of Turkana investigated on emergency operations. They have not yet established the fund, but they have gone ahead to spent Kshs800 million. There is a maize scandal in Turkana County where the price of maize per bag according to the county is Kshs2,800 yet the market price in Lodwar Town is Kshs1,200. The county government bought 2,000 displacement kits at cost of Kshs89 million. If you work that out, one kit of sufurias, vijikos and other things could be Kshs4,000 or Kshs5,000. Mr. Speaker, Sir, we need to investigate non-existent projects. For example, Kibish Dispensary, Nadome Road where people were massacred the other day and we witnessed Kshs30 million to Kshs50 million spent “just like that”. There are also scandals on the water provision where few boreholes have been sunk. What they did was that they put billions of shillings in drilling of boreholes yet when you count them, they are less than 100. What the county government does is sink boreholes and use money from the next financial year to equip it. Why do they start the project anyway instead of having someone to sink it and another person to equip it? They are dividing the tenders. That is why Turkana County has not succeeded in getting enough water. That is the reason Turkanas and our friends, the Pokot are all over in Uganda begging for water and pasture. It is because we cannot provide for them. The county governor has built his hotel close to the only aquifer we discovered along the Turkwel River. The hotel has a big water system. We are not getting water yet the governor has the guts to access the aquifer before the people of Turkana have accessed it. His hotel is called the Cradle Hotel. Construction of eco-lodges is not a priority in Turkana. However, Turkana County has spent Kshs300 million just to do walls before they have commenced construction. Today, Turkana County will be shown on national television as a bribery- free zone. The governor has gone ahead to talk to Nation Media Group and is already engaging with the Ethics and Anti-Corruption Commission (EACC) auditors. However, the people of Turkana cannot see the value of Kshs40 billion. They are starving because of all the scandals we see all over. I want to address myself to matters of employment. On this, I will get the support of the House because already the matter was investigated by the County Public Accounts Committee (PAC). The PAC discovered that the way they employed some people, especially the key executives, was mainly on nepotism. The officers employed in the finance department did not fit the job description. They did not have the necessary The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Conclude, Sen. Munyes. You are now being repetitive.

Mr. Speaker, Sir, I am presenting matters that are very close to your heart.

Order, Senator!

Mr. Speaker, Sir, I am repetitive to you. However, to the Members it is information they need. It is very important that we address the matter in Turkana. Nevertheless, I will end there. The petitioners pray that:- 1. The Senate urgently investigates the issues raised in this petition and comes up with appropriate recommendations to address the issues raised in it. (2) We have 50 cases that the EACC has not addressed. The petitioners request the EACC to carry out a special audit into the accounts of Turkana County Government for the period of March 2013 to date. The audit should include undertaking a lifestyle audit of officers serving in that Government. (3) The Senate should also take measures aimed at protecting devolution and tax payers’ money. They should also direct recovery of public funds of those found to have irregularly benefited from the same. There are six petitioners listed here and they have all signed. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, the petition submitted by my neighbour, Sen. Munyes, is heavily loaded. When we compare and look back to what Turkana County was, it raises a lot of queries. What does this money we keep on sending to the counties annually do? We are immediate neighbours with Turkanas. The road from Kapenguria, all the way through Marich Pass, Kainuk to Lowdar to Lokichogio to Nadapal is completely impassable. I wish one out of ten of the Kshs40 billion was used to make that road. It is no longer tarmac. It stopped being a tarmac road over 15 years ago. The vehicles that go to Lowdar are very powerful. They are four-wheel vehicles. Maybe that is where your money has gone to. Ordinary vehicles cannot use that road because it is impassable. The situation is the same in my county. Last week, I sought a statement here to know what the national and the county governments will do to remedy the people dying of hunger in West Pokot. Talking of luxurious hotels, they have built a peculiar hotel in West Pokot called the Tourists Hotel. It is about 40 kilometres away from the town. The immediate customers are baboons. Nobody can access it. There is no tourist who has visited West Pokot ever since the earth was created.

Order, Sen. (Prof.) Lonyangapuo! This is a Petition on Turkana County Government.

Mr. Speaker, Sir, I mean we should pay attention to what Sen. Munyes said because of the neighbouring problems as well. They have used over Kshs430 million yet there are no projects on the ground. It is like there is a scheme to defraud money through starting of projects that are never completed. Even projects that will be built 50 years from today have been started now. They want them to become stalled projects as long as they make a killing and disappear. Lastly, last week in a report that was brought here, the pending bills in Turkana County for services unpaid total up to a staggering Kshs2.5 billion. We do not know what is happening. I support this petition. The relevant committee should look at it meticulously. Roads projects in Trans-Nzoia County have been given up to the year 2022 for completion of work. Money has been committed to that time to some contractors that have been awarded these jobs. These things look like fairy tales. However, they are true. We must do something.

Order, Members! I cannot make a distinction between those wishing to contribute to the petition and those who have their own petitions or other issues. Therefore, I guide that, if you wish to contribute, remain under requests.

Mr. Speaker, Sir, first, I congratulate the distinguished Senator for Turkana who is the national Chairman of my party. He presented that petition very eloquently. Turkana and Mandera, apart from Nairobi, receive the highest allocation of money from this Senate. Listening to the narrative in the petition and the details eloquently given by the distinguished Senator, it is obvious that the money of the people of Turkana is being taken astray. It is simply being stolen. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order! I can confirm to you that I am a disinterested party. If I were, I would not be sitting here, but where you are sitting.

Asante sana, Bw. Spika. Waswahili husema: “Mbiu ya mgambo ikilia kuna jambo.” “Lisemwalo lipo na kama halipo laja.” Tunafaa kuzingatia kilio cha Waturkana kwa Seneti hii. Kwa miaka mingi Kaunti ya Turkana imejulikana kwa watu wengi wenye ufukara na watoto wanaotembea uchi. Mpaka sasa tunaonyeshwa kwenye runinga shule ambazo hazijajengwa vizuri; wanafunzi wanasomea chini ya miti. Hata hivyo dua lilikubali kuwaangazia watu wa Turkana. Kwanza, tulipata siasa za ugatuzi na pia mafuta yalipatikana katika kaunti hiyo. Tatu, maji mengi yalipatikana kule yanayoweza kutumika kila siku na Wakenya wote 45 milioni kwa miaka 70. Kwa hivyo, Seneti hii haitakubali uzembe, ufidhuli na uporaji wa mali ya umma kutoka kwa viongozi waliochaguliwa na watu wa Turkana kama tulivyoambiwa na Seneta wa Turkana. Mambo aliyoyasema hapa kuhusu utumizi mbaya wa pesa za umma ni ya aibu kubwa. Lakini ajabu ni kwamba mambo haya hayafanyiki katika Kaunti ya Turkana tu bali pia kule Kaunti ya Migori na kwingineko. Ripoti ya matumizi ya pesa za mwaka 2013/2014 inaonyesha kuwa Ksh21 billioni zilitumika na ofisi ya gavana kwa njia isiyofaa. Pesa kiasi cha Kshs1.2 milioni zilitumika kununua kitanda cha gavana. Barabara ya lami ilijengwa kutumia mamilioni ya pesa na ikaharibika baada ya miezi mitatu. Viongozi wote wa kaunti hiyo sasa wana nyumba kubwa na mashamba makubwa, si tu katika Mji wa Migori bali katika miji mingine nchini. Je, hizo pesa zimetoka wapi? Wengi wao walikuwa fukara na hata waliniomba gari wakati wa kutafuta kura. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, you will recall that this petition is coming shortly after the one from Vihiga County. Kenyans are saying the constitutional oversight institutions are taking too long to catch new thieves. I had the opportunity to go to Lodwar and I saw the governor’s personal residence being constructed at a cost of Ksh300 million. The governor’s office is being constructed at the cost of Kshs600 million, in a county where their primary challenge is food and water. I want to ask the people of Turkana to refuse and remove that “poster child”; that a Turkana child is the one walking hungry with a bowl or standing under a goat suckling. We even saw photographs of a child suckling a dead mother. Given the photographs from Turkana, which are duplicated elsewhere, are the African leaders ready to lead African countries and institutions? If the billions that we are wasting on devolution were available, we would not have stopped the expansion of Jomo Kenyatta International Airport (JKIA) at only Ksh56 billion. This would have completely opened up our economy in the air travel industry. We must be strong and refuse to accept phone calls from governors when they are called to account. I listened to villagers in Lodwar and they were pointing fingers at members of the County Executive Committee (CEC). Some of the people who have been employed are not qualified to serve their respective dockets. For example, somebody who once served as a prison warden is the one in charge of finance. I do not know whether you notice some of these things. I urge you not to go to Lodwar as the Speaker of the Senate.

so that you can address those things and punch some of those people in their faces, because it is not right. I am not just talking about the Governor of Turkana, but we have been shown some of the hotels that some governors have put up in Nairobi. If I meet one of them and he challenges me when we are taking a beer, I will name them, so that when he asks me about it the next day, I will tell him to leave it at that because we were drinking. This is wrong and it is not limited to Turkana County. The institution to answer and stop this is the Senate. I urge the Committee on Finance, Commerce and Budget - of which I am a Member- to work seriously, so that we unlock this corruption. Mr. Speaker, Sir, this morning we have been haggling with the problem in Narok which has existed for a long time. I know you do not know these things, but the matter is still in court. I cannot give the statement that was requested a long time ago because the matter went to the High Court and the Court of Appeal. It has fallen short of reaching the Supreme Court. They are hiding there. I support.

Order, Members! Pursuant to Standing Order No.227(1), the petition stands committed to the relevant Standing Committee. In this case, it is the Standing Committee on Finance, Commerce and Budget. Of course, in accordance with Standing Order No.227(2), you need to report to the petitioner by way of a report, addressed to the petitioner in not more than 60 days. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

Order, Sen. Njoroge! I will allow the points of order later. Let me conclude my business. VISITING DELEGATION FROM BARINGO COUNTY ASSEMBLY Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visiting Members and Staff from Baringo County Assembly Powers and Privileges Committee. The County Assembly Members and staff are here on a two-day visit at the Senate. I request each member of the delegation to stand when called out so that they may be acknowledged in the great usual Senate tradition. 1. Hon. Elijah Toroitich The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

What is it, Sen. Wetangula?

