Mr. Speaker, Sir, I beg to give notice of the following Motion. THAT, pursuant to the provisions of Standing Order No. 28 (4), the Senate resolves to alter its calendar in respect of the First Part of the Fourth Session for the recess scheduled to commence on 6th May, 2016 to end on 30th May, 2016 instead of 16th May, 2016.

Next Order!

Mr. Speaker, Sir, I rise to issue the Statement on the Standing Committee of Health under Standing Order No. 203.

What is it, Sen. Khaniri?

On a point of order Mr. Speaker, Sir. You realize that the Statement was requested by Sen. Chelule and she is not in the House. Our practice has always been that it is good for the statement to be issued when the Member who requested for the Statement is in the House. I seek your guidance on 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

I did not realize that the Member is not in the House. I will ask the Vice Chair to hold on; maybe she is on her way. Let us go to Statement (c).

On a point of order Mr. Speaker, Sir. Would I be in order, now that the Vice Chair is enthusiastic to give that particular statement and you are aware the Vice Chair is also supposed to give a Statement that I sought, could she be able to use the same enthusiasm to issue my statement?

When was yours due?

It is due today, Mr. Speaker, Sir.

It is not just a matter of enthusiasm. It is not listed on the Order Paper.

It is not listed but you indeed directed that the Statement regarding the Nandi County Health crisis be brought today.

Get me a copy of the HANSARD to confirm that.

Obliged, Mr. Speaker, Sir.

Let us move to Statements (d), (e), (f) and (g). What is it, Sen. (Prof) Lonyangapuo?

On a point of order Mr. Speaker, Sir. I thought the Chairman for Labour and Social Welfare Committee is around; the Senator for Taita---

Order Sen. (Prof) Lonyangapuo. You will notice the Chair gives you all your entitlements, attributes and accolades, Sen. (Prof) Lonyangapuo. There is no Senator for Taita, there is one Senator for Taita-Taveta County and that is Sen. Dan Mwadzo Mwakulegwa, and he is not the Chairman of Labour and Social Welfare Committee. He is the Vice Chairman of the Committee on Energy. So, we will revisit the issues in the second round. Let us go to Sen. Mwakulegwa on the Statement sought by Sen. Obure. PROVISION OF AFFORDABLE AND RELIABLE POWER SUPPLY IN KISII COUNTY

Mr. Speaker, Sir, I would like to apologise to the House because we were unable to get the response to this Statement on time. I promise to give an answer during the next sitting because the Statement is neither ready nor available.

Mr. Speaker, Sir, I accept that. Indeed, I know that it is not the Vice Chairman’s fault that the Statement is not available. However, with your indulgence, I wish to express my dismay at the manner in which the Kenya Power is operating. Last night in my residential area, there was an incident which I thought was of an emergency nature. I tried to conduct officers of the Kenya Power on all the numbers they have given to the public for use in cases of emergency. They provided more than 10 telephone contacts and I personally called each one of them but none of them was answered. Some of the numbers given are no longer in use. I do not know what kind of service the public is being provided with. Mr. Speaker, Sir, the Kenya Power operates an important utility for the security of this country and the economy as a whole. 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. Obure. This is Statement hour. I allowed you the Floor because I thought you would use the minimum time possible.

Mr. Temporary Speaker, Sir, I just wanted the Chairman to convey my sentiments to the company.

Vice Chair, as you convey those sentiments, when will the Statement be available?

Mr. Speaker, Sir, I have committed to issue the Statement next week, if the Senate does not go on recess. However, if it goes on recess, then I will issue it on the first Tuesday after recess.

You can do even better. Please, make sure that the concerns are addressed even before you issue the Statement.

I will do that.

Next statement. INVASION OF BOMET POLICE STATION

The Chairman is not here. Next Statement. STATUS OF POLICE RECRUITMENT OF 2016

I cannot see the Chair. Let us go to Statement (j) BUSINESS FOR THE WEEK COMMENCING TUESDAY, 10TH MAY, 2016

Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I rise to give this Statement on the business of the Senate for the coming week, pursuant to the provisions of Standing Order No.45(2)(c). Hon. Senators, pursuant to Standing Order No.28(4), I will, at the appropriate time as listed in today’s Order Paper, move a Motion to vary the Senate Calendar to proceed on a three weeks recess beginning this Friday, 6th May, 2016, instead of the one week which is gazetted in the Senate Calendar. This has been necessitated by the upcoming Legislative Summit that is tentatively scheduled for 16th to 20th May, 2016. If this resolution is carried, we shall resume sittings on Tuesday, 31st May, 2016. Hon. Senators, allow me to thank and commend you all for the good work you have done so far since we resumed from the last short recess on 12th April, 2016, which culminated in, among others, the passage of the following crucial Bills, four of them after a Mediation process:- 1. 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

Order, Members. Let us have a second round of issuance of statements.

On a point of order, Mr. Speaker, Sir. Before we have a second round of issuance of statements, I am expecting a statement from the Committee on Health on the health crisis in my county.

Sen. Sang, you did not protect your neighbourhood. Indeed, I have confirmed from the records that the statement is due today. THE DECLINE OF HEALTH SERVICES IN NANDI COUNTY

Mr. Speaker, Sir I appreciate that the Statement was to be issued today. However, allow me to just issue a brief on what has transpired between yesterday and today regarding the issue raised by the Senator for Nandi.

