Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 13th April, 2016. The end term Report on the Transition to Devolved System of Government, 2012- 2016. COSTING OF GOVERNMENT FUNCTIONS, 2015 Final Report on the Costing of Government Functions, 2015

Hon. Members, I have two Messages to transmit from the National Assembly. APPROVAL OF MEDIATED VERSION OF THE STATUTE LAW (MISCELLANEOUS AMENDMENTS) (NO.2) BILL (NATIONAL ASSEMBLY BILL NO.33 OF 2013) The first one is on the approval of the mediated version of the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.33 of 2013). 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. We are grateful that you are conveying Messages from the National Assembly with extreme clarity and gusto. These are Messages that bring some Bills from the National Assembly to the Senate. However, it should not be lost to this House that we have over 18 Bills that we have passed and conveyed to the National Assembly. To date, they have not been dealt with at all. They have not even found their way to the House Business Committee (HBC) to be considered whether they are worth going to the Order Paper of the National Assembly. This kind of engagement definitely serves to undermine the efficacy, dignity and the standing of this House. We would want to get a clear direction because in a situation such as this, it might be prudent to adopt a quid pro quo attitude. If we are expeditiously handling Bills from the National Assembly as we are constitutionally required, what is the fate of our own Bills? They are queuing for as long as two years. Some of these Bills have reached the National Assembly; they have been plagiarized and turned into originating Bills from individual Members and passed there. Sometimes they are sent to the President for assent without any reference to this House. We need to have clarity on our engagement and the manner in which our constitutional workings with the National Assembly are respected, protected and adhered to.

Mr. Speaker, Sir, I rise to seek further clarification on your communication in respect to the extension of the period by one year. Whereas the Constitution gives the National Assembly that particular role, it goes further and says that this can only be done once, and when it is done, it is done only in exceptional circumstances to be certified by the Speaker of the National Assembly. Since it is coming to us for the first time, could you tell us what the exceptional circumstances were which convinced the Speaker of the National Assembly to agree that the timeline be extended by one year? 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. Speaker, Sir. Parliament will generally miss the courtesy that you have had in this Senate. I want to confirm that I am one of the people who received your communication when we were on recess. The courtesy ends there because the courtesy is not extended in similar terms to our colleagues in the National Assembly. We are now at a constitutional crisis level and this is how it looks like. We are 15 months to the next general election. We have presidential candidates in the room and people who want to be governors. Chances are that we have at least 12 months or less of work. Mr. Speaker, Sir, what directions will you give the Senators like ourselves who are generating more Bills that are going to come into this Senate? Some are pending in your office with the ongoing crisis. How long are you going to be courteous and a gentleman as envisaged in this Constitution yet we are suffering? We only have three Bills now including the one by Sen. (Dr.) Khalwale which the governors are challenging. We can only be proud to say that is the only Bill that has gone through the process. Therefore, we call upon you to save our reputation because it is at stake. Thank you.

Thank you Mr. Speaker, Sir. As we prepare ourselves to deliberate on the Bills coming from the National Assembly, there is a Bill which in the year 2014 was passionately deliberated and passed by this House. Members were too passionate with the Persons with Disabilities Amendment Bill and up to date, I have never heard of that Bill. I wonder whether it got lost on the way to the National Assembly or it still exists in the hands of the National Assembly. Mr. Speaker, Sir, I wonder why Bills are coming to this House from the National Assembly and yet our Bills are buried somewhere in the National Assembly. Can that appetite be there in this House to discuss Bills coming from the National Assembly yet ours are regulated by the National Assembly? I, therefore, wonder whether the same message is relayed to the National Assembly Speaker in order for him to come out openly and tell us whether there is a tray where they dump the Bills coming from the Senate because it is very unfortunate that they can ignore and wish away our Bills. Mr. Speaker, Sir, you know persons with disability had high hope when we deliberated on that Bill which was passed here. I remember the turnout was almost 80 per cent and we have never heard of this Bill at any other time from the National Assembly. I, therefore, wish to say time has come for us to sit down and discuss with the National Assembly before we go further because our Bills are as equally important as their Bills. Thank you.

Thank you Mr. Speaker, Sir. You made some ruling before on this matter but each day when you do such a correspondence, you even reorganize the programmes of the Senate to comply with the requirements of the National Assembly. Mr. Speaker, Sir, you have mentioned that history will judge us if we do what is right for us. This House, as I have spoken before does not want to become saints or martyrs. The nation and our electorate look upon us to make decisions. I need guidance on whether we have legal mechanisms of the House leaderships to engage when we reach 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

Temporary four! Order! I have decided to withdraw the request by Temporary four; whoever it was. So, that is the end of it. We have been there before and we are there again. Let me start by disposing the issue raised by Sen. (Dr.) Khalwale with regard to the reading of Article 261 (1), (2) and (3). You are asking that it qualifies only once and in exceptional circumstances. The same exceptional circumstances have to be certified by the Speaker of the National Assembly. So, I am afraid, I am not in a position to inform you. I think more importantly, if one House saw the wisdom of commanding more than two-thirds to extend that period, I think it is only fair to give it the benefit of the doubt. Definitely there were exceptional circumstances that warranted this and it is our business to do our part. On the matters raised by the other Senators; Sen. Wetangula, Sen. Mutula Kilonzo Jnr., Sen. Okong’o and Sen, Njoroge, that is a matter under active consideration. Sen. Wetangula can confirm since he sits in the Rules and Business Committee that we have had correspondence between the two Houses on the status of our Bills in the National Assembly. We have gotten some responses which we found unsatisfactory and we have demanded more explanations. To Sen. Mutula Kilonzo Jnr., just because your neighbor is misbehaving or is a criminal, it should not be an open invitation to you to conduct yourself in a manner that is not desirable. In any case, how can they know the difference? So, I do not think we should tire in doing what is right. We have a constitutional commitment and obligation to discharge and we are discharging it. Giving priority to Bills coming from the other House is good business because that is business that has already been processed through the House. Kenyans are watching, listening and will look into our records and they will make that determination when it will be necessary. I would not want our House to be seen in the same light. So we will have to do our part. Next order!

Mr. Speaker, Sir, I have three statements to seek. THE CONTRIBUTION OF THE MANUFACTURING INDUSTRY TO THE GDP I rise, pursuant to Standing Order No. 45 2(b), to seek a Statement from the Chairperson of the Committee on Finance, Commerce and Budget regarding the contribution of manufacturing industry to Kenya’s Gross Domestic Product (GDP). In the Statement, the Chairperson should:- (a) Confirm whether the manufacturing industry in Kenya contributes about 10 per cent to Kenya’s GDP. 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

Chairperson, Committee on Finance, Commerce and Budget.

