Hon. Senators, I have many Communications to make because today is the first day after the recess. Please, bear with me.

No, Mr. Deputy Speaker, Sir.

Thank you, Sen. Haji. Today, I have several Communications to make and I think it will be unreasonable to issue all of them when Senators are standing at the door. APPROVAL OF THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 43 OF 2015) The next Message from the National Assembly is on the approval of the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015). Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order No.40 (3) and (4), I received the following Message from the Speaker of the National Assembly regarding the passage by the Assembly of the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015)- Pursuant to the provisions of Standing Order Nos. 41(1) and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly:- “Whereas, the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No.43 of 2015) was published vide the Kenya Gazette Supplement No.127 of 11th August 2015, as a Bill concerning county governments proposing to amend the Seeds and Plant Varieties Act, (CAP 326) and to give effect to the provisions of Articles 11(3)(b) and 69(1) of the Constitution so as to recognize and protect the ownership of indigenous seeds and plant varieties, their genetic and diverse characteristics and their use by Kenyan communities and protection of genetic resources and biodiversity for equitable sharing of accruing benefits; And whereas, the National Assembly considered and passed the said Bill on Thursday, 5th May, 2016 with amendments in the form attached hereto; Now therefore, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order 142 of the National Assembly Standing Orders, I hereby forward the said Bill for consideration". Hon. Senators, following again our own Standing Orders, I direct the Bill be listed for First Reading in the Order Paper of Thursday 2nd June 2016. I also wish to bring it to your attention that this Bill is one of the Bills that require to be enacted within five years of the enactment of the Constitution of Kenya. This time line passed on the 27th August 2015, but the National Assembly, by resolution, extended the time line by one year. I thank you. APPROVAL OF THE PETROLEUM (EXPLORATION, DEVELOPMENT AND PRODUCTION) BILL (NATIONAL ASSEMBLY BILL NO.44 OF 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

On a point of order, Mr. Deputy Speaker, Sir. While I appreciate your Communications on matters concerning the National Assembly, I still insist, at the risk of sounding like a broken record, that this Senate deserves communication from the National Assembly on the 18 or 19 Bills we have forwarded to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Deputy Speaker, Sir. I further want to also support what Sen. Mutula Kilonzo Jnr is saying. We do not see why we should continue receiving Communication on new Bills from the National Assembly when we have over 18 Bills that we have given them. They have refused to respond on them and nothing has been done. As we seek this ruling from you, I think time has come when we call a spade a spade and the Swahili say kama ni kubaya ni kubaya . The time has come for this Senate to also sit on these Bills.

I have heard both Sen. Ong’era and Sen. Mutula Kilonzo Jnr. and all I have done is to communicate a Message from the National Assembly which I have to do. I must communicate because that is what the Constitution and our Standing Order says. The right moment for you to raise those issues is during the First Reading of the Bills when it comes on Thursday. I am not sweeping this matter under the carpet because there are pertinent issues. For now I have done what I had to do; which is to communicate the Bills to you. I do not think that two wrongs make a right. That is a completely different argument and you can raise it on Thursday, 2nd June when the matter comes for the Second Reading.

On a point of order, Mr. Deputy Speaker, Sir. I have an issue with the Anti-Doping Bill (National Assembly Bill No. 6 of 2016). I recall that last time; we hurried and beat the deadline at the expense of proper scrutiny. I believe that if the Senate had scrutinized the Bill, we would not have had the problems that we did. Is it in order for us to take one hour on the Bill and assume that stakeholders have been consulted and that public participation has taken place? A day or two would have sufficed.

I have given direction. I hope that you are not asking me to revise it. We need to understand that we did what we did because there were timelines. We had our athletes at stake. This is not a matter within our control. We have been given extension to review the law that did not satisfy the requirements of WADA. We stand a new risk of having our athletes excluded from the Olympics which would be a great disaster. Sometimes we have to do things in the manner that we did because we agreed to correct the errors that could have occurred through amendment. This is not the time for blame games. We have to be practical and realistic in the circumstances.

Mr. Deputy Speaker, Sir, I am in agreement with you, but I believe that thorough scrutiny should have been done on the Bill before passing it. I am not blaming anybody, but in future, we should not wait to receive pressure from external organizations like WADA to do things right.

The best time to express those sentiments is in the Second Reading, when and if we get to it. Proceed, Sen. Wangari.

Mr. Deputy Speaker, Sir, I am giving guidance as a Member of the Committee because we have been involved in this matter before. It has come back to the Committee. We are doing everything possible. After the First Reading, we will mobilise stakeholders so that we can fast-track it. Owing to the timeline that we have been given as a country, we must give guidance. We are on it as the Committee on Labour and Social Welfare. We will involve as many stakeholders as possible.

Thank you. That was meant to assist the Chair. Proceed, Sen. Mutula Kilonzo Jnr. 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 agree with what you said. We had no time. We made many proposals for amendment. My only disappointment was that we operated with what we call uberrimae fidei; in absolute good faith. Therefore, this time round, once bitten twice shy. I suggest that the Senate Majority Leader does a little more homework. The original documents that were referred to should also be given to the Senate. Although changes were made wherever they were made, eventually we took the blame as the Legislature. So, Sen. (Prof.) Kindiki, the Senate Majority Leader should give us the information so that when we pass whatever we will pass, we pass it from an informed position.

Mr. Deputy Speaker, Sir, I would like to inform the House that we had consulted the stakeholders in the morning. They are already within the precincts of Parliament. We will have a meeting right now. I will do a report thereafter. I need at least to be given an hour or an hour and a half. I will be quite comfortable.

Is that not what I directed? That is what I directed. I said that we will not go to the Committee before we have your report. So, take an hour or two hours. When you come back and tell us you have a report, only then we can go to the Committee if we shall have the numbers.

Mr. Deputy Speaker, Sir, I am much obliged.

Thank you. Sen. (Prof.) Kindiki, are you seeking the Floor?

Okay, it is so directed. Next order! Hon. Senators, before you withdraw from the Chamber – I hope you are going for the relevant Committee – but remember that we require Members in the House even as you wait for the Committee to come back. There are many statements to be issued today. However, I will restrict them to be issued on Thursday, this week. I will allow those seeking statements to do so now. Sen. Khaniri, are you seeking several statements?

Mr. Deputy Speaker, Sir, I wish to seek two statements. Pursuant to Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Energy regarding the Government’s move to reduce electricity connection fee for customers living within a radius of 500 metres from an existing electricity transformer. In the statement, the Chairperson should state:- 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 of the Committee on Energy? Do we have any Member from the Committee?

Mr. Deputy Speaker, Sir, I undertake to inform the Chairperson to issue it in two weeks’ time.

It is so ordered. Is that okay, Sen. Khaniri? You may seek your second statement.

Mr. Deputy Speaker, Sir, that is okay. Thank you very much.

Sen. Ndiema, what is your intervention?

Mr. Deputy Speaker, Sir, I would like to ride on that statement.

I do not encourage it very much. However, proceed since it is there as a provision.