If you allow me I could have a two-some, so to speak. First, I congratulate the delegation from Baringo County for visiting the Senate. I have met many of them personally and I know them. I encourage them to learn as much as they can. Their governor was my classmate in High School. I hope he is not doing the things we hear about Turkana and other places. We encourage them to develop Baringo to a level we expect it to be. I welcome and ask them to feel comfortable in the Senate. I will soon be visiting Baringo to market my bid for the leadership of this country. I hope they will receive me well. Secondly, I will comment on the second Message, about the political Parties Amendment Bill. We have a ruling pending from the Chair following a recent communication where a Bill again originated from the National Assembly without compliance with Article 110(3) of the Constitution. We would wish this House not to acquiesce to the illegalities and unconstitutional conduct by the National Assembly. To quote a great lawyer called Pheroze Nowrojee, to mitigate an injustice is to participate in it. A Bill that has not complied with Article 110(3) is a nullity from our point of view as Senate, even before you direct that it be deemed to have been read the First Time, for the House to receive the reasoned and considered ruling that is still pending on a matter of that nature. Given the recent very eloquent presentations that Members brought to the House and to the Chair in the same regard, if we do not do this, the continuation of treating the Senate as a “by the way” or a House that is not part of the Houses of Parliament will go on. Mr. Speaker, Sir, there is no Parliament without the Senate or the National Assembly. We are like Siamese twins and that is why Article 110(3) is there. It does not matter the direction that the Bill will go, but it must start with Article 110 (3). I, therefore, urge you to recall the direction that it be read the First Time and give us the ruling that we are waiting for before we move on to that direction. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Wetangula, maybe you were not in the House when we dealt with that matter quite extensively when it came to the issue of the Physical Planning Bill where a similar situation confronted us. We gave quite a number of scenarios. The Chair was quite sympathetic to your assertions, but life must go on. I will not withdraw the directive of the First Reading. However, I am willing to revisit that particular matter in terms of its lack of concurrence to Article 110(3) and which way to go. In the meantime, I hope that will comfort you.

Mr. Speaker, Sir, I join you in welcoming the delegation from my home to the Senate. I advise them to refrain from listening from any other callings, but to enjoy the proceedings of the Senate. I wish them a great stay in Nairobi and, when they go back, to convey our greetings.

Sen. Kittony, I am not sure your advice on refraining from listening applies when the job they have come to do here is listen to Senators.

Please, proceed, Sen. Haji.

Mr. Speaker, Sir, I wish to join you, my “sister” - Sen. Kittony - and the Senate Minority Leader in welcoming the delegation from Baringo County. I wish them well in their stay in Nairobi. From what we have been reading in the newspapers, the County Government of Baringo is doing fairly well. We are told that they have set up a slaughterhouse for donkeys. My appeal to them is to make sure that their donkey meat is exported to China. It should not find its way into our local market, particularly to us the Muslims who recommend that even other animals must be slaughtered in the Islamic way. Kindly send our regards to His Excellency the Governor. We have very high respect for the people of Baringo County because they are very hardworking. They coexist very well with their neigbours even though they are occasionally harassed from time to time.

Mr. Speaker, Sir, I also wish to join you in welcoming the people from Baringo County. They are gender sensitive and that is why they have given women opportunity. They have made a good decision in choosing to come to the Senate. I am sure that they will learn from the wealth of experience from the people here at the Senate.

Mr. Speaker, Sir, as I join you in welcoming our colleagues from Baringo County and wishing them the best in their county in implementing devolution, I thank you for expeditiously moving to ensure that the oversight initiative that we have and that our managers are expeditiously trained. However, I have one concern in the note dated 29th March 2016, to all the Senators. It reads as follows:- “Please, note that persons nominated for training shall cater for their own transport and accommodation.” I do not know about other Senators, but I do not know where they are going to get resources to cater for their own transport and accommodation because our own treasuries in the Senate---

Order, Sen. (Prof.) Anyang'- Nyong'o!

Mr. Speaker, Sir, I seek your guidance. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

I thought that you were on the issue of the visiting delegation. However, you are allowed to seek guidance on that particular matter. As Members have indicated unofficially, we have agreed in this House that some issues are better served in another forum. Since we have a Kamukunji tomorrow, that could be one of the issues that we will deal with.

Mr. Speaker, Sir, I am obliged. I was not aware that there is a Kamukunji tomorrow. If that is so, I stand guided. I have an attachment to Baringo County because when I wedded, my best man was from Baringo. When I was the Minister for Medical Services, I visited Baringo several times and did something at Kabartonjo Hospital which I hope is still memorable. I look forward to visiting Baringo, not just in memory of my dear friend who was my best man, the late Mr. Elijah Arap Chesaina Bultut, but my other friends in Baringo County.

Next order!

Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate today, Wednesday, 30th March 2016:- Report of the Standing Committee on Legal Affairs and Human Rights on the County Assemblies Services Bill (Senate Bill No. 27 of 2014) REPORT ON THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO. 2) BILL (NATIONAL ASSEMBLY BILL NO.33 OF 2014) On behalf of the Committee on Legal Affairs and Human Rights, I also beg to lay the following paper on the Table of the Senate today, Wednesday, 30th March 2016:- Report of the Mediation Committee on the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.33 of 2014.) Before I lay the next Paper on the Table of the Senate from the Committee on Finance, Commerce and Budget, I beg your leave. Arising out of your sanctions yesterday, I would like you to waive the said sanctions so that I can proceed on behalf of my Committee.

On what basis?

Mr. Speaker, Sir, on the basis that, the statements you requested to be produced are now with me and I can proceed when it is the opportune time to do so.

your prayers are acceptable to me. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate today, Wednesday, 30th March 2016:- Report of the Standing the Committee on Finance, Commerce and Budget on the Second Basis for Equitable Sharing of Revenue Among County Governments.

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 Finance, Commerce and Budget on the Second Basis for Equitable Sharing of Revenue Among County Governments laid on the Table of the Senate today, Wednesday, 30th March 2016. ADOPTION OF MEDIATION COMMITTEE REPORT ON THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) BILL (NO.2) (NATIONAL ASSEMBLY BILL NO.33 OF 2014) I also beg to give Notice of the following Motion:- THAT, the Senate adopts the report of the Mediation Committee on the Statute Law (Miscellaneous Amendments) Bill (No.2) (National Assembly Bill No.33 of 2014.) laid on the Table of the Senate today, Wednesday, 30th March 2016. APPROVAL OF NOMINATION OF SENATORS TO SERVE IN VARIOUS SENATE COMMITTEES

Mr. Speaker, Sir, I rise on behalf of the Senate Majority Leader to give notice of the following Motion:- THAT, pursuant to Standing Order Nos.177(3) and 179(1), the Senate approves the following Senators nominated by the Rules and Business Committee to be members of the following committees:- i) Standing Committee on Land and Natural Resources- Sen. George Khaniri. ii) Standing Committee on Roads and Transportation- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Next order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a Statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget on the misappropriation of public funds by the National Bank of Kenya (NBK). In the Statement the Chairperson should state:- (a) Whether the Cabinet Secretary in charge of the National Treasury is aware that the NBK is in a financial crisis and has reported a loss of Kshs120 billion.

(b) If the Cabinet Secretary is aware that the said unaccounted for funds were secured by the bank’s top managers. (c) The steps, if any, taken by the National Treasury to secure public funds lost that belong to inter alia the National Social Security Fund (NSSF). Mr. Temporary Speaker, Sir, you may be aware that the NSSF has a 48 per cent stake in the NBK. Those are public funds. The National Hospital Insurance Fund (NHIF) and the Retirement Benefits Authority (RBA) and other public institutions also have a stake, not to mention that the bank is wholly Government and quas i-Government owned. (d) Actions taken to investigate and establish individuals responsible for the loss and punish those found culpable. (e) The role of the Central Bank of Kenya (CBK) as a regulator and banker of the Government through the banks inspection department to ensure that the public funds deposited in the NBK are not misused or misappropriated. (f) The role the National Treasury plays as a custodian of public funds to ensure that the funds are not misused or misappropriated. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

Sen. Muthama, you are a seasoned legislator. Standing between the Chair and a debating hon. Member is not acceptable. So, do not repeat it again.

That squeezing is not accepted either. Proceed, Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, allow me to ride on the request by the Senate Minority Leader in noting that a commission of that calibre does not occur overnight. It is not done by one individual or an institution. Obviously, there is the case of connivance, especially with the leadership of the CBK. The Statement should, include the following: Over the last three years, what kind of decisions has the leadership of the CBK been making on the NBK? I am afraid that Kenya being what it is, a few people connive just the same way they did at the National Youth Service (NYS) and Eurobond to sink billions of shillings, then they start pointing at only one individual. Until they start swearing affidavits; that is when you start even seeing names of hon. Senators coming up.

(Sen. (Dr.) Machage): Order. Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Temporary Speaker, Sir, allow me to also request for an additional statement. Under the Banking Act, the CBK has a role under Section 32 to inspect any institution if so directed by the Cabinet Secretary. Since the CBK is an advisor of the national Government where the NBK is a public institution to the extent that we hold public funds in it; I request that in the Statement, the Chairperson should inform the Senate whether the CBK at any time requested the Cabinet Secretary to cause to be inspected the books of accounts of the NBK in the last 12 months. If the inspection was done, state when it was done. If reports were produced, he should state whether the said reports pointed to the anomalies and loss of more than Kshs120 billion as stated by Sen. Wetangula.

(Sen. (Dr.) Machage): Very well. Where is the Chairperson of the Committee on Finance, Commerce and Budget?

Mr. Temporary Speaker, Sir, since the Chairperson and Vice Chairperson are not in, we take the responsibility--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

It is not Sen. (Prof.) Lonyangapuo, it is Sen. (Prof.) Anyang'- Nyong'o.

(Sen. (Dr.) Machage): Yes, Sen. (Prof.) Anyang'- Nyong'o. Can we follow procedure? I have not seen your request.

Mr. Temporary Speaker, Sir, I do not have a request. I was just responding to the fact that the Statement is required from the Chairperson of the Committee on Finance, Commerce and Budget.

(Sen. (Dr.) Machage): Are you representing the Chairperson of the Committee on Finance, Commerce and Budget?

Mr. Temporary Speaker, Sir, since my Chairperson is not here, I am trying to help. Both the Chairperson and the Vice Chairperson are not here. Since, a very lengthy statement is required; it would be good if the Chairperson were here to handle it. It is reasonable to request that the statement be issued in two weeks’ time noting that we will go on recess tomorrow.

(Sen. (Dr.) Machage): Very well. It is so ordered.

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

(Sen. (Dr.) Machage): What is it, Sen. Muthama?

Mr. Temporary Speaker, Sir, as a rider to that, we trade with banks and in his response---

(Sen. (Dr.) Machage): Order, Sen. Muthama. You cannot ride on an issue that I have already ruled on. However, I will give you an exemption for today only so that you make your point.

