Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today Thursday, 14th April, 2016:- The Report of the Standing Committee on Finance, Commerce and Budget on the Division of Revenue Bill (National Assembly Bill No. 4 of 2016).

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today Thursday, 14th April, 2016:- REPORT OF THE EDUCATION COMMITTEE ON THE 19TH CONFERENCE OF COMMONWEALTH EDUCATION MINISTERS The Report of the Standing Committee on Education on the 19th Conference of Commonwealth Education Ministers held in Bahamas from 22nd to 26th June, 2015. REPORT OF THE EDUCATION COMMITTEE ON THE 38TH SESSION OF THE UNESCO GENERAL CONFERENCE The Report of the Standing Committee on Education on the 38th Session of the UNESCO General Conference in Paris, France held at UNESCO Headquarters from 3rd to 18th November, 2015. 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 Thursday, 14th April, 2016:- The Report of the Standing Committee on Roads and Transportation on the stakeholder’s forum held on 3rd February, 2016 at Safari Park Hotel, Nairobi.

Sen. Murungi!

Mr. Speaker, Sir, I would like to make the following Statement---

Order, Sen. Kiraitu! It is time for Papers. You have a Paper to lay first before you make your Statement.

Sorry, Mr. Speaker, Sir. It is Sen. Ndiema.

Sen. Ndiema, do you have a Paper to lay on climate change?

Mr. Speaker, Sir, I think it is not ready.

Mr. Speaker, Sir, I sincerely apologise.

So it is you?

Yes, Mr. Speaker, Sir.

Proceed. REPORT OF THE MEDIATION COMMITTEE ON THE CLIMATE CHANGE BILL (NATIONAL ASSEMBLY BILL NO. 1 OF 2014)

Mr. Speaker, Sir, on behalf of the Chairperson of the Mediation Committee, I beg to lay the following Paper on the Table of the Senate, today Thursday, 14th April, 2016:- The Report of the Mediation Committee on Climate Change Bill (National Assembly Bill No. 1 of 2014).

Mr. Speaker, Sir, I beg to give notice of the following Motion:- 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 give notice of the following Motion:- THAT, the Senate adopts the Report of the Mediation Committee on the Climate Change Bill, 2014 (National Assembly Bill No. 1 of 2014) laid on the Table of the Senate, today, Thursday, 14th April, 2016.

Mr. Speaker, Sir, I beg to give notice of the following Motions:- ADOPTION OF EDUCATION COMMITTEE REPORT ON THE 19TH CONFERENCE OF COMMONWEALTH EDUCATION MINISTERS THAT, the Senate adopts the Report of the Standing Committee on Education on the 19th conference of Commonwealth Education Ministers held in Bahamas from 22nd to 26th June, 2015, laid on the Table of the Senate, today Thursday, 14th April, 2016. ADOPTION OF EDUCATION COMMITTEE REPORT ON THE 38TH SESSION OF THE UNESCO GENERAL CONFERENCE THAT, the Senate adopts the Report of the Standing Committee on Education on the 38th Session of the UNESCO General Conference in Paris, France held at the UNESCO Headquarters from 3rd to 18th November, 2015, laid on the table on the Table of the House, today 14th April, 2016.

Next Order.

Mr. Speaker, Sir, I rise to renew a request for a Statement which I asked last Session. This is pursuant to Standing Order No.45(2)(b), to the chairperson of the Standing Committee on the National Security and Foreign Relations relating to the presence of the Kenyan military security forces in Somalia serving under AMISOM. 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, Sen. Haji!

Mr. Speaker, Sir, I wish to ask for two weeks to get the answer from the Cabinet Secretary for Defence. However, on the question of charcoal, I have also been accused because I was at one time the Minister for Defence. God is above me, that I did not know Kismayu. I do not even have a canteen, leave alone a shop, to do the charcoal business. Anyway, I will ask the Cabinet Secretary to give a full answer to this.

Let us have the answer in two weeks time. Chairperson, Standing Committee on Roads and Transportation, Sen Obure, give a response to the second Statement. OPERATIONS OF KENYA AIRWAYS

Mr. Speaker, Sir, I regret to report that despite efforts to obtain a response, we have not been fortunate to be furnished with any. But we are still pursuing the matter with the relevant Ministry.

Sen. Leshore, Sen. Obure says that he has no response for you, but he is still pursuing the relevant authorities.

Mr. Speaker, Sir, I would like to request that the Chairperson pursues this issue because Kenya Airways (KQ) is no longer the pride of Kenya or Africa. It is going down and they are selling planes and slots in Heathrow. Their pilots are also on a go-slow. The Chairman should request the authorities to give us the response soon.

Mr. Speaker, Sir, the sentiments expressed by the Senator for Samburu are shared by many Kenyans. We appreciate the importance of this matter and I can assure the Senator that we will do everything to make sure that we get an elaborate answer to his request.

Mr. Speaker, Sir, pursuant to Standing Order No. 45 2(a) of our 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 want to confirm that indeed Meru Level 5 Hospital is one of the senior hospitals, even before devolution. I want to join Sen. Murungi in condemning the Governor of Meru. What he is doing is actually a crime against not only the people of Meru, but even the surrounding counties that would stand to benefit from this equipment. It should not escape the people of this country that there is a lot of trade unionism within the ranks of the Council of Governors (CoGs). I believe that it is this trade unionism that is forcing my brother, Gov. Munya, who I have a lot of respect for, to refuse to accept the equipment. A section of governors felt that they should have procured that equipment directly. Therefore, he is doing it so as to please the rest of the governors, since he is their chairman. I want to appeal to Gov. Munya that when it comes to some things, one has to reach a stage where one retreats. The point has been made that governors would have preferred to procure, but since the Government has gone ahead and done the wrong thing anyway, let them accept the equipment, so that our people can benefit from it. Mr. Speaker, Sir, this is not just limited to Meru County. Even in Kakamega County we are yet to enjoy this equipment that we were looking forward to, to change the medical sector by way of accessibility to cheap and nearby equipment by renal, diabetic and cancer patients.