Senator, do you have the answer or not?

Mr. Speaker, Sir, the Statement will probably come in the form of the meeting the Committee had today with the delegation from Nandi to deal with the same issue. I just want to brief the House of what transpired but we will give a report after consultations with the delegation from Nandi County. I thought the House would be interested in what I wanted to say. As the Senator pointed out, this is a serious crisis. 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 hoped that the renowned Senator for Kakamega and his neighbour, Senator Khaniri – I am sure they are waiting for their own statement – would intervene. If a committee is considering a matter and it has not yet concluded, it cannot divulge the proceedings. So, we need to know the status. First, you need to consider that you have no report and that you are still to bring a statement and, maybe, request for special consideration to make a preliminary report.

Mr. Speaker, Sir, indeed, I do not have a statement to make in the House but deliberations are going on in the Committee. Perhaps, we could request the indulgence of the House to allow us to complete what we are doing. What is happening in Nandi is a health crisis and we are working speedily to try and resolve it. Indeed, without divulging what is going on in the Committee, there is almost a resolution to that crisis in Nandi but we will give a statement to that effect. Thank you.

Sen. Sang.

Mr. Speaker, Sir, it is really sad listening to Sen. (Prof.) Lesan. You will remember that we split the Statement that I sought into two. The major issues were to be responded to in two weeks and the period elapses today. We split the Statement and one of the components specifically relating to the Nandi crisis should have been responded to on Tuesday. Today is Thursday and the Committee is yet to give any preliminary statement towards the same. Whereas I appreciate that the court gave an order and that the Kenya National Union of Nurses (KNUN) has called off the strike, we expect that all the facilities will be operational. However, the Committee is still taking this matter casually. They should even give us a progress report on what they have done with regard to the process of mediating, so that we hold on to that as we wait for the entire statement.

Mr. Speaker, Sir, that is precisely what I was trying to do, by reporting the progress of what happened but according to your instructions, I was pre- empting what the Committee is doing. The Committee is working very hard on the crisis. It was only yesterday when this report was requested and we had to quickly arrange for a meeting between the delegation from Nandi and the Senate Committee responsible for health matters---.

Order, Sen. (Prof.) Lesan. It is not only yesterday. In fact, the first statement was to be handled on Tuesday. So, this was supposed to be concluded business.

Mr. Speaker, Sir, I understand the seriousness of this issue but I would like to seek for the indulgence of this House to allow us a bit more time to deal with it. As we deal with the issue, we are pursuing avenues to see to it that health services are restored in Nandi, as we prepare to give the statement. Thank you.

That is fair enough. See what you can do as you deal with the matter. Let us have a repeat of the statements. Before we go for the second round of statement sought, we can have the Members seeking Statements. 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 have two statements to seek from the Committee on Education. INVESTMENTS MADE BY THE NATIONAL GOVERNMENT IN DEVELOPMENT OF SCHOOL INFRASTRUCTURE Pursuant to Standing Order No. 45 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on Education regarding investments made by the national Government towards development of schools infrastructure. In the Statement, the Chairperson should state the following:- (1) The amount of money allocated towards development of school infrastructure across the country since the Financial Year 2013/2014 to 2015/2016. (2) Explain the criteria used by the Ministry of Education to identify and fund primary and secondary schools infrastructural development in the country. (3) Explain why majority of schools throughout the country lack proper infrastructure and depend heavily on harambees and Constituencies Development Fund (CDF) for this purpose. (4) Explain how the national Government distributes funds for school infrastructural development among the counties, including the amount disbursed so far per county. Mr. Speaker, Sir, that is my first request statement to the Chairperson of the Committee on Education. I have another statement to seek from the same Chairperson. Could you allow me to proceed, so that he can respond to both?

Sure. DELAYED PAYMENT OF TEACHERS WHO MARKED THE 2015 KCPE AND KCSE EXAMINATIONS

Mr. Speaker, Sir. Pursuant to Standing Order No. 45 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on Education regarding delay in payment of teachers who marked the 2015 Kenya Certificate of Primary Education (KCPE) and Kenya Certificate of Secondary Education (KCSE) national exams. In the Statement, the Chairperson should:- (1) Explain the cause of the delay given the fact that the examiners are usually paid their dues latest with the March salary of the subsequent year. (2) Explain why the concerned Cabinet Secretary has not explained the cause of the delay to the concerned teachers. (3) State the timelines for payment of the dues for accountability and transparency in future.

Chairperson, Committee Standing on Education.

Mr. Speaker, Sir, I undertake to give that Statement the first week after we come back from recess.

Which one? 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

We are not sure when we will come back. I will bring it as soon as we come back, because non-payment of teachers is a matter of great concern. Mr. Speaker, Sir, you can rule on that.

Sen. Karaba, that is not the way we operate here. I direct that the Statement be ready in two weeks time.

Most obliged, Mr. Speaker, Sir.