Mr. Temporary Speaker, Sir, when the response is being given on that Statement, the Chair should try to come out clear on what has happened with the Central Bank of Kenya. It does the inspection of all the account holders in every bank in every month. If there is an account that is overdrawn by Kshs10, the bank is demanding such an account to be regularised so that the bank does not end up with bad debts. How come it is now after several years that the issue of National Bank of Kenya is being brought up? About Kshs120 billion have been lost. Can the Chair confirm that following the statement that was issued by President Kenyatta in Israel, that Kenyan are experts of stealing?

(Sen. (Dr.) Machage): Order! I order that the last phrase or sentence be expunged. If you need to discuss the character of the Head of State, you know the procedure.

Order, I have made a ruling on that.

Mr. Temporary Speaker, Sir, we seek your direction. Does quoting what the President said amount to discussing his character? It cannot be! In fact, the President said in Israel, that the largest burden that Kenyans are carrying is corruption. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, are we in order, especially those who have worked in Government for the last 50 years - to judge each other? When we start to do so, we will discover we have many skeletons and we will open up so much. The President said the truth. We are all thieves.

(Sen. (Dr.) Machage): Order, Sen. Cheruiyot! In this House, you address the House through the Chair.

On a point of order, Mr. Temporary Speaker, Sir. I plead with the Chair that he reconsiders what he is about to rule on whether the statement by Sen. Muthama regarding what the president said in Israel should be expunged. It should stay there because there is one thing I admire about President Uhuru. I have learnt that sometimes when he speaks about corruption he means it. It is only that the people who helped him to become the President seem to have the final say. The country remembers that President Uhuru said that there is heavy corruption in the Office of the President and many thought he was joking. What we now know about the former Cabinet Secretary Waiguru, the National Assembly Leader of Majority Hon. Adan Duale and the Senate Deputy Majority Leader, Sen. Murkomen have come to pass. There are sworn affidavits in court---

(Sen. (Dr.) Machage): You do not have to over discuss that because we have heard.

Mr. Temporary Speaker, Sir, it should remain on HANSARD so that when our grandchildren come, they will know that when Sen. Elachi said that we are thieves, she meant that she is a thief with the others and not with those who are fighting corruption.

On a point of order. Mr. Temporary Speaker, Sir, may I pick up from where Sen. (Dr.) Khalwale left. The Chair heard Sen. Elachi saying that we are all thieves. That is imputing improper motive on some of us who are not thieves. She confessed that she is a thief and she knows who else is a thief. Therefore, she should not include us in a list of thieves. Is she in order to imply that we are all thieves?

(Sen. (Dr.) Machage): Sen. Elachi, is out of order. Please withdraw and apologise. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I will not withdraw.

(Sen. (Dr.) Machage): Then I will kick you out of the House.

Mr. Temporary Speaker, Sir, I am willing. We are thieves and when Sen. (Dr.) Khalwale named Sen. Murkomen and Hon. Duale as thieves, yet when it was reported that he stole sugar money, was he referred to as a thief?

(Sen. (Dr.) Machage): Order! I have given a directive. Do you comply or not?

Mr. Temporary Speaker, Sir, I withdraw knowing well that we are all thieves.

(Sen. (Dr.) Machage): Apologise.

Mr. Temporary Speaker, Sir, as I withdraw and apologise each of us must reflect as we speak. I withdraw and apologise.

(Sen. (Dr.) Machage): That is good. I have to give a ruling on the prayer of Sen. (Dr.) Khalwale.

Mr. Temporary Speaker, Sir, I would like the Chair to confirm that Sen. Elachi’s withdrawal includes what she attempted to say about me. May I challenge Sen. Elachi who is also my younger sister to substantiate that I was bribed with money for sugar.

(Sen. (Dr.) Machage): Order Sen. (Dr.) Khalwale. It is overtaken by events. You should have raised a point of order then.

Kindly have a seat. I have to rule on an issue that is important on whether I should accept press statements as relates to this House. Unfortunately, I am tied by your own rules. On matters of press reports, you should be careful to accept such kind of information unless you have a statement signed by the Head of State himself.

Mr. Temporary Speaker, Sir, on a point of order. I quoted the words of His Excellency the President of the Republic of Kenya.

(Sen. (Dr.) Machage): Yes, I heard you clearly.

Mr. Temporary Speaker, Sir, the President issued the statement in Israel and he found it was important---

(Sen. (Dr.) Machage): Order, Sen. Muthama! You quoted as presented to us by the press. I have some rules to keep in this House. Let me hear another Member because it might build your case in a better way.

Mr. Temporary Speaker, Sir, may I remind the Chair about Standing Orders. It is not about words, but the conduct. Neither the person of the President nor the Speaker’s conduct can be commented upon in the House without a substantive Motion. So, the Speaker’s is the conduct, but the President, is the personal conduct. Therefore, what the President said in Israel is not a matter of personal conduct. In any case, it will be cannibalising the Constitution if the highest legislative body in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. In proper parliamentary practice certain words should not be taken to have little meaning. There is something called hyperbole, where you make an extreme exaggeration to make a point. Then, there is something called histrionic hyperbole; when you become more extreme in making a very important point. The President in Israel was involved in what we call a histrionic hyperbole. Thank you, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Allow me to have Sen. (Prof.) Anyang’-Nyong’o’s words sink. Sen. (Prof.) Anyang’-Nyong’o, can you define the histrionics of the speech?

Mr. Temporary Speaker, Sir, one would expect a President to visit a foreign land in the interest of his country. At the very least, he would not represent his country in bad light. I think the President is so frustrated about this issue of corruption that he had to go to a foreign land to make a very important point to Kenyans, in the form of a hyperbole. He went even further to say: “Not only are all my people corrupt, but the whole Republic is corrupt.”If you watched the President speak, he was more or less, near hysterical about this point. It kind of pricked him so much that it went to the point of urging him to say it in a foreign land. I do not think we should take the President literally; he was trying to convey a message. Churchill was the best at this kind of thing; that if you want to make an important point, you do it in hyperbole. However, histrionic hyperbole is even further than that.

(Sen. (Dr.) Machage): I share your view, Professor.

Mr. Temporary Speaker, Sir, I heard the Chair say or direct that the President’s Statement must be in writing. For avoidance of doubt, Article 135 of the Constitution reads:- “A decision of the President in the performance of any function of the President under this Constitution shall be in writing and shall bear the seal and signature of the President.” A statement made in the holy land of Israel is not a decision of the President. It is a statement from the President, which he can make anywhere, and we laud him for it. He is a frustrated man. You will remember how emotional he was in the last State of the Nation Address to the House. He presented a list of people he said were corrupt. He had to go all the way to Israel – the land of Jesus – and make a statement that his country is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): I want this to come to a close because we have a lot of other things to do. Listen carefully; wisdom is sometimes rare. When we have wise people in the likes of Sen. (Prof.) Anyang’-Nyong’o trying to guide your thinking on what could have been in the President’s mind, we should take it with pride and accept it as a gift. The term “decision” has a subjective definition.

No! No!

(Sen. (Dr.) Machage): Order! Whether it was a press statement, it was his decision. The issue that Sen. (Dr.) Khalwale raised is: Do we accept the press announcement on the President’s speech in Israel as facts in this House? That is what is in my mind. Do we accept that as an authentic report to this House? Your conscience is as clear---

I also saw him make the statement. Let me pick Sen. (Prof.) Anyang’-Nyong’o’s assessment and give him the benefit of doubt; histrionic hyperbole. I will close this discussion now. What is it, Sen. Muthama?

On a point of order, Mr. Temporary Speaker, Sir. I do not want to challenge the ruling of the Chair, but the President’s statements are taken seriously by Kenyans. I want to give an illustration. Not long ago when the President of the Republic of Kenya issued a statement authorizing payment of Kshs1.4 billion to Anglo Leasing without a written notice, that money was paid. Therefore, when we quote the President’s statements, we are quoting the authority. Words that come from the President cannot be taken lightly. For the President to find it fit to go to Israel and say that Kenyans are thieves, it may mean that he had no courage to say it in Kenya.

On a point of order, Mr. Temporary Speaker, Sir. I just wanted to add that a decision made by the President exercising his powers under the Constitution---

Sen. Muthama, I was listening when you were talking. You should now listen to “Siaya.” The President, when truly exercising his powers under the Constitution or any law cannot be a subjective matter. This is because the powers of the President and the authority of the President are not things to be imagined; they are defined. That is why somebody can go to court and say that the President exceeded his powers, whether or not, it is written. I am worried by your statement that a decision is something that is subjective. That would mean that it will be impossible to question anything that the President does. If you go to court now you will find that the powers of the President are being questioned The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well; you have clearly put it. What is it, Sen. Njoroge?

On a point of order, Mr. Temporary Speaker, Sir. I am trying to imagine the timing of the President in issuing that statement while in Israel. I remember very well that it was immediately after the affidavit on Ms. Ann Waiguru was released. I think he felt frustrated in the fight against corruption when that affidavit mentioning Ms. Ann Waiguru was released. He, therefore, made that very strong statement while in Israel. Nothing else had happened to warrant the statement at that particular time. I, therefore, concur with what Sen. Muthama said; that the statement meant something. Thank you, Mr. Temporary Speaker, Sir.

On a point of order, Mr. Temporary Speaker, Sir. This is a House of record. The Senator, who has just spoken, Sen. Njoroge, is on record in this House alleging that Ms. Anne Waiguru is clean. In fact, he said that she is a whistleblower. Now that he has changed that position to saying that she is not a whistleblower but one of the perpetrators of theft, could the Chair compel him to withdraw one of the statements because they are contradictory? Is she a perpetrator of corruption or not?

(Sen. (Dr.) Machage): Order, this Chair is not privy to daily statements made by Sen. Njoroge. I cannot compel him to make any comments on whatever statements he makes on daily basis. You are out of order. If I were you, Sen. Njoroge, I would leave this matter to lie there and keep quiet. Let us move to the next statement by Sen. Wetangula. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 12TH APRIL, 2016

(Sen. Wetangula)

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

(Sen. (Dr.) Machage): What is out of order, Sen. (Dr.) Khalwale?

Mr. Temporary Speaker, Sir, I do not know whether in the meaning of Standing Order No.45(2)(c), under which the Senate Minority Leader is now proceeding, he should be allowed to read that statement. This is because this Standing Order is very clear. It only contemplates the reading of this Statement every Thursday. It does not move any further than that to provide that in the event that there is a Special Sitting of the House on the following day where the President or anybody else is addressing the House, then the statement will be brought forward.