Mr. Speaker, Sir, we will provide the response in two weeks, but I want to seek your indulgence. Some of the questions being asked in the Statement, for example, regarding how much manufacturing factories contribute to the GDP is public information available in the economic survey which is published every year in May. However, since he has requested, I will provide that information in two weeks.

Chairman, I looked at it and he was careful enough to use the word ‘confirm’.

Mr. Speaker, Sir, the Senator was a senior public servant. The information in the Economic Survey is published by the Ministry and it is based on data collected by the Kenya Bureau of Statistics. We have no reasons to doubt it, but we will confirm as a team and then provide the information.

Do you have another Statement, Sen. (Prof.) Lonyangapuo?

Mr. Speaker, Sir, I have two more Statements. AGRO-PROCESSING INDUSTRIES IN ASALS I rise pursuant to the Standing Order No. 45 2(b) to seek a Statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding agro-processing industries in arid and semi-arid areas in Kenya. In the Statement the Chairperson should:- (a) State whether there is a specific policy dealing with the production and processing of daily produce, meat, hides and skins in all arid and semi-arid lands (ASALs); (b) Provide a list of all agro-processing industries per county in the ASALs; (c) Explain the steps undertaken by both the national Government and county governments in ASALs to encourage investment in agro-processing industries.

Chairman or Vice Chairman of the Committee on Agriculture and Fisheries?

Mr. Speaker, Sir, we will respond in two weeks.

Two week’s time. It is so ordered. 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, finally, I rise, pursuant to Standing Order No. 45 2 (b) to seek a Statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the construction of Pokot Cement Plant. In the Statement the Chairperson should:- (a) State if he is aware that in June 2010 the then Prime Minister of Kenya launched the construction of Pokot Cement Plant at Sebit in West Pokot County. (b) Explain what stalled the construction of the plant. (c) Explain if the investors, Cemtech and Sanghi Group are still interested in the project and if so, when they will start the actual production of cement.

Chairperson of the Committee on Land and Natural Resources.

Mr. Speaker, Sir, we will try and obtain the information sought. We hope to be back here with that information in two weeks.

It is so ordered. Are there any other Statements?

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

What is it Sen. Kembi-Gitura?

Mr. Speaker, Sir, there are many Statements on the Order Paper. There are more than nine Statements that were sought and we would like to know their status. Mine is Statement (e).

Members should also show interest by indicating when the Order is called out, so that I know where to start. Sen. Kembi-Gitura, I have heard you. Now that you have demonstrated extreme interest, I will start with Statement (e). REPORT OF THE SPECIAL COMMITTEE ON THE PROPOSED REMOVAL FROM OFFICE BY IMPEACHMENT OF HON. MWANGI WA IRIA, GOVERNOR OF MURANG’A COUNTY Could the Chairperson, Sen. (Prof.) Anyang'-Nyong'o, or the Vice Chairperson, Sen. (Prof.) Lonyangapuo of the Sessional Committee on County Public Accounts and Investment respond to that Statement?

Mr. Speaker, Sir, give us a week.

Order, Sen. (Prof.) Lonyangapuo. The statement is not being sought; it is a listed Statement expecting a response and it must be due.

Mr. Speaker, Sir, we are still working on it. We will bring it on Tuesday next week.

Mr. Speaker, Sir, I was hoping that the Vice Chairperson of the Committee will say how much work they have done on it. This is a pertinent issue. I believe that the issues that I have raised will not be swept under the carpet. The relevant governor should be called with his team to come and answer those questions and be interrogated. I expect that the Report that was tabled here by this Select Committee will be interrogated and the issues that they raised will be looked into. That is all I am 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 Deputy Speaker requested for a statement and the Committee was reconstituted recently but we are working on it. As to how the Committee will handle it, the Deputy Speaker has to wait. Whether we are going to summon the governor or not, it is not for him to tell us. We will give even a provisional way forward next Tuesday.

On a point of order, Mr. Speaker, Sir. I do not like that attitude. You appreciate that Sen. (Prof.) Lonyangapuo was a Member of the select committee. I respect the findings that they made but it is due to the recommendations that they did that certain things must be explained to the satisfaction of this House, the people of Murang’a and Kenyans. Therefore, it is not enough for him to tell me that it is not for me to tell them what to do. I am not doing that but I expect them to do what is right. What is right is giving us a chance to interrogate that report further according to the recommendations. I am willing to wait but I am not going to accept to be told that I have no interest in that matter and I should leave it to them. I do not think that is fair because the Senate has an extremely important role under Article 96, that is, oversight over each and every county as a corporate body and that must be taken seriously.

Order, Sen. Kembi-Gitura. My understanding of Sen. (Prof.) Lonyangapuo’s issue was a basic one; that committees conduct their affairs in the normal way. I do not think he said that you have no interest in the matter. So, let us get some report on Tuesday next week. I wish to recognize Sen. Leshore but I want the Chairs to go first. There is part (a), Committee on Finance, Commerce and Budget. Proceed with Statement (a). STATUS OF PUBLIC-PRIVATE PARTNERSHIP PROJECTS

Mr. Speaker, Sir, this Statement was sought by Sen. Leshore and it regards the public-private partnerships. I wish to respond to the statement as follows. The Senator sought to know a number of things. The statement is very detailed and, because the Senator has a copy, I will go straight to the critical information. The hon. Senator sought to know the number of Public-Private Partnership (PPP) projects undertaken across the country in the last three years and the status of each project. Mr. Speaker, Sir, following the coming into force of the Public Private Partnership (PPP) Act in February, 2013, the programme in Kenya has gathered considerable pace and is regarded as having gained solid traction. With a growing pipeline of potentially bankable PPP projects across various economic sectors and county governments, sustainable movement in their development has been registered. 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 thank the Chairman for the comprehensive brief about the PPP projects. However, as the Senator for Samburu County, I would like him to tell us when the PPP committees were formed, who they are and whether they have been giving the Senate committee’s advice on all the projects as well as giving the status of the projects or do they just report to the National Treasury alone?

Mr. Speaker, Sir, I wish to seek a clarification from the Chairman regarding the PPP committees. I would like to find out to what extent the committee has been active, particularly to the public to create knowledge about the existence of PPP. You will notice that one of the institutions that can enter into PPP agreements is the county governments. I do not know to what extent awareness has been created within the county governments that it is possible for them to enter into agreements to release private capital 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, Senators! Sen. Kagwe has just disqualified himself from my protection.

On a point of order, Mr. Speaker, Sir. Could the Senator for Nyeri County set the record of the HANSARD straight by substantiating his claim that the CORD coalition is dead?