The delivery will depend on what we are doing at that particular time. Proceed, Sen. Khaniri. PLANS BY THE GOVERNMENT TO BAN MITUMBA TRADE

Mr. Speaker, Sir, pursuant to Standing Order No. 45 (2) (b), I rise to seek a Statement from the Chairperson of Committee on Finance, Commerce and Budget regarding Government plans to ban trade in second-hand clothes, popularly known as mitumba. In the Statement, the Chairperson should:- (1) Explain the measures put in place by the Government to cushion thousands of traders who depend solely on the business for their livelihood against the effects of the anticipated ban. (2) Explain how the Government plans to provide alternative clothing for the larger population that depends on second-hand clothes for their clothing and textile needs. (3) Explain how the move will benefit the local textile industry, given the poor state of our textile factories and cotton farmers.

Chair, Committee on Finance, Commerce and Budget.

Mr. Speaker, Sir, we undertake to bring that Statement two weeks after recess.

On a point of order, Mr. Speaker, Sir. I wanted to ride on the statement request by Sen. Khaniri, considering that Homa Bay County is one of the counties that are blessed with cotton soil. The Committee should apprise this House on the measures that have been taken by the Government to revive the cotton sector in this country, particularly in Homa Bay County.

Mr. Speaker, Sir, I also want to ride on that Statement, given the fact that there are thousands of people from my county who trade in various trading centres, from Githurai, Thika, Wangige and Limuru, and eke out a living from the sale of second-hand clothes. The Chairman of the Committee should tell this House, in the Statement sought by the Senator for Vihiga, whether there is a clear feasible roadmap to compensate these people. The plan to ban the sale of second-hand clothes should be put on hold until such a time when there is a tangible plan for compensation and alternative businesses that these people can do. There are many people who depend on this trade, 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 Senator for Kiambu in order to feign ignorance of the impending banning of mitumba trade by His Excellency the President, when we know that he is a Member of the “kitchen Cabinet” of the President?

Mr. Speaker, Sir, I do not need to deny or accept that I am in the kitchen Cabinet. The Senator for Kakamega needs to know that in the kitchen there are a thousand recipes, which do not taste the same. Even though there is a plan to halt the trade in second-hand clothes, there has to be a plan to cushion those Kenyans who will be affected by that ban. I am perfectly in order.

On a point of order, Mr. Speaker, Sir. Is the Senator for Kiambu, Sen. Wamatangi, in order to purport to belong to some kitchen Cabinet, when I know that he is a colleague Senator?

Order, Members. I thought Sen. Sang would even go further to indicate that even under the best of his wishes, it is not possible to be a Senator and at the same time a member of a kitchen Cabinet.

Mr. Speaker, Sir, the Senator for Kiambu has neither confirmed nor denied that he is a member of the kitchen cabinet but the Constitution under Article 152 does not talk of the kitchen cabinet. Could he substantiate, who the other members of the kitchen cabinet are? When do they meet and on what basis has it been established?

Order, Sen. M. Kajwang. The rules of substantiation are very clear. You make an allegation, then you are challenged. In the case of Sen. Wamatangi, he neither denied nor confirmed anything. So, what are you committing him to?

Mr. Speaker, Sir, I want to ride on Sen. Khaniri’s request. When are they going to revive these industries because for the one in Nanyuki, even the land has been grabbed? Could he tell us when they are going to reclaim those parcels of land and revive the industries?

Mr. Speaker, Sir, I want to seek two statements: The first one is to the Committee on Roads and Transportation, and the other on is directed to the Committee on Energy. POOR STATE OF ROADS AND BRIDGES IN WEST POKOT COUNTY I rise to pursuant to Standing Order No.45(2)(b) to seek for a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the Makutano-Kapenguria Town Bridge and the current state of Kapenguria-Kapipi-Kapsait Road. In the Statement, the Chairperson should:- 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

Where is the Chairperson?

Mr. Speaker, Sir, I seek your indulgence and we need two weeks to respond to the question.

It is so ordered. Proceed with the second request, Sen. (Prof.) Lonyangapuo. POWER FAILURE IN POKOT NORTH SUB-COUNTY

Mr. Speaker, Sir, the last request is about power failure in the entire Pokot North Sub-County.

Order, Sen. (Prof.) Lonyangapuo. Please make efficient use of our time. What you are mentioning will be in the statement.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek for a statement from the chairperson of the standing Committee on Energy regarding the electrical power failure in Pokot North Sub-County which has adversely affected operations at Kacheliba Sub-County Hospital. In the Statement, the Chairperson should:- (a)state whether he is aware that Kacheliba Sub-County Hospital which is in Pokot North Sub-County has had no electricity for the last two weeks and this has led to the damage of medical equipment and occasioned total collapse of operations at the hospital thereby bringing service delivery to a complete halt; (b) explain the cause of the electrical power failure; and, (c) state measures being taken to immediately restore power to this critical facility and to ensure that the problem does not recur in future.

Chairman of the Committee?

Mr. Speaker, Sir, having listened to the request, I think there is some emergency and I will respond to the Senator next week, even if we will be on recess; but I will give a detailed statement upon our return from recess.

Well done, Chair. What is it, Sen. Haji?

I want to ride on the request by the Senator from West Pokot. In Hulugho Sub-District Hospital in Garissa County, the Rural Electrification Authority (REA) constructed huge staff buildings, pump house and put up some poles in the last ten years. We wish to know when the generator will be supplied and when electricity will be installed in the sub-district hospital which is only five kilometres away from the Somali border.