Mr. Speaker, Sir, the Statement by the Senator for Meru is shocking. It is not just about a governor, but the Governor for Meru is the Chairperson of the Council of Governors (CoG) in this country. Therefore, he occupies a very important office. Therefore, to imagine that today, children and women in that county can be denied essential and critical medical services because of the perceived fear, arrogance or both of the governor, is a shame and a disaster. Mr. Speaker, Sir, some of the actions by these governors, like declining to accept medical equipment which affects the life and health of patients are tantamount to abuse of office. There is nowhere in the world where a leader in public service and in charge of an institution can refuse to accept equipment, services or any other support from the national Government where you are part of one nation. There seems to be a perception by the governors that they are totally divorced from the national Government, yet, it is very clear in our Constitution that the governance units are interdependent. It is the national Government which finances them and, therefore, there is nothing wrong if the national Government funds them or gives them equipment and resources in the same way you accept those resources from donors, Non- Governmental Organisations (NGOs) and other third parties. It is a shame and we must not allow, as a nation, that level of impunity which will ultimately lead to collapse of essential services in our country. It is important that as we are going to celebrate the third anniversary of devolution – and it will be celebrated in no place other than Meru County itself, this is where the nation is heading in the next couple of days. It will be a shame for leaders across this country, from all levels of Government to go to Meru, yet the leader of the CoG 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. Speaker, Sir, thank you for giving me an opportunity to sympathise with the Senator for Meru, I am sure these sympathies will go to me as well. The Governor for Meru probably tried a bit and even signed for the equipment but the governor of my county, Bomet, who was the first chair of all the governors in the country, brought these bad manners of not serving the people in that capacity, by not signing the documents at all. It is only after enormous pressure from the people that he allowed the County Executive Committee Member (CEC) for Health to allow the use of rooms which were available for this equipment. Against all odds, the public made sure that the equipment was installed against the wishes of the governor. The governor, like all the other governors, has no remorse at all. Even after the equipment had been installed, several residents of the county are still dying, but the governors are not reevaluating their concern for the citizenry despite the enormous loss of human life. This is one of the greatest omissions in terms of performing work that should be considered as criminal. Action should be taken against abuse of office that costs the lives of wananchi. It is time we call upon the bulldog which is sitting at Upper Hill, the Ethics and Anti-Corruption Commission (EACC). They are supposed to look into some of these things. It is about time that they woke up and dealt with this for the benefit of the Kenyan citizens. I sympathise with what the governors are doing. It is costing lives and I hope that something will be done to save lives.

Mr. Speaker, Sir, I join my colleagues in condemning this situation in Meru. What the governor for Meru is doing is a crime. Women and children are suffering because of lack of equipment. The governor is doing this because of his personal interest; nothing else. He should be held accountable for this heinous crime. For some of us who come from Isiolo and part of upper Eastern region, we consider Meru to be where we can go to, whenever we have challenges in accessing some of those facilities. The constitutional provision is very clear in terms of the right to health care in this country. As leaders we should not accept such a situation to happen in our country. We should hold the governors accountable, especially the governor for Meru, for this action. This is very serious. We should come out and condemn it. The money he is refusing to pay is not his money. I do not know where he will get money to buy his own equipment. He is not taking that equipment to his own house. We have to condemn 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

Mr. Speaker, Sir, the Statement by the Senator for Meru is shocking. The action by the governor is denying access to medical facilities in respect of those in need of them. This Senate had been petitioned by governors through a memorandum to the effect that they had not been consulted regarding the leasing of this equipment by the national Government. About ten days ago, we met the Cabinet Secretary responsible for matters relating to Health in this Chamber. We interrogated him on issues relating to procurement of the equipment. He demonstrated to us that there were meetings with governors and county health executives discussing the procurement process. In fact, he showed us agreements signed by 46 of the 47 governors signaling the acceptance to installation of the equipment in their various health facilities. I want to appeal to the Governor of Meru, purely on humanitarian grounds, that he facilitates the installation of the equipment at Meru hospital. This will ease the burden of

particularly those in need of these services.

Mr. Speaker, Sir, it is important to note that some of the governors are trying to ride on very dangerous roads and this is one of them in the name of Governor Munya. He happens to be the Governor of Meru County which is among the Mt. Kenya region counties. Therefore, if something happens in Meru, it affects the entire region. When it comes to hospitals and health facilities, it is not to be used by one county only. It is a facility to be enjoyed by people living along the road leading to Isiolo and people living in Mt. Kenya region and other far flung areas. Therefore, if one person solely decides that it will not happen on behalf of about one or two million people, then there is something wrong. I sympathize with my friend, Sen. Murungi and other counties which have the same problems but are suffering silently. We need to probe and find out whether the same thing is happening in other counties so that the counties suffering like Meru County can be assisted. The governor has no right to deny them the privilege to enjoy those machines. Kirinyaga County, for instance, was given two machines but the governor decided to give one to a hospital near his home instead of considering a hospital called Kimbimbi which is along a very busy road. He instead gave it to Kianyaga where he comes from. We need to decide whether the governors should be left alone to decide what happens in the counties without considering public opinion. Our people are suffering at the expense of the governors. Therefore, something should be done urgently.

Asante sana Bw. Spika kwa kunipa fursa hii ili niweze kuchangia arifa hii. Gavana wa Meru ni mtu asiyezingatia mahitaji ya watu wake. Pia kwamba mashine zinazozungumziwa hazihitajiki na watu wa Meru. Ama Gavana huyo anaamini kuwa watu wa Kaunti ya Meru hawana magonjwa yatakayotibiwa na mashine hizo. Hafai kukataa mashine hizo ilhali watu wa Kaunti ya Meru wanaendelea kudhiirika na magonjwa. Maafisa wa Wizara ya Afya pia wanafaa kushawishiwa kwamba wanaponunua mashine zozote, wanafaa kuangalia mahitaji mbalimbali ya kila kaunti kwani sio kaunti zote zinahitaji mashine za kutibu ugonjwa wa saratani. Kaunti mbalimbali zina mahitaji tofauti. Inawezekana Gavana Munya aliona kwamba mashine hizo hazitawafaidi watu wa Meru. Hata hivyo angekuwa na utu angekubali mashine zile ziwekwe katika hospitali za 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 stand here not to condemn Governor Munya. The issue of hospital equipment must be looked at within the context of Article 6(2) and the Fourth Schedule of the Constitution which states that health is a devolved function. The national Government is responsible for referral hospitals which are only five in number, including Mathare Mental Hospital. The rest of the hospitals are devolved. The national Government is responsible for Moi Teaching and Referral Hospital, Kenyatta National Hospital (KNH), Mbagathi Hospital, Mathare Mental Hospital and Port Reitz Hospital. Sen. Murungi who is condemning Governor Munya should know that Article 6(2) states that:- “The governments at the national and county levels are distinct and inter- dependent and shall conduct their mutual relations on the basis of consultation and cooperation.” Where there is consultation and cooperation, there is absolutely no harm in national and county governments working together. However, with regard to the issue of hospital equipment, there was no consultation and cooperation. I have taken the liberty in my capacity as a leader in this House and a leader out there in my own right to speak to several governors. There was no consultation between the national and county governments prior to the procurement of the equipment. The national Government simply and arrogantly procured them and forced the county governments to take them, regardless of their wish. If devolution has to work, the national Government must respect the territory of the county governments. Mr. Speaker, Sir, secondly, if devolution has to work, then governors like Gov. Munya and Gov. Rutto must be respected for what they stand for. In this and last year’s budget, there is a figure of Kshs4.5 billion towards the payment of this equipment and no county was left out. Meru and Bomet counties are both included. The reason that the national Government rushed to acquire these equipment is as clear as daylight. I have information that in the procurement of those machines, there was a hemorrhage of Kshs11 billion that was creamed off by those who facilitated the procurement. That is why there was a mad rush regardless of what the county governments think or what Article 6(2) says. They decided to buy equipment for the county governments and force it on them. Who does not know---

