Mr. Speaker, Sir, I rise to give notice of the following Motion:- WHEREAS Article 43(1)(f) and 53(1)(b) of the Constitution guarantees every citizen a right to education and every child a right to free and compulsory basic education, respectively; NOTING that the Teachers Service Commission (TSC) is mandated to handle employment, deployment, remuneration and discipline of teachers in public schools in Kenya; CONCERNED that there are great disparities in the distribution of teachers in public schools across the country leading to oversupply in some schools and undersupply in others and ultimately leading to major teacher shortage especially in rural and marginalized areas; APPRECIATING efforts made by the national government to improve the teacher-pupil ratio to international standards in all public schools through yearly employment of teachers; FURTHER CONCERNED that the statistics on the number and distribution of teachers in public schools is not readily available; NOW THEREFORE, the Senate directs the Ministry of Education, Science and Technology to conduct a countrywide audit on the distribution of teachers in all public schools indicating the requisite establishment per school and the corresponding number of teachers who are in-post and further that the Ministry submits a report to the House on the matter within ninety (90) days. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I have two Statements to request. Pursuant to Standing Orders No. 45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Health regarding increased cases or Pneumonia and the resultant mortality especially of children under five years and the elderly. In the Statement, the Chairman should:- 1. Explain intervention measures put in place by the Ministry of Health to reduce the high prevalence of the disease in the county. 2. State when the Ministry of Health will conduct a countrywide vaccination exercise against the disease. 3. Explain why the Ministry has not invested in information dissemination on preventive and curative measures as a mitigation measure against the disease as is the case with other diseases such as Malaria and Polio.

What is it, Sen. Billow?

Mr. Speaker, Sir, I would like to ride on Sen. Khaniri’s Statement and ask some supplementary questions on the same.

Please, proceed.

Mr. Speaker, Sir, similar to Pneumonia and other mortality cases, there is concern about the outbreak of Cholera which in a county like Mandera has killed dozens of people; this is the case in other counties. Could the Chairperson indicate the role of the Ministry in both the prevention and control of epidemics across the country, with particular regard to diseases such as Cholera and the Chikungunya virus that have infested Mandera County?

(Hon. Ethuro)

Mr. Speaker, Sir, could I perhaps ask the Chair through his Committee to look at the current crisis in Mandera and probably report to the House on Cholera and Chikungunya that is spreading there very fast and to other counties?

(Hon. Ethuro)

Mr. Speaker, Sir, I do not know if you will allow me, but there is an outbreak of Yellow Fever in Mandera and other places. Unfortunately, there has been a shortage of the vaccine worldwide. I do not know whether I am in order to request the Ministry to also confirm that they have adequate doses for the Yellow Fever vaccine.

On a point of order, Mr. Speaker, Sir. Could you give us guidance on the questions that are being asked regarding health? I think those questions are supposed to be directed to governors because health is a devolved function in the Fourth 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. Ethuro)

(Sen. Wetangula)

(Hon. Ethuro)

Mr. Speaker, Sir, the Committee is seized of the matters that have been asked in the House and recognizes the seriousness of the issues in Mandera and Vihiga as they have been presented in the House. I will request my Committee 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

(Hon. Ethuro)

Mr. Speaker, Sir, we will take a week to bring the answer to the House.

(Hon. Ethuro)

Mr. Speaker, Sir, I have three statements to seek and the whole of last weekend---

(Hon. Ethuro)

Let me seek two

(Hon. Ethuro)

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2) (b) to seek a Statement from the Chairperson of the Standing Committee on Education regarding the funding of low cost public boarding primary schools. In the Statement, the Chairperson should; a) state whether he is aware that all low cost public primary schools in both West Pokot and Turkana counties are now closing down because no funds were released to them for the current term; b) table the list of all low cost public primary schools per county; and, c) state what measures the Ministry will take to address the problem and when.

(Hon. Ethuro)

Mr. Speaker, Sir, given the gravity of the question, we should be able to answer it in two weeks’ time.

(Hon. Ethuro)

It should have been one week but I am giving it two weeks.

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. Ethuro)

Mr. Speaker, Sir, I will try to visit them to find out why they are not doing that.

(Hon. Ethuro)

Mr. Speaker, Sir, I know a lot about what happens. Thank you.

Mr. Speaker, Sir, there was a report last week published by the Ethics and Anti-Corruption Commission (EACC) that was submitted to the Ministry of Education. It revealed that a substantial amount of the money for free primary education was actually being misappropriated and this affects these low cost primary schools the most. Could the Chair also look at the issue of the Free Primary Education (FPE) report that was submitted and tabled, showing the extent of the losses to the House?