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale. You know the Standing Orders because, I think you must have participated in the drafting of the Standing Orders of this House. However, there is Standing Order No.1 which gives me that power to rule in situations which are not provided for by the Standing Orders. Sen. Wetangula, continue.

Mr. Temporary Speaker, Sir, in fact, you do not even have to go to Standing Order No.1. Standing Order No.45(2)(c) talks of either on Thursday or the last sitting day of the week.

(Sen. (Dr.) Machage): Yes, tomorrow is not a sitting day. Today is the last sitting day.

Thank you, Mr. Temporary Speaker, Sir. Hon. Senators, allow me to thank and commend you all for the good work done so far since the commencement of the Fourth Session on 9th February, 2016 which has culminated in, among others, the passage of the following Bills:- (1) The Public Appointments (County Assemblies Approval) Bill (Senate Bill No.20 of 2014). (2) The HIV/AIDS Prevention and Control (Amendment) Bill (Senate Bill No.4 of 2015). (3) The County Industrial Development Bill (Senate Bill No.7 of 2014). (4) The Kenya National Examinations Council (Amendment) Bill (Senate Bill No.7 of 2016). (5) The Office of the County Printer Bill (Senate Bill No.42 of 2014). (6) The Office of the County Attorney Bill (Senate Bill No. 37 of 2014) and; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well.

Mr. Temporary Speaker, Sir, in democracies that have a similar model or structures of government like ours such as the United States of America (USA) which envisages the State of the Nation Address once every year, effort is made to share that State of the Nation Address way in advance with the Minority. For example, when President Obama had given his final State of the Nation Address, a Republican Governor read the Republicans response. Effort is made to share with the other side the Statement in good time so that the Opposition, out of the rhetoric, prepares a response which is issued soon after the President makes his Address. Therefore, is it possible that your Office, in practice and in tandem with this democratic practice that we are also borrowing from other countries, causes the President to issue the State of the Nation Address in advance to this Side of the House so that it acquaints itself with the facts or contents therein and give a response immediately after the President has given his State of the Nation Address?

(Sen. (Dr.) Machage): You talked about other democracies with a similar practice as ours in this country. My response will solely lie on the Constitution. If you can give me a clause or law that orders the President do likewise, I would similarly give the order. As it is, it may be a vacuum or lacuna that needs to be filled by you as a legislator. Bring an amendment using the right channels, referendum or whatever, so that the Constitution can be amended as so.

On a point of order, Mr. Temporary Speaker, Sir. Indeed, I was going to do exactly that. The reason why the drafters of this Constitution put Article 132 was so that it is not left in doubt for the President to make it an opportunity for full The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! I have very much read Article 132(c)(iii) of the Constitution. It says:- “The President shall once every year, submit a report for debate to the National Assembly on the progress made in fulfilling the intentional obligations of the Republic.” It does not say: “He shall submit to us before his Address.” If there is that clause, please, guide us because you are a lawyer ---

Mr. Temporary Speaker, Sir, I stand guided by the lacuna that you have talked about which cannot only be remedied through --- I think for now we can also rely on Article 35(a) on access to information. It says:- “Every citizen has the right of access to information held by the State.” So, because that information is an important matter of national concern that we might want to respond to, it could be a provision of the Constitution that we can rely upon. Secondly, on the issue about a referendum, our side will be a bit reluctant with the current Independent Electoral and Boundaries Commission (IEBC) in place.

(Sen. (Dr.) Machage): I really sympathise with the situation. The question is whether whatever is in the President’s mind before the speech – whether that information should be released to you. That is the question that you should ask yourself. I really sympathise. Unfortunately, that is not possible now. The lawyers in the House, could you look at this section? Let us see how we can make this practical. There is a problem. I will not give that order on the Chairperson.

On a point of order, Mr. Temporary Speaker, Sir. Looking at Article 132(c)(i) of the Constitution, the President, in his Address, must tell Kenyans the progress that has been made by his Government in several areas. As representatives of the people, we are trying to voice out through this House, the issues that probably Kenyans could be expecting the President of the Republic of Kenya to address in his Speech. One of them is the issue that was raised by Sen. (Dr.) Khalwale of our officers being in Somalia, which is a thorny issue to Kenyans. In advance, we are saying that that is what is expected. In addition to that, we also want to know what the President and his Government is doing through his Address, to recover the billions of shillings that have been lost in this country.

(Sen. (Dr.) Machage): Let the HANSARD of today’s deliberations, maybe, be a guideline to what the President may want to say.

Thank you.

(Sen. (Dr.) Machage): However, Article 132(c) says:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. In the current dispensation, the presidency is composed of the President and the Deputy President. Yesterday evening for over one hour ---

Three hours.

Very good, you watched. I did not manage but I heard ---

I heard some gentleman during news on radio.

Yes, and that was good news. Yesterday, every item that was touching on the State of the Nation was given live and in an interaction with Kenyans. As the Chair said, this report – you should have watched it yourself yesterday – will be given by the President tomorrow. It makes sense for the Opposition. Sen. (Dr.) Khalwale, I do not know when you ran to the Opposition. You are supposed to be on this side.

Which side were you?

We were here together with you.

(Sen. (Dr.) Machage): Order!

Mr. Temporary Speaker, Sir, finally, it is good for you to wait and then make mince meat of whatever you want to talk about after the Speech. Even we, are waiting, remember we were elected although we are sitting on this side of Government, we want to critic everything that is touching on the people who elected us. It does not add value to you, Sen. Muthama. Wait until tomorrow afternoon.

(Sen. (Dr.) Machage): Very well. I am aware that the Deputy President made some presentations but he did that on his own accord. He was not obligated by the Constitution to do that. Whether what he gave will be the content of the President’s Speech tomorrow is neither here nor there. He may not even know what the President will say tomorrow. Sen. Mutula Kilonzo Jnr., do you have something to say?

.: Mr. Temporary Speaker, Sir, Sen. Hassan has a point. Maybe at some point when we are looking at the Standing Orders, we ought to look at Article ---. The point in contention is actually in Article 132(1)(ii)(c) because the report is supposed to be published in the Kenya Gazette . The question that should be addressed is whether the publication comes after the Address---

(Sen. (Dr.) Machage): Correct; or before. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

.: Or it is published by the time he makes the Address. Those are the points in contention but there is a point in what Sen. Hassan is raising.

(Sen. (Dr.) Machage): Very well. I think I will bring the debate to a closure. MANAGEMENT OF MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Education regarding the management of Masinde Muliro University of Science and Technology. In the Statement, the Chairperson should address the following:- 1. What informed the decision of the University to employ Prof. Fredrick. A. Otieno as the Vice Chancellor, considering that he resides in South Africa. 2. Why has the student population been dropping since the appointment of the new Vice Chancellor? 3. The number and nature of court cases involving the university that are pending in court.

Mr. Temporary Speaker, Sir, I have ---

On a point of order, Mr. Temporary Speaker, Sir. Accuracy and veracity of what we say is the cardinal foundation of debate in the House, including the Statements that we make. Did I hear the distinguished Senator say that the Vice Chancellor of MMUST resides in South Africa? Far from the truth because we know ---

(Sen. (Dr.) Machage): Order, Sen. Wetangula!

The Professor was my year mate at the university and I know his home.

(Sen. (Dr.) Machage): Order, Sen. Wetangula! I will not let you ---

Mr. Temporary Speaker, Sir, this is a fraudulent request.

(Sen. (Dr.) Machage): Order! A Statement has been sought by a Member ---

She must be factual.

(Sen. (Dr.) Machage): No debate has been called for. I expect answers.

I expect the Chairperson to respond to every question and statement put forward by Sen. Elachi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. It is already a precedent in this House that a Senator attempted to interrogate the employment and management of Eldoret University. It resulted in student unrest on the ground. Through you, Mr. Temporary Speaker, Sir, could I request that Sen. Elachi withdraws her statement and consults with leaders of that region who know that, that professor was recruited competitively, stakeholders participated, I included, and that upon being recruited, he has steered the university well? In fact, Prof. Otieno was a professor of Engineering at the University of Durban and thereafter, he landed the job in Masinde Muliro University. He went and lived with his ancestral family in Musanda in Mumias West, Kakamega County. Can she declare her interest or she wants our university to be---?

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale. The only issue you may raise is for Sen. Elachi to declare her interest. Everything else you have said is out of order. Can you declare your interest on this issue, Sen. Elachi?

Mr. Temporary Speaker, Sir, I have no interest. I think my Senator has an interest because the wife works there. So, it will be fair if we table the documents in this House. I have asked for the statement so that we deal with the issue, which is also in court. It will be wrong for my Senator to tell me to declare my interest when he knows very well that I have no interest. This is a matter that is about to burn Masinde Muliro University. We need to deal with it as the Senate.

(Sen. (Dr.) Machage): Very well, I will give this ruling.

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

(Sen. (Dr.) Machage): This is an issue of intense interests to both sides of the House. Can the answer to the statement be delivered to this House in the first sitting after recess? We will interrogate it at that time. For now, it is ordered that the statement be issued on the first day of the sitting after the recess. Any other interest? Since there is none, there were Statements that were supposed to be issued. There is a list and we start with Statement (a) on the Order Paper. The Chairperson Standing Committee on Education, are you ready?

Yes, I am ready Mr. Temporary Speaker, Sir. This is a Statement which was---

(Sen. (Dr.) Machage): Order! I find it good practice to give the Statement at the Dispatch Box. It is always better that way.

Order Sen. Wetangula. I can see the Chair is pausing to get some space. Can you consult silently? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, this is a Statement which was sought pursuant to Standing Order No. 45 (2) (b) on Wednesday 17th February, 2016 by Sen. (Dr.) Zani from me as the Chairman of the Standing Committee on Education, regarding the development and review of curricular and curriculum support materials for Early Childhood, Primary and Secondary Education. Mr. Temporary Speaker, Sir, the Senator requested me to explain:- 1. The measures the Government has undertaken to bring the Early Childhood, Primary and Secondary Education Curriculum up to date with current realities. 2. State whether modes of assessment have been conducted by the Kenya Institute of Curriculum Development (KICD), and if so, what the assessment established to be in the curriculum as well as desired skills suitable to competencies, modes of testing, preferred topics, pedagogical approaches and learning experiences. 3. Explain the success indicators and challenges encountered in revamping the curriculum. 4. State the specific phases in which the new curriculum will be implemented. Mr. Temporary Speaker, Sir, I wish to respond to the issues raised as follows:- In 2015, the Ministry of Education, Science and Technology held extensive and detailed consultations with multiple stakeholders in order to develop consensus on the direction that curriculum reform in Kenya should take. The Ministry in conjunction with KICD spearheaded the process of curriculum reform informed by:- a) The need to align the education and training sector to the Constitution of Kenya 2010 and other international conventions. b) The need to make education and training relevant to Kenya Vision 2030. c) The demands of the East African protocol and other global trends in education and training. Mr. Temporary Speaker, Sir, the following progress has been made in the process:- a) A report on the status of curriculum process in the country was developed. b) A Cabinet memorandum on the curriculum reform has been prepared and submitted to Cabinet for action. c) A comprehensive policy framework on curriculum reforms has been prepared which proposes a road map to the curriculum reform including timelines and resource requirements. The implementation of a new curriculum for ECDE; Standards one, two and three is expected to commence in 2017. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well. Sen. (Dr.) Zani!