Mr. Deputy Speaker, Sir, I would like to know what the Government’s policy is on connection of electricity to schools which are less than three kilometres from the power lines. Would it be connection of the power line or the solar system? I am asking this because in Trans Nzoia County, some schools are within three kilometres from the power line. However, instead of them being connected to electricity, they are given the solar system which is more suitable for far-flung remote areas.

Mr. Deputy Speaker, I still undertake within the two weeks to factor in that part of the question and then, we give a comprehensive answer.

Sen. Khaniri, do you have another statement? MISAPPROPRIATION OF TEXT BOOK FUNDS BY PUBLIC SCHOOLS

Mr. Deputy Speaker, Sir, yes. I have a second statement. Pursuant to Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Education regarding alleged misappropriation of money meant for text books under the free primary and day secondary education programme. In the statement, the Chairperson should:- (1) State the amount of money lost in the syndicate. (2) Table the audit report on the use of funds meant for the purchase of text books under the free primary and day secondary education programme. 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 of the Committee on Education? Proceed, Sen. Karaba.

Mr. Deputy Speaker, Sir, I will issue the statement in two weeks’ time.

Is there any other Senator seeking for a statement? There is none. As I said, I will suspend the issuing of the statements until Thursday. What is it, Sen. Sijeny?

Mr. Deputy Speaker, Sir, nothing. I was trying to digest your statement, what were you saying.

Digest my statement? We just came from lunch.

We have business to do which I have communicated on - the Anti-Doping (Amendment) Bill - which I would like us to finish. Next order!

Next Order.

This is by leave of the Senate. Who has the authority from the Senate Majority Leader to move the Bill?

(Sen. (Prof.) Kindiki): Mr. Speaker Sir, I apologise that you called for the order when I was away. I beg to move that the Anti-Doping (Amendment Bill) National Assembly Bill No: 17 of 2016 be read a Second Time. As you have already guided this House, hon. Senators, we are all aware that we did a good job last time, in terms of trying to rescue our sportsmen and women from the indignity of being thrown out of the forthcoming Olympic Games in Rio de Janeiro, Brazil. The reason we hurriedly passed the Anti-Doping Bill last Month was because we had an international deadline. I thank all colleagues across the political divide, because when this issue came, we did not have any differences, and we were all agreed that there was need to comply with the international deadline. It appeared that what we passed had a number of shortcomings. The mistake was not done by the National Assembly or the Senate. It came from the differences at the Attorney General’s Office and the Ministry; in terms of trying to interpret the international obligations and making them part of national law. They may have missed some points in terms of making sure that the UNESCO Convention against Doping in Sports is now translated into Kenyan law, as well as the World Anti-Doping Agency (WADA) rules. The shortcomings which were highlighted later were not a consequence of lack of seriousness by the National Assembly or the Senate. The second point is that, besides the requirements by the WADA, there is a bit of international politics involved. As a Kenyan, I can say that a number of people out there will not mind if Kenya does not participate in this year’s Olympics. There have been unconfirmed reports, which I have reason to believe could be true, that a number of countries that have been trying to put a lot of money in sports, especially in athletics, to try and overcome our dominant position which we have retained for so many years now. Such countries have been celebrating silently, and even lobbying. The reason I believe that there could be competitors of Kenya who may not be interested in us participating in the forthcoming Olympic Games, is because our country is the third country in the world which has aligned its law with the international standards on anti-doping, yet we know countries with very serious doping problems but there is no pressure, deadline and ultimatums. When our team, the Cabinet Secretaries for Sports and Foreign Affairs and the other team of technocrats went to Ottawa, Canada, they raised the issue. They asked why Kenya was being more pressurized than any other country. They got a report in terms of a diplomatic answer that since Kenya is a leader in athletics, it must lead by example by first aligning its law with international standards and other countries would follow. I want to bring this background so that we see the predicament we 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

Sen. Mutula Kilonzo Jnr., before you second the Bill, I have a brief Communication to make.

Mr. Deputy Speaker, Sir, I would like to add my voice in welcoming my learned friends. I urge them to learn and understand clearly what they are doing, because they are the future leaders of this nation and the country depends on them. Thank you very much.

Order, Sen. Omar! I am sure you did not recognize any of the names, which tells you how long it is since you practiced law. Sen. Mutula Kilonzo Jnr., you may proceed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir. I rise to second the amendments to the Anti-Doping (Amendment) Bill. From the outset, I must say that if there is one thing that brings Kenya together – makes us equal, has no equal – it is athletics. Therefore, if there is one time we must show patriotism, this is one of those occasions. I am, therefore, privileged to second these amendments. I have gone through the amendments and did not find anything offensive; it is just a question of tidying up the Bill. However, there are fundamental points that must be raised in the definitions. There is improvement of the definition of a national level athlete in contradiction to a county league athlete. These are definitions which were not previously in the Bill. For those who understand legislative drafting, this is a way of tidying up a Bill. I must point out that I have found something very interesting. The definition of drug trafficking is: “Selling, giving, transporting, sending, delivering or distributing, possession or possessing, for any such purpose, a prohibited substance or prohibited method either physically or by any electronic or other means.” I have found it very interesting that you can actually traffic through an electronic method. As we deal with this issue, we will have very many challenges, because trafficking electronically is something very interesting. As we continue interrogating this Bill, the Senate and the National Assembly must be aware of the things that have been included, which might, of course, cause us some problems. Under Clause 11, a tribunal has been set up. That tribunal is guided by a code, international standards established under the code, the 2005 UNESCO Convention against anti-doping and the anti-doping rules amongst other legal sources. I will ask the Committee to interrogate whether this clause in itself is an exclusion of Kenyan law, because then we would have a problem about what would happen once we appeal. Under the new dispute resolution mechanism, there appears to be an appeal mechanism. I do not know whether that appeal mechanism will also follow the same process of the UNESCO Convention against doping in sports or there would be other rules, although the Cabinet Secretary has been given an opportunity to prescribe rules to effect this section. I agree with the amendments proposed in Clause 6. I raised an issue about the definitions of “authority” and “agency.” There appeared to be a conflict about who the “authority” is and who the “agency” is and what the agency and authority would do. It is this agency that is given the authority to investigate. That is the issue I had with the original amendment. Similarly, if you look at Clause 5, there is a new amendment which will introduce something very unique, that other than stopping doping, called ‘promotion of anti-doping education.’ Mr. Deputy Speaker, Sir, similarly, the original Bill had a problem in Clause 23 which has now been amended to have a sports administrator who is a retired sportsperson. It was about the qualifications of who sits in some of those committees. In The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Sen. Mutula Kilonzo Jnr. I will now propose the question.