Mr. Speaker, Sir, you are the only person who can ask me to give a report. When he directed the question to me, I had to wait for your guidance.

(Hon. Ethuro)

Thank you, Mr. Speaker, Sir. I should have started with this one because it is the first one on the Order Paper. Nevertheless, pursuant to Standing Order 45 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding the campaign against the manufacture and consumption of second generation alcohol in the country. In the Statement, the Chairperson should explain why the national government’s attention and funding of the campaign against illicit and second generation alcohol is skewed and has only concentrated in a few counties or regions yet this problem is in many parts of the country. Secondly, what is the comprehensive plan by the national government to fight illicit brews in the country and how are they going to provide a lasting solution to the predisposing factors that encourage the manufacture and consumption of these brews?

(Sen. Wetangula)

Mr. Speaker, Sir, allow me to ride on the same statement request. I would like to seek a clarification on the process of rehabilitation that the Government is putting in place. Whereas you can stop people from consuming illicit brews, the biggest problem is rehabilitation. People stop, give up and then in a couple of weeks go back again. So, could we be told what rehabilitation policy and systems are being put in place?

I will allow those two because they are not a burden to the animal. You can only ride when your weight is less than the one carrying you. They are related because one takes it forward in terms of rehabilitation plans and the other one is the conduct in which the campaign was carried out. These are relevant to the Statement. Where is the Chairperson of the Committee on National Security and Foreign Relations?

Mr. Speaker, Sir, under normal circumstances, the statement sought is valid and should be issued in a week’s time. However, because of the problem we have sometimes, I request that we be given two weeks.

It so directed. It will be issued in two weeks’ time. Proceed with your second statement, Sen. (Prof.) Lonyangapuo. STATUS OF THE LAST MILE ELECTRICITY CONNECTIVITY PROJECT

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to request for a Statement from the Chairperson of the Standing Committee on Energy regarding the last mile electricity connectivity project. In the Statement, the Chairperson should:- (a) State how many schools in Kenya, both Primary and Secondary, have been connected to electricity, and give the list per county. (b) State how many schools per county are on solar connectivity and explain why the Ministry of Energy and Petroleum is not performing the maintenance and operations including replacing the solar batteries fitted in the schools. (c) State when all the schools that are on solar connectivity and those that are not, particularly in West Pokot will be connected to the national electricity grid.

Where is the Chairperson of the Committee on Energy?

Mr. Speaker, Sir, I will respond in two weeks’ time.

It is so ordered. Proceed with your last statement, Sen. (Prof.) Lonyangapuo. 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 request for a statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget regarding the equalization fund. In the statement the Chairperson should state:- (a) How much allocation from the equalization fund was to go to West Pokot and Turkana Counties in the 2015/2016 Financial Year? (b) What projects have been identified to be funded using the Equalization Fund? (c) Explain why West Pokot and Turkana elected leaders have not been involved in the identification of the projects to be done using this Equalization Fund. (d) When will the concerned Ministry call a meeting to brief the elected leaders on the status of this Fund and the projects?

What is it, Sen. Wetangula?

Mr. Speaker, Sir, allow me to ride on that question by the distinguished Senator for West Pokot although some of the issues he is asking are in the law. The Chairperson should also inform the House where the Equalization Fund for the first, second and third year is. Is this Fund administered after allocation by the Commission of Revenue Allocation (CRA) through Parliament, particularly this House, or is it a discretionary fund to be dished out benevolently by the Executive? They say, “I have an announcement that the Equalization Fund is available to do projects here and there.” I do not need to go into the details. I am sure the Chairperson has heard this as well. Where is the money?

Order, Sen. Wetangula. Since you invoked the fact that Sen. (Prof.) Lonyangapuo asked matters in law, it means you also know the matters in law. If you wanted to know the genesis of the Equalization Fund, it did not begin with our term. It began with the promulgation of the Constitution of Kenya, 2010. Where is the Chairperson of the Committee on Finance, Commerce and Budget?

Mr. Speaker, Sir, this matter is of significant interest to many counties, particularly counties in the Arid and Semi-Arid Lands (ASALS) of this country; pastoralists communities whom I represent in some other capacity. It has taken so long for this fund to be operationalized. I will invite the Cabinet Secretary to a Committee to give explanation on issues surrounding the operationalization of this fund, and then I will respond to the House in two weeks’ time.

The statement will be issued in two weeks’ time. Those were statements to be requested. Let us now go to the statements to be issued. We will begin with statement (a). What is it, Sen. Njoroge?

On a point of order, Mr. Speaker, Sir. Before we went for recess, I had sought a statement from the Chairperson of the Committee on National Security and Foreign Relations regarding the last police recruitment. It was promised that the response will be given immediately we resume from recess. I have not seen it in the Order Paper.