On a point of order, Mr. Speaker, Sir. My statement was meant to put some pressure on the governor for this equipment which has already been purchased to be brought to Meru Level 5 Hospital. The equipment is already in hospitals in Bungoma County where the Senate Minority Leader comes from. Therefore, why is he supporting Governor Munya for refusing to bring the equipment to Meru Level 5 Hospital?

Mr. Speaker, Sir, the distinguished Senator for Meru County is trying to preempt my argument. Now that we are wiser after the event which is a very dangerous thing in life, we advise the principled and admirable Governor Munya to accept the equipment. However, if we are to defend 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, Sen. Wetangula. Proceed, Sen. Kembi-Gitura.

Mr. Speaker, Sir, I listened to the statement by Sen. Murungi. All of us should take it very seriously. I am shocked by the statement by the Senate Minority Leader. This is not a small issue that can be thrown around by blaming Jubilee or any other person. Sen. Murungi has stood up for his county. He has said that the people of Meru are suffering because of a governor who has a big ego who has refused to accept this equipment. What shocks me about Sen. Wetangula’s submission is that, despite all he has said, I have never heard him condemn his governor for accepting the equipment. In the first instance, I would have expected him to stand out at his place and condemn his governor for accepting the equipment regardless of everything else. 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. Wetangula?

On a point of order, Mr. Speaker, Sir. Is the distinguished Senator f or Murang’a who is in constant conflict with his governor right in saying what he has said yet I was on national television touring Bungoma District Hospital inspecting that equipment? I found that, in fact, it was substandard. It was new looking but not working. I condemned the governor for accepting the national Government to arm-twist him to receive equipment which up to today, does not work.

Mr. Speaker, Sir, I am sure you will allow me to ignore that. This situation is caused by the ego of a governor who does not appreciate what this kind of equipment means because, maybe, he can afford to come to Nairobi, Aga Khan or MP Shah hospitals but he may not appreciate what it means to the ordinary person out there in Meru, who has to spend money to come to Nairobi for dialysis. He or she spends money on matatu fare, accommodation and the days he spends in hospital. This money would have been more prudently used in Meru and saved. This is how we create wealth. However, when you stand here and argue that governor is doing the right thing, it goes against the very principles that we swore to defend under the Constitution. We said that it is our duty to oversee and protect the interests of counties and county governments. Sen. Murungi is protecting not just the interests of his people of Meru but also the interest of the County Government of Meru which is failing in appreciation of the importance of that symbiotic relationship between it and the national Government. As one Senator said, when the Cabinet Secretary for Health came, we understood that this issue was agreed upon between the national Government and the county governments as the best thing that would have been done to expand health facilities, and, therefore, help our people in accessing health much closer to where they come from, and, therefore, help them create wealth by not spending money going to India or coming to Nairobi. The fact that you or I can afford to go to some of these hospitals in Nairobi, we must understand that, that privilege does not spread to the ordinary Kenyans in Meru, Murang’a, Bungoma, Busia and all other parts of the country. Therefore, Sen. Murungi is right in demanding answers and insisting that this progress cannot be stopped at the behest of one person whose interest can only be personal, not for the benefit of the people of Meru.

Let us have the last two contributions; Sen. Hargura and then finally Sen. (Prof.) Kindiki.

Mr. Speaker, Sir, I also sympathize with the sentiments of Sen. Murungi; more so because that is the nearest Level Five Hospital to my county where most of the patients from my county are normally referred to. Therefore, the idea that it is a county function to procure this equipment does not hold any water at this level because they have been procured. It is very clear that they are required throughout this country. If the governors knew that it was their responsibility, this is the third year since we started allocating them money. Why did they not procure that equipment? Why did it take them three years until the national Government realised that these equipment has to be procured centrally? 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

Proceed, Sen. (Prof.) Kindiki. You can follow up your contribution with the statement on the business of the Senate for the coming week.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, hon. Senators, the Business of next week, commencing Tuesday, 19th April, 2016 is as follows:- On Tuesday, the Rules and Business Committee (RBC) will meet at 12.00 noon to schedule the business of the House for the week. Part of the business that will be discussed next week includes:- (1) The Report of the Mediation Committee on the Statute Law (Miscellaneous Amendments) (No.2) Bill (National Assembly Bill No.33 of 2014). (2) The Division of Revenue Bill (National Assembly Bill No. 4 of 2016); Second Reading. (3) The Universities Amendment Bill (Senate Bill No.23 of 2014); Committee of the Whole. (4) The County Assemblies Services Bill (Senate Bill No.27 of 2014); Committee of the Whole. (5) The County Hall of Fame Bill (Senate Bill No.33 of 2014); Committee of the Whole. (6) The County Government Disaster Management Bill (Senate Bill No. 40 of 2014); Committee of the Whole. (7) The County Governments (Amendment) Bill (Senate Bill No.18 of 2014); Second Reading. Mr. Deputy Speaker, Sir, on Wednesday, the House will continue with the Business that will not be concluded on Tuesday and any other business that may be scheduled by the Rules and Business Committee (RBC). On Thursday, 21st April, 2016, the Senate will consider Bills at Second Reading, deliberate on Motions and any other business as may be scheduled by the RBC. May I make two other comments: There are two legislative agenda whose deadline is today. I request my colleagues to stay in for a while so that we discharge that important national obligation. The first one is the Report relating to the second generation 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. Deputy Speaker, Sir. I have listened to the Statement. Given the fact that next week there will be many Bills scheduled for Committee Stage, and taking into account that quite a number of these Bills will require the requisite majority to be enacted, has consideration been given to the decision at the

today to the effect that Members are encouraged to attend the Devolution Conference in Meru? We have been encouraged to attend the conference. I understand that the conference will commence on Tuesday until the end of the week. Can we realistically have Bills next week at Committee Stage?