Mr. Deputy Speaker, Sir, I stand to support this Bill. Let me start by congratulating both Houses of Parliament for setting aside business last month and passing this Bill because of the timelines that were involved, the international deadlines as well as the possibility and the risk of having our good athletes locked out of the impending games. Having said that, I want to disagree a little bit with the Senate Majority Leader on his view that while passing this Bill today, we should just consider the proposed amendments coming from the international community. I want to insist 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, this Bill on anti-doping should be passed immediately so that we have athletes who are ready to represent our country in Brazil. They should have the confidence to compete with other competitors. You will realise that Kenya is admired by very many countries because of its prowess in sports. Recently, we had a very successful performance by the Rugby Sevens Team and they posted very good results in Singapore. Our athletes have always emerged victorious in the World Athletic Championships out there and many countries are not happy with our successes. This could be one of the areas they would want us to appear as if we are not complying. Therefore, we should pass the amendments that are supposed to be passed, so that our athletes continue making us proud. Mr. Deputy Speaker, Sir, you will realise that it is during the time of international games that Kenyans put aside their differences. There are very few times you will hear a certain tribe or a region celebrating another one for doing something good. It is during such times that we really embrace nationalism. We should not lose sight of this especially when it comes to recommending the various amendments that are already in the Bill. I can confidently say that there are some countries in Europe which have barred Kenya from taking part in some of the events because the moment they take part, the hosting countries will never win. That tells you that Kenya is a country that is ready to do very well in sports. Some of these could be excuses from international agencies meant to bar Kenya from taking part in the Olympics. I can also remember that Hitler refused to hand over the gold medal after an American Negro successfully won 400 metres in 1936. That can tell you a lot about what people think about the African athletes and footballers and anybody else who is doing well. So if this is the area they think that they are going to stop us from winning, let us amend the law as required, compete and beat them just the way we won the Rugby 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. (Dr.) Machage.

Thank you, Mr. Deputy Speaker, Sir. As I support this amendment Bill, there are few observations I would like to make. Indeed, English is not a mother-tongue to most of us. Most Kenyans would interpret English statements or words into their native languages and, thereafter, re-interpret them back to English to set the meaning of what they had in mind. Had the drafters of the original Bill attempted to write it in Kiswahili, they would have succeeded. They should also have had the African English at the back of their minds when they were interpreting language at the international forum. It is a shame and an embarrassment on the part of our drafters here at home, who have shown that they do not meet international standards. The visiting teams that are with us here today are learning something out of this. I have been informed that they are on a nine week learning course. The visiting team should have seen how poor drafting can embarrass this country. In my understanding, our drafters wasted the time of the National Assembly and the Senate in a manner that we may not have wanted to. We would have spent this time today discussing other matters if the drafters had cared to pick on the thinking of UNESCO anti-doping programs. However, after laying blame on some people, I am happy that we have been given the opportunity to meet the international deadline that was sought by our Cabinet Secretary for Foreign Affairs. This would have been a crisis for sportsmen and women of this country to miss such a highly respected event like the Olympics games slotted to take place in Brazil. The envy from countries, as has been put by the Senate Leader of Majority may be far-fetched, but if that is true, then it is unfortunate because knowing the virility of Kenyans, we are likely to produce more and better athletes in future. In future, they should be ready to see faster runners from Kenya. We have not reached our limit. They should remove envy and jealousy out of their mind. We still remain the top three international countries that have had good anti-doping laws. It makes no sense for this agency to have picked on Kenya. We think the issues raised are trivial, for example, defining the word “attempt”. If you have to look at the Cambridge Dictionary or any international dictionary, the word ‘attempt’ has different meaning depending on the type of dictionary you are using. That was unfair. Thinking of removing people like the Attorney-General from certain committees is neither here or there. Many able Kenyans can be able to do that. There was also concern on the definition of the phrase ‘healthcare’ practitioner. That phrase is finding itself in many medical documents. We should have not used such general terms. We have to decide and pick the one we want. We either have a qualified medical practitioner registered by the Medical Practitioners and Dentists Board or a 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. Cheruiyot.

Mr. Deputy Speaker, Sir, thank you for giving me this chance. I rise to support this Motion and I do so especially coming from a county that is blessed to have the first Kenyan to win an Olympic medal. I know what the Olympics means to us as a nation. It would have been a great tragedy if, as legislators of this nation, we had not rectified the challenges that we are facing. We know the history of what happened until we have found ourselves here today. That is not strange news to any of us in this House. We do understand the challenges before us. The reason I personally go out of my way to have our athletes participate in these international competitions is because I know that it is a source of livelihood to them and others as well, just the same way politics and many other businesses that I do are a source of livelihood. If this was going to threaten the whole economic mainstay of certain regions of this country, it would be absolutely wrong. As leaders, we are always called upon to rise to the occasion in certain instances. As much as we feel that this international body has pushed us to a certain corner, let us be sincere with ourselves and accept that we have watched even local investigation series. I do remember what the sports journalist from Citizen Television did under the title: ‘Poison Spikes’, if I am not wrong. We must agree and accept that doping is real and it was beginning to creep into this country and threatening careers of many young people and affecting their psyche. It does not necessarily affect only athletes, but even those people who depend on them for their survival and also the country as a whole. We know how things are done when it comes to the selection of a national team. Athletes are under pressure to excel. Many of them have fallen prey to such malicious traps set for them by people who do not mean well for this country. Once we have this law in place, I am sure it will deal with issues of doping in this country. It is for that reason I am supporting this Bill. I wish that we expedite this process. I hope that the agency that will be tasked to implement this Act will live up to the spirit and word of it, so that we protect our athletes and the image of our country. With those few words, I beg to support. 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, thank you for giving me this opportunity. Last time we were here with a very clear conscience and passed this Bill to facilitate our athletes to continue with their growing international dominance in sports. Mr. Deputy Speaker, Sir, this whole idea about doping and anti-doping is about making the playing field equal. We also need to level the playing field in both politics and sports. It is a betrayal for you to lead the world in a certain arena and to be told you did so through deceit. Today we have Lance Armstrong, a renowned world cycling champion who has seven times dominated the world of cycling. I was actually one of those who celebrated him for his exemplary performance. However, I felt extremely betrayed by the fact that he had improved his performance on account of deceit. It is total disgrace for him. We need fairness in our sports arena. If we must win fair and square, then there must be some fairness. Kenyans are an extremely gifted group of athletes and therefore, we must protect ourselves from people who want to cast aspersions on our victory. We have been winning since time immemorial. As Sen. Cheruiyot said, I read somewhere that Kipchoge Keino won when our nation was basking in the glory of Independence and we hardly knew anything to do with drugs. We must continue to robustly protect the excellence of our athletes in the international arena. If it means making a few concessions to the international bodies, it must not be construed that the mistake of a few people in presenting a Bill that does not meet international threshold was a mistake of this Parliament or a desire of this country to cheat. In fact, the President should ask the person who deceived both Houses of Parliament by bringing a Bill that did not meet international threshold to bear the consequence. This is because the perception was that Kenyans were interested in subverting the international standards so that our performance is based on anything less than the quality of our athletes. People who want to deceive us in terms of athletics are evolving almost on a daily basis. The other day, I read in the media about a young man from the Netherlands who has fitted a motor on the back wheel of his cycle to excel in his performance. Unfortunately, we have now moved a notch higher to “technological doping.” He was using technology to fast-track his performance so that he could win. This is a 19 year old young man. He wanted to lie to the world that he was a successful biker by simply enhancing his performance. Unfortunately, if I relate that kind of deceit to Kenya, it is also something that we locally do. Parents buy their children examination papers to excel in their performance. So, parents also lie to ensure that their children get grade “A” to be admitted to universities only for them to produce substandard professionals in this country. Mr. Deputy Speaker, Sir, this country must, therefore, take a resolution to gag everybody who tends to corrupt our institutions by all means. This means that those who try to corrupt our sports, including sports administrators, must face the consequences. In addition to this doping legislation, Kenyan sports are poorly managed. One day we do well in cricket, but the next day, we lose. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senators. Sen. Murkomen, do you want to contribute?