I will issue that statement upon resumption from recess. 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 rise pursuant to Standing Order No.45 (2) (b) to seek a Statement from the Chairperson of the Senate Standing Committee on Finance, Commerce and Budget. In the Statement, the Chairperson should:- (i) explain the regulatory and legal procedures followed before a bank is considered to be put under receivership - the written procedures in communication that are to be followed; (ii) explain the extent to which regulations were followed in placing Dubai, Imperial and Chase banks under receivership; (iii)demonstrate whether placing the said banks under receivership was the most appropriate course of action and whether it was a board decision or a sole decision of an individual or individuals; and, (iv) clarify the remedial measures being put in place by the Central Bank of Kenya (CBK) with respect to Imperial Bank.

Where is the Chairperson for the Committee on Finance, Commerce and Budget?

Mr. Speaker, Sir, I do not know what the Senator is talking about.

Order, Senator. You do not need to know.

I have already been served a copy of the answer I have been waiting for by the Chair---

Sen. (Dr.) Khalwale, you are being requested, on behalf of the Committee of Finance, Commerce and Budget, to hold brief for the Chair in terms of committing the Committee to a response.

That is now clear. I will communicate with the substantive Chair of the Committee and persuade him to provide the answer within two weeks.

It is so ordered. VISIT BY SENATORS TO CONDOLE FORMER PRESIDENT KIBAKI AT HIS RESIDENCE IN MUTHAIGA

Mr. Speaker, Sir, with your indulgence, I also wanted to give some information regarding the proposed visit to the former President Kibaki’s house by Senators and Members of the National Assembly to condole the family. I just wanted to say that the proposed meeting as indicated yesterday is going to be tomorrow at 10.00 a.m. at the former President’s residence, in Muthaiga. It is the first turning, if you approach from Thika Road. It is the first turning on the right. Some of you know the place very well, Tchui Road.

Order, Members. We will break this particular order and we will come back to it. We need to proceed with the other orders for purposes of voting. Next Order! 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

We will skip Order No.9 then we go to Order Nos. 10 and 11.

I order the Division Bell to be rung for one minute.

On a point of order, Mr. Speaker, Sir. I appreciate that we are going into Division but if you may recall, I had requested you to clarify the issue of the second generation formula vis-à-vis the fact that now the figures that are in the First, Second and Third Schedules are pegged on the first generation formula. Maybe if you have the answer, you can give it now.

Hon. Senators, there is a point raised by Sen. (Dr.) Khalwale which is valid. If you recall, we had said that we must proceed because these Bills have timelines. The second generation formula is before the other House and they have not yet dealt with it. We are already running behind schedule on this one. We are just proposing as it is. You still have a window of opportunity during the---

Mr. Speaker, Sir, members of the public are becoming increasingly interested in the Division of Revenue Bill and the allocation of funds horizontally across the 47 counties. Therefore, I would want to assure them that we have an avenue through which they will bring the provisions of the second generation on board.

Hon. Senators, on the matter raised by Sen. (Dr.) Khalwale, I direct that we proceed but we will give some time before we proceed to Committee of the Whole and Third Reading which we can do after the recess. Even if we are to finalize, you are always at liberty to bring an amendment to the law, depending on the approval of the formula by the National Assembly. I hope that you have your cards ready to vote on Order No. 10, the County Allocation of Revenue Bill (Senate Bill No.3 of 2016) Draw the Bar and close the doors.

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, Hon. Senators. Draw the bar and open the doors. 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 direct that the Bell be rang for a half a minute.

Draw the Bars. The Division Bell will be for all the four Bills. We finalised on the amendments yesterday. Under The Universities Amendment Bill (Senate Bill No. 31 of 2014), we will have two divisions. THE UNIVERSITIES (AMENDMENT) BILL (SENATE BILL NO. 31 OF 2014)

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Order Senators! I now wish to announce the outcome of the various divisions with regard to The County Assembly Services Bill (Senate Bill No. 27 of 2014).

Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Cheruiyot, Kericho County; Sen. Chiaba, Lamu County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Kagwe, Nyeri County; Sen. M. Kajwang, Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Munyes, Turkana County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Murungi, Meru County; Sen. Mwakulegwa, Taita Taveta County; Sen. Nabwala, Trans Nzoia County; Sen. Njoroge, Nakuru County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Okong’o, Nyamira County and Sen. Sang, Nandi County.

Hon. Senators, with regard to the County Government Disaster Management Bill (Senate Bill No.40 of 2014), these are the results:

Hon. Senators, with regard to the County Hall of Fame Bill (Senate Bill No.33 of 2014), the results are as follows:-

Now, we need to Report Progress. Chairperson of Education Committee for the Universities (Amendment) Bill (Senate Bill No. 31 of 2014), Chairperson, Legal Affairs and Human Rights Committee for The County Assembly Services Bill (Senate Bill No. 27 of 2014), Chairperson, National Security and Foreign Relations Committee for The County Governments Disaster Management Bill (Senate Bill No. 40 of 2014) and the Chairperson, Legal Affairs and Human Rights Committee for The County Hall Of Fame Bill (Senate Bill No. 33 of 2014). Where is the Mover for the Universities (Amendment) Bill (Senate Bill No. 31 of 2014)?