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

It was supposed to be issued the first Tuesday after we resumed.

I order that it be brought on Tuesday, next week. I think the period expired during the recess and it was not scheduled. Let us have statement (a). INVESTMENTS MADE BY THE NATIONAL GOVERNMENT IN DEVELOPMENT OF SCHOOL INFRASTRUCTURE

Mr. Speaker, Sir, I am sorry that statements (a) and (b) have not been signed, and are waiting for signature at the Cabinet Secretary’s (CS) Office. I am still waiting for the two statements, and I will communicate to the House any time I receive them.

Sen. Khaniri.

Mr. Speaker, Sir, if we check in the records, I requested for these statements in early April and the Chairman undertook to respond in two weeks. It is now over two months. This excuse of, “the statements have not been signed” has been there I think the four times that the statement has come up. The Chairman has always said that the statement was ready but not signed. I think we should compel him to deliver them as promised.

Order! Order! Give the Senator the microphone.

Mr. Speaker, Sir, the statements are awaiting signature by the CS in his office, and that is the information I got at 2:15 pm today. I have been struggling to have them signed to no avail, but if the orders allow---

How long have you been struggling to have them signed?

Mr. Speaker, Sir, I am even waiting for them to come to me any time now. It is not my issue that I should fail to answer them. I am very good at it. I even have some statements here which have not been listed on the Order Paper, and I can issue them if I was to be asked.

Point of Information!

Senator Billow, who do you want to inform?

The Chairperson, Committee on Education. 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 been to both the PS and the CS offices’ and I do not know where they are. They are not there in order to sign.

Chairman, you are ordered to produce the two statements, signed by the CS, to this House on Tuesday afternoon.

Mr. Speaker, Sir, I am most obliged. I have others which are now signed; can I issue them if you so direct?

You may need to tell the CS that the business of this House is paramount. May be, he needs to reduce those visits he is making elsewhere. Let us move to Statement (c). PLANS BY THE GOVERNMENT TO BAN MITUMBA TRADE

Mr. Speaker, Sir, Statement (c) is not ready. They are still working on it. We have not yet gotten it, so I will ask for more time, with the indulgence of the Senate. We perhaps need another week.

Senator Khaniri.

Sen. Khaniri, you are also responsible for the accuracy. I think you asked for the other statements from the Committee on Education in May, because this is a House of records.

Let us have Statement (d), from the Chairman of the Committee on Transport and Communication. Yes, the Vice-Chairperson, Sen. Sijeny. POOR STATE OF ROADS AND BRIDGES IN WEST POKOT COUNTY

Two weeks from when? When was it due, and how much time had it been given?

It had been given two weeks and was due on Tuesday. 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

Last Tuesday?

Mr. Speaker, Sir, this week.

It is so ordered. Two weeks, but if you get the answer within one week, the House will appreciate. Let us get Statement (e). POWER FAILURE IN POKOT NORTH SUB-COUNTY

Vice Chairperson.

Mr. Speaker, Sir, the Statement is not ready, but will be ready by Thursday, next week.

It is so ordered, since Sen. Lonyangapuo had also stepped out. Which day of next week?

Mr. Speaker, Sir, on Thursday.

Let us have Statement (f) from the Committee on Finance, Commerce and Budget. THE LEGAL AND REGULATORY PROCEDURES IN RECEIVERSHIP OF BANKS

Mr. Speaker, Sir, I wish to issue the statement which was sought by the Senator for Nyeri regarding the regulatory and legal procedures for putting a bank under receivership. We invited the Governor to the Committee to discuss this matter. There is a very elaborate answer and I think the Senator has a copy. I will briefly highlight the key issues so that he can seek clarification where he can. It was an extensive discussion for which the minutes of the Committee are available. Many other issues and supplementary questions were raised and discussed at that meeting. The Senator had sought, one, the regulatory and legal procedures followed before a bank is placed under receivership and written procedures in communication that had to be followed. He had also sought to know the extent to which regulations were followed in placing Dubai Bank, Imperial Bank and Chase Bank under receivership. He further sought to know whether placing the said banks under receivership was the most appropriate course of action and whether it was the board’s decision or the decision of an individual. Lastly, he sought a clarification on the remedial measures that have been put in place by the Central Bank of Kenya (CBK) with respect to Imperial Bank. There is a legal basis for placing a bank under receivership by the CBK which is established under Article 231 of the Constitution and also anchored in the CBK Act. One of the principle objects of the CBK, as captured in Section 42, is to ensure liquidity, solvency and proper functioning of a stable market-based financial system, which is further elaborated in the Banking Act. Section 34 of the Banking Act sets out the circumstances under which the CBK may intervene in the management of a bank. The circumstances are:- 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, Chair! If the Member has a copy of the Statement, just do the highlights.