Mr. Deputy Speaker, Sir, I stand here to congratulate this House for the work we did last time in so far as this Bill is concerned. I want to congratulate the Senate because many people have said that this House cannot rise to the occasion especially when things are supposed to be passed expeditiously, but within a span of less than six hours, we dealt with this Bill having been advised that it could not be changed--- I remember certain Members suggesting that certain things need to be put in place and we were advised that we did not have to change anything because the advice of the institution that is oversighting matters related to sports, that is WADA, needed the Bill as it was. I agree with the incoming governor of Mombasa, Sen. Hassan, that we were either duped or doped. We did it in good faith because we wanted to ensure that our athletes are not locked out from the competition in Rio and other places. The arena of sports is very competitive but our athletes are doing well. As I have said before, there is an assumption that doing well is automatic. People do not understand that these athletes put a lot of time and effort in personal training with very little support from the Government. They put a lot of effort in training including running in the morning, at night and during the day. I know this because world champions like Japheth Kimutai and William Chirchir are people I know. I know that these are men and women who do not sleep. They wake up at 4.00 a.m. in the cold of Iten to go and run. They put in every effort to ensure that they succeed. I am sure that there are bad elements through collusion from coaches or men and women who pretend to be coaches and yet they teach our youth bad habits. Most of these youths have no knowledge about doping. They have no access to these drugs. The real drivers of doping are foreigners. Therefore, our athletes need protection. There is a moral hazard that since there is a benefit for the person coaching and even there is a higher benefit if the athlete wins - they are the ones who, without the knowledge of the athletes mislead them to use certain drugs as treatment for muscles or as part of the good menu. Ultimately, their intention is to get money if the athlete is going to win. It is important for us to rise to the occasion and provide a clear legal framework that is acceptable globally to protect our athletes. Actually, using drugs or doping is cheating. This is a culture that we must get out of in our country. It is the same mentality that leads to corruption, rigging elections and so on. The most important thing is to deal with our moral values as a country to ensure that we adopt the strategy of winning fairly. There is something that we can learn from our athletes. When they compete, they do not think about their tribes and so on. There is a time last year, we went for the world champions and 70 per cent of the gold medals came from a small circumference in my county but it did not feel as such to any Kenyan. 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. Is this young Senator in order to continue exhibiting unhelpful excitement---

Sen. Wetangula we have now gone through that before. You must refer to Senators with their names.

Mr. Deputy Speaker, Sir is Sen. Murkomen of Elgeyo Marakwet in order to continue exhibiting unhelpful excitement over matters he does not understand? The other day he tweeted that Julius Caesar was buried by his killers. I hear him quoting the Bible. I do not know if he knows that Jesus was not buried by his killers. The things he is talking about are very grave. He 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, the presidential candidate of Ford Kenya was smiling while responding to that. There is nothing for me to respond to. He has just come from a very important consultation in State House. The Kenyan people must also have the chance to sit down together. He had a wonderful camera moment and a good photo moment. Kenyans can see all over the country. The former Prime Minister was excited and smiling. This is the kind of Kenya we want. The only caution is that we must learn from our athletes. When Usain Bolt is running and competes with Justin Gatlin, they hug each other at the finish line. The UEFA Champions League final was between Athletico Madrid and Real Madird, when the game was over, Diego Simeone and Zinedine Zidane hugged and congratulated each other. This is the kind of leadership we need in this country. Once one is defeated, you must wait until another competition comes. One should not sulk every moment lamenting about the referee. We should not be on the streets every now and then.

If one wants a moment to dine with the President, it is their right. It is their President. There are no two Presidents in this country. This country has only one President and many leaders of Opposition. This is the nation we want so that we can unite the country.

Order, Sen. Murkomen! What is your point of order, Sen. (Dr.) Machage?

On a point of order, Mr. Deputy Speaker, Sir. Whereas I appreciate the youthfulness of some Members of this House, would it be in order for maters of national importance like seeking dialogue over the current crisis that is boiling and incubating this country, to be trivialized with that kind of discussion in this House? Is he in order?

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. Murkomen in order to talk about things that are not relevant to the Anti-Doping Bill that we are discussing today?

Sen. Murkomen, what is your response?

Mr. Deputy Speaker, Sir, there are great lessons in this country we can learn from sports that can take this country forward. Sen. (Dr.) Machage has raised a very important issue. I was asking Kenyans why they are fighting each other. Look at us. We dine together. We politicians sit together when invited to State House. Kenyans are stoning each other. Their children are dying. The sons of politicians are not in the streets. Kenyans should learn from today going forward that they cannot be used 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

Order, Sen. Murkomen! Sen. Ongoro, what is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. Is the Senator for Elgeyo-Marakwet in order to continuously mislead this House and the nation by giving irrelevant examples between athletics and reckless competition in this country, where the winner is never given the right to lead? You cannot continue misleading us by comparing the athletes who compete and win honourably with the politics of this nation. In the Tenth Parliament, I was fighting side by the side with the Deputy President.

Order, Sen. Ongoro! You are on a point of order.

Mr. Deputy Speaker, Sir, we were in the streets together. When Sen. Murkomen, who is a newcomer in politics insists that fighting certain battles by picketing and demonstrations - which is provided for in the Constitution - is something akin to not accepting or not dialoging, is he in 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

Sen. Ongoro, I hear you. In my view - since you are asking whether he is in order – I think he is just being analogical. You may not agree with his analogy, but it is a matter of debate. You can take issue with him, but I think he is just giving an analogy, as he understands it, between sports and politics. That is the way I look at it.

On a point of order, Mr. Speaker, Sir. Would I be in order to advise Sen. Murkomen?

Mr. Deputy Speaker, Sir, I did not say that. I want to advise Sen. Murkomen that what he is attempting to do is not healthy, especially when we are getting an opportunity to have the two sides of leadership of this county come together. I would advise the young Senator to read some wisdom from me and desist from doing that.

Mr. Deputy Speaker, Sir, whereas I recognize what Sen. (Dr.) Machage has said, my advice was to Kenyans. I am telling them the truth of what I have seen in politics in the last three years. We, in politics, lie to the rest of the citizens that we do not talk. We use them as playing sticks to achieve what we want. I am telling them to leave us who are in politics to talk. They should not join in the game of fighting. That is my advice to Kenyans. These are words of wisdom; that Kenyans should leave politicians alone. We are capable and able to sit and change sides anytime. That is the message I was trying to pass. Sen. Ongoro, the summary of my message is that we should get rid of doping in politics. Thank you.