Hon. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Universities (Amendment) Bill (Senate Bill No. 31 of 2014) and its approval thereof with amendments.

Hon. Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of The County Governments Disaster Management Bill (Senate Bill No. 40 of 2014) and its approval thereof with amendments.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Assembly Services Bill (Senate Bill No.27 of 2014) and its approval, thereof, with amendments.

I now put the question.

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Hall of Fame Bill (Senate Bill No.33 of 2014) and its approval, thereof, with amendments.

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. Hon. Senators, I have a proposal which you may disagree with. I can see my friend, Sen. Khaniri, already looking at the Standing Orders. You can look at the Standing Order which talks about “with the leave of Senate.” There are very many things that we can do with the leave of Senate. That is, when no Senator objects. We have made a lot of progress. As you are aware, we shall have a Motion for Adjournment. I do not know whether it will go through but let us assume it will go through. My request to you is that you allow us to vote on the four Bills we have dealt with and finish with them. For that purpose, with the leave of Senate, we do not have to withdraw the bars. However, if there is an objection, then we will have to withdraw the bars. I am doing that in good faith, so that we finish the business ahead of us.

Mr. Deputy Speaker, Sir, proceed.

Order, Senator. You know the thing to do is to press the console. Shall we not proceed?

Let us proceed.

Thank you very much. I really appreciate that. Hon. Senators, we shall deal with all the four of them. As you know, we shall vote and that is why I have made that request. We shall start with the report of the Committee of the Whole on the Universities (Amendment) Bill (Senate Bill No.31 of 2014).

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the Universities (Amendment) Bill (Senate Bill No.31 of 2014 and its approval, thereof, with amendments.

The Mover.

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

seconded.

Hon. Senators, I now propose the question.

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

Put the question.

Order, Senator. I have to sit down and check the console to see whether there is anybody who wants to talk. Let us try and be as orderly as possible, so that we finish. Since there is nobody interested in contributing, I will put the question.

Mr. Deputy Speaker, Sir, I beg to move that the Universities (Amendment) Bill (Senate Bill No.31) be now read a Third Time.

I request Sen. (Prof.) Lesan to second.

Sen. Karaba has already seconded. Do you have a problem with that because he has already seconded?

Hon. Senators, we shall vote on the four Bills but I will put the question on this one. We will vote and then proceed to the next one.

I propose that we go through all of them and then the Bell will be rung once. Therefore, we will vote in due course. Let us have the report of the Committee of the Whole on the County Government Disaster Management Bill (Senate Bill No.40 of 2014). THE COUNTY GOVERNMENTS DISASTER MANAGEMENT BILL (SENATE BILL NO.40 OF 2014)

Mr. Deputy Speaker, Sir, protect me from Sen. (Prof.) Lesan.

You are protected.

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Government Disaster Management Bill (Senate Bill No.40 of 2014) and its approval, thereof, with amendments.

The Mover, Sen. Haji.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. Khaniri to second. 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.

The Mover, Sen. Haji. Sen. Haji: Mr. Deputy Speaker, Sir, I beg to move that the County Government Disaster Management Bill (Senate Bill No. 40 of 2014) be now read a Third Time.

seconded.

Division will be later. Hon. Senators, we are dealing with the County Assembly Services Bill (Senate Bill No.27 of 2014). Sen. Sang. THE COUNTY ASSEMBLY SERVICES BILL (SENATE BILL NO. 27 OF 2014)

Mr. Deputy Speaker, Sir, I beg to report that a Committee of the Whole has considered the County Assembly Services Bill (Senate Bill No.27 of 2014) and approved the same with amendments.

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

seconded.

Mr. Deputy Speaker, Sir, I beg to move that the County Assembly Services Bill (Senate Bill No.27 of 2014) be now read a Third Time.

seconded.

We will defer the putting of the question and deal with the final Report of the Committee of the Whole on the County Hall of Fame Bill (Senate Bill No.33 of 2014). 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 beg to report that a Committee of the Whole has considered the County Hall of Fame Bill (Senate Bill No.33 of 2014) and approved the same with amendments.

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

seconded.

Mr. Deputy Speaker, Sir, I beg to move that the County Hall of Fame Bill (Senate Bill No.33 of 2014) be now read a Third Time.

Mr. Deputy Speaker, Sir, I second.

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

What is your point of order, Sen. (Dr.) Khalwale? We are in the Committee of the Whole.

Mr. Deputy Speaker, Sir, I want to beg your indulgence, so that we acknowledge the remarkable resurgence of Sen. Onchwangi.

Sen. (Dr.) Khalwale, are you suggesting that Sen. Onchwangi has just made his maiden speech? If he has, you very well know that you cannot interrupt a Maiden Speech through a point of order.

Mr. Deputy Speaker, Sir, I was careful. I said the ‘resurgence’ of Sen. Onchwangi. In fact, the youth in Kakamega that he represents are now very happy.

Order, Sen. (Dr.) Khalwale. You have made me forget where I was.

We will now go to Division. Ring the Division Bell for a minute.

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. Mutula Kilonzo Jnr., there was a semblance of order before you walked in; let us try and keep it that way. We have four votes and we shall deal with them in sequence, like we did before. We will first vote on The Universities (Amendment) Bill (Senate Bill No. 31 of 2014).