Mr. Speaker, Sir, there was a gentleman from the area that the Senator for Kakamega County comes from called Shikuku and Seroney who a few years ago were supposed to substantiate about the death of KANU. They explained clearly that there was no point of substantiating the obvious. Therefore, do I need to say anything further?

On a point of order, Mr. Speaker, Sir. The Standing Order No.94 (1) clearly states that:- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.” Sen. Kagwe has been asked to substantiate. Could you order that he does exactly that?

On a point of order, Mr. Speaker, Sir. Apart from Standing Order No.94(1) which the Senator for Nyeri is obligated to substantiate and show the accuracy of his allegations---. As you can see, we are here as Members of the CORD coalition in which I am a co-principal and a presidential candidate within CORD coalition which is alive and kicking. Did you also hear him say that there was a gentleman from Sen. (Dr.) Khalwale’s area called “Shikuku Seroney”? Have we ever had any Member in this country called Shikuku Seroney? The HANSARD will bear me witness. That also leads us to Standing Order No.94(1) on the accuracy of what we say. There has never been a Member of Parliament called Shikuku Seroney. 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, first of all, I would like to clarify that there were two Members of Parliament; Hon. Shikuku and Hon. Seroney. I am quite certain from the body language of the Senate Minority Leader that he is quite sure of what I meant. Having said that---

Order, Sen. Kagwe! Standing Order No.94(1) is very clear. The issue is not on what you meant. You could mean whatever you intended, but we speak in order to communicate whatever we mean. You used the words from Sen. (Dr.) Khalwale’s area.

Mr. Speaker, Sir, I have clarified that I meant two serious and honourable gentlemen from the western part of this country. However, if I were to respond to the other issue that was raised with regard to Standing Order No. 94 (1); there is only one way that parties die. One of them is where the principals, as Sen. Wetangula has referred to himself---. We agree that he was one of the principals of CORD before they cheated him, went and stoned him, somehow acquired Government materials like teargas canisters which normally belong to the security---

Order! Order, hon. Senators! Sen. Kagwe, this is a straightforward matter. You have made a very serious statement which you know that in another era, it caused the two “honourable gentlemen”, according to you, detention.

Without trial!

However, since we have moved on, we are now involved in civility. You have an opportunity if you said things that you never intended to. It is simple, all you can do is just to withdraw and apologise. I can confirm from where I sit that I have two hands which have been shared by two coalitions; the Majority where you belong and the Minority to my left.

So, definitely, they are Members of the House.

Mr. Speaker, Sir, I would not want to offend my colleagues. I am sure that I will not even get away by saying that CORD is not dead. It is dying. Therefore, I wish to apologise and withdraw completely.

Mr. Speaker, Sir, we had the very lengthy statement by the Chairman which sounded like the usual Jubilee statements of intent. With no intention of going further than that, can he tell us:- (1) When the Committee that is responsible for dealing with Public Private Partnerships (PPPs) was constituted and if it was, who are the members? (2) Whether it is true that it is, in fact, in almost all the intended PPPs apart from one or two, there are only two favoured companies; one called Century Investments and another one called Centum whose directors are well known and who in the past have brought down whole state corporations; these are the ones involved in these PPPs. It 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

Mr. Speaker, Sir, I heard the Chairman say that very soon, a serious housing project will come up. I would like him to clarify to the residents of Nairobi whether this is the same programme we know is about to start. He should also inform us where the people who will be affected will be taken to. Will they be taken to safe places where they will wait for these houses to be built or we will just move people and then in the end, since it is a PPP programme, they will never come back to those houses and that will be the end? Especially now that we will have elections soon, we would like to know whether we are moving people or what will happen?

Mr. Speaker, Sir, a very interesting aspect has come out of this request and answer in particular, question No.3. It appears that out of the list of legislation and regulations that are now in place, the only one that has not been devolved and is in draft is called the Draft County PPP Regulations. The answer suggests that the absence of County PPP Regulations does not stop the counties from pursuing PPP projects. When we were conducting the impeachment proceedings of Governor Chepkwony, one of the things that the person in charge of this PPP – I think he is called a director – mentioned that the reason why that PPP could not be implemented was the absence of these regulations with regard to county governments. First, is the Chairman in a position to get a clarification of these answers because it contradicts a record about Kericho County that we already have here. Secondly, he should find out why in the discussions about these regulations, the Senate has not been involved.

Proceed, Chairperson. What is your point of order, Sen. Karaba?

On a point of order, Mr. Speaker, Sir. This concerns my machine. This one!

It is indicating that we are communicating with you. It is reflecting interjections here. So, I was waiting for you to call out my name. Can I proceed? 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. Karaba.

Mr. Speaker, Sir, I wanted to find out from the Chairman---

Order! Can I dispose of your point of order first? I confirm that if there was ever any communication between the machines, it can only be a monologue from your machine. My machine has no communication from you.

Mr. Speaker, Sir, then this one is obsolete. It should be discarded.

You may proceed.

Mr. Speaker, Sir, then there is no point of having these machines here because they are misleading. Anyway, there is a very serious allegation – I do not know whether it is from the Chairman – about PPP. Mr. Speaker, Sir, when you go to other countries, you find that there are indications on the roads showing that the road has been constructed through Public Private Partnership Programme (PPPP). We know that Thika Road was constructed through partnership of the Chinese and Kenyan governments. The Chair is talking of it as having been constructed under PPPP which we do not know. It is important for the Chair to tell us clearly the company involved in some of these projects. It sounds like there is double funding from some institutions. That is what I am concerned about.

Mr. Speaker, Sir, with all due respect to my colleagues, this Government should be given credit with regard to the PPPP. The PPPP story commenced in 2005 and it was not until 2009 that the policy was done. In 2013, an Act of Parliament on PPPP was passed. Last year, the regulations were passed. We have since then seen all the PPPP advertisements in the media. Pursuant to that, there has been a lot of response from the public. All these projects running in hundreds are the ones which received responses from the private sector who were interested. It is true that none of them has been completed but they have commenced. I have mentioned the construction of 10,000 Kenyatta University students’ hostel units. It has commenced because they have signed an agreement with the company to design, finance, construct and operate the accommodation in their Juja campus. Mr. Speaker, Sir, on the coal plant in Lamu, it has been signed with the consortium of companies to provide coal power. I caution Hon. Members that they should not mention companies without evidence. Centum Company is being mentioned yet they went into a consortium with other companies to do the coal plant. The same way a Member’s reputation needs to be protected, companies also need protection. If a Member has evidence to the contrary, he or she can table it in the House. However, in this list of nearly a hundred companies, Centum Company appears once in the Lamu coal plant. It does not appear anywhere else. The Century Company does not appear in any of the others too. Therefore, it is not fair for some Hon. Senators to bring their imaginations in the 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

On a point of order, Mr. Speaker, Sir. Is the distinguished Senator for Mandera County in order to continue giving a spirited half-hearted defence of the company we mentioned when we want to know why he mentioned Centum Company in one project and did not mention the other companies involved?