Thank you, Mr. Temporary Speaker, Sir. I want to appreciate the Chair for that comprehensive answer. We have also discussed it further within the Committee and we have gone through the report. So, I am satisfied with that response. Thank you.

On a point of order Mr. Temporary Speaker, Sir. If you heard it very well, there is an attempt to change the curriculum from the 8-4-4 system to a new one we do not know yet. It looks like Sen. (Dr.) Zani and the Chairman are now quickly coming to an agreement before we get to know what all this is about.

Mr. Temporary Speaker, as an educationist, and I am now speaking as, one; as a former principal of a university and a former headmaster of a high school - nowadays they call themselves principals. It is a pity for the Senate and the National Assembly and by extension, county assemblies who are supposed to have the privilege to discuss this issue if that is the direction we are taking. This is because the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): I am sure, professor, you must have learnt precision and summary. I imagine you wanted to know whether really it is true there was a meeting going on. Just because you have not seen it, it does not mean it is not ongoing. You want confirmation that actually the conference is ongoing. Could you confirm it is going on? The other confirmation you wanted is why you have not been privy to any information.

On a point of order, Mr. Temporary Speaker, Sir. A clear clarification needs to be done here. What Sen. (Prof.) Lonyangapuo asked is important. However, it is not what I asked for. He needs to come up with his own Statement about the change from 8-4-4 to another system. It is a discussion that started long after this statement was sought. This statement was about what counties are doing about ensuring that their curriculum reflects devolution. I have been answered the question as I asked. Secondly, the conference is taking place. To me, there was a confirmation yesterday and an invitation for the same.

(Sen. (Dr.) Machage): I would be very happy if you executed your point of order properly.

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. (Prof.) Lonyangapuo in order to distort my question and the answer by presenting his statement in a different form?

(Sen. (Dr.) Machage): He is completely out of order!

Mr. Temporary Speaker, Sir, can he be in order and seek his own statement and then comment about the feedback?

(Sen. (Dr.) Machage): What is it, Sen. (Prof.) Lonyangapuo?

Mr. Temporary Speaker, Sir, if my colleague terminated her statement at the level of early childhood and pre-primary education, I would have no problem. However, she has trespassed to go to primary and secondary education which is a national matter. Counties have no business with it.

Mr. Temporary Speaker, Sir, I am also surprised that Sen. (Prof.) Lonyangapuo is not even aware that the Deputy President was at the Kenyatta International Convention Centre (KICC) this morning to open the conference. I have the materials with me because I attended. He is misleading the whole nation that the conference did not take place. Could he rightly withdraw? That shows a lot ignorance for this House. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Let me digest that. It is not an issue to be protracted. Professor, you may not have been informed that there was such a meeting going on this morning. It is acceptable. Keep your cool and hold your horses. There is nothing wrong by not being informed. Now you are informed. Everything is okay. Let us proceed with something more useful to the House. What is it, Sen. (Prof.) Lonyangapuo?

On a point of order, Mr. Temporary Speaker, Sir. I did education. I trained as a teacher. When one trains as a teacher, they lead their learners. One shows them what is supposed to be done. When you tell me that there was a conference going on in the same building I have been sitting since morning, it is strange. They are supposed to display at the entrance, that there is a conference of a certain nature going on.

Yes, Mr. Temporary Speaker, Sir. I am a Member of the Committee. We have received a response from the National Treasury. However, the Committee has found the response inadequate in terms of the figures presented as the funds allocated to El Niño vis-à-vis the reports that are in the public domain. Secondly, the statement was forwarded by the National Treasury Principal Secretary, Dr. Kamau Thugge, attaching the response that is not on any letterhead or signed, in contravention of the Constitution. Therefore, the committee has decided to return the statement for a proper document to be done. That way, some of the issues that were supposed to be addressed can be addressed.

(Sen. (Dr.) Machage): I would have expected you to throw some light on the Speaker’s order on this issue in a previous sitting.

Mr. Temporary Speaker, Sir, I requested the Speaker before I tabled this report this afternoon to pardon the Committee. The sanction was that the Committee would not conduct any sittings before this statement or any other statement from the Committee on Finance, Commerce and Budget is produced. The statement is here. However, it would be a tragedy and a travesty for me to read such a statement to this House.

(Sen. (Dr.) Machage): Very well. I now pardon the Committee. Therefore, everything you said before my pardon is struck out of the records. Therefore, you start.

I will start again. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): This was Sen. Khaniri’s question. He is not here.

Mr. Temporary Speaker, Sir, I had communicated with him before he left. He told me that he had left the brief with Sen. (Dr.) Khalwale. I am sure he has no objection.

(Sen. (Dr.) Machage): Sen. (Dr.) Khalwale, any objection?

Mr. Temporary Speaker, Sir, we have no problem. However, let it be noted that there was a Communication from the Chair that the Standing Committee on Finance, Commerce and Budget would not be allowed to transact any other Business until---

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! Your absence from the Floor of the House should not draw us back. I have already forgiven the Committee and lifted the sanctions. You should have listened to that.

Mr. Temporary Speaker, Sir, when you did, I heard. I was citing to emphasize it. You should direct that on the first day when we come from the recess, we should hear this answer. The quality of answer that they gave us is unacceptable. They want to mislead the country that they spent only Kshs2 billion when we know that it is much in excess of that. This is another National Youth Service (NYS) scandal.

(Sen. (Dr.) Machage): Very well. It is so directed. The answer will be given on the first day after recess.

Let us move on to Statement (c). ALLOCATION OF UWEZO YOUTH FUND TO MARSABIT

Mr. Temporary Speaker, Sir, we have a response, but upon looking at it, there was a specific request made by Sen. Hargura about a list of applicants---

(Sen. (Dr.) Machage): You can save us a lot of words. Are you are not ready? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, the list of applicants is not attached to this Statement. Sen. Hargura has agreed to my request that we get it attached.

(Sen. (Dr.) Machage): The answer should be available at an appropriate time in the first week after recess.

Statement (d) is for the Committee on Land and Natural Resources. I do not see the Chairman of the Committee and the questioner. Sen. Mutula Kilonzo Jnr., do you have an answer to Statement (e)? DELAY BY THE NATIONAL TREASURY IN DISBURSEMENT OF FUNDS TO COUNTY GOVERNMENTS

Mr. Temporary Speaker, Sir, I have the response.

(Sen. (Dr.) Machage): Very well, continue. It is always healthy and good practice to use the Dispatch Box when you have a response.

Mr. Temporary Speaker, Sir, will you allow me to read it? It is about three pages.

(Sen. (Dr.) Machage): It all depends with your speed. If you are like President Kennedy, you will take a shorter time.

.: Mr. Temporary Speaker, Sir, a statement was sought by Sen. Obure on the status of disbursement to counties as at 31st of January 2016. The Statement is as follows:- (1) As you are aware, the disbursements to counties are based on the County Allocation of Revenue Act, 2015 and the County Disbursement Schedule for the Financial Year 2015/2016 approved by the Senate and gazetted by the Cabinet Secretary/The National Treasury vide gazette notice number 6053, dated 19thAugust, 2015. The total allocation as per the schedule was Kshs273,225,935,204. The actual amounts disbursed to the counties as at 31st January, 2016 amounted to Kshs117, 856,621,798, as shown in the table attached. The details of allocation per category of allocation and per county are shown in attachments A to E, which is also attached to the Statement. (2) Regarding the complaints on delays in disbursement to counties, we are aware that some counties have complained on the delays in the disbursement of the funds. In fact, this has been a subject of discussion at various meetings of the Intergovernmental Budget and Economic Council (IBEC). The National Treasury has been prioritizing disbursement to counties with least fund balances at the Central Bank of Kenya (CBK). This is supported by Article 201 (d) of the Constitution which requires that public funds are managed prudently and responsibly. Where there has been a delay, it has been The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I thank the Vice Chairman of the Committee for the statement. However, you will notice that many counties are already complaining about delays in disbursement of funds due to the counties. From the answer given and specifically the table attached to this answer, you notice that out of the amount of Kshs273 billion due to have been disbursed to the counties, only Kshs117 billion is the actual amount disbursed as at 31st January, 2016. That means that less than 50 per cent money due to counties had actually been disbursed by 31st January. Will the Chairperson agree that the low level of disbursement would affect service delivery in the counties? In fact, this low level of delivery would not permit the implementation of programmes by county governments. It will give rise to accumulation of Bills in the counties. Secondly, the disbursement of funds to the counties is based on the County Allocation of Revenue Act and the County Government Disbursement Schedule which are approved by the Senate. In both the Act and the Schedule, no conditions have been attached for the disbursement of funds to counties. The Senate has not given any conditions. Therefore, is the National Treasury justified to set up its own conditions for the disbursement of funds outside the provisions of the relevant law? Could the Chairperson explain which law gives the National Treasury authority to hold onto funds due to the counties? Could the Chairperson confirm that henceforth, the National Treasury will not hold onto funds due to counties?

(Sen. (Dr.) Machage): I allowed great latitude for the lengthy three questions. However, the practice of the House is to have one question. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I would like to seek further clarification on the reply that has been given by the Chairman. I have looked at the printout dated 29th February 2016 on status report. February is eight months after the start of the financial year. In my county and most of the counties as has been stated by Sen. Obure, the funds disbursed are 50 per cent, plus or minus one. Ideally, as passed by the Senate, as at February, 67 per cent of the funds should have been disbursed. My worry is that counties like mine and a number of others that have no capacity to collect local revenue will suffer more when they are denied their rightful share to run their processes. It is true that the debt problems could be arising from this situation. I would like to know how they will deal with this matter, especially concerning the counties that rely on the funds that come from the national Government. How will they safeguard such counties to help them meet their day today needs?