Hon. Senators, I wish to announce the results as follows:-

(Sen. Kembi-Gitura ) Hon. Senators, the results of the Division are as follows:-

Hon. Senators, I wish to announce the results as follows:-

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

Hon. Senators, I will reorganize the Order Paper. We will go back to Order No. 9; the Motion to alter the Calendar. I will then stand down everything else up to Order No.29; the Motion for Adjournment. Order No.9 is a Procedural Motion, but the Motion under Order No.29 is not procedural. 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): Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT pursuant to the Provisos of Standing Order 28(4), the Senate resolves to alter its calendar in respect of the first part of the Fourth Session for the recess scheduled to commence on 6th May, 2016, to end on 30th May, 2016 instead of 16th May, 2016. As you have just directed this is a procedural Motion. The reason this slight alteration is being proposed is to allow the Senators to participate in the on-coming Devolution Legislative Conference. It is a conference between Senators, Members of County Assemblies (MCAs) and other stakeholders of devolution. It is expected to take place in Mombasa shortly after---

Order! Could Sen. Wamatangi, Sen. (Dr.) Khalwale and Sen. Ndiema kindly consult in low tones?

(Sen. (Prof.) Kindiki): Thank you, Mr. Deputy Speaker, Sir. The conference will be convened in Mombasa between Senators, MCAs and other devolution stakeholders to look at the legislative milestones made at the national and county levels across the country. There has not been an audit of what 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

Mr. Deputy Speaker, Sir, I second this Motion to alter the Calendar. However, while we do so, we recognize that there are important matters that have not been handled. I propose that we also have a legislative agenda. There are certain Bills, including the County Boundaries Bill that was supposed to be done at this conference. By the time we finish the conference, we should discuss a way forward on that legislation that is pending or stuck at the National Assembly. While we do so, we will also use that opportunity to speak to Members about the County Revenue Allocation so that we can have a common position on what should be done on revenue allocation. I beg to Second.

Mr. Deputy Speaker, Sir, I rise to support this Motion by the Senate Majority Leader. I do so because we have a huge problem in the counties. There is an accusation that we are not seen. As Senators, we should recognize that most people in the country do not understand what we do. Therefore, when we travel to the counties and explain to people that on Tuesdays, Wednesdays and Thursdays we are in the Senate, whereas they see the governor, for example, everyday, they do not understand. Now and in the future, it is important for us to create a flexible calendar since our consumers; the voters, do not know that we are here and not in the counties. The more time we can get to visit our electorate, see the development projects and oversight what the governors have been doing, the better. For that reason, I support.

Mr. Deputy Speaker, Sir, I stand to support this Motion. I also support the conference with the devolution family which includes Members of County Assemblies (MCAs). Let me make my position very clear. I would not like this conference to be a mere talking shop; something that we hold just for the sake of it. I would like the Senate Majority Leader and his Deputy; the young lady, to listen to me very carefully because they are the leaders on the Government side. To their attention and that of the House, this conference should not just be a mere show-piece; it should have proper content. 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 would also like to support this Motion proposed by the Senate Majority Leader. It is important that we go out and interact with MCAs in that conference to be held in Mombasa County. It is important for them to know the role of the Senate so that when we oversight them and the county projects, we will not be seen as intruders. That is what is likely to happen. Many institutions might come through governors who might have told them that they are the only ones who are 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. Deputy Speaker, Sir, I support the Motion. This is routine adjournment set by the calendar save that in this particular incident, we are extending the period for a short while for the reason that we want to have a conference on devolution. It will be a conference that will critically evaluate devolution, its pros, cons, successes, failures and challenges. It is not going to be an opportunity for masters of corruption to grandstand and pretend that they have changed the lives of people when, in fact, what they have changed is their lives, their cohorts, sycophants and their families. This House stands in unity with devolution, and we support what we are mandated to do under Article 96 of the Constitution. As we go on recess, I encourage all Members to turn up without exception in Mombasa to meet MCAs and assembly speakers who have promised to be there without exception. Unlike the offensive cadre of our governors, we will invite them to come and see how to run a devolution conference. Mr. Deputy Speaker, Sir, you cannot have a devolution conference in the manner that we saw in Kisumu County. The distinguished professor was not even on the list. He was not even asked to receive their valued guests and neither was he on the opening programme or anywhere. I saw the same pattern in the Meru County Conference. The distinguished Senator for Meru County as the host Senator was given exactly the same dose that the Kisumu County Senator was given when we went to Kisumu. He was not put anywhere in the programme. I do not know if you were in Kisumu but colleagues were there and Sen. (Prof.) Anyang'-Nyong'o was there. As the leadership of the House, there was no place to sit. The governors had paraded themselves, sitting like they had arrived and that they did not need anybody, and that the Senate is a nuisance to be confined where you can confine a nuisance. This is not how to run a country especially when we are now at a critical moment of evaluating five years after the passage of the new Constitution. The anchorage that made Kenyans of good will vote for this Constitution overwhelmingly is devolution. However, is it working? Are these high profile stories that read like an

novel of everybody with an opportunity, motive, intent and with the capacity to steal everywhere? When you look at what is going on in counties, it is a sorry state. Mr. Deputy Speaker, Sir, when I look at my county, sometimes I feel like asking very serious questions. What is happening in this country? What has happened 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

Sen. Wetangula, I do not wish to interrupt you but allow me to interrupt you. This Motion is procedural. I know you have 20 minutes by virtue of you being the leader of the minority party. But I would like us to finish this Procedural Motion not later than 6.00 p.m. so that we can do the Motion of Adjournment. Unless you want us to extend time in which someone has to make an application, I want us to start the Motion of Adjournment not later than 6.00 p.m. So, if you allow me, I will cut you short much sooner because we still have some interest in this one.