(Sen. Prof.) Kindiki): Mr. Deputy Speaker, Sir, I thank my senior for that reminder. I am aware that today’s Kamukunji decided that this House, in principle, should participate. It is the reserve of the Chair to communicate it. It is not my reserve. What I am not aware of is whether next week the Senate has been adjourned. I am not sure, but since it has not been adjourned, the House must have business. Lastly, the reason why I brought up the Bills that are in Committee Stage next week was to commend Senators for their previous work during the Second Reading. It was not to ask them to come and vote. I know the quorum may be a challenge because if a decision has been made to travel to Meru, many Senators may travel. This is, therefore, the more reason, why today, we should dispense with the revenue sharing formula Motion as well as the Division of Revenue Bill.

On a point of order, Mr. Deputy Speaker, Sir. I thank the Senate Majority Leader for urging the House to be present during the two critical Bills that are time bound. However, I appeal to the Senate Majority Leader and the Senate Deputy Majority Leader that we miss them in the House. They should be present so that they continue leading us. It is paradoxical for the Senate Majority Leader to appeal to us to be in the House and then watch the proceedings through remote control.

I think the message is clear. 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. Deputy Speaker, Sir, I am seeking a clarification from the Chair. If one sends a written statement required of a committee chair or a Cabinet Secretary to the Speaker’s office to be scheduled on the Order Paper and you do not hear about them, what is the recourse?

The simple answer to it is that, that is administrative. The Senator must follow it up with the Speaker’s office to be told why it has not been signed or approved. The procedure is one of approval, then signing by the Speaker before coming to the Floor of the House. Sen. (Prof.) Anyang’-Nyong’o, you are a senior Member of Parliament. Therefore, you understand that it is administrative and I cannot deal with it in the House.

Mr. Deputy Speaker, Sir, precisely; it is administrative. The administrative machinery should function without being prompted by Senators. Sometimes one feels indulged in unnecessary work when there are officers tasked to carry out such work. I urge the Speaker’s and the Clerk’s offices not to wait for us to follow up on our statement requests as if it is a favour being done to Senators.

Do you have any specific one in mind that I can look at?

Mr. Deputy Speaker, Sir, about two weeks ago, I sent requests on three Statements which I have copies in my office. Since then, I have not received any response to them.

Okay. I will see what can be done.

On a point of order, Mr. Deputy Speaker, Sir. I refer to what the Senate Majority Leader said relating to the next week’s order of Business and what we must do to complete the Business which has timelines. In the next Business, we will be discussing the second basis for the equitable revenue sharing formula. However, I have just received the documents while seated here. They were not available before. The documents contain information on the second basis for equitable sharing of revenue as well as the Division of Revenue Bill. I have just received both copies. Mr. Deputy Speaker, Sir, my county will be adversely affected somewhat. That is the reason why I wanted to study them in greater detail so that I have some understanding before making meaningful contribution in the House. What should I do in the circumstances? I have not read the basis of the decision I am being requested to make.

The Notice of Motion was given and it is now at the debate stage. I am not capable of stopping the debate from going on. Therefore, my request to you is that you make the very best of what you have, so that you can represent your people in the Senate to the best of your ability. That is what I can say from where I am sitting, and I believe that goes across the board.

Mr. Deputy Speaker, Sir, I appreciate the advice. However, is it not possible for us to get copies of, for example, the Division of Revenue Bill earlier, since it was tabled in this House?

Senator, you know that once the Bill is out there, it is possible to procure a copy, most likely through the Clerk’s office or 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

Hon. Senators, this is a resumed debate. The Senate Majority Leader.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, thank you for giving me a chance to contribute to this important Motion. I will make very brief remarks---

On a point of order, Mr. Deputy Speaker, Sir. The Senate Majority Leader is making a very important contribution, but the consultations on my left are so loud that we can hardly hear what he is saying.

Has Sen. Omar got something to do 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.) Kindiki): Thank you, Mr. Deputy Speaker, Sir, for giving me the privilege to contribute to this very important Motion. I will make very brief remarks for two reasons. First, we are pressed for time and, secondly, we have had occasion to comment on this issue before. I would not want to repeat myself. First and foremost, I commend the Standing Committee on Finance, Commerce and Budget for considering the recommendations of the Commission on Revenue Allocation (CRA), which is the constitutional body charged with making recommendations to this House on how money allocated to counties will be shared horizontally among the counties. I have noted that the major change in the revised formula is the one per cent increase on the equitable share of revenue. Other than that, there is one per cent that the CRA has allocated to the development index, which means that the less the county is developed in terms of services and infrastructure, the more it gets in terms of affirmative action or correctional measures, to make sure that it catches up with the rest of the counties in our country. That is the major change that I have seen. Other than that, all the other factors basically remain the same, including the size, population and fiscal discipline of the country. Mr. Deputy Speaker, Sir, I consider this to be one of the most important exercises that this House does every year. So far the formula that has been used has been fairly equitable. This will go a long way in reducing the gap between highly developed counties and less developed counties. With the new parameter of development index, which is at one per cent of the revenue, the gap between the rich and poor counties will reduce even further. I have also noted that over the years the amount available to less populated counties and historically marginalized counties, like Tharaka-Nithi County, has gone up, and that is commendable. In future I would like to see a greater percentage being attached to the level of development in each of our counties. This is because devolution serves one major purpose, which is to equalize our country and make sure that we exorcise the ghosts of Sessional Paper No.10 of 1965. The problems that Kenya is facing today – I dare to argue – are associated with the thrust of Sessional Paper No.10 of 1965, which simply said: “Concentrate on the agriculturally productive parts of Kenya, ignore the rest of arid and semi-arid areas and Kenya will be a great country.” As a result, most of our infrastructure and developmental institutions have concentrated on a small part of our country, which is actually less than a third of the country, leaving two-thirds of our nation unattended. This has led to serious tensions in our country, with some parts feeling as if they are not part of Kenya. This is what devolution has come to address. This is what this formula is enhancing in terms of reducing the gaps of inequity that centralized administration and governance structure cannot address. For the first time we are seeing counties that never had bitumen roads building some. We are also seeing counties that never had certain health and water facilities establishing those services. So, this formula is not just a mathematical phenomenon; it is an expression of the paradigm shift that we have achieved under the Constitution (2010), 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. Deputy Speaker, Sir, I support this Motion and congratulate the Senate Majority Leader for what he has just said a few minutes ago. I support this Motion because it will be a milestone in the legislative agenda of the 11th Parliament through this Senate; that we now give this country a well thought out formula based on the benefit of hindsight given that the formula that we have been using, was actually approved by the National Assembly. I sat in that Assembly and I recall very well that we did not pay too much attention to that formula. So, it was going to be grossly wrong if we ended our tenure as the 11th Parliament either by continuing with that same formula or completely failing to give our own thinking to this very important issue. I, therefore, laud this Senate especially the Chairperson and the Vice-Chairperson of the Committee on Finance Commerce and Budget. It has been a very protracted exercise and he has exercised a lot of patience. It has been very difficult to bring all Senators on board. I congratulate the Chairman of the Commission on Revenue Allocation (CRA), Mr. Micah Cheserem. He has truly been tested and he is a good, patient man. Congratulations! When you look at this formula that we have decided that we make a decision on adoption, the parameters that were there in the last formula were five; namely; population, basic equal share, poverty, land area and fiscal responsibility. It is good to note that because of the benefit of hindsight, we have now introduced a sixth parameter and that is the development factor. It is very important that we explain to Kenyans why we have found it necessary to introduce the development factor. Kenyans must know that this factor gives in this formula an opportunity to address, through consideration, of access to water, electricity and roads and capture existing economic disparities and development needs of the counties of the Republic of Kenya. This factor directly complements the poverty factor parameter so as to ensure that counties with the greatest development needs, get additional resources to bring services to the level enjoyed in other counties in accordance with Article 203(f) and(g) of the Constitution. Mr. Deputy Speaker, Sir, looking at the formula vis-à-vis the old formula, I laud the Committee for ensuring that emphasis remains on population. I also congratulate the Senators who come from sparsely populated counties for supporting this. Just like in the 10th Parliament, also in this Senate, it was very difficult to accommodate those Senators who thought they represented vast counties like Marsabit.They felt they were not being listened to. I must congratulate them. 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. Deputy Speaker, Sir. I have just heard the Senator for Kakamega say that - I totally share his sentiments about certain things he has said - this Senate failed to remove the Governor of Embu County when actually this Senate voted twice and removed the Governor who was subsequently reinstated by the court? In fact, Sen. (Dr.) Khalwale was the Chairman of that whole event. Not only did we vote once but twice and removed the Governor. In fact, the Governor is in office courtesy of the Judiciary. Is the Senator in order to propose that this House has failed to execute its 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. Deputy Speaker, Sir. If the distinguished Senator from Nyeri had just been a little bit patient, I was building my argument. I was leading to that point that this Senate failed the people of Embu County by failing to put up a robust defense of our decision; both in the High Court and the Court of Appeal or wherever it is. We needed to hire the best legal brains so that we do not fail the people of Embu County. Secondly, we failed the people of Embu County because I have not heard of---