Mr. Speaker, Sir, the Senate Minority Leader should have listened to what I presented. I said that with regards to the Kenyatta University, they went into a PPPP with an American company called Africa Integras Investment Company Limited.

Order Chairman. We have been following the proceedings and you were clear. You were challenged by the Senate Minority Leader to name where the company is involved. He asked you for another one and you stated that it is not there. Therefore, you gave an exhaustive response.

Mr. Speaker, Sir, thank you for that protection. The Senator for Nyeri County asked about the PPPP committees. These committees were set up in 2013 when the Act came into force. I do not have the names but I can provide the Member with the names of the individual members. We had a meeting with the Chief Executive Officer (CEO) and the Chairman when we were discussing the impeachment of the Kericho Governor. However, they are in office and they were elected in accordance with the provisions of the Public Private Partnership Programme Act. There was a question on the counties that Sen. Kagwe asked. The regulations regarding the county PPPPs are still under discussion with the various stakeholders. The result will come to the Senate and the National Assembly for approval as required. However, we were told that the Public Private Partnership Programme Act of 2013 provides some functional framework for guiding counties. This is why some of the counties are currently doing PPPPs based on it. The Treasury felt that there is need to have one for respective counties. That is why those regulations were devolved. However, it is important to note that there is no way a PPPP can be done at the county level without the involvement of the county assemblies and the Treasury. Mr. Speaker, Sir, the third question was on the Nairobi housing that was asked by Sen. Elachi. This project involved the development of 10,000 units for civil servants in Park Road, Starehe and Shauri Moyo estates. I do not know whether the areas that she has mentioned are the same ones that I referred to here. However, if she wants details I can find out if these are the same ones. There is no need to worry because the Act provides clearly that the services provided to the public should be affordable and not a burden on the Government and the people of Kenya. I do not think there is a situation where we shall demolish all the houses and get rid of the people there. There should be a mechanism to provide accommodation for them. Sen. Mutula Kilonzo Jnr. asked a question about the counties. What I have said is clear. The absence of the county PPPP regulations does not stop the counties from pursuing PPP projects. As the Members will remember, when we dealt with the Kericho 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, it is a contradiction to say that the Public/Private Partnerships (PPPs) that counties are doing must go to the assemblies for approval and at the same time admit that we do not have the regulations. It is those regulations that would require county governments to submit those PPPs to the county assemblies. The Chairman is, therefore, telling the governors to go ahead and do PPPs without involving the county assemblies. Could he make it clear to us?

Mr. Speaker, Sir, picking from where Sen. Mutula Kilonzo Jnr. has left, we know that the governors arm-twisted the county assemblies. A case in point is Meru where the Senator for Meru was forced to go to court to stop PPPs. Could the Chair be clear on the role of PPPs with regard to county governments and county assemblies?

Mr. Speaker, Sir, this matter is very fundamental. In the answer that the Chairman gave – and we cannot blame him because he was reading what has been written for him – he said that the regulations are yet to be put in place. We are talking of situations like the case of Machakos, for example, where the governor has been signing agreements and handing out land to people from Dubai; calling them PPPs. We also had situations where governors signed agreements for wind power and other things. It is the duty of this House, under the Constitution, to protect counties and their governments and resources today and the future. Could the Chairman tell this House that as long as regulations are not in place, we will put an embargo on any of these PPPs until we have those regulations? When those regulations are ready, they will be tabled in the county assemblies and then brought to the Senate.

Mr. Speaker, Sir, there is an Act of Parliament on PPPs. There are also regulations on PPPs that were passed---

Mr. Speaker, Sir, can I be allowed to proceed? There are PPPs regulations that were passed in December, 2014. What is pending are regulations relating to county governments. I want to emphasis that the absence of the county PPPs regulations does not and has not stopped counties from pursuing PPP projects. Counties are required at the moment to apply the PPP Act and regulations in force with regard to any PPP agreement. 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. Is the Chairman in order to mislead the House that there is no vacuum, when he knows very well that before an international treaty binds Kenya, for example, it has to be domesticated through Parliamentary ratification? Therefore the vacuum that he says does not exist is actually there because those rules and regulations must be domesticated by the county assemblies. Since when did the Senate become a county assembly?

Mr. Speaker, Sir, I have responded to that matter adequately. There is an Act of Parliament that was passed by the two Houses of Parliament. The PPP Act and regulations were passed by Parliament in 2013 and, therefore, there is no vacuum. To make it more enforceable and applicable---

On a point of order, Mr. Speaker, Sir. Is Sen. (Dr.) Khalwale in order to mislead this House that once regulations are published, pursuant to the PPP Act, they must be domesticated in the county assemblies? That is not the case. Once regulations are tabled in this House, they are addressed by this House. As the Committee on Delegated Legislation, we will deal with them. Once we are done there is no need for domestication by the county assemblies. Is he in order?

Mr. Speaker, Sir, there is a law on PPPs in place that was passed by Parliament and enacted. If anyone wants to challenge it, there are other avenues to do so. Therefore, all county governments must comply.

Mr. Chairman, please, conclude.

Mr. Speaker, Sir, the last question was on Annuity Roads Projects.

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

Overruled! Proceed, Chair.

Mr. Speaker, Sir, there was a time when the Annuity Programme was suspended because of the cost. The Government has since looked at it and in the last Cabinet meeting - about ten days ago - the first 435 kilometres under the roads annuity programme were approved. The relevant committee can provide you with more information, but it will commence in the first quarter of the 2016/2017 financial year. Part of North Eastern, where I come from, is included in this programme and I met the contractor. Thank you.

Hon. Senators, that is the end of Statements’ Time.

On a point of order, Mr. Speaker, Sir. I was slated to get a response on Statement No.1, but had mentioned to 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

Order, Senator! We do not have to broadcast small things, when we are really pressed for time. When I said that we had concluded that Order, you could approach me as we proceed with other matters. Next Order!