Mr. Speaker, Sir, the measures are listed in the Statement. The international best practices are also listed. The Member has a copy of the detailed response and can seek further clarification.

Mr. Speaker, Sir, I want to thank the Chairman for a very elaborate answer. The elephant in the room is in one of the statements he made; that is, “determination by the CBK to place the bank under receivership.” That statement is where the issues lie. Most of the answers given do not relate to the procedure, as it were, but the reasons why a bank can be placed under receivership. For example, I am aware that the period between when the directors of Imperial Bank Limited reported that they had noticed that there was fraud in the bank and the closure of the bank was very swift. I am also informed that there is a situation where Chase Bank was supposed to deposit the money required by the CBK within an hour or so; from about 4.00 a.m. to 6.00 a.m. In the determination by the CBK to put the bank under receivership, what exactly is followed within that statement? Is it the Governor of the CBK, for example, who makes a final decision and signs it thereof? I am told that at the time of the Imperial Bank going into receivership, even the Governor of CBK was not in the country. I could be wrong; I stand to be corrected. Is there some two or three people who then sit and say: “Given the circumstances, we have no choice but to place the bank under receivership”? Mr. Speaker, Sir, when you consider the importance of the financial sector in this country, I have no doubt about the capability of the current Governor, Mr. Njoroge. However, these are not rules or regulations that are made for an individual. It is not an individual but the institution that should determine these things. Could I get a clear answer as to who actually made that decision? We have no intention of interfering with the independence of the CBK to make those decisions; just to be sure that there is, indeed, a procedure which is signed off by somebody.

Mr. Speaker, Sir, that is a very important clarification sought by the Senator. It is because of that concern that our Committee has decided to investigate the circumstances under which Imperial Bank Limited was placed under receivership. In this regard, our Committee has already had a meeting with the Governor and is in the process of inviting the directors and other stakeholders in that bank, so that we can find out whether, indeed, the provisions of Section 34 have been followed properly by the CBK in placing the bank under receivership. We also sought to know whether the directors of Imperial Bank failed to comply with the issues that have been raised, for example, the recovery plan or the CBK did not act appropriately. We are in that regard investigating this matter and my Committee will table its report once we have concluded. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Next statement. DENIAL OF VISA TO MR. JOSEPHAT KIMEMIA

The Member is not here. Therefore, we will defer it.

The Member also not here. Therefore, we shall defer that.

The Member is not here. We shall also defer that.

Let us have the Senate Majority Leader issue a statement on business for next week. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 7TH JUNE, 2016

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I rise under Standing Order No.45 to issue the Statement on the Business for the Senate for the week commencing 7th June, 2016. On Tuesday, the Rules and Business Committee (RBC) will meet at 12.30 p.m. to schedule the business for next week. Subject to the direction of the RBC, some of the Bills that will be discussed include; The County Governments (Amendment) Bill (Senate Bill No.18 of 2014), The Petition to County Assemblies Procedure Bill (Senate Bill No.35 of 2014) and The County Outdoor Advertising Control Bill (Senate Bill No.11 of 2015). These three Bills are at the Committee of the Whole stage. We also have a number of Bills which are expected to be brought for Second Reading, including the Order of Precedence and Titles Bill and several other Bills, some of which were read here to the House on Tuesday. We have nearly 15 Bills and many of them have constitutional deadlines. So, I just want to implore colleagues to take this part of this session between now and when we go on recess at the end of July very seriously because we have a lot of work to do. I also The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

That is the end of statement time. Members, we can now proceed to the next Order.

Order, Members. Since we will have to go to Division, we are still waiting for the numbers to accrue. So, we will defer that until the requisite numbers have been attained.

Next Order

We shall also defer that one.

On a point of order, Mr. Speaker, Sir. I raised a point of order about the several Bills that are from the National Assembly and I am seeking more of direction to this extent. I can see in our Order Paper that we have prioritised matters that come from the National Assembly. I have heard the Senate Majority Leader mention that some of these Bills actually have constitutional deadlines. What is the position of the Senate Bills, up to 18, that are pending and lying at the National Assembly? If I may refer you to Order No.13, this House has passed a version of the Community Land Bill. Since they have decided to sit on the version that we passed, through your directions, their version is now on the Order Paper. 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. Onge’ra.

Thank you, Mr. Speaker, Sir. With your permission, let me also ride on that point of order at the risk of sounding like an old record. If I borrow words from Sen. Mutula Kilonzo Jnr., we have been in this House for over three-and-a-half years---

Order, Sen. Ongera. You do not need both. You do not need to ride on it but you can rise on your own point of order.