No problem Mr. Deputy Speaker, Sir. Let me finish by saying that the health system has collapsed everywhere. What I would want this Senate to do is for our Committee of Health to engage the national Government and turn those so called referral hospitals by name, upgrade them to true referral hospitals because referral hospitals are the domain of the national Government. 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 have two requests for the Floor from Sen. (Dr.) Zani and Sen. Ndiema. I will give you two minutes each. I hope that is fair. Sen. (Dr.) Zani!

Mr. Deputy Speaker, Sir, I will try to be fast. The idea of a conference was mooted in Mombasa in the first year of devolution. The Members of the County Assemblies (MCAs) were there and said that it will be a good idea for them to meet with the Senate. It could have happened earlier but it is good that it is happening now. It gives us a chance to stock-take and a possibility of having direct links with the counties to discuss the various matters that we have talked about. We need to zero down to the County Governments Act, 2012 and the fact that Senators should be entrenched within the counties. Facilities should be made within the county governments so that we can keep in touch and link up constantly. We also need to introduce a Speaker’s Hour, just like we have the provisions of Statements within our Standing Orders. We need a clear forum for Senators to update us on what is happening in their counties, for example, the number of Bills that have been published and the various problems within the counties. We could also have liaison officers at the county level so that we can keep in touch with the counties at all times and get consistent feedback. Our presence, as we have said, cannot be felt at the national and the county level as we would like it to be, because we are spending the same time in different places. As we plan for the conference, we should have a clear output. The planners of this conference should have clear, tangible and measurable outputs, so that at the end of it, we can measure the specific goals that we have attained. We should also have a session for specific roles for the Senate vis-a-vis the other leadership. We should have a form of civic education to inform and educate the various key devolution players on our roles, which are not clear. I support.

Sen. Ndiema, you have two minutes.

Mr. Deputy Speaker, Sir, I support this Motion because it will give us an opportunity to be in our counties and to do more in the Committees. There is a lot of work pending in the Committees, especially those that are engaged in oversight. It is important and timely that we have this conference with the MCAs, because what is happening in the counties is sad. Devolution is under threat and it is the responsibility of the Senate to protect counties. Corruption and outright theft is happening in form of imprest; people are literally loaning themselves public funds for private 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

The Senate Majority Leader, do you want to reply?

(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, I beg to reply.

Hon. Senators, this is not a Motion affecting counties. I will, therefore, put the question.

(Sen. (Prof) Kindiki): Mr. Deputy Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order 28 (3), the Senate do adjourn until Tuesday, 31st May, 2016. I take this opportunity to first and foremost thank the hon. Senators for a job well done this afternoon. I am happy to note that this afternoon we have disposed of four Bills. We have also voted for two Bills at the Second Reading Stage. This is the kind of progress that is commendable because our core mandate is legislation. The more legislation we pass to support devolution in this country, the better. Secondly, I note with pride that we have passed six other Bills during this Session; between February and now. We have been able to pass the Statute Law (Miscellaneous Amendment) (No.2) Bill (National Assembly Bill No.33 of 2013), The Climate Change Bill (National Assembly Bill No.1 of 2014), The Mining Bill (National Assembly Bill No.8 of 2014) and The Anti-Doping Bill (National Assembly Bill No.6 of 2016), which we passed in record 24 hours, without dissent from both sides of the House. I am proud as a Kenyan and as a Member of this House to have been part of the leadership that spearheaded the passage of The Anti-Doping Bill (National Assembly Bill No.6 of 2016) for the sake of our country, especially in the Olympics. I take this opportunity to thank, particularly, my brother, Sen. Wetangula and his team in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

The Senate Minority Leader, you had 20 minutes to Move the Motion but you moved it in 13 minutes. We will have to propose the Question within the remaining time. Therefore, I request that you be brief.

Mr. Temporary Speaker, Sir, I will be brief. First, the end of this Session is celebrated because we have worked in a positive bipartisan manner. In the process, we have done well. Secondly, we have a pending retreat for the leadership of the Senate and the National Assembly to address the issue of the frustration of Bills originating from the Senate to the National Assembly. Thirdly, I encourage Senators to turn up in large numbers for the planned conference. Fourthly, I request that we continue to condole the family of the retired President Kibaki for the loss of the former First Lady, Mama Lucy Kibaki. Yesterday when I had an opportunity to visit the home with my colleagues to condole with Mzee Kibaki and family, we met with the retired President Moi. I told the family that the Senate ably eulogised Mama Lucy. There is a planned visit tomorrow and I promised the family of

Kibaki that the HANSARD record of the eulogies that we passed in the House will be extracted and taken to the family for their record. This is in remembrance of what we said about Mama Lucy. Fifthly, I encourage the reforms that are going on in the Ministry of Education. However, what shocks me in this country is that every officer appointed to the office must appear to be changing something. I asked Cabinet Secretary Matiangi; that if he wants to abolish the 8-4-4 system, then what mongrel is he introducing? Why do you not move Kenya to the standardisation of education in East Africa; to be equal to Uganda, Tanzania, Rwanda and Burundi which are using 8-4-2-3? That will make more sense. Appearing to be changing - like entering a house and adjusting the sitting arrangement - is not how to reform things. Mr. Temporary Speaker, the sixth is about corruption. We must make these institutions that fight corruption work. Someone joked and said that the Ethics and Anti- Corruption Commission (EACC) is nowadays called the Economic and Pro-Corruption Commission.