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity. I beg to support this Bill, even though some definitions are yet to be clarified. This is an international document that will affect our citizens both locally and internationally. Nothing should be left for people to interpret as they wish. The definition of the word ‘trafficking’ is still disturbing. I have been thinking of what “other means” could be. It could be selling, giving, transporting, sending and other means. There is also the issue of sending electronically. Section 2(f) also provides that this definition shall not include the actions of bona fide medical personnel involving a prohibited substance used for genuine and legal therapeutic purposes or other acceptable justification, and shall not include actions involving prohibited substances which are not prohibited in out of competition testing unless the circumstances as a whole demonstrate such prohibited substances are not intended for genuine and legal therapeutic purposes or are intended to enhance sport performance. What do they mean by “out-of-competition?” The definitions that they have included are broad. It could be interpreted that an athlete who has used some substance that is considered to be prohibited could lose their medals even when they have trained well. Unfortunately, the Bill is being rushed. I would have loved a situation where w ananchi of Kenya are given a chance to scrutinize it. They should ask to be given 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

For all the good reasons.

For all the good reasons, as he says. I know this because I come from the former Western Province and they are our in-laws. This substance is used by general people. If it is able to boost performance it should not be said that it interferes with the athletes from there. Those married to Luhya men who take mkombero should be more concerned about Kenyans being put through the anti-doping processes and their medals being taken away from them. I am more concerned about the traditional things, which should be looked into carefully. I am sure this will affect so many Africans. I am sure that every country has some traditional herbs. Our brothers and sisters from the pastoralist region of Maasai hawk a lot of traditional herbs, which help them in their daily lives, including strengthening their bones and appetite. The proposed New Section 41 B provides that each sports federation shall have rules and regulations. It also states that paramedic personnel should agree and be bound by the anti-doping rules. I would insist that these rules must be clear. We need public participation because Kenya is a country of athletics. Anybody from any part of this country can compete in sports without necessarily having a manager, elite or professional. If people do not know the rules, regulations and code of conduct, why should they be penalised and told that they disobeyed them? This Bill should not be rushed in Parliament without explaining to wananchi what it is all about. I do not know who was sleeping on the job that led to rushing of the Bill. Clause 14(6) talks of an athlete or his support personnel who violates any of the anti-doping regulations and they go ahead to state the whereabouts or failures. What whereabouts are they talking about? That statement is vague. Everything should be made clear because this is a legal document. It should state the means. We should not leave things to chance that some malicious person can decide to look for the whereabouts, failures and penalize us for it.

Madam Temporary Speaker, possession of a prohibited substance or method is also talked about. We need to know those prohibited methods that are stated in the Anti- Doping Act so that we do not punish Kenyans. There are people whose lives depend on this. We have seen where nations have been developed through sports. Athletes have brought about development in Elgeyo-Marakwet County and Rift Valley region as a whole because of their prowess in sports. That is where they derive their income. We should not take things for granted. It is unfortunate that Sen. Murkomen has walked out but playing around with such serious issues that is a livelihood of many people is unfair. Athletics have raised the Kenyan flag in many forums. Therefore, we should not be joking around with this matter. 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

Madam Temporary Speaker, I rise to support this amendment Bill. I would like to echo the spirit in which the Senator for Mombasa County, Sen. Hassan, expressed himself. It is common knowledge that the only sector that Kenya is known for internationally is the sports sector. especially athletics. It is in the long distance races that Kenyans shine everywhere in the world. Whenever we travel, no one asks us about Ministers, tea or coffee in Kenya. Even those who do not speak English have seen Kenyan athletes on television. Therefore, this is one of the most important sectors in Kenya. The athletes should be the owners of Brand Kenya because they market Kenya more than the advertisements we pay for on CNN or hiring image promoters from countries like the United States of America (USA) or Britain. That money can be used to promote sports because it gives Kenya the image that we have been unable to get through other sectors. Madam Temporary Speaker, Rugby is also an upcoming sport that should also be supported because it could also be affected by the same challenges that we have noticed in athletics. The doping rumour was denied for a long time and it is only recently that the problem was acknowledged. As other Senators have said, cheating has now become a Kenyan culture. Some people cheat in examinations. The Cabinet Secretary in charge of Education had to take some drastic steps that included banning parents from visiting their children in schools to avoid leakages and stealing of exams. This Bill is meant to bring about a system that will bring honour and integrity in our sports. It is for that reason that I support the amendments. It is very unfortunate that we were called in a hurry and passed the Anti-Doping (Amendment) Bill (National Assembly Bill No. 17 of 2016) which was later found not to meet international standards. I hope that with these amendments, those standards are going to be met and that our athletes will not be treated with suspicion when participating in international races. Madam Temporary Speaker, there is a lot of racism in sports. Not everyone out there is happy when Kenyans win every race. If they could find ways of proving that Kenyans are corrupt and engage in doping, hence the reason we have been winning races over time, they would be very happy to expose us. We have to prove as a country that we are winning fairly and squarely and not through any influences. I am in agreement with the Senators who have said that it is sports that unite Kenyans. Whenever we watch athletes on television carrying the Kenyan flag, we feel proud even though we do not come from that part of the country that participates in those races. I am always proud to see that a Kenyan has won a race especially when they take the first three positions. They could be Kalenjins from small villages that Sen. Murkomen mentioned but to me, they are Kenyans. That is the spirit that we should promote. Madam Temporary Speaker, I disagree with Sen. Murkomen who tried to lampoon the Senate Minority Leader for going for lunch at the State House today. The days when we used to avoid State House for fear of being told that you have eaten Ugali 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

Okay, that has been corrected. Proceed, Senator.

Madam Temporary Speaker, at the Committee Stage we should examine how to strengthen the Tribunal by clarifying the procedures that it will use so that justice is not only done but seen to be done, especially with regard to serious allegations on doping which might not be properly established. Madam Temporary Speaker, lastly, I would like to appeal to all athletes in this country and other sports people to consider using miraa. It is not a drug. I recommend it for our sports people. It will give them strength, lift their spirits and give them stamina in the field. They will not run the danger and risk which is being handled by 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