Mr. Temporary Speaker, Sir, I followed this statement with interest because in the last two months, in my county of Homa Bay, suppliers have been rioting because they have not been paid. When I tried to intervene to find out where the money that we have allocated to the county has gone, the response that I received from the county government is that there has been a delay in the disbursement of funds. I would like the Chairperson of the Committee to provide some clarity because there are three variables that he has introduced. There is a disbursement Schedule as per the County Allocation of Revenue Act. He has talked about idle bank balances as well as shortfalls in revenue performance. To the best of my knowledge, it is the Constitution and the County Allocation of Revenue Act that has been passed by this House that should be used as the basis of disbursement. Under what authority is the National Treasury bringing in another variable called ideal bank balances? From that statement, it appears that from where the National Treasury sits, as far as they are concerned, there is no problem yet on the ground, there are service providers who are going on strike because they have not been paid. Is it that someone disappears with that money once it has been received or who is fooling who? Finally---

(Sen. (Dr.) Machage): Order! I hope that you do not repeat your next question because the question that you have just raised had been asked in the exact same way by Sen. Obure. If so, I will hit you with the law of irrelevance as it is in the Standing Orders.

Mr. Temporary Speaker, Sir, I will not give you that benefit because the next point is different. The other variable that has been introduced is shortfall in revenue performance. Under what basis does the National Treasury use the shortfall in revenue performance to delay disbursement of funds to the counties?

Mr. Temporary Speaker, Sir, I would like to get clear clarification from the Chairperson. There seems to be a narrative that says it is true that there was delay of disbursement of funds and reasons have been given in the statement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I am happy to report that the Committee on Finance, Commerce and Budget does not agree with the information that has been put in this statement in terms of delay in disbursement of funds. We have been very clear to the Cabinet Secretary in charge of the National Treasury that Article 219 is very clear. It reads:- “A county’s share of revenue raised by the national government shall be transferred to the county without undue delay and without deduction, except when the transfer has been stopped under Article 225.” Although I have read this statement as it is, I would like to assure the Senators that the Committee on Finance, Commerce and Budget has made it clear to them. According to the National Treasury, when they attended a meeting called by the Committee on Finance, Commerce and Budget, they introduced criteria which affected even my own county because we had a high balance without asking the respective counties why they have a large balance. They started the practice of delay of disbursement of funds to counties and introduced discretion. Will I be in order to suggest that by the time we come back from recess, we will have another statement that clarifies the fact that the conditions set out and the discretionary principles that are set out here by the Cabinet Secretary are not in the Public Finance Management (PFM) Act, neither are they in the Constitution. They are discretionary principles which are unconstitutional to that extent.

Mr. Temporary Speaker, Sir, I wish to ride on that answer on the question to, probably, seek your advice on how you would want us to express ourselves on this matter as the Senate. We are already aware that the disbursement of these funds to the counties happens in tranches. So, if for example, we have allocated to the Kiambu County, Kshs5.4 billion, it will not be disbursed in one go as Kshs5.4 billion. It has been accepted maybe silently even by the Senate. When this money has been released in batches, it is also conditional that once this batch has gone, for the next one to go, there has to be reconciliations which have been done by the receiving county as to how that amount has been spent. Mr. Temporary Speaker, Sir, there are two sides of the coin to the same argument. As a Senate, we have also been very clear that we want our county governments to adapt efficient, professional and sound systems of administering these funds. Sometimes this question – because we may trash the criteria set by the Treasury, especially that argument The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well. I will give the Chairperson the first opportunity to answer you.

Mr. Temporary Speaker, Sir, I want Sen. Wamatangi to acquaint himself---

(Sen. (Dr.) Machage): Order, just hold on. This is for the new hon. Senator; do not learn bad practice from Sen. Murkomen. This Chair is keen to listen to answers.

Mr. Temporary Speaker, Sir, Sen. Wamatangi needs to acquaint himself with how funds are released to counties. No funds can be released to counties unless they are approved by the Controller of Budget. Therefore, there is nothing about idle funds. The money that is in the County Revenue Fund has been approved and allocated already upon approval by the Controller of Budget. So, it is possible that your county has given out a contract but the contract or certificates have not been issued but the payment is due. Therefore, the Controller of Budget has approved the amount to go to the County Revenue Fund but it cannot be paid until a certificate is issued. Therefore, we must be clear that the National Treasury does not release money into any account unless it is approved by the Controller of Budget. So, it is not true to say that you must reconcile an account. That is not idle money. It has been properly allocated and approved. Therefore, that cannot be an excuse because the National Treasury knows that if there is Kshs300 million in any county account which has been approved for disbursement by the Controller of Budget, the county government cannot appropriate that amount to another cause which is not the one that is voted for by that county. Therefore, we must be clear that the delay that the counties are talking about is where a county has requisitioned for payment either on recurrent expense for salaries or on development budget for contractors. That is the delay we are talking about. There is no reason in law, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well. The Chairperson has tried. However, I will give you two perspectives regarding your question of expressing displeasure on the way things are being handled by the National Treasury. One, we may call the Cabinet Secretary to throw light on many of the questions you may be having. Two, study the Public Finance Management (PFM) Act and make the necessary amendments. Those are my answers. However, the Chairperson has elucidated quite ably. Proceed, Sen. Obure.

Mr. Temporary Speaker, Sir, I thank you for that interpretation and guidance. I also thank the Chairperson who has clearly stated that the Committee on Finance, Commerce and Budget does not agree with the explanation given by the National Treasury. I am delighted about that because there is absolutely no basis for the National Treasury to set conditions for disbursement which are not contained in the County Allocation of Revenue Act or the Disbursement Schedule. Therefore, I am satisfied but I want the Committee to pursue this matter to ensure that no funds are delayed on account of the fact that there are balances in the counties’ accounts at the Central Bank of Kenya (CBK). As he has explained, these balances could have been allocated to people who are owed money by the county.

(Sen. (Dr.) Machage): What is it, Sen. Wamatangi?

Mr. Temporary Speaker, Sir, I appreciate your guidance on that particular issue. With your permission, I would like to seek further clarity from the Chairperson of that Committee because the question I directed for your guidance is based on my personal experience as a Member of the County Public Accounts and Investments Committee (CPAIC). In the course of dispensing business for this House, we visited Nakuru County and I was glad when Sen. (Dr.) Khalwale walked in; I thought he would stay on. We had a very big issue whereby the governor complained to us that they had had three tranches of this money come consecutively and were unable to absorb that money. So, by the time they were being told to pay this or that bill; to be able to abide with the regulations within the time available, they were unable to absorb the money. That is the question. Mr. Temporary Speaker, Sir, you may remember---

(Sen. (Dr.) Machage): Very well. I may not allow you to continue with the debate but you are trying to expand what has been dealt with and there are lots of other matters to pay attention to. I share your concern and I have given two suggestions on the way forward. I would have expected you to pray that the Chair orders the Cabinet Secretary to appear before the Committee of the Whole House to throw light on some of those things. However, since you have not done that, it stays.

Mr. Temporary Speaker, Sir, then can I take the chance to ask the Chair to do so? It is very important. I laud your thoughts and decisions. It will be important to ask the Chair of the Committee to invite the Cabinet Secretary to shed light and expound on this matter so that it is well understood and never to recur. This is because of the fact that our mandate is clear according to Article 96 on what we ought to do on funds disbursement to counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): It is so ordered.

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order No. 177 (3) and 179 (1), the Senate approves the following Senators nominated by the Rules and Business Committee to be Members of the following Committees:- (i) Standing Committee on Lands and Natural Resources: Sen. George Khaniri (ii) Standing Committee on Roads and Transportation: Sen. Aaron Kipkirui Cheruiyot to replace the former Sen. Keter. (iii)Standing Committee on Information and Technology: Sen. Aaron Kipkirui Cheruiyot to replace Sen. (Prof.) Wilfred Lesan. (iv)Standing Committee on Finance, Commerce and Budget: Sen. Aaron Kipkirui Cheruiyot to replace Sen. James Mungai Kiarie (v) Joint Committee on Parliamentary Broadcasting and Library: Sen. George Khaniri (vi)Joint Committee on National Cohesion and Equal Opportunity: Sen. James Mungai Kiarie to replace Sen. Stephen Sang. Mr. Temporary Speaker, Sir, this is a straightforward Motion. It is about creating an opportunity for the new Senator of Kericho County to serve in the various committees provided for above. I take this opportunity to congratulate him for being elected Senator of Kericho County. I welcome him to this House. In the period that he has been a Member of this House, he has not had the opportunity to serve in any Committee. This is the reason why it is important to expeditiously conclude this Motion and give him an opportunity to serve by bringing fresh energy and excitement. While sitting close to me, he was happy with the way the Chair was conducting the House Business. He asked a lot of questions on how the Chair enjoys his duties. He has already admired the Chair. Therefore, we should give him some work in committees so that he delivers to his people and the nation. Mr. Temporary Speaker, Sir, the Senator will be sitting in the Committee on Roads and Transportation. I was one of the Members that campaigned for him in Kericho County. I remember he promised his people that he will advocate for the tarmacking and/ or murramming of various roads. As he thinks about Kericho County, he will have an opportunity to work for the country through the committees and carry on with the duties of the former Senator of Kericho. He will also be sitting in the Standing Committee on Information and Technology to replace Sen. (Prof.) Wilfred Lesan who is the incumbent Chair of the Committee on Devolution. Mr. Temporary Speaker, Sir, Sen. Cheruiyot is a professional in Information and Technology having studied it at the university. It is important that he brings along the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Sen. Mutula Kilonzo Jnr. I will have to keep reminding you of the Standing Orders. Two Members cannot be on their feet at the same time.

Thank you, Mr. Temporary Speaker, Sir, for protecting me from Sen. Mutula Kilonzo Jnr. aka the Duke of Makueni County. Sen. Khaniri had been removed from the Committee on Lands and Natural Resources but after wide consultations, he will be back to the Committee. He will also serve in the Joint Committee on Parliamentary Broadcasting and Library. Finally, Sen. Mungai will replace Sen. Sang in the Joint Committee on National Cohesion and Equal Opportunity. The Committee is important in pursuing cohesion and equity in this country. This is a House of equity and it is where we apportion resources to ensure that we assist marginalised areas. Mr. Temporary Speaker, Sir, I do not want to bore Senators with a lot of things because this is a straightforward Motion. I request the Members to pass it and give room for the Senators to go serve this country in the various Committees and make contributions to the House. Having followed the debate that went on in the House, it is important to maintain a certain level of maturity and civility in the areas we serve. Peddling lies about each other on issues that are unsubstantiated---

(Sen. (Dr.) Machage): Order! Senators do not peddle lies. They may say some untruths but not lies. Kindly use the right words.