Thank you, Mr. Speaker, Sir, for that information. I stand guided. We have been in this House for over three-and- a-half years and have not legislated any Bill into an Act of Parliament except five of them. This is not because we have not been working. We have worked very diligently but over 18 of our Bills are lying somewhere in the National Assembly. Is it in order to fast track the work of the National Assembly? Are we here as errand boys and girls to fast track the work of the National Assembly when we know that they are sitting on our Bills? Secondly, this House is going to be judged at the end of the five year tenure by the kind of work we did as legislatures. One of our core duties is to legislate. It is not right for the National Assembly to continue sitting on our Bills yet we are fast-tracking their Bills in the Senate. Mr. Speaker, Sir, as I said last week, under the risk of sounding like an old record, time has come to call a spade a spade, and as the Swahili saying goes; kama ni kubaya,ni kubaya . It is high time that this House also takes drastic measures in looking at the Bills from the National Assembly.

Proceed, Senate Majority Leader.

(Sen.(Prof.) Kindiki: Mr. Speaker, Sir, I fully understand and support the decision that has been articulated very ably by Sen. Mutula Kilonzo Jnr and Sen. Onge’ra. I am in full support. However, as a leader in this House, I want to request the Chair to guide us whether it is in order for the Senate to go slow in its constitutional duties because somebody else is not performing their constitutional duties. I asked this because two wrongs do not make a right. I am very aggrieved and feel that the National Assembly has fallen short of their constitutional obligations. I am not sure, whether it would be in order for this House that prides itself as a House of reason and sobriety to sit on Bills because I do not think that is a strategy. These Bills do not belong to the National Assembly. These Bills are enacted on behalf, and for the benefit of the people of Kenya. In my own view, the Bills 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

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

(Sen. (Prof.) Kindiki): I would like to be informed by my neigbour and Senior, Sen. Musila.

Even as Senator Musila informs you, I would also add my thought processes. You have argued eloquently and justifiably as a professor of law. If your argument is that you should not be seen to be abdicating the responsibility, what is your comment on others who seem to be doing the same? Proceed, Sen. Musila.

Thank you, Mr. Speaker, Sir. My point of information to my dear friend and neighbour is that he is the Senate Majority Leader and the person who sits or influences the sitting on our Bills is the National Assembly Majority Leader who is his counterpart within the Jubilee Coalition. I, therefore, find absolutely no problem in our leader to influence and convince the other leader and ensure that what we take there is acted upon so that we reciprocate. I want to inform him that the rule of reciprocity entails that the two parties must respect each other, work together and reciprocate on issues.

Proceed, Sen. Elachi.

Thank you, Mr. Speaker, Sir. I think it is unfortunate for the Senate because all the Bills that have been handed over to us are constitutional Bills that have a deadline of 27th August 2016, and totaling 15. Right now, we are being bashed by the media just because of the Anti-Doping Bill. The biggest challenge we face as a House is that people perceive and think that the Senate does not work. It is up to us to be proactive and use the media to help us fastrack some of our Bills, like The Food Security Bill that is lying at the National Assembly. This is because when you go to the media now as a Senator, you will not be able to debate it. The most unfortunate thing is the way the Bills come in. These Bills with constitutional deadlines should not be listed as “National Assembly” Bills, but; “Parliament of Kenya” Bills because they are constitutional Bills. The Senate Majority Leader should be going to the State House after passing the Bills and witness when these Bills are being signed into Law. Sen. Mutula Kilonzo Jnr., politics in this country is perception. People will never know that the Senate, indeed, played a role in these Bills if Senators are not seen witnessing their signing into law. They do not know that the Senate played a critical role in scrutinizing the Bill and resending it to the National Assembly. We must also be proactive.

Mr. Speaker, Sir. I would like you to be very clear on the Bills that were passed and taken to the National Assembly and vice versa . This is because there are Bills that were passed though they originated from there and others that originate from here and somebody sits on it and brings us a similar Bill.

Precede 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. Speaker, Sir, I want to inform Sen. Elachi that being a leader in this House that there was a very important Bill that was signed recently by His Excellency the President concerning the youth. That Bill did not come to the Senate and the reason was that we delay the work of the National Assembly. When somebody says that a Bill on youth does not concern the Senate, we need to ask several questions. This is because when it has been signed, it becomes an Act of Parliament. How can you give an excuse for things that are ideally unparliamentary on how we should relate? It is now 12 months before the next General Election and the Senate Majority Leader, you are the one who carries the burden on your back for leading a House that passed only 6 Bills into Law for the entire period we have been in the Senate. The tragedy about it is that the works of the Senators sitting in this House, who have worked tirelessly in generating several Bills, has been put onto the back burners. This is because we have been fastracking the work of our sister House. The idea of being a gentleman for too long is going to be detrimental. We cannot sit for so long when we know that they are sitting on our constitutional right of legislation. You can give excuses about constitutional deadlines, when we all know that there was no reason for extending those deadlines under Articles 261and 262 of the Constitution. We are now going to fastrack our Community Land Bill which is sitting in another House and another version is here, yet you are telling us to fastrack. We are asking who our Senate Majority is, so that he can stand up.