Mr. Speaker, Sir, thank you for giving me the opportunity to contribute to this very important debate on the Presidential Address which was given two weeks ago. I know that my colleagues have debated several issues that appeared in the Presidential Address. Therefore, I will look into one or two issues. The President spoke at great length about what he called the nationalist covenant. That was very important; he spoke about it because Article 10 of our Constitution talks about the national values. The national values are some of the most important things to consider in our nationalism and in the nationalist covenant. Article 10 of the Constitution sets out the national values and it clearly states why they have to be looked up to, so that we continue upholding our nationalism. National values include patriotism, national unity, sharing and devolution of power, the rule of law, democracy and participation of the people. Mr. Speaker, Sir, Chapter Six of our Constitution provides for issues of integrity. One of the biggest problems is that we have for a long time ignored national values and integrity. At the moment, we take our nationhood for granted. For instance, there is the issue of corruption. I will speak to it at some length. I am on record as having said over time, that one of the most important things in this country is the National Anthem that was done at the time of our Independence. It is a prayer about the importance of our nationhood, staying as one nation and working towards creating that nationhood. That is why the theme of the nationalist covenant was very important when enunciated by the Head of State on that important occasion. Mr. Speaker, Sir, we have taken issues of corruption for granted in this country. From paragraph 67 of the Presidential Address, the President spoke at length about 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! Your time is up!

Mr. Speaker, Sir, I rise to comment on the Presidential Address. Let me emphasize that I agree with everybody and, especially the President himself that this was a very important occasion because he was discharging his constitutional right as he is expected under Articles 10 and 132. 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

What is it, Sen. (Dr.) Machage? 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. Whereas I would not have wanted to intervene and interrupt this eloquent presentation by Sen. (Dr.) Khalwale, he alleged that Members of this House have been named in the Waiguru corruption scandal. That is not in favour of this House. Could he substantiate the same or withdraw?

Mr. Speaker, Sir, I am in possession of that affidavit because I have been sued by Ms. Anne Waiguru. I have used the same affidavit as my defence. However, if it pleases Sen. (Dr.) Machage that he would rather that affidavit is not mentioned on the record of the HANSARD, I withdraw. It is not important. It is already on record in the High Court of Kenya. I say these things with a lot of passion. I think about this barefooted old woman in Nyanza---

Order! Sen. (Dr.) Khalwale, which action have you taken?

Mr. Speaker, Sir, I have said that for purposes of the record of this House, then let the mention of the affidavit be expunged from my statement.

While at it, Sen. (Dr.) Khalwale, you also made serious statements about the Speakers of both Houses. Since I was the accused, I did not want you to get the impression that I am quick to defend myself until you have exhausted that aspect of your submissions. I want to remind you that the House has certain rules. You are one good Senator who always reminds me to enforce those rules in the Standing Orders. Standing Order No.24(4) says:- “When delivering an address to Parliament, the President shall be heard in silence and the address shall not be followed by any comment or question.” Hon. Senator, what do you make of it when people just do other things that destroy that silence? Are we not under obligations to enforce those rules? As a Member of Parliament, do you not have an opportunity provided for? You started very well. You said, “According to the Constitution, the President was doing his constitutional duty.” That is a statement you made yourself. It is factual. It is appreciated. As a Member of Parliament you are one person with an opportunity which you have been given which you are exercising right now. That is to give your side of the story. For purposes of ensuring order in the House, it was necessary for some of those actions to be taken. I am not defending the Speakers of both Houses, but I am defending the Standing Orders. Proceed.

Mr. Speaker, Sir, I have agonized over this. I have looked at that Standing Order. With the benefit of the High Court ruling, as the opposition we approached the court over the Statute Law (Miscellaneous Amendments) Bill for which there was a fracas in the “lower” House. The court ruled that as a court, they were not going to make a statement on “the noise that was in Parliament because those were loud consultations.” I take Standing Order No.24(4), it says “the President shall be heard in silence”, to mean no one can ask for the Speaker to catches his eye to give him an opportunity to 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

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

On a point of order, Mr. Speaker, Sir. I really like the mitigation that the hon. Senator is making on a Member of our fellow sister House. However, would I be in order to draw his attention to our Standing Order No.114 and comment whether the action of the Speaker was also illegal.

What is it, Sen. Kagwe?

On a Point of Order, Mr. Speaker, Sir. I appreciate the sentiments of the Senator for Kakamega. However, just for the record since we are at it, would I be in order to ask whether blowing a whistle constitutes consultation?

Mr. Speaker, Sir, Members might be reacting on the spur of the moment. However, the words that I am pronouncing now are the product of hard and long thinking. If is right even in the House of Commons for that noise to be made; if is right in South Africa and India for this to happen, what magic can we do so that we allow the President to be heard in silence and still not muzzle Members who want to consult? The High Court has ruled that all that mayhem where Sen. Muthama was undressed and we were physically maimed was nothing other than loud consultations. If that confrontation was loud consultation, then whistling is just loud consultation.

Order, Sen. (Dr.) Khalwale! I will not allow you to give an extra interpretation to the High Court ruling. How can a High Court consider the beating up of our Senators to be loud consultations? How?

Mr. Speaker, Sir, I agree with you. In fact, we were as much surprised. It was our evidence.

What is it, Sen. Kembi-Gitura?

Mr. Speaker, Sir, I am a little surprised because Sen. (Dr.) Khalwale is one person I have a lot of respect for when it comes to enforcement of House rules and Standing Orders. A very important thing has being brought to his attention by Sen. (Dr.) Machage. This is Standing Order No.114. At that moment, what he is calling loud consultations, if they had stopped when the Speaker asked them to stop, no action would have been taken against them. The Speaker was only enforcing Standing Order No.114. He gave them a chance to stop doing what they were doing, whatever you call it, before they were thrown out. They were thrown out for what the Speaker rightly called misconduct under Standing Order. No.114.

Thank you, Mr. Speaker, Sir. I agree with Sen. Kembi- Gitura. I am not contesting the throwing out of the Member. In fact, the HANSARD has recorded me. I have appealed to the Speaker of the Senate to sit with the Speaker of the National Assembly to consider making the punishment a bit lighter in view of the High Court ruling that those are nothing but just consultations. Mr. Speaker, Sir, that is the point that I wanted to make; that you need to see how best you can allow us to exercise parliamentary democracy. I can assure you that when I feel motivated that I want to speak about corruption by coming here with a placard, I will 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. It is not legalese, but to inform you of the fact that we are building intolerance because in South Africa, if somebody is making a presentation, the loud speakers are never put off until you finish that presentation. But in our Parliament, when there is a feeling that you are saying something that the Speaker or the Clerks are not happy about, the microphone is turned off. It never even happened in the parliaments that I knew. So, once you begin stopping people from making presentational speeches, then the reaction is to find alternative means of doing the same thing. I would plead that that level of intolerance be stopped.

On a point of order, Mr. Speaker, Sir. I stand to get clarification from Sen. (Dr.) Khalwale and Sen. Orengo who apparently were not present on that material day. When the whistles started being blown, what had the President said? Are Sen. (Dr.) Khalwale and Sen. Orengo in order to mislead this House that the whistle blowing came from what the President had said? I remember---

Order! You have done well. Proceed, Sen. (Dr.) Khalwale.