Madam Temporary Speaker, allow me to also contribute to this Amendment Bill. Before, I go to the Bill, I wish to say the following: My brothers hon. Raila Odinga, hon. Kalonzo Musyoka and I were invited by the President to meet as leaders of this country. We were invited to a luncheon hosted in honour of the visiting President of the Republic of Korea. We attended the luncheon. People may be wondering where our brother hon. Kalonzo Musyoka is. He is out of the country in China on an official/ private visit. He is fully in the picture of the invitation and the discussions that we had. Secondly, after the luncheon, my brother hon. Raila Odinga and I met with the President and his deputy. On the table was the issue of how we can engage as the leadership of the country to address issues that are affecting the country including that of the IEBC. We had good but inconclusive discussions to the extent that we agreed to meet and discuss further before we reach a level where we can put up teams possibly to look at the issues within the Constitution and other administrative structures that portend bottlenecks and hindrances to having a peaceful, cohesive country that can go to elections without disputes and many other things that may not be part of elections. Therefore, I am saddened when excited young Senators like Sen. Murkomen make fun of an otherwise very important issue and laugh until his last tooth can be seen as if it is a discovery or innovation for leaders to meet. Leaders all over the world meet. It is this cheap excitement that can otherwise make things that are fairly well founded and well-meaning look like they are secret and as if people are undermining or betraying the people they work with. Madam Temporary Speaker, I have a son who I have been going to the demonstrations with. So, when somebody stands up and says, “Where are their sons?” Who in this country goes displaying their children everywhere and say, “For avoidance of doubt, this is my son.” I have seen hon. Raila Odinga coming to the demonstrations with his daughter. You have also seen. I have also seen hon. Kalonzo Musyoka come to demonstrations with his sons. I have also gone with my son and we have inhaled the wicked teargas that has been thrown at us together. So, I encourage that humility is a virtue. It helps much more to build bridges than exhibiting unhelpful excitement and arrogance that does not take us anywhere.

Sen. Murkomen, what is out of order?

Madam Temporary Speaker, on a point of order. Is it in order for the Senate Minority Leader to put words into my earlier contributions? I was clear that politicians on both sides; ours and his, must not use the public and citizens as a bait to get them to the table. As I said, we must speak as politicians and not at the expense of the blood of Kenyans.

What exactly is out of order?

Madam Temporary Speaker, the Minority Leader is trivializing an important contribution I gave in this House in so far as the fact that they met with 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

Madam Temporary Speaker, you were sitting here when you heard the distinguished Senator for Elgeyo-Marakwet speak, even cynically saying we were all smiling. Did he expect us to meet the President crying? What did he want us to do? He said that he saw us smiling broadly. It is not that he is complementing us. You know what cynicism means in life. He is being cheaply cynical about a very serious matter, because people have lost lives. People are still angry in this country and we are trying to reduce this anger and tension. My distinguished brother, Sen. Murungi was there, and has spoken very well. He did not pour vitriol on our meeting, neither was he cynical nor made it appear as if we were privileged or angling. He spoke very soberly and I appreciate what he said, because we have walked this path before in 1996-1997. We sat on the Inter-party Parliamentary Group (IPPG) when the country was on the brink of a precipice. Instead of somebody standing here and saying, we saw our leaders meet and that is the direction to go, you start telling us about Usain Bolt and whatever. These are things that are totally irritating and unhealthy. Let me go to the Bill.

On a point of order, Madam Temporary Speaker.

Sen. Ongoro): Let me allow you that last point of order. Stick to what is out of order.

Madam Speaker, if the Minority Leader is the leader he is trying to profess, he would have addressed me with respect, particularly when it is on matters of his personal interpretation, as to whether or not I was cynical. I did not say that only the Opposition was smiling. The President, hon. Duale, and Cabinet Secretary Nkaissery were all smiles. I was not trying to talk to politicians. That was an indication to Kenyans that we have been and are always talking to each other. My message was not to Sen. Wetangula, President Uhuru Kenyatta, or the Deputy President. It was to Kenyans, that you cannot be held at ransom by politicians. We are capable of engaging and we do not need bloodshed in order to engage. I conclude by telling Sen. Wetangula that I am among the few Senators that have welcomed his presidential candidature and I am willing to listen to his manifesto and support him. Instead of him using that opportunity to invite me to support him, he is chasing me away.

To the best of my knowledge, I think we are all in agreement in this country that the Opposition has always sought for dialogue which the Jubilee Administration has not accepted before and so, when we see indications akin to dialogue, we should all treat it with the decorum it deserves and wait for the leaders to dialogue but not vilify. We might stop a good process. Proceed, Senator and now dwell on the Bill.

Madam Temporary Speaker, I will dwell on the Bill. For my brother, Sen. Murkomen, for whom I have great respect, it is unlikely that he will stop carrying William Ruto’s briefcase and support me.

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Proceed, Senator.

I know that Sen. (Prof.) Kindiki is a very good student. I am sure he will see through the things that we are saying at a later stage. Like I said, he does not get excited and make statements that infuriate people. Madam Temporary Speaker, Clause 31(4) states that disputes involving national and county level athletes, athlete support personnel, sports federations, sports organisations, professional athletes and professional sports persons shall be resolved by the tribunal both at the first instance and at appeal. I have never heard of a trial tribunal sitting at the first instance and then sitting as an appellate tribunal. All they are saying is that it will reconstitute itself from a tribunal of first instance and then sit on appeal. That is like having the first and second chamber. That is unacceptable. It is not even in keeping with the rules of natural justice. I will have no difficulty where, for example, an appeal for an athlete of international stature like Rita Jeptoo, the one I call my son, Ezekiel Kemboi, or other great athletes go to the international tribunal. However, the same tribunal that has convicted you will sit on appeal to determine whether they convicted you properly or not. This is not fair and this has to be changed. If the international instruments do not oust the jurisdiction of our local courts, then the natural course of events is that an aggrieved party should have audience at the High Court. Most tribunals are quasi-judicial and, therefore, subject to the supervision and appellate authority of the High Court. So, I encourage Sen. (Prof.) Kindiki to look at this very critically because what we are trying to do is to entrench unfairness, prejudice and dictatorship because we probably do not know. There is such serious dictatorship in the management of athletics in this country that the Government must look into it. When we went to London for Olympics, I witnessed athletes being housed in some shadowy village and given an allowance of about USD200 or USD300 per day. The administrators that we have said have never even been known to jog live in 5 Star Hotels and pay themselves USD3,500 a day, living on the sweat of the young people. We need to bring sanity to this sport. Madam Temporary Speaker, you can see how much money a footballer like Wanyama is earning. Our athletes are more famous than Wanyama and they could even be earning more but who gets the money? There is a person called Velsian and another one I cannot remember the name. These are the same people who lead athletes down the dangerous path. So, I would like us to seal all the loopholes. 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 information, Mr. Temporary Speaker, Sir.

Senator, do you wish to be informed?

Yes, especially by the retired judge.

Proceed.

Madam Temporary Speaker, I want to inform my senior colleague that the World Anti-Doping Agency (WADA) is part of the United Nations (UN) body and, therefore, it confirms itself as an independent body, just like the Fédération Internationale de Football Association (FIFA) which has its own rules and regulations. These regulations ought to be followed to the letter. Any interference either by the Government or any other party is not acceptable. Incidentally, that is how international agencies operate. It does not exclude WADA. I believe when my senior brother and one of the outstanding counsel in this country says that it is unfair to have this kind of tribunal, I believe this was some kind of copycat from the WADA rules and regulations.

Thank you, Senator. Proceed Sen. Wetangula.