Who is the Senate Majority Leader? Before we look for him, search, rescue and deliver him in person, let us hear from Sen. Bule.

Mr. Speaker, Sir, today, I am very different. As you can see, I am wearing my white clothes signifying that I am more than clean. This Senate has been misused. I categorically say we can never be used as a rubberstamp again. It is a pity that many Bills have been passed by the National Assembly without passing through this Senate. Some very important Bills like the Sang Bill and others have been shelved and eventually thrown out of the window when they are referred to the National Assembly. Let us stand firm and show that this Senate can also do some walkover. Today, we are showing that we are patriotic and let us remain so. Some of us can even resign if the work we are doing is not recognized. This Senate is very important. Unless we sit and strategise like men and women of integrity, we cannot be respected. Let us walkover this Bill and throw it out of the window.

The question still begs; where and who is the Senate Majority Leader? Proceed.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, as to the question who is and where the Senate Majority is; I answer humbly that the Senate Majority Leader is here, safe and sound and much focused on the job that Kenyans The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

.: It is an Executive Bill.

(Sen. (Prof.) Kindiki): It is a Bill of the Parliament of Kenya. Any Bill that has been brought here, whether at the first instance, or being referred to us by the National Assembly, is a Bill of this House. So, when you are doing the mathematics, you must include all those Bills. It is incorrect to say that only six Bills have been passed in this House. From the way the Constitution is crafted, many Bills will ordinarily originate from the “lower” House. It is because of the constitutional arrangement that talks about money Bills and et cetera . So, we should not buy into this idea that unless a Bill has originated in this House, then it is not our Bill. We must have a way forward out of this since we cannot be whining all the time. We, as a House, have had certain challenges in the past even with the National Assembly, but we resolved them. At some point, you will recall there was an attempt to pass certain Bills like the Mining Bill and others without our input. However, our interventions did help us, as a House, a great deal. Now, that is not an issue; Bills are now coming to us. You have seen a long list of Bills before this House. In terms of the way forward, therefore, I suggest that maybe we need to again engage on this issue through the Business Committees of the two Houses. We do not want it to be a Speaker-Speaker thing. We can institutionalise it and the Rules and Business Committee (RBC) of the Senate and the House Business Committee (HBC) of the National Assembly can have a meeting. It is also not true to say that it is the Senate Majority Leader or the National Assembly Majority who makes a decision. It is the Speakers of the two Houses who make the decision. Let us read our Constitution again. However, we can exert our little influences from the Majority side. The best way to address this is the Business 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 am really convinced and persuaded to terminate this discussion at that particular point. This is because I have been carried away by the eloquent submissions by the Member for Makueni County. However, that was until the Senate Majority Leader spoke. Now that I have, at least, saved that level of understanding, I can entertain more.

Mr. Speaker, Sir, you know lawyers can say anything to you. So, you have to be careful. I find it very difficult to share the Senate Majority Leader’s persuasion that we will fall into a trap if we do what some Members have suggested. What we see here is a very clear pattern of undermining this House by the National Assembly. It is not just about the Bills. That is the issue. This morning, the Senate Majority Leader was absent. However, the issue of the Monitoring and Evaluation Fund was discussed at a Kamukunji meeting. There is an obvious attempt to try and undermine the operations of this House by making sure we do not legislate and oversight effectively, thereby failing as representatives of the people. That is clearly coming out and to continue hiding behind this story that we do not want to engage in juvenile behaviour, is beside the point. It is time this House fought for its space. It is time the leadership of this House stood up to the leadership of the other House and demanded for that space. If it means frustrating the business of the other House in order to ensure that this House gets its space, so be it. We need to do that. That is my point.

Sen. Bule, you may have a second bite at the cherry.

Mr. Speaker, Sir, while appreciating the sentiments of the Senate Majority Leader, this House is part of Parliament. Parliament is Parliament. Therefore, we cannot work like subordinates. Let the Senate Majority Leader understand that Parliament is Parliament and we are the “upper” House. We cannot be subordinate to the “lower” House. That is what I am trying to say.