Thank you, Mr. Speaker, Sir. Sen. Njoroge is right in demanding that I explain what the President had done or said. I cannot because I was not there. You are asking me to be what I cannot be. It is for him and others who were there to challenge me if I am misleading the House when they will be making their interpretation. Mr. Speaker, Sir, may I appeal to Members that there will be times when it is only Parliament that can stop the country from moving into the wrong direction. Therefore, if we start intimidating Members from expressing themselves on behalf of the electorate, then we are converting this House into an institution that is dictatorial. You have watched that in South Africa, a speaker saying that President Jacob Zuma is a thief. She is ordered to withdraw and she says she will not withdraw because the President is a thief, and it ends there. I am not saying that this is what we should do, but you need to think about it. Mr. Speaker, Sir, you want to write your own history as the Speaker of the Senate of the Republic of Kenya, so that parliamentary democracy is enjoyed. How can the mere blowing of a whistle---

Order, Sen. (Dr.) Khalwale! If you have nothing more useful on the Speech, you are at liberty to terminate. You cannot spend the better part of your contribution asking me to promote anarchy. I am bound by the rules you give me and you are always a constant reminder of those rules. It cannot be that the moment it is convenient to you, I should abandon them. You do not write legacies by doing something that is terrible. You write legacies by doing what is good and right. Abandon that line of reasoning and make your other contributions if you have. 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. Speaker, Sir. I have stood my ground on the need for parliamentary democracy and I wish to waste no words on commending the President’s Speech because it is just a talk-show. He does not want to tell us that which he intends to do and end up being seen to be doing what he has said he is going to do.

Thank you, Mr. Speaker, Sir. From the outset, I want to say that I support and I was impressed with the President’s Speech. In doing so, I want to agree with you totally that there is a demarcation point. There is a point that reaches where demonstrations stop and nuisance begins. There is a point that reaches where consultations stop and disorderly conduct begins. There is a point where reasonable behaviour in the eyes of reasonable people stops and anarchy begins. I believe and support the decisions that were made by both Speakers in that House and I consider that they had no choice in doing so. Mr. Speaker, Sir, the President spoke of the nationalist covenant among Kenyans and the values that our nation must adopt in order to move forward. I want to speak about the difference between the President’s intention and those who work for him and the work of the implementers who work with him. I congratulate the Government for the work they have done. It is important for us as we look forward, to appreciate something that has been done. If you appreciate something that has been done, even as a student, you can then begin to want to do the same thing. There is no question that the railway is being built. Anybody with eyes can see. You cannot debate a fact. The fact is that since 1902 to1908 when there was the Kenya- Uganda Railway, this is the first time in our nation’s history - for almost 100 years - that we are doing a new railway. That is something which is commendable. Very few African governments have been able to build even an inch of a railway. Mr. Speaker, Sir, there is no denying that there are roads being built in this country. In every county and sector of our nation, there is work going on. There is no denying that the energy sector is increasing our capacity to industrialize because when you commission a 640 megawatts of power project, you cannot deny that that has been done. I would have, therefore, expected the Opposition, rather than make sport of the Speech, to say that whereas we have increased our capacity by 600 megawatts, we would have expected to have increased this by 2,000 megawatts, which is oaky. Therefore, I agree with the President that as the people, we must appreciate. The old African saying - I am not saying this to put myself into all sorts of problems with gender issues, but in those days in the cultures that prevailed then, there was wife beating and those kinds of practices that do not exist anymore. In those days, it used to be that even if you were beating a spouse, you beat the spouse heading them to the house. You do not beat your spouse chasing her away from the house. Similarly, when we are criticizing the Government, it is necessary for us to appreciate certain issues. We are criticizing a government of the country in which we live. There is no other country we will live in if the situation was to become chaotic. Mr. Speaker, Sir, I agree with the President that we must re-evaluate our thinking and look at ourselves from within. I also agree with him that we must discipline our society. We have become an undisciplined society. No nation has ever developed 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

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to contribute to the President’s Address. I thank the President of the Republic of Kenya for fulfilling his constitutional mandate. The responsibility bestowed on him to address Parliament; specifically on the State of the Nation is an important constitutional provision in this country. With the new constitutional dispensation he does not sit in Parliament. Therefore, it is important that he has an opportunity to present a State of the Nation Address to Members of the National Assembly whose constitutional responsibility is to represent the people of this country. It is also important for us in the Senate who represent the counties to have an opportunity to interrogate, discuss, critique and appraise him. Therefore, I congratulate him for living to this expectation. Mr. Temporary Speaker, Sir, the drama that greeted the Presidential address was regrettable. It is unfortunate this afternoon some hon. Members in this House seemed to suggest that it is okay to flout every Standing Order that we believe in and do whatever we deem fit. We have Standing Orders which guide us in this House on how to express our dissatisfaction with regard to the issues that we think the President needs to address or he has failed to address in this country. We cannot allow a situation where we colour anarchy an attempt to disrupt a constitutional process in Parliament and try to mask it under something we call “parliamentary autonomy and freedom of expression”. Every right as provide for by the Constitution has limitations. Therefore, we must be people who believe in the rule of law. Sen. (Dr.) Khalwale who focused on this particular element this afternoon complained the other day of the kind of chaos that was visited on them in Kakamega Town. Therefore, if we were to stretch the imagination that one can still engage and voice dissatisfaction we should then have said that the characters who visited chaos on Sen. (Dr.) Khalwale and the Senate Minority Leader when he launched his presidential bid were right to do so. That cannot be the case Mr. Temporary Speaker, Sir, it is, therefore, important that we, as a country, should think through our Constitution and the legislation that we enact in this House. We should think through the Standing Orders and live by them because that is the only way we can have an orderly state. Mr. Temporary Speaker, Sir, we know the President addressed himself to a number of issues when he delivered his speech to us. Even if you want to disagree with the Jubilee Administration, it is important to appreciate what they have done. The fact that the SGR is being build is commendable. We can raise issue with the pace at which it is being done and say that it should also cover other regions, but we cannot just dismiss it. It is a fundamental infrastructural development taking place in this country. We are left wondering; if some of these individuals had the opportunity to run this country, what is it that they would deliver to the people of Kenya? If developing or reconstructing a railway line or expanding the generation of electricity of this country and provision of medical equipment to various hospitals in our counties does not make sense, then I am left wondering what it is that people will consider as a milestone in terms of development. I congratulate the President in a number of areas that he highlighted. I would like to focus on one particular element. The Senate has a responsibility to look into the affairs of the counties. Whereas we had challenges in the initial years; we had challenges with 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. Abdirahman, are you on a point of order?