Mr. Temporary Speaker, Sir, I did not say the Senators peddle lies but I emphasised that the Constitution upholds us from uttering falsehood or defamatory statements. Taking advantage of the immunity of Parliament to insult Members left, right and centre is not good. There is a level of civility we must maintain. We took this position intentionally as a House and we said we are a mature institution. People used to say it in an insulting manner but being a House of elders, it is important. It is honourable because elders in the African culture represent maturity and wisdom. Mr. Temporary Speaker, Sir, your grey hair is a representation of wisdom. That is why you said you did not want to dye your hair because it is a representation of wisdom. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Please, do not take that route.

Mr. Temporary Speaker, Sir, I do not want to go there but as House, as we conduct our affairs, maturity is important. I came here when I was only 33 years but I am now getting older. I have tremendously enjoyed being in the midst of elders and gaining a lot of wisdom to the extent that I feel comfortable and honoured if I walk out of this House and people address me as “Elder Murkomen”. Those are some of the things you learn when you sit in committees. Committees give you the opportunity when you travel out of Nairobi to bond. For example, we went with you to Turkana and Elgeyo-Marakwet to look into matters of natural resources and many others. In the process, you get to learn many things that you naturally do not learn in the debate of the House. Mr. Temporary Speaker, Sir, I beg to move and ask Sen. M. Kajwang' to second this Motion.

(Sen. (Dr.) Machage): Very well, as you stand to second, I will say this. The old saying goes that when you are allowed to wash hands in the same basin with elders, you eat with them.

Mr. Temporary Speaker, Sir, I rise to second this Motion. As the Mover has stated, it is a straightforward Motion which seems to reorganize the committees so that we accommodate the new Member representing Kericho County. I am glad I also sit in some of the committees where Sen. Cheruiyot has been appointed to sit. I want to point out particularly the Standing Committee on Roads and Transportation of which I am a Member. I am glad that we will get some youth and vigour joining the Committee. This is because the vast majority of roads in this country, following the latest classification of roads have been handed over to county governments. The national Government remains with just about 40,000 kilometres of roads whereas county governments have been given more than 120,000 kilometres of roads. We still have issues with counties not accepting the classification that has been done by the national Government. We still have issues because the Roads Bill, which will provide greater clarity on who takes ownership of what roads in this country has not been concluded. I urge Sen. Cheruiyot that being the freshest member and the one who has been least contaminated by politics because he is only a few months old in politics---. There is a way politics sometimes contaminates you and leaves you in a bubble where you are surrounded by sycophants and fresh paint. Everywhere you go to, there will be fresh paint, a fresh road and everything will be freshly prepared so that

can appreciate the hospitality of the people in that area. I believe that Sen. Cheruiyot has not seen too much fresh paint and too much fresh tarmac and he will add a lot of value to the Committee on Roads and Transportation. Mr. Temporary Speaker, Sir, the inclusion of Sen. Cheruiyot in the Committee on Information and Technology is extremely relevant. There is usually a feeling that young The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well.

I see interest. Sen. Obure, I hope you will be brief.

Thank you very much, Mr. Temporary Speaker, Sir. Yes, I will. First of all, I thank the Mover and the Seconder of this Motion. This is a fairly straightforward Motion intended to accommodate the wishes of the parties represented in this House, who have sought re-organisation of the Membership of the various Committees. You will recall that recently, there was some confusion in this House which was as a result of inadequate consultation between the parties leading to a situation where Sen. Khaniri resigned from the Committee on Land and Natural Resources. I am very The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for allowing me to contribute to this Motion where the new Senator, a very energetic young man who was elected by the people of Kericho County is in this House. Let me start by thanking the Rules and Business Committee for doing its job which is to make sure that we have enough Members in all committees. This time, they must have consulted widely and that is why we can see that there is no acrimony. I salute them for that. When I start with the Committee on Land and Natural Resources, Sen. Khaniri had served in the same Committee as the Vice Chairperson and he did well. In fact, quite a number of times, we know him to have been the man in charge of answering all statements or queries directed to that Committee and he did it very well. I salute the Committee that it found wisdom to make sure that he is back there, although we are not told from which side he has come, whether from Jubilee side or the Coalition for Reforms and Democracy (CORD) side. Maybe we needed to have been told so that we know whether he is very much “CORDed” or he is still with us.

Wacha hiyo!

Mr. Temporary Speaker, Sir, for Sen. Cheruiyot to be in the Committee on Roads and Transportation, I believe he will learn a lot and be equal to the challenge. This is one of the committees which are supposed to be very active and vibrant, since all the rural roads and those classified under Class D and below and those which are unclassified, belong to counties as per the Fourth Schedule. I believe this Senate has a lot to do to make sure that we have the laws and regulations to make sure that those roads are improved in terms of standards of building, how they should be funded and the percentage of the amount of money which goes to the counties which should be directed to roads. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Aaron Cheruiyot. Not Kandie.

Mr. Temporary Speaker, Sir, Sen. Aaron Kipkirui Cheruiyot. I am told that any time the Chinese or Japanese are here and look at us, they do not know who is Otieno or Sen. Murkomen. They can only differentiate the one with a white beard

(Sen. (Dr.) Machage): Just say that you are sorry for the slip of the tongue instead of justifying your mistake.

Mr. Temporary Speaker, Sir, I believe that he will do a lot of good in this Committee and he will take fresh energy and all the expertise into it. When it comes to the Joint Committee on National Cohesion and Equal Opportunity for Sen. Mungai, I believe that my whip and the leadership must have even consulted him to make sure that he will now serve in one of the most important committees. It is because, just as Sen. M. Kajwang has said, this is one of the committees which are supposed to bring this country together. It has to make sure that this country cannot be divided on tribal lines or favour one region more than the other. Mr. Temporary Speaker, Sir, this is a committee that is supposed to make sure that this nation stands as one. When I look at the new Constitution, its unifying factor is the presidency but I am a bit worried because the powers of the presidency were diluted or devolved such that the unifying factor is not as strong as before. I know Sen. Murkomen has been moving a very important Motion to ensure that we have a committee which is going to look into the Constitution of this country, I believe that is one area that the committee needs to look at and ensure that Kenyans can make sure the presidency is empowered. I believe if we have that, we will not talk the way other politicians talk because at any one time, we will know that it is the institution that is supposed to hold this country together. Mr. Temporary Speaker, Sir, this is a committee I believe in and I know the qualities and the capabilities of Sen. Mungai. He is the Senator for Nakuru which is the most cosmopolitan county we know in this country where even those who will want to divide this nation by saying that they will want a particular tribe to go for the governorship or for the senatorship--- I know this committee will not be for that but will look at the country as one and see a face called Kenya. I know he is equal to the task and again, let me congratulate the RBC for these appointments and also congratulate all those who have been given the task of serving in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you Mr. Temporary Speaker, Sir. I also rise to support this Motion. Like my previous colleagues, this routine Motion is, indeed, necessary for our committees to be complete. When I look at the proposals as given by the RBC, citing Sen. Khaniri to go to the previous committee where he was, reveals a lot on the capacity he has. I want to wish him well. Although he was the Vice Chairman that time, I do not know whether he is still going to be the Vice Chairman but we wish him well and continue to have people who are very thorough. Mr. Temporary Speaker, Sir, we have a new entrant as we already received him recently. The replacement of former Sen. Keter by Sen. Cheruiyot who I heard during the campaigns in Kericho, eloquently convincing his people that he should be elected the Senator for Kericho to come and represent them here. I want to tell the Senator that these committees that he has been given by RBC are the right place for him to press those buttons and the promises he gave can be easily fulfilled. We do not have money here to give but this is where he can refill and ensure that all the aspirations he had for his people are easily captured.

Mr. Temporary Speaker, Sir, I know that he is stepping into the shoes of people who have been in those committees. He is replacing former Sen. Keter in Roads and Transportation Committee which was an issue in Kericho County where the Kenya African National Union (KANU) nearly took the seat because of roads but I am told things are happening now. You are again also replacing Sen. (Prof) Lesan who is a strong person in Information and Technology Committee. Since you are stepping in his shoes, I wish you well and tell you that this is what we expected of ourselves. You are also going to replace Sen. Mungai. So, you have three committees. Lastly, we have Sen. Mungai moving to replace Sen. Sang As I conclude, I look at this joint committee on National Cohesion and Equal Opportunity. This week, my governor started issuing funny threats calling upon this committee to arrest anybody who pinpoints at the wok that is not done well in the county. This tells you that some county governors have suddenly become owners of counties. They have not read the Constitution since they were elected. The Constitution states that the Senate does oversight of national funds that have been sent to the counties. Mr. Temporary Speaker, Sir, when you see a Senator seeking to know how the funds have been utilized, governors using their caucus headed by Governor Munya, called the Council of Governors, are now imputing improper motives on the work of people who are doing oversight. To say that Sen. (Prof.) Lonyangapuo is inciting people when he tells them to make sure that roads have been done properly is not true. That is not incitement; it is my duty. The same applies to Sen. Murkomen who has enough The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Senator, you also need to advise your governor that the Constitution allows wananchi themselves to oversight.

Mr. Temporary Speaker, Sir, maybe we need a letter with your signature going to the tables of these fellows, that this is what is written so that they do not misunderstand. I want to wish them well and tell Sen. Cheruiyot that this is where he belongs and he is equal to the task. When he entered Moi University, I was leaving. I was your boss that time and now I am very competent and I am proud that there is a young man who has come and he is going to deliver the duty to the people of Kericho County. Thank you.

Mr. Temporary Speaker, Sir, I will be very brief. First, I want to thank the RBC for ensuring that the new Senator, Sen. Cheruiyot is now able to discharge his duties in terms of legislation. I want to make it clear that it is important that as we put them in the committees, they are able to attend and be part and parcel of the decisions being made. I hope Sen. Mungai will be able to attend sittings of the Joint Committee on National Cohesion and Equal Opportunities. This is a critical committee that he needs to be attending for the sake of his own county and the issues that have always been raised. Mr. Temporary Speaker, Sir, therefore, I hope that he will avail himself and have time to be part of this committee which is fantastic. With all the challenges that we are facing in the counties, I think this committee can be able to give recommendations.

Senator, do you doubt that Sen. Mungai will be attending because you are saying “you hope”?