Madam Temporary Speaker, I thank my distinguished colleague for the information but I think we are saying the same thing. Sen. (Prof.) Kindiki should look at the appellate structure and see if there is a dispute that goes beyond the internal mechanism. They have a tribunal out there like FIFA. The tribunal that tried and suspended Michel Platini and Sepp Blatter, was not their national tribunal but rather the international tribunal in Switzerland. I am sure that the international tribunal can and should have jurisdiction to hear matters that come from states that go beyond the dispute mechanism of the said states. Madam Temporary Speaker, in any event - this is something that we need to point out - under Article 2 of our Constitution, every international treaty and convention that we have signed becomes part of our law and must work in conformity with our legal system. I know the sensitivity of FIFA and all these bodies. I hope the team that went to Canada, that included Sen. Madzayo, Sen. Munyes and the three Cabinet Secretaries - from what I read in the media - had good engagement and brought exactly what we ought to have had in the first place. Secondly, there must be some lapse somewhere. If what we are told here by Sen. (Prof.) Kindiki, is true and I believe so, that this was copy-cat legislation, who edited it to make it unacceptable? Who removed the clauses that made it unacceptable to WADA? If it is the Ministry, they must bear responsibility, if it was the Attorney-General’s Chamber, then they must take responsibility. If it is the committee from the House of Parliament, where the Bill originated, they must equally bear responsibility for embarrassing the country and causing anxiety to our athletes. Can you imagine how the athletes who were preparing to go to Rio De Janeiro would react or feel if they were told that they may not go? They may either lose focus or become unstable and end up not running well. 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.Hargura.

Thank you, Madam Temporary Speaker. I would like to support an amendment to the Anti-Doping Bill which unfortunately, had to come back because of issues which are outside this Parliament. We are told it was to do with the drafters. As a country, we had cultivated an image of world champions, of world beaters like our neighbours the Ethiopians who we compete with. It is that image which is at stake through this kind of malpractice, which makes people doubt our prowess in athletics and which we have to protect because our athletes have attained what they have attained through their own personal efforts. We cannot allow them to lose because a culture has developed somewhere where everybody is put in the same basket. All athletes have to be checked, on and off competition, to make sure that they are not using any of the enhancement drugs or any substances. That is why we have to come in and make sure that we develop the necessary international laws and domesticate whatever is there, just like we are being told by WADA to do. This will ensure that we do not expose our athletes to any doubt, that is, whatever they are doing out there is due to their own capabilities and not being assisted by drugs or other substances. We have people who have done their best as we were told by Sen. Murkomen, that there are people who train in particular parts of this country to become world beaters. The other day I was listening to the British Broadcasting Corporation (BBC) radio, and they said that there is a village in Ethiopia, called Dekhogi near Addis Ababa with high altitude where all those Ethiopian athletes come from and not scattered throughout Ethiopia. These people have been training throughout from their youth. Kenyans are doing the same in Iten. So, we need to protect them by having the necessary The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, before we proceed, allow me to take this opportunity to give a communication.

Madam Temporary Speaker, I stand to support this Bill for the purpose of ensuring that our athletes participate in the forthcoming Olympics. I really cannot understand the reason for all this pressure by these international organisations. Kenyans are not afraid of any such laws as long as it will be fair and just to athletes. In any case, I believe that we are already signatories of the UNESCO Convention against Doping. Article 2(6) of our Constitution domesticates that Convention. We already have a law against doping in our statutes. We should now try to find out why we need to have another law in a hurry without even proper scrutiny to support that. We should be careful because, perhaps, the net is being or might be cast so wide, that it will even catch those athletes who are competent, but innocent arising from various provisions, some of which may be suggested here, as amendments. We are aware of other international legislations that have caused us problems. We are signatories to the International Criminal Court (ICC). However, some countries are not, but they want to use ICC to deal with issues in some countries. The Senate Majority Leader here indicated that, perhaps, there is a move to target us because we are leaders in athletics. To me, this sounds like we are also being taken as the examples. It is the same 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

Madam Temporary Speaker, I rise to support this Bill. For Kenyans, it came as good news when we finally learnt that we still had a window to pass this Bill in the amended form. That was when our Cabinet Secretary (CS) for Foreign Affairs and the Cabinet Secretary (CS) for Sports, Culture and the Arts, respectively went to present our case before WADA. We really congratulate them for the good job that they did. We especially congratulate our Cabinet Secretary (CS) for Foreign Affairs for the work that she continues to do internationally to make sure that Kenya is in a good rating globally. Many of us were almost in panic mode to think that Kenyans will not participate in this year’s Olympics because of this Bill. So, it is an important Bill for us, as a country, to pass and make sure that our athletes who continuously train and work hard will participate in the 2016 Rio De Janeiro Olympics. 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

Madam Temporary Speaker, first and foremost, I would like to thank all my colleagues who have contributed to this Bill. I beg to lay the following Paper on the Table of the Senate:- The Report of the Standing Committee on Labour and Social Welfare on the Anti- Doping (Amendment) Bill (National Assembly Bill No.17 of 2016).

The Senate Majority Leader, there being no more requests, you can proceed to reply.

(Sen. (Prof) Kindiki): Madam Temporary Speaker, I beg to move. I request that pursuant to Standing Order No.54(3), you defer the putting of the question to Thursday, tomorrow being a public holiday.

There being no quorum, it would be in the best interest for me to defer the putting of the question. That means that I will also proceed to defer the Committee of the Whole on the same, because we do not have a quorum. 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 No. 11 – Committee of the Whole.

The Chairperson of the Committee, Sen. Billow, is not in the House. Since the Senate Majority Leader is in the House, we will move to Order No.12.

(Sen. (Prof) Kindiki): On a point of order, Madam Temporary Speaker. With your permission, I request to be allowed to move Order No.13, because there is a way in which I had arranged to proceed with the Bills. There are so many Bills, some of which have even come today about 10.00 a.m. Even before we went on recess, there were five others. If it is in order, I request to move Order No.13.

Are you requesting that we defer Order No. 12?

(Sen. (Prof) Kindiki): Yes, Madam Temporary Speaker.

Very well. That is granted. Next Order!

(Sen. (Prof) Kindiki): Madam Temporary Speaker, I beg to move:- THAT, the Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015) be now read a Second Time. This is one of the Bills that are required to be in place, to align the forestry sector to the new Constitution of Kenya (2010.) The long title, therefore, describes it as an Act of Parliament to give effect to Article 69 of Constitution with regard to forest resources, to provide for the development and sustainable management, including conservation and national utilization of all forest resources for the socioeconomic development of the country and for connected purposes. 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