On a point of order, Mr. Temporary Speaker, Sir. If I got Sen. Sang right, he is pleading with the Opposition. I am surprised when the Opposition struggles to get independent institutions that will work without any interference from any quarters---

(Sen. (Dr.) Machage): Order! What is not in order?

Mr. Temporary Speaker, Sir, is the hon. Senator in order to castigate the Opposition when in essence they are fighting for the same thing he is talking about? 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! Maybe it is not properly executed, but the hon. Senator is completely in order to plead with the Opposition to come to their aid. I see that nothing is out of order. That is his view. Proceed, Sen. Sang.

Mr. Temporary Speaker, Sir, unfortunately, the hon. Senator has just arrived and did not get where I was coming from. I said that the continued attacks on Government by the Opposition on the basis that it has not been forthright in fighting corruption---

(Sen. (Dr.) Machage): Order! Your time is up. I will give you one more minute.

Mr. Temporary Speaker, Sir, it is not true that the Government has not been committed in fighting corruption. In fact, they have supported the various independent institutions such as the EACC and the Judiciary. Any other attempt by the Jubilee Government to push that agenda beyond, would amount to interference. Therefore, I would like to inform the Opposition that, we, as Government, can only do as much. What is left is on this Parliament; the National Assembly and the Senate to push these institutions to account in terms of the fight against corruption. Mr. Temporary Speaker, Sir, with those few remarks, I beg to support.

Mr. Temporary Speaker, Sir, I thank you for allowing me to support the Presidential Address as issued and contained in the documents given to us. This was, and will remain one of the most important key addresses in the recent times and in future in Parliament. I was, particularly, thrilled by his Address. I was happy. Everybody else was happy, except those who decided not to listen. They never listened and should not even comment because they never heard and were not there to see the mood in the House. We are talking about our country. One day, we will not be there, maybe it will be talked about by the future generations after we have left. Our country has been independent for the last 50 years. Other countries have been independent for the last 240 years. In this case, I have in mind the United States of America (USA) which became independent on 4th July, 1776. They remember their year of independence and 4th July as the Independence Day. They are proud of that. They take stock of their achievements. Therefore, the Presidential Address was not a way of wasting time. It is done worldwide. Every country which is proud of its name has to recount its achievements and failures. The President’s key Address last Thursday was noted. It was very good. I support everything he said, 100 percent. Mr. Temporary Speaker, Sir, we were there during Independence. Some of the Members were not there, but they are here today. We could see the struggles that the people experienced before 1963. There were a lot of problems. When we got Independence in 1963, we started to solve our country’s problems because we were independent. The three presidents who have been there before may claim that they have had various achievements. The fourth President, Uhuru Kenyatta, who shall be the president until the people of Kenya decide otherwise, is the President of the people. He told us 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

Bw. Spika wa Muda, asante sana kwa kunipa nafasi hii ili kuunga mkono Hotuba ya Rais. Nachukua fursa hii kumpongeza Rais wetu kwa kusimama kidete ingawa alisumbuliwa na kulikuwa na changamoto ya sauti za firimbi ndani ya Bunge. Hata hivyo, alistahimili na kusoma Hotuba yake mpaka mwisho. Pia, nawashukuru Wabunge wa Mrengo wa Jubilee ambao walikuwa na nidhamu ya hali ya juu wakati Rais alikumbana na changamoto ya sauti ambayo hatukuelewa ilikuwa ya nini. Ajabu ni kuwa Wabunge walianza kupuliza firimbi bila kumpa Rais nafasi kutoa Hotuba yake. Hakuna njia nyingine Rais wetu anaweza kuongea na wananchi wake isipokuwa kufika katika Bunge la Taifa na kuhutubia Wabunge ambao walichaguliwa na wananchi wa Kenya. Hakuna njia nyingine isipokuwa hiyo. Nachukua nafasi hii kumpongeza sana Rais wetu. Amekuwa akiongea na watu wake ambao walimchagua kuwa Rais wa nchi hii. Amekuwa akiongea nao kwa njia ya Hotuba katika Bunge la Taifa. Bw. Spika wa Muda, ningependa pia kuchukua nafasi hii kuongea juu ya matumizi ya pesa katika serikali za kaunti. Matumizi ya pesa za kaunti yanatuhusu sisi viongozi. Pesa ambazo zinapelekwa katika serikali za kaunti ni kwa minajili ya mwananchi wa nchi hii. Kwa hivyo, itakuwa ni aibu sana wakati hesabu ya pesa ambazo Seneti imeidhinisha zitumwe kwa serikali za kaunti inatolewa na kupatikana kwamba hazikuwasaidia mwananchi kwa njia yoyote. Kwa hivyo, ni vyema ikiwa umechaguliwa kuwa kiongozi, jinsi magavana walivyochaguliwa katika kaunti zao, kuongoza na kuangalia jinsi rasilmali zetu zinavyotumika. Itakuwa aibu sana iwapo itapatikana kuwa pesa za wananchi zinatumika kwa njia isiyofaa. 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 take this opportunity first to congratulate His Excellency the President for performing his constitutional duty of delivering the State of the Nation Address for the third year and, particularly, for sticking to the constitutional requirements in terms of reporting on the progress and implementation of the national values and principles and also matters related to the security of this country. Mr. Temporary Speaker, Sir, it is very sad that we are discussing matters of values and principles and the President was supposed to speak about the same. However, even before he spoke, our colleagues in the Coalition for Reforms and Democracy (CORD) were totally in violation of those values. These values include; respect, public participation, good governance and democracy. It was an insult particularly to the people of Kenya to see Members blowing whistles like small kids in a manner that cannot be explained. It is worst that in the process of doing that, Members who blew the whistles were from only one county and largely from one community. We have been criticised, as the Jubilee Government, for corruption or bias in terms of appointments. However, even in sharing of a whistle alone and protesting, the CORD side could not marshal Members outside one community. To me, it was a terrible embarrassment. I said that in public without hiding. I tweeted that it was a complete disrespect to see Members of Parliament from one community embarrassing the rest of the nation by blowing whistles. I wish Sen. Moses Kajwang was here because he was the lone lost individual in the midst of Members of the National Assembly like hon. Wanga who are already known to have a reputation of that direction. It just happened a few days after I showered a lot of praises on him as being level-headed, only for him to prove me wrong within two days in terms of approach. This is something we must focus on. If Parliament is not the right place to come and debate, give policies and pass laws, then, those who are in Parliament and behave as though they are out there and those who demonstrate inside Parliament with whistles should make a decision to quit Parliament. What is the difference between them and people who voted for them? We were elected to oversight the national Government, debate over such reports and give alternative suggestions and policies but not to whistle. I salute the President for starting with recognition of our soldiers; men and women, who have sacrificed their lives, time, energy and everything to serve this country 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. G.G Kariuki, the Senator for Laikipia County who has just been celebrated as one of the founding fathers of our nation.