Hon. Members, obviously, this is very interesting to the extent that it has excited the hon. Senator for Tana River County. That in itself demonstrates that it is a serious matter. I want to thank Sen. Mutula Kilonzo Jnr. and Sen. Ong’era for raising this matter. If you look at the key in which we prioritize our business, it is clearly marked with four stars which denote a Majority or a Minority Party Bill and three stars denote the National Assembly Bills. You will appreciate that it means that all the three stars are actually subsumed in the four stars under the Majority Leader. All the Bills of the National 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, we are in the Committee of the Whole to consider The County Allocation of Revenue Bill (Senate Bill No.3 of 2016).

On a point of order, Mr. Temporary Chairman, Sir. It is a tradition of this House that where we have the Committee of the Whole, the proposed changes are listed in the Order Paper. This Order Paper does not contain any proposed changes in the Committee of the Whole on the County Revenue Allocation or any other Bill. Are we in order to proceed that way?

We normally have them if there are amendments. If we do not have amendments, we do not need them.

I am aware that in this Bill, we have changes from the Committee.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Temporary Chairman, Sir. Is it in order for Sen. Mutula Kilonzo Jnr, who ordinarily is reasonable and intelligent, to mislead this House? If it is true as he alleges, which I doubt, that they had amendments, then Sen. Mutula Kilonzo Jnr. is implicating the Committee. It is either their amendments are on the Order Paper or the Committee is here to prosecute them. He should just withdraw that point of order and allow this Committee to proceed. Anybody who has an amendment can move it. If there are none, he moves on. How can he tell us that he has amendments which he does not know and which he is not ready to prosecute?

If there are amendments, the Chairperson will come and explain. As of now, the amendments are not reflected on the Order Paper. Have you been mandated to prosecute on behalf of the Chair?

Mr. Temporary Chairman, Sir, I will not stand here to say something on record which I am not aware of. You and I, sat in a Committee today with proposed amendments to the County Revenue Allocation Bill. If those amendments have not found their way into the Order Paper, it would be advisable to drop this Order until Tuesday, so that they can be brought. The amendments that we have proposed are important. They are serious. We have made several changes on the allocations that will go to county assemblies and many other things. Therefore, we cannot sit here today and feign ignorance. Ignorance of the law is not an excuse and you know 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 am aware that there were serious amendments proposed in the Committee. If the Chairperson was here, he could have informed us whether he is ready to proceed.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Temporary Chairman, Sir. The Senate waits for no man. What they are telling us is actually like indicting themselves as a Committee. First and foremost, we passed the Second Reading of this Bill long before the recess. It was intended that during the recess, the Committee will prepare themselves if they have any amendments. This Bill is urgent. Therefore, I will not sit here and entertain the Committee telling us that they have some amendments which we do not have here and that the Order should be dropped. They had enough time. The Senate does not waste time. We wait for no Senator nor Committee. If you are not ready, that is not for the Chair to determine, an Order has been called out, that is it.

The Senate Majority Leader, you have a point. The Member of the Committee on Finance, Commerce and Budget also understands well what we went through. Sen. Murungi, do you have an intervention?

Mr. Temporary Chairman, Sir, I do not have a copy of the Standing Orders in front of me. However, I recall that there is a Standing Order which requires that amendments be introduced at least two hours before the debate begins. If those amendments are not there, or they come from the Mover, he or she can introduce the amendments at anytime. In this case, it is possible for the Mover to introduce the amendments in the course of the debate. Sen. Mutula Kilonzo Jnr. has a point, but he is out of order. First, he is not the Mover and, therefore, cannot introduce the amendments. Two, he did not come with his amendments two hours before this debate begun. Therefore, any amendments that are not before the Committee cannot be looked at.

(Sen. (Prof) Kindiki): Mr. Temporary Chairman, Sir, I am glad that Sen. Murungi, my senior in the profession, has adduced more justification why we should not entertain what Sen. Mutula Kilonzo Jnr. is trying to introduce. My last point, in the same vein, is that the Standing Orders allow the Senate to proceed if a Committee does not work. We give them time to consider the Bills as the expert group. This Bill has been with us for a long time and the Budget will be read next week, and Kenyans are waiting. These are some of the things that give this House a bad name. I would have been happy to see those amendments. We cannot prosecute unknown amendments where there is no Mover and nobody from that Committee with any brief. This Order Paper has been on the website since last evening and we have had a whole month of recess. This is one of the most critical Bills that we have every year. Mr. Temporary Chairman, Sir, with all due respect, I want you to find this Committee contemptuous of this House and lethargic in their work.