Sen. (Dr.) Khalwale, I think the point Sen. Kagwe is making is that we did what we had to do as Senate. I think that is the point he is making. That is the only issue you need to deal with; that we did what we had to do and finished but another institution did what it did.

On a point of order Mr. Deputy Speaker, Sir. I have heard the Senator for Kakamega saying that the legal staff of the Senate of the Republic of Kenya are inferior to other lawyers in this country. Is he in order to mislead the country that Parliament does not have enough capacity to have robust legal advice?

Mr. Deputy Speaker, Sir, before I deal with that point of order, I was concluding by saying, that I expected the Senate would again appeal that decision of attempting to reinstate Governor Martin Wambora so that it is not only deliberated upon by the Court of Appeal but also even if we were to lose, we go all the way to the Supreme Court. If that has not been done, I urge that the process be pursued until it is clear to this country that the Senate is still convinced that Governor Wambora was not fit to serve as a governor for five years. Mr. Deputy Speaker, Sir, dealing with the point of order by Sen. Okong’o; you will forgive me because those are your own words. I imputed nothing against local lawyers---

Order! Address the Speaker.

Thank you Mr. Deputy Speaker, Sir. Those are the Senator’s own words because I never imputed any improper motive against the local lawyers, considering that my own Deputy Speaker is a lawyer of high standing and high regard; not to mention the fact that my daughter and son are able lawyers of the High Court of Kenya. I believe in local lawyers.

Order! Let us deal with the issue, Sen. (Dr.) Khalwale.

Mr. Deputy Speaker, Sir, I regret that this Senate let down the people of Murang’a County.

How Governor Mwangi Wa Iria was acquitted, let it remain forever that we let down the people of Murang’a County. Fighting corruption is not an easy thing. Whatever the reasons---

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On a point of order Mr. Deputy Speaker, Sir. I totally support what the Senator for Kakamega County is saying. Could he also add that this Senate continued to let down the people of Machakos County along the same vein?

Mr. Deputy Speaker, Sir, I want to thank the Senator for that piece of information. There are many others including Kakamega County where the governor has almost succeeded in defying the Senate. He is yet to appear before us but he is hiding in court. To use Sen. Okongo’s words, he is busy swallowing pain killers when the ailment is still with him. We are going to catch up with him now, tomorrow or later. Mr. Deputy Speaker, Sir, my last point is on the issue of insecurity. As the Senate, we must address this dangerous threat. We must now say never should the function of security be devolved. What we saw in Kericho by-election---. Mr. Deputy Speaker, Sir, give me two minutes because points of order swallowed my time, if you do not mind.

Okay, I grant you two minutes Sen. (Dr.) Khalwale.

Thank you Mr. Deputy Speaker, Sir. What the country witnessed during the by-election of Kericho should be a wakeup call. How could a governor lock out the Deputy President of Kenya from entering a venue in Kericho which he had secured? If we do not address this, then during the next general election, we are going to be locked out of our venues---

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

On a point of order Mr. Deputy Speaker, Sir. Is Sen. (Dr.) Khalwale in order to mislead this House and the nation that the Deputy President was locked out of a venue that had been booked? That venue had been booked by the Kenya African National Union (KANU) and the venue that he was coming to was a different one. So, he needs to get his facts right and clear.

Order! You have made your point so let him answer.

Mr. Deputy Speaker, Sir, I never mentioned the word KANU. No wonder we have the English saying; the guilty are afraid. So, you are the ones who participated in locking out the Deputy President from the Kericho rally. I say this with all due respect not just to Sen. (Prof.) Lonyangapuo but also to those who have proposed that Kenya should pull out of the International Criminal Court (ICC). We want to remain in the ICC as a State so that governors who might want to visit violence on their opponents should face the likelihood of ending up in the ICC because using the billions they have stolen, they can buy their innocence or justice in the local courts. Mr. Deputy Speaker, Sir, as Sen. (Prof.) Lonyangapuo defends this injustice, he should know that he is doing so because the shoe is on the right foot. But change has got only one constant thing. That change must change, you cannot stop change. So, the shoe 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. Deputy Speaker, Sir, did you see Sen. (Dr.) Khalwale pointing his finger at me almost all the time as he was finishing his contribution? I do not know what his hand has to do with me.