He is a Member of the Committee on Finance, Commerce and Budget and for a while we have not seen him. Going forward, I hope we will deal with the issue of billboards. The Bill that Sen. Mutula Kilonzo Jnr. brought to the House is a critical amendment to bring sanity in the counties. Every project in the counties is accompanied by a billboard bearing the photos of the governor. Since these are public resources being spent, we should stop this practice. Even projects initiated by the President do not bear the pictures of the President. Governors should know that when they misuse public resources they will be penalized. I beg to support.

Mr. Temporary Speaker, Sir, I wish to join my colleagues who have spoken before me in thanking the Rules and Business Committee (RBC) for the wise choice of re-organizing the Members of the Committees. I also thank the people of Kericho County for electing their new Senator, Sen. Cheruiyot, to the right side of the House where the former Senator, who is now the Cabinet Secretary, used to sit. They made a wise choice considering that this is an energetic young man who will definitely work hard and assist them. I also thank the former Senator for Kericho who was eloquent and useful to this House. I wish him the best as he continues to carry out the functions of a Cabinet Secretary in the Ministry. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order No. 28 (3), the Senate do adjourn until Tuesday, 12th April 2016. If you remember, last week we altered the calendar. We should have adjourned last week, but we altered the calendar to enable us to attend the State of the Nation Address by the President tomorrow. Instead of going on recess and come back mid week, we decided to postpone the recess. Recess is an important part of our calendar because it gives us the opportunity to concentrate on Committee work, visit and consult our constituents. We now have a chance to go back to our constituents and consult and finish pending Committee work which could not have been done during the week because of plenary sessions. I ask Members to approve this Motion to enable us to do this important responsibility. I look forward to the President’s address tomorrow, as a way of updating us on what the Executive has done in the last one year and their plans for the next one year on matters of values and principles, security and all other matters that are important for the running of the affairs of this State. Therefore, tomorrow is an important day. Our colleagues who have been romoured to have a partisan affair on State of the Nation Address, should change because it is not a party affair. People forget the Presidency is a symbol of unity of the State. The President is everybody’s responsibility, whether you voted for him or not. He serves every part of the country whether you believe or agree with him or not. The State of the Nation Address emanates from the United States of America (USA) tradition and philosophy from what leaders like Abraham Lincoln established on updating the country on the State of the Union. Remember that USA was federated; they were 50 different countries, but they agreed to come together to form a federation and federal state. Therefore, every year, the President updates the country on how that State is doing. It is called State of the Union Address. He updates the country on how the Union is doing and what they have done to perfect it. Mr. Temporary Speaker, Sir, we have devolved ourselves to various 47 counties. It is only the President of the Republic of Kenya who updates us on the state of the nation. We may not agree with him on his address, but he has to update us. Probably that is why we come back here to debate once we have the State of the Nation Address. It The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator.

Mr. Temporary Speaker, Sir, I am just talking about things which will happen over this recess. It is a very important function.

They have not happened so you cannot- -- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, the Senate Minority Leader is a senior person.

You cannot anticipate chaos. Order, Senator!

Mr. Temporary Speaker, Sir, I have not talked about chaos. I just talked about his usual gymnastics of bull fighting, twisting and turning of legs. He should allow that session---

Senator, you cannot continue to talk about another Senator who is not here. So, you are completely out of order!

Mr. Temporary Speaker, Sir, when I was not here earlier--

Stick to the Motion, Sen. Murkomen!

Mr. Temporary Speaker, Sir, he spoke about me when I was not here and I did not take offence.

Senator, I will not allow this to happen. Stick to the Motion!

Mr. Temporary Speaker, Sir, how I wish you were the Speaker then. In conclusion, that function, the presidential launch being one of the watershed moments of this recess, I have extended my invitation to the Senate Minority Leader, that should it become impossible for him to hold his function in Kakamega, Iten is available. For purpose of national unity, he can launch his presidential ambitions in Iten. He can even join Jubilee. We welcome him to be part and parcel of those who will pursue their ambitions in Jubilee as a team member because we respect leaders. Therefore, I thank you and wish everyone a wonderful recess. I hope that it will re-energize us when we come back to continue with the business of the House. With those remarks, I beg to move. This is a Motion not to be seconded but let me give the chance to Sen. M. Kajwang to second.

Mr. Temporary Speaker, Sir, I will be very brief considering the time and that my colleagues might also want to say something. I second this Motion that we do adjourn until Tuesday, 12th April, 2016. As I second this Motion, I wish to inform the Mover, that the CORD Coalition is full of star players just like the team called FC Barcelona. Whereas you will have Messi as your main striker, you still have other players like Neymar and that gentleman who bites others - sometimes I forget his name.

Suarez.

Yes, like Suarez. So, there is no shortage of talent in the CORD Coalition. We support our co-principal, Sen. Wetangula, in his bid to become the President of this nation. If you want to marry a young lady, she will not get married to you if you do not declare your interest. You cannot continue winking in the dark expecting that she will see you and be interested in you. That is the same thing with our co-principal and the Senate Minority Leader. It is his right to declare his interest; that he wants this young lady called Kenya. He wants to run this nation called Kenya. If he measures up against the Messi, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you Mr. Temporary Speaker, Sir. I support this Motion and I thank the Senators because we have worked together and finalized some critical Bills. However, we still have a lot pending that we have to work on. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Very well, Sen. Elachi. However, on the other hand since I am a civil or structural engineer, I would say that maybe they should have been consulted to know whether the forces were more than the platform itself.

Mr. Temporary Speaker, Sir, I also rise to support this Motion for Adjournment. Although the recess is short, it is worth taking so that we can visit our counties. You will hear very many things in the counties like I have already read in the digital version of newspapers. County governors are now saying that there is no need for them to go to nomination for political parties tickets. Instead, they want a direct ticket. I do not know whether Sen. Elachi is hearing this. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Lonyangapuo, I just want to remind you that governors are also on record talking of Mashinani Party. Maybe it is their party.

You are right. If it is the one, that is good riddance. They can move to that one and we remain in ours. Mr. Temporary Speaker, Sir, the Head of State will tomorrow give the State of the Nation Address. We know there have been challenges. One key challenge from the region I come from, the North Rift and Rift Valley in general is the provision of fertilizer for farmers. It is a big challenge and I hope he will also talk about it. I hope that the relevant Ministries and officers handling this matter will fast-track the distribution of fertilizers to farmers. The rains have deliberately delayed - maybe, because of the mercy of God - to ensure that farmers have fertilizer in time. Lastly, during the recess, we will have time to do our oversight work. I am hoping that our colleagues in the National Assembly have raised the issue of the little facilitation that will be required as oversight funds, so that it will be easy for Senators to traverse their counties. Some people like Sen. Munyes might need a helicopter. I do not know where he will get money from because the county is so vast that you may not even move around. I support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute on the same. My earlier request to contribute was about the appointment by the Rules and Business Committee of our new Senator, Sen. Cheruiyot. Nonetheless, I support the Motion on Adjournment.

Senator, by that time, I had not noticed that you are on Temporary One. It is not that there was an oversight.

Mr. Temporary Speaker, Sir, it is okay. I also support the Motion of Adjournment and this is because the 10 or 12 days that we will be out of this House will give us time to also meet with the people at the county level. I know it will be best for Sen. Cheruiyot to even go back to his county of Kericho to maybe appreciate the people for electing him in the by-elections. I also take this opportunity to thank the people of Kericho County for giving opportunity to this young Senator. I know you are aware of his powerful slogan. It is so powerful and I believe that he has been appointed to powerful Committees. I know he has the capacity to render services to the people of Kericho County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I also rise to support this adjournment Motion. As I support, last night, I had great experience listening to the Deputy President addressing and answering questions from the public with regard to the state of the performance of the Government so far. As we traverse the country, at the moment, there are many questions which the public needs answered. I commend the Deputy President for having a town hall meeting where questions were fired directly to him and he answered them and perhaps allayed some of the fears that the public had by directly hearing from the horse’s mouth. I hope that, as Senators, let us go out and avail ourselves to the public and answer questions directly from them. This is because these questions are very important and timely and require timely answers. I also wish that the leaders on the other side of the House and other parties could also sit somewhere and expect to be asked questions. I thought the Town Hall kind of answers which I saw yesterday were not fraught with any risks. You do not stand on a shabbily made dais that is likely to go down. You sit nicely on a chair in front of a microphone and answer questions. Of course, daises go down. As you said, we need to look at the engineering that was used in constructing these daises. However, some things are of divine intervention and there might be other reasons why they go down other than engineering construction. Mr. Temporary Speaker, Sir, as we wait for the---

Senator, maybe you could qualify it by saying that that is why they were never injured.

Thank you Mr. Temporary Speaker, Sir, for assisting me. I said divine intervention because with divine intervention, very good things do happen. The good thing that happened was that there were no injuries among the people who fell from the dais. As we wait for the President’s Speech tomorrow, I hope that he is going to talk about food security. I am sure he is also going to touch on areas of commercial enterprises by the farming communities in this country. In the last few days, there have been a lot of subsidized fertilizers which have been distributed to farmers but I do hope the President will also say that some of these fertilizers go to tea growing areas where farmers expect that their efforts will be subsidized by provision of subsidized fertilizer. I look forward to this and I am sure it is an important activity if these farmers get some assistance because this is a dollar earning activity as tea is a major export for this country. Mr. Temporary Speaker, Sir, as we go back to our counties, we know of the concerns that every Senator in this House has. This is wastage, misuse of privilege and abuse of resources that we send to the counties. As you are aware, this is of big concern The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Lesan, I want to step you down so that we can allow Sen. Cheruiyot to also contribute.

With that Mr. Temporary Speaker, Sir, I want to say that we look forward to a very useful period.

Thank you Mr. Temporary Speaker, Sir, for this chance. I rise to support this Motion of Adjournment. In the interest of time, I do not think I will be able to give out all my thoughts but I just want to laud the efforts of my colleague, Sen. M. Kajwang, who despite playing from a separate team from mine, has said that he looks forward to walking to the Chamber tomorrow to listen to the President as the Head of State. Mr. Temporary Speaker, Sir, it is a great statement and it speaks more of the kind of leadership that we want for this country where the politics of us versus them does not take centre stage especially when we have national issues as the one that will be addressed tomorrow. Due to the interest of time, let me leave at that. Thank you.

Hon. Senators, note that there will be a joint sitting tomorrow, Thursday 31st March, 2016 at 2.30 p.m., in the National Assembly Chamber where the Head of State will address the two joint Houses together. Let us inform our colleagues who are not aware so that all of us can attend. It is a moment where the whole nation is supposed to reflect and listen to the unifying factor of this country.