.: Mr. Temporary Chairman, Sir, I want to be very clear. There has been a delay because there was a mistake committed by the Commission on Revenue Allocation (CRA) on county assemblies and the allocations. There was no consultation when they prepared the schedules. They were to have as many as four 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 Chairman, Sir, Sen. Mutula Kilonzo Jnr. is one of the most serious Senators in this House. He has given good reasons the amendments are not before the Committee. I do not what to go into the details. Mr. Temporary Chairman, Sir, I want to change my position, in view of the cogent reasons that have been given by the Senator. Indeed, it will not do us any harm for this matter to be deferred, so that the Committee can be given a chance to bring those amendments when the House sits on Tuesday. Indeed, the Senator is right to say that you have immense powers under Standing Order No.1 to do justice, especially to our counties. I would like to plead with the Senate Majority Leader to accommodate Sen. Mutula Kilonzo Jnr. We appreciate the seriousness with which he approaches his tasks in this Senate. I plead that we listen to him and accommodate the Committee.

Before Sen. Mutula Kilonzo Jnr. apologizes for what he said, I will allow the Chairperson to say something.

Mr. Temporary Chairman, Sir, I seek the indulgence of the Chair for Order No.18 to be deferred until Tuesday. The report of the Committee will be ready on Tuesday because we have some amendments.

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

Sen. Chelule, do you have something to say?

Mr. Temporary Chairman, Sir, I have been requesting to seek a clarification from you for long time. I thought we are in the Committee of the Whole because of the amendments. I have been listening keenly to contributions made by Sen. (Prof.) Kindiki and Sen. Mutula Kilonzo Jnr. with regard to amendments. However, why should we waste time in this Committee of the Whole when we know that we cannot do much without amendments? I would like clarification from the Chair. 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. Chelule, we can always go to Committee of the Whole on a Bill even without amendments. However, the Chairperson has already deferred the matter to Tuesday.

.: Mr. Temporary Chairman, Sir, although my Chairperson and Vice Chairperson are in the House, I would like to apologise for the inconveniences caused to the Senators. However, in support of the work that we do in protecting county assemblies, this is just one of the rare instances where we ask for forgiveness. Kindly, allow us to defer this to Tuesday.

I hope that the Senate Majority Leader can now afford a smile. I call upon the Mover to move.

Mr. Temporary Chairman, Sir, pursuant to Standing Orders No.139, I beg to move that the Committee do report progress on its consideration of the County Allocation of Revenue Bill (Senate Bill N0.3 of 2016) and seek leave to sit again on Tuesday, next week.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Allocation of Revenue Bill (Senate Bill N0.3 of 2016) and seeks leave to sit again tomorrow.

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

. seconded

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

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No. 48 of 2015) be read a Second Time. This Bill gives effect to three articles of the Constitution; Article 11 on Culture, Article 40 on Right to Property and Article 69(1) on the Protection of the Environment. This Bill is about a very important aspect of our national life which is the protection of traditional knowledge and cultural expression. This Bill is one of the many Bills that we will enact in the next month or two to give effect to the Constitution of Kenya 2010. Therefore, I hope that through this debate, we will enrich it and pass it in record time because we have so many of such Bills that we must deal with. For a long time, African developing countries like Kenya and others have been living in a very difficult scientific and technological world where knowledge has been classified as modern knowledge and traditional knowledge. However, the definition of modern knowledge and technology has always been warped in the sense that any knowledge that is not Western knowledge has been frowned upon and looked upon unfavorably in the definition of “knowledge” in world affairs. Mr. Temporary Speaker, Sir, Kenyans will recall a while ago, there were some incidents in this country. The first incident was about ten years ago and it involved a sixteen year old boy in Kitale who was in Form Three. He used some locally available material to develop his own version of an aircraft. He promised Kenyans that he would fly that aeroplane. He used some tarmacked road in Kitale as his runway. Unfortunately, there was no take off. The machine made a lot of noise and emitted a lot of smoke. What surprised me was the aftermath of that attempt. That boy was ridiculed by very many people. According to me, that underscores why a country like ours, is doing very badly in the area of science and technology. If I was the Minister for Science and Technology at that time, I would have engaged that boy. Despite the fact that the boy did not succeed, he is a person who should have got an internship opportunity in a well established and leading aircraft manufacturing institution to go and learn aeronautical engineering. The fact that what he was doing did not succeed, does not mean that he was not bright. You will recall that when the Wright Brothers made their first aircraft in 1903, the Minister in charge of transport in Britain at that time dismissed them and said that they will never fly. Only for the first Trans Atlantic flight to take place ten years later. Today, everyone in the world understands how critical aviation has become to modern life. We have had a lot of innovations in this country. However, the way we look at attempts at scientific research and innovation has been lopsided. 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 rise to second The Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015). I am actually very impressed by the drafting of this Bill. It is an interesting and nice Bill. It is very comprehensive and very innovative. The most important thing is that finally, I can see some