Mr. Temporary Speaker, Sir, it is not anti-corruption any more but pro-corruption. That is what they do. Things are not working well. When we have a recess like this - even without attending the conference - the House must resolve that once in a while, we take a recess for some days and reflect on what we are witnessing in our counties. The Senators may not alone do something but we can influence the executive, the National Assembly or any other organs to make things work. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Senator Kittony, you may proceed to sit.

Mr. Temporary Speaker, Sir, I support this Motion for Adjournment. I wish to emphasize the importance of the conference that we are planning ahead. Money should be spent prudently and at the end, people should gain knowledge on what the county assemblies and the Senate do. We would like to see even reviews on some of the Bills that were passed by the county assemblies that we feel are not constitutional. Some citizens also have issues with some of the Bills that were passed. I hope those who are researching on content will bring out issues that Kenyans can understand so that we can work together with the county assemblies. Secondly, health is very critical. We only talk about the billions that go to health facilities and forget the basics on health. The Constitution requires that a Kenyan should walk into a hospital and come out better than he or she walked in. The other issue that we need to address is ethnicity. In this conference, we need to be frank to ourselves, that we devolved ethnicity. How are we going to deal with it? We have just received the Land Bill from the “Lower House”. This Senate must bring back sanity. We cannot go the route the National Assembly has gone by proposing that Bill. I hope those are some of the issues we will look at critically. It is the Senate that will unite this country and ensure that no resources will be used by people to kill each other because the law does not allow that. I hope that the Senate will do this country a favour by passing the Gender Bill. Today, we go home wondering whether the National Assembly really understands why the formula was the only issue we could not put as a principle in the Constitution. We have a clear principle and it is, indeed, a constitutional Bill that has a timeframe. I would plead with the Senate Majority Leader and the Senate Minority Leader that if we bring the Gender Bill to this House, it should be passed by more than 40 county delegations. We will then take it to the National Assembly and go through mediation and agree on it in the end. It is then that this House will make history and the two-thirds gender issue will never again be an issue. We have to do this before August. I thank you and all the Senators. I wish our staff well as we go on recess. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I will be brief in the interest of time. I rise to support for one major reason. Having been here for the last few weeks, it is time to go back to Kericho to thank the voters for the chance they gave me. Secondly, we are going on recess to determine whether the issues that we pass in this House translate to tangible services that affect the lives of wananchi, who smiled with so much hope the day they heard about devolution. It will be a good time to reflect so that we can come back as a re-energized House. We should not only narrate the problems in the counties, but find ways of surmounting them. Lastly, I support the move to hold our own conference. The Senate and County Assemblies will take time to reflect as a legislative wing. Hopefully, we will sharpen each other. I speak as a Member of the Standing Committee on Finance, Commerce and Budget where we receive petitions on a weekly basis. From the petition one can see some sense of hopelessness that is creeping into wananchi concerning county assemblies. It will be an opportunity to find ways of working together with the county assemblies to make devolution a success. I thank you.

Mr. Temporary Speaker, Sir, I also rise to support the Motion. I thank the Senate Majority Leader for bringing this Motion of Adjournment. I support this because of two reasons: It is very important for the Senators and MCAs to meet and discuss their achievements of the last four years. It is also very important to discuss this because we are representing the people of this country. I was so shocked during the devolution conference that 81 per cent goes to recurrent expenditure and only 19 per cent goes to development. I mean, this money that comes to the Consolidated Fund in the national Government that is later divided or given back to the county Government is for the citizens of this country. It is really important for us, as Senators, to sit and have a meeting with the relevant authority to discuss the challenges, opportunities or what we can do as leaders or representatives of the people for this country. I believe that all the Senators will have time to attend to this important meeting. With those few remarks, I support.

Mr. Temporary Speaker, Sir, I also support this Motion of Adjournment. It is a sad day for the women of this country that the National Assembly lost the vote on the two-thirds gender rule this afternoon. Some of us have been fighting for women’s rights for many years. When we go for recess we should take stock and talk to our men that we need one another to develop this nation. I also take this opportunity to thank two of our MCAs who were Nos.5 and 6 from Kabomoi and Kwanza constituencies in Trans Nzoia County for being the best MCAs in terms of their contribution. Allow me to wish all the Senators and this country a happy recess.

Sen. Kittony, are you suggesting that the rest of the country is going on recess? It is only the Senate and so, you are wishing Senators all the best as we proceed to the recess. 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, it is time to interrupt the business of the House. The Senate stands adjourned until Tuesday, 31st May, 2016 at 2.30p.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