Sen. (Prof.) Lonyangapuo, the only problem is that what he did is not on the HANSARD. I was not looking. Therefore, if you ask me whether I saw, I must confess I did not because I was not looking on that side.

Thank you, Mr. Deputy Speaker, Sir. I support the Motion.

Sen. (Dr.) Khalwale, I am not condoning your action. I am just making a point that I did not see what you did.

Order, Sen. Hassan! Proceed, Sen. (Prof.) Lesan.

Mr. Deputy Speaker, Sir, I also rise to support this Report. I thank the Committee that has worked on this Report and given us its views that we are looking at in this debate. I also thank the Commission on Revenue Allocation (CRA) for the work they are doing. They have given us material to use for debate. Although the formula we have had for the last three years has been inadequate in some way, it has served this country well. For the last three years when we have had three financial reports, there has been no conflict between counties. The resources may not be adequate; however, there has been no conflict. This is an indication that the formula we have used over the years has been very useful and adequate. There has been little change in the Development Index. This is welcome. This is an area we can address to align some of the minor difficulties that we have in terms of sharing revenue. This country has various terrains. These terrains and geographical features have an impact on the functions that are undertaken in these areas. For instance, there is a whole lot of difference between construction of roads in different terrains in this country. Such a feature should be captured by the formula we use to differentiate the terrains and the distribution of resources. The Development Index is one of those criteria that we continue to look at. This is an area that we can still develop. We can look at more factors that affect the development of the index itself. That way, we can make it more sensitive than it is at the moment. There is the issue of the formula used in the distribution. Article 61 of the Constitution simply states that Kenya is divided into counties. In the First Schedule of this Constitution, there is an enumeration of the counties of this country. There is no mention or specification of the various areas of this country. The Senators for Lamu, Mombasa and Kwale should pay attention to this. Their population uses extra-territorial waters. In the schedule we have here, the size of the area of the land that borders the sea 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. Hargura!

Mr. Deputy Speaker, Sir, I support this Motion that requires us to adopt the new CRA formula. Initially, the one we were using was done by the National Assembly. We have used it well. Last year we had a proposal from CRA which was not approved by the Senate. This is a better one in the sense that much as population is still the major consideration, but the basic equal share has been improved. This gives improved funding in terms of the counties which are disadvantaged by population. We now have a formula which is approved by Senate unlike the other one. It will be used for the next three years. The effect it has on redistribution is not much. However, counties from marginalised areas which are disadvantaged by population have a bit of advantage in terms of basic equal share. I thank the CRA for the hard work they have done in research. They have compared this kind of revenue sharing from various jurisdictions. They have also taken their time to discuss this with the Senate committees after the last formula until they have come to a compromise. It is a bit different from the last one. It addresses the situation better than the proposal which was given in February last year. I would like to comment on the issue of how these funds are being spent in the counties after we have done the allocation from the Senate. We are experiencing a lot misapplication and loss of these funds. We cannot see any change. Some counties have received close to Kshs30 billion for the last three years. There is nothing much to show for it on the ground. That shows there is a problem somewhere on the ground. That is a matter of corruption. In some of these counties, when it comes to procurement, they are doing badly. We have very clear procurement laws in this country which have been developed and used for the last 50 years. However, what is going on is that the whole procedure right for the planning stage is not being adhered to. Public participation is not there. It is the governor’s office which comes up with this budget. They will just go round for the sake of it and come up with some priorities which they claim are public priorities. The worst is when the procurement is being done. At best, they will advertise the work. However, once the advertising is done and tenders are opened, then certain companies are contracted. From the opening register, one can see how the bidders fare. After that, one can see some people going round doing ‘tender peddling’. Somebody will be trying to look for people to give a certain job. The main consideration is either you are the governor’s supporter or you are being lured to support the governor through that 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. Deputy Speaker, Sir, I rise to support the Motion. I want to start by thanking the Committee led by our able Chairman for this new formula. It was a long journey that started at the beginning of last year. We had several consultative meetings, which finally resulted in giving us this formula. Allow me also to thank Members of the Committee for working tirelessly to make sure that we come up with this formula. I also want to thank the Commission on Revenue Allocation (CRA) and the public in general. During the public participation in a number of forums, a number of 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. Deputy Speaker, Sir, for this opportunity to contribute to this Motion. From the outset, I support the formula that has been put forward in this report. This formula has been discussed extensively. I recall that we had a chance to discuss the said formula and we were all in agreement. We have in the past advocated for population to play a major role in allocating funds to the counties. It has now been proposed that we allocate 45 per cent on population basis. I think that is fair and it will go a long way in ensuring that where there is a bigger population; people get more money because they need services. Therefore, 45 per cent as recommended sounds and appears to be fair and it should be supported. The issue of poverty in this country has continued to make our people poorer. Since Independence, 53 years ago, I do not think that we can stand up and say that we have reduced poverty in this county. If anything, we have continued to see people become poorer. Therefore, it means that our efforts and that of our representatives in regard to reducing poverty have not been successful. This was identified by our founding fathers as one of the enemies of this county, in addition to disease and ignorance. Therefore, poverty in my view and in this context, ought to have been given a bigger 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. Deputy Speaker, Sir, we are dealing with a very emotive agenda. It involves allocation of money which has been earned by the same people who are supposed to share it. In this case, we are dealing with a very sensitive subject. We should satisfy every category of people in our country. Therefore, in this case, it is important to note that; when we talk of 100 per cent as indicated in this Commission on Revenue Allocation (CRA) formula, we should know what it is in figures. Therefore, if we are told that it is 100 per cent, we should know if it is 100 per cent of Kshs1 billion, Kshs1 trillion, Kshs2 trillion and so on. when we talk of 45 per cent of that money going to the county to be shared against the population index, we should believe that is a very serious figure; because 45 per cent out of 100 per cent and the 100 is known to be a figurative amount so that amount is converted to the actual amount of money to be shared 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. Deputy Speaker, Sir. The Senator for Kirinyaga County has talked about contribution of Kirinyaga County to the Gross Domestic Product (GDP) at 70 per cent. Can he clarify what he means by 70 per cent?

Is it 70 per cent of the GDP Sen. Karaba?

Mr. Deputy Speaker, Sir, no. I am sorry about that. I meant that 70 per cent of the revenue from Kirinyaga County comes from hardworking people and part of it is the one which is contributed to the national revenue. I am sorry for that mix up.

It is not clear still. It is 70 per cent of what?

Mr. Deputy Speaker, Sir, in Kirinyaga County, 70 per cent of her land is arable. It is suitable for farming. Some of the produce from here is sold to earn foreign exchange. The foreign exchange is partly retained in the county and the rest is released to the national kitty. That is why I am saying 70 per cent of whatever is earned in Kirinyaga County will be contributed to the national kitty. There are many other counties which produce cash crops.

Kindly go on. It is a matter of argument.

Mr. Deputy Speaker, Sir, there are some counties - even if I missed the figures - which work hard to produce. The 2 per cent should be spread to the citizens of the respective counties and not the governors.

Sen. (Dr.) Khalwale, what is your point of order?

Mr. Deputy Speaker, Sir, the Senator for Kirinyaga County is suggesting that some counties have citizens who work hard. By extension, he means that there are other counties where people do not work hard. Can he substantiate which counties are these whose people do not work hard?

Mr. Deputy Speaker, Sir, I do not need to substantiate that because it is indicated by the figures.

I think it is a point of argument. The Senator is expressing his view. In which case, he may be wrong or right. Therefore, you do not have to accept it.

Mr. Deputy Speaker, Sir, you have to balance--- 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! I have given my ruling. Kindly continue with your argument.

Mr. Deputy Speaker, Sir, those counties which cannot produce enough on cash crop and subsistence farming should be encouraged to grow more by providing monies for development. The Mwea rice in Kirinyaga whose pishori rice is the best brand of rice in Kenya cannot be sold in the local market because of the invasion of the foreign rice. Why is the Government not encouraging farmers to grow more so that they can take care of the domestic markets in Kenya? Secondly, we have coffee farmers not only in Kirinyaga but also in other areas that need to be supported by putting up all weather roads. Some of the tea growing areas have poor roads between the tea growing areas and the factories. The counties known to produce and contribute a lot to the national revenue should be encouraged to continue producing more for the foreign markets. For those counties which cannot do other agricultural activities in order to earn that money, let them be encouraged by maximizing and trying to produce more of what they have. That is the opportunity cost of whatever else they are doing. If it is the rearing of animals, let there be a fund to increase the production. We should not have a figure which will reduce the efforts of the people to grow, produce, transport and even sell internally. This figure is missing here yet we are given only 1 per cent for development. Therefore, we need to come up with a reserve fund to bail out farmers who are suffering, particularly, during the time of bad weather, bad international markets and infestation from various pests and diseases. If farmers are not encouraged, the poverty index which is at18 to 20 per cent will continue going up. People will become poorer because of not giving them enough incentives to produce more. Therefore, we need to be careful with these figures and they should vary going by the years, so that we encourage farmers who are capable to produce more and areas which produce to continue producing.

Mr. Temporary Speaker, Sir, other discoveries have been of late. A lot of underground water was discovered in Turkana. What economic use will we put that water to? Coal was discovered in Kitui and we have oil inIsiolo. Are we going to have these same indexes as we continue looking for discoveries and exploitation of the same natural resources? This should, therefore, change. Those counties which have done well---

Sen. Karaba, for your information, the formula is supposed to be revised after every three years.

That is why I support.

Mr. Temporary Speaker, Sir, I would also like to support the Motion before us which is that we adopt to the Report of the Standing Committee on Finance, Commerce and Budget on the second basis for equitable sharing of revenue among the county governments. Being a Member of the Committee, I will be very brief. I want to remind Sen. Karaba that agriculture is a devolved function and so 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

Order, Senator! Do you want to be informed by Sen. (Prof.) Lonyangapuo?

Mr. Temporary Speaker, Sir, I think I will get the information later from my friend, Sen. (Prof.) Lonyangapuo. We think alike.

Okay. Continue.

Mr. Temporary Speaker, Sir, this is very hard earned money. This is what pains me; if you look at the number of Kenyans who live on US$ 2 or 3 a day, these are the same people who pay VAT like we do. When they drink a soda, they will pay the VAT just as I do. This is why when I was the Minister for Medical Services, I advocated for contribution to the National Hospital Insurance Fund (NHIF) in a graduated manner. Such that, I, who is earning more money than my driver, should not pay Kshs320 to the Fund like my driver. It is my social responsibility to the nation to contribute more to that kitty. Although I may not use the NHIF because I am insured by AON Minet, it will support some poor Kenyan who needs access to health. This is what social democracy is all about. It means that those who have more will pay more to the social kitty, so that those who have less can have more access to social amenities like health, education and so on. If at the county level county governments are the ones cornering resources for themselves and their interest and watching the poor mother, boy or man toiling up to six but not having access to social amenities, this is an economic crime that the EACC should look into. I do not understand why that Commission was named “ethics and anti- 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 give you one minute.

Mr. Temporary Speaker, Sir, it not there just for dressing purposes. It is there to mean something. I would like to join Sen. Karaba. For a county to have access to these 2 per cent fiscal responsibility, it must have shown fiscal responsibility. Secondly, all counties have potential. If a county shows – even if it does not have lot of agricultural resources and so on – that the revenue it is raising painfully from that county is raised and used properly, it should have access to that 2 per cent fiscal responsibility. That way, it will then help that county to have a resource to stimulate productivity in whatever area it has comparative advantage in. Whether it is pastoralism, agriculture, fishing or whatever, then, that 2 per cent will make sense. I beg to support.

Mr. Temporary Speaker, Sir, for the record, I rise to oppose this Motion. This is because I verily believe the Report is constituted and as reported, is not representative of the current situation in the county. The Report is also deficient in addressing critical and important issues that, after three years, have been given by the Constitution in the process of transition; that constitutional commissions can take the time to study, learn and understand the issues and matters that require to be either corrected, amended, improved or changed. This Report fails as it came from the CRA to address those issues. My conscience refuses to accept the excuse, other than a good reason given by the CRA, that they have tried and that the negotiations could not yield better results than what they gave us. Mr. Temporary Speaker, Sir, to begin with, if I can use a quick example which I can completely agree with, is the contribution by the Senator for Kisumu. How can we as a Senate accept that for three years, even after the CRA has conducted its studies, that they have never found that it is erroneous to continue to disburse 2 per cent of Kshs229 billion, another Kshs269 billion and now going to Kshs300 billion to 47 counties unilaterally and equally without having to address the real reason of what fiscal responsibility means? How can we as a Senate say that it is right for CRA to tell us that when we 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. Wamatangi, what was your last Statement?

Mr. Temporary Speaker, Sir, I said from the word go that I stood to oppose the report. I oppose.

You were off-record when you mentioned that and that is why I wanted you to repeat. Sen. (Prof.) Lonyangapuo, the Senator for West Pokot County.

Mr. Temporary Speaker, Sir, I stand to support this Report for the reason that the previous formula that we used has elapsed. The proposed one will be coming to an end after three or five years, as indicated in our Constitution. We introduced devolution in 2010. The new Constitution was promulgated and it proposed that funds are supposed to be distributed in 47 counties. The manner of distribution then depended on a revenue sharing formula that was proposed by the National Assembly. Five parameters were chosen, which talked about population, 45 per 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. Did you hear my good friend, the Senator for West Pokot referring to the people of Kiambu as having money? Could he substantiate whether he means that all the people of Kiambu have money or he is specifically referring to a few people in Kiambu who may be having money? He may cause a wrong impression by the wording of his statement and create an impression that all the people of Kiambu have money yet we have extremely poor people in very big numbers in Kiambu County.

On a point of order, Mr. Temporary Speaker, Sir. Is it in order for Sen. Wamatangi to run way from the obvious? It is common knowledge in this country, that if you are looking for money, you go to Kiambu or its environs which is Nairobi. Therefore, is it in order for Sen. Wamatangi to cover up that which is so obvious just like the sun and the moon?

Sen. Murkomen, Sen. Wamatangi was on a point of order. You are completely out of order to rise on a point of order pursuant to a point of order. Sen. Wamatangi, there is no county known as Pokot. It is West Pokot. Proceed, Sen. (Prof.) Lonyangapuo.

Mr. Temporary Speaker, Sir, I expected my colleague to congratulate me for lifting the status of Kiambu and telling them that is a benchmark. If you want to see how people have developed and how they can save money, you go to Kiambu. Therefore, with your little savings which are now very many compared to other counties, come to our counties and invest. How do they come? They will only come when we have all other structures in place. Mr. Temporary Speaker, Sir, the Jubilee Government has embarked on a process of developing our counties. However, I would like to see the 1,000 kilometres of road per year in the North Rift. We do not have it yet. Mr. Temporary Speaker, Sir, I beg to support.

Mr. Temporary Speaker, Sir, from the onset, I find it very difficult to accept the criteria that has been in existence since we came to this Senate. I had hoped that with time, the Commission on Revenue Allocation (CRA) would use the funds allocated, experience and professionalism to arrive at criteria or formula that meets 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

Thank you Mr. Temporary Speaker, Sir. I have been trying from the time I came here to see if I will get a chance to contribute on this Motion. I was not convinced from the Committee Stage to this stage that we are doing the best we could as Kenyans to distribute the little money that we are given by the system. It is difficult to share that money. Members of the Senate should consider the Senate as a small county assembly which has been asked to share the money. It is a difficult exercise. There is nowhere where the poorest of the poor and the richest of the rich sit down and compromise over something which some people think they have gotten more than the others. Philosophically, there is no rich person who has not been made rich by the poor people. It is the poor who make us who we are. In fact, it is something that we should start thinking about. Mr. Temporary Speaker, Sir, we have been talking about governors and how they behave. We have also talked about the accountability yet this is not what this Motion is all about. This is not what is being asked here. Are we starting a different thing from what our tradition is? If we want the status quo to remain, then, let us all agree that our country will be nursed and protected as a capitalist nation and nothing more. You cannot apply capitalism and socialism together or try to find out the balance unless the systems which have been there are totally forgotten, it does not work. Officers serving in the Commission on Revenue Allocation (CRA) and also 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. Just before Sen. G.G. Kariuki spoke about the CRA bit, he spoke about boundaries and movement of people and I kept wondering. We talk about regional integration and easy movement of goods and people within the East African Community (EAC) countries. Does he imply that the movement of people is the problem? I felt he was somehow referring to it in the negative. Is he in order?

Mr. Temporary Speaker, Sir, I have no objection to the question by my honourable friend. If we subjected it to an international debate, there would be no need for any boundary in this world. This is because you will enter Tanzania, Kenya and Somalia for that matter and no one will stand at the doors of economic forces. They will still move around whether we like it or not. People are being educated to move around. However, we are talking about a specific isolated problem. That is why we talk about landmass and population. As far as I am concerned, boundaries mean nothing. If you look at our history from 1894 and 1895, you will see how it was done. It is only those people who are powerful that we are following today. You have to be powerful to sustain yourself and what you have acquired. Mr. Temporary Speaker, Sir, this is what they did; the Germans and the British. They shared this country. Where were we to tell them not to share yet we were left like horses and only told to follow this path and no more? When they tell us to stop, we stop. This continued for a long time. My children continued with this kind of illegal perpetration of democratic life which I think we need to change. I did not intend to speak to this Bill because most people expected me to talk about my county government, my governor and my county assembly. Suppose you give them the opportunity to talk about their Senator, I even do not know what they are going to talk about me. Some of you just stand here and button your jackets thinking that you now control the world. Nothing! You must know that you are a servant and we must be slaves of our people, which we have refused; we have decided to say no; we have decided to take money from them and we do not care. Many people have died since Independence with billions of shillings. None of them has been taken with him all his money to the coffin. We just leave them here to be shared by the second or third wife with their children and some unknown women.

What is it Sen. (Prof.) Lonyangapuo?

On a point of order Mr. Temporary Speaker, Sir. Does my senior Sen. G.G. Kariuki imply that we should not follow this little money misused by these people, just because a few purported money looters are on the loose? Can he substantiate what he means yet this is our duty? We do not know those thieves, we know these ones. 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, currently, it is our duty to behave the way we are behaving but we are not stopped by anybody to think beyond that. The Senator is a professor of Mathematics but he cannot go through his exams unless he knows the beginning of Mathematics. Why was it decided and why is it there? This is how you start. Now you are given a table by Kenyans. This is where I give you a place to say what you want on our behalf. There is nothing more that they need from us. This is the kind of message I wanted to pass and I do not want to continue because I can see some---

Sen. Kisasa, what is your point of order? Sen. G.G. Kariuki, you have a point of order from Sen. Kisasa.

Okay, I will reach there. Whether I will support it or not, I will keep quiet.

On a point of order Mr. Temporary Speaker, Sir. Is Sen. G.G. Kariuki in order to say that second and third wives are not supposed to inherit his money?

Mr. Temporary Speaker, Sir, the biggest problem of making a serious statement in a situation like this is that you just find some cheap questions---

Sen. G.G. Kariuki you are totally out of order. The Senator has just asked a question, kindly respond.

Mr. Temporary Speaker, Sir, all the wives married legally have a right to take anything they want to take; you cannot stop your wife from eating what you have. When you work hard day and night, who do you work for? You work for the wife and her children. Is that not the case? You will be gone yourself. Thank you.

Hon. Senators, it is now 6.30 p.m. time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 19th 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