Madam Temporary Speaker, I rise to second this Bill. In so doing, first, I would like to thank most profusely the Senate Majority Leader, the Senator for Tharaka-Nithi who is also the spokesman of the Kingdom of Meru for ably moving this Bill. He has taken us through the Bill. So, I do not want to repeat what he has said. However, we all need to understand that there are about five key water towers in the country which are around the national gazetted forest areas that are being protected by this Bill. In addition to other benefits which are enumerated in the Bill, the entire ecosystem of the country, rainfall patterns, and agriculture would be determined by the manner in which we protect our forests. The Bill is not being discussed in a vacuum because a Forest Service Act which was enacted before the current Constitution already exists. There exists a Kenya Forest Service (KFS), which in my view, considering the past which I am aware of; where there was massive destruction of forests in this country, we should commend the current KFS. We no longer hear of massive logging and destruction of forests in our areas. Bhang was being planted in the forest. That has considerably reduced. Therefore, we have to commend the KFS for the good work that they are doing. This Bill brings the existing legislation in protection of our forests in line with the Constitution of Kenya, 2010. The main innovation that was brought by that Constitution is devolution. Right now, I cannot say that the devolved units of this country are in any way involved in conservation and management of forests in this country. There is plenty of confusion on the ground as to the roles of KFS and county governments who also have a mandate under the Constitution to participate in conservation and management of forest resources. So, I am very happy to note that under Clause 21 of this Bill, the county government is given a very specific role in the management and conservation of forests within its jurisdiction. Madam Temporary Speaker, what is missing in the Bill is the fact that in the constitution of the national forest service, there is no participation or representation from the county governments. Indeed, the representation is top heavy, it consists of the Chairperson appointed by the President, four Principal Secretaries, four people appointed by the Cabinet Secretary but there is not even one person in the KFS representing the interest of the county government. Therefore, it is our duty as Senators who represent county governments to amend this Bill in the Committee Stage to include representation of the county governments in the KFS. We have done it in the past. We have been considering the Fisheries Act where a similar mistake had been made. We had proposed that two or three people appointed by the Council of Governors (CoG) sit in the national service. Therefore, even in this Bill I recommend that amendments be made to include representatives of the CoG in the national forest service so that the interest of the county governments is taken into account even as they make the policies. Secondly, one of the areas of contention is that there will be various benefits that will accrue from use of forest resources. This is exploitation of wood, timber, licensing and granting of concessions for tourism and recreation facilities. However, currently, it is the Kenya Forest Service (KFS) which negotiates those concessions and sometimes pays 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, Senator. I will now propose the question.

Madam Temporary Speaker, from the outset, I take this opportunity to congratulate the Mover of this Bill who is the Senate Majority Leader. I still want to realign this to give effect to Article 69 of our Constitution. I have seen a number of issues which need to be catered for at an appropriate time. For instance, the proposed Kenya Forest College should be enhanced to have effect especially to counties. To achieve this, we should have campuses in every county so that it can be in line with devolved functions of our governments. Madam Temporary Speaker, we have had the same laws, especially The Forest Act, which gives effect to the operations of the KFS. However, we have had problems especially where indigenous trees and species have not been taken care of effectively. I hope that this Bill will not just be another Act of Parliament which will gather dust on the shelves. Secondly, you will realise that despite the fact that we have plenty of rainfall, Kenya is among the countries which have not attained the internationally required forest cover of 10 per cent. As Sen. Murungi said, this is an issue that we need to sensitise our people about, especially at county levels and schools, so that we work on this very important area which takes care of our livelihoods. Madam Temporary Speaker, the issues of forest personnel and others are very important especially to areas where there is conflict. Like where I come from, we experience cattle rustling between Bomet and Nyamira counties. The forest cover in that region is wide and is densely populated. I suggest that we establish a college and post well trained personnel to protect that forest. When cattle are stolen from the neighbouring communities, they are driven inside this forest. Youth from both sides could be trained as forest personnel. This will reduce cattle rustling in those regions because they would be engaged. Madam Temporary Speaker, as Sen. Murungi said, forests are taken care of by county governments. We all know agriculture is a devolved function. The County Executive Committee (CEC) members in charge of forests should come up with policies to operationalize this Act in county governments. Some leaders in this country have taken drastic actions to protect our forests. For example, the late John Michuki as a Minister for Environment took care of our forests. We have blue gum trees which consume a lot of water. We also expect leaders in 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

Thank you, Senator. There being no further interests in this Bill, I call upon the Mover to reply.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I take this opportunity to thank Sen. Murungi for his remarks during the seconding of this Motion in support of this Bill. I also wish to thank the Senator for Nyamira, Sen. Okong’o, for his contribution also in support of this Bill. It is hoped that when this Bill goes to the Committee, any amendments, including some of the suggestions that have made by both contributors, will be considered. In particular, I am in support of decentralization of the Kenya Forestry College (KFC). That college, as the Senator for Meru said, has been there for many years. It is a small college. I have reason to suspect the curriculum could also be quite restricted, narrow and old fashioned. It should be modernised because the threats to our forest cover and natural resources are changing with time. Even more importantly, challenges like climate change that are associated with how much forest cover we have, need to be taken on board in that curriculum. Even further critical is the need to infuse modern methods of management and conservation of forests. These include teaching our experts in forest management and protection on the roles of various levels of Government because we have never had devolution before. We only had a centralized system of Government. I am sure that as the decentralization of the college is envisaged, which I think is a good idea, it is also important to look at the curriculum so that we modernize it and put it at per with modernity. Madam Temporary Speaker, those are useful comments. Another comment which has been made is about public participation, especially with regard to community forests. The best people to protect forests are the people who live in the neighbourhood. There must be a way, through this Bill or even through the enabling legislation that county assemblies will pass in various counties, to recognise and utilize the local communities in the conservation and management of forests. What has ruined our forests is that over-securitization of forest resources by the government against the local communities. For example, if you are spotted collecting firewood in the forest, there have been cases of injuries where some are even shot or arrested. Yet, research has shown that if local communities can be encouraged to even access forests, utilize certain resources which are not harmful to the whole idea of forestry and forest management in exchange of giving information on forest invaders who cut trees illegally and do other criminal activities, then that would be a step in the right direction. For example, there is a lot of honey in forests. I see nothing wrong in allowing controlled honey harvesting by neighbouring communities in exchange for community involvement in protecting forests against other people who may want to cut trees, degrade forests or use forests for illegal activities. So, that area of community participation is an area that can be built on either through this Bill or even enabling legislation by various county assemblies as provided for in this Bill. 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, Senator. Again, because of the obvious quorum issue, I will defer the putting of this question even though you did not request.

Next Order!

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, given the time left; and given the Standing Orders that at least when a Bill is moved it must be seconded before time; and given that the time is 6.26 p.m., I beg that we defer that Order and the subsequent Orders where I appear. That is my humble request because of time constraints so that we can also have more time for Senators to ventilate on issues.

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Thank you, Senators. I am in agreement and that should go for the rest of the Bills. Two of them are for the Senate Majority Leader and he has already put across his request. Sen. Wamatangi and Sen. Wangari are not in the House. Therefore, it would be in the best interest that we bring this to a closure for today. THE MICRO AND SMALL ENTERPRISES (AMENDMENT) BILL (SENATE BILL NO.12 OF 2015) THE NATIONAL HOSPITAL INSURANCE FUND (AMENDMENT) BILL (SENATE BILL NO.9 OF 2015

Hon. Senators, it is now time to interrupt the business of the Senate. Since tomorrow is a public holiday, the Senate stands adjourned until Thursday, 2nd June, 2016, at 2.30 p.m. The Senate rose at 6.25 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