Thank you Mr. Temporary Speaker, Sir. I was fortunate to have listened to the Speech by the Deputy President which was followed by the President’s State of the Nation Address. What did the President want to tell us through his Address? He wanted to inform the country that this is the direction we have taken; and should you have a better direction, please advice. Here, we are bombarded by so many criticisms as if there was no such a statement. Such criticism is not well founded. 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, Sen. G.G Kariuki.

Mr. Temporary Speaker, Sir, it is wrong to blow my own trumpet, but it is important to state that I earned my degree; it was not just given. My name is Sen. (Dr.) G.G. Kariuki. It should be on record.

It is well noted. You are Sen. (Dr.) G.G Kariuki, Senator for Laikipia County and one of the founding fathers of this great nation. Congratulations!

Thank you, Mr. Temporary Speaker, Sir, for giving me this chance. I rise to contribute in support of the Speech made by His Excellency the President to the two Houses of Parliament. I want to address some of the issues that are worth noting, especially as a young legislator and someone who is still new in the House. There are some things that I observed on that day that bother me to this day. As political leaders, we should be careful in the way we carry ourselves and behave. We have supporters who draw their actions in society from what we do as leaders. The Presidential Address to Parliament is of great interest to all members of the society. Therefore, our behaviour as Members of Parliament during the Address greatly affects the country. I wish the Members of the Opposition were in the House as we make these contributions. We need to get to the point where we can disagree and still be civil with each other. That is something that cannot be gainsaid, especially having in mind what happened in the country in 2007 and 2008. People did not believe that they could disagree or protest and still be civil and obey the laws that are set. They did not understand that the person they were protesting against was not an enemy, but someone whose opinion was just contrary to theirs. Therefore, I was greatly saddened by the unfortunate events early into the Presidential Address. The form of protest that was chosen by some legislators did not please me. It sent out a wrong signal to the country, given that we are fully aware of the challenges that we face as we prepare to go into the general elections next year. As leaders, we should send out a good signal to our supporters through our actions. I want them to take a good example from my generation, and I like quoting this example so many times. In my generation, you will note that many young people in this country although drawn from different political aspirations and persuasions, sit together. They enjoy time together watching football matches. They debate many topical issues and they agree to disagree. However, they will never consider themselves as coming from different communities. In the past, we used to know certain socialization halls or bars were a preserve of people from a particular community who believed in one leader and so forth. This generation has moved away from that. It is our duty as leaders to also set a good example and know that we can disagree and still be civil with each other. 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 take this opportunity to support this Motion. First, every Kenyan will live to remember the day of this Address for the good things the President said his Government has done. It is very clear and self-explanatory. We can see and hear the much the Jubilee Government has done since it came to power. However, it is shameful that on that day, Members of Parliament (MPs) from one community and party blew whistles even before the President could start making his Address. As hon. Members, this is the last thing I expected. It shocked Kenyans. They did not expect hon. Members to go that route, especially, noting that every Kenyan was waiting to hear from the President who had a message to them. Mr. Temporary Speaker, Sir, much has been done by this Government. In the President’s Address, he said that for the last 50 years, the country has managed to construct 11,000 kilometres of tarmacked roads. Since the Jubilee Government came to power, it has ensured that 3,000 kilometres of road has been tarmacked. That is an average rate of 1,000 kilometres per year since the Jubilee Government came into power. I do not understand another better way to perform if anybody would criticize the Government for going that far. The construction of the Standard Gauge Railway (SGR) has been fast. In 2017, the SGR would have reached Nairobi. It will be operational. That is a big achievement. Since Independence, it is the first of its own kind. Moreover, we have witnessed construction of roads. I have talked about them and do not need to repeat myself, it has been fast. We expect the Government to continue constructing more roads. As we all know, there are other roads which are under construction, for instance, those in Marsabit County; Merile River to Moyale; in Taita Taveta County; Mwatate to Taveta; in Kilifi County; the Mariakani-Kaloleni-Kilifi Road; in Migori County; Kehancha-Suna-Masara Road.; in Kajiado County, the road from Isinya to Ngong and in Nairobi County, the road from South C to Kikuyu Town. This is a big achievement. For that matter, I would not rest my case without noting that even when the President was making his Address, which elaborated many achievements, some MPs continued whistling. I commend the FORD-(K) and Wiper parties for the maturity they demonstrated on the material day; noting that a Senator, who is the secretary general, was in the House. He demonstrated maturity despite the disturbance in the 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

There seems to be no other interest to contribute to this Motion. I now call upon the Mover to reply. In the absence of the Mover, I will put the question.

Next order!

Chair, you have one hour to move but you have 15 minutes before we adjourn the Senate. Kindly be advised accordingly. ADOPTION OF REPORT ON THE SECOND BASIS FOR EQUITABLE SHARING OF REVENUE AMONG COUNTY GOVERNMENTS

Mr. Temporary Speaker, Sir, I beg to move:- 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 the county governments laid on the Table of the House on Wednesday, 30th March, 2016. The Members of the Committee on Finance, Commerce and Budget had an opportunity as required under the Second Schedule of the Senate Standing Orders to look at the proposal based on the recommendations of the Commission of Revenue Allocation (CRA). They looked at the second generation basis of the revenue sharing formula amongst the county governments. Mr. Temporary Speaker, Sir, this is in accordance with the provisions of Article 217 of the Constitution which requires that once every year, the Senate by a resolution determines the basis for allocating amongst the counties the share of national revenue that is annually allocated to the county governments. Section 16 of the Sixth Schedule of the Constitution provides the preparation of the first and second revenue sharing formula which will be on a three year interval. It is significant to note that if this resolution is passed by this House, it will be the first one passed by the Senate. The current formula was passed by the National Assembly before the Senate came into being. Pursuant to the Standing Order No. 208, the Committee deliberated on the proposed formula and while reviewing the second basis of the formula, we held discussions with the CRA, Council of Governors, the National Treasury and the general public, among others. This is not the first one we are submitting here; we submitted another one last year but the Senate did not approve it. This time, we received useful input from the Members of the Senate and we are hopeful that this House will pass it because of the timeline. We have to pass it by tomorrow so that if the County Allocation of Revenue Bill is published next week, there would be a formula. Therefore, following the deliberations of the Committee and after extensive consultations with the Senators, the Committee recommends that this House approves 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

seconded.

Hon. Senators, it is now 6.30 p.m. It is time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Thursday, 14th April, 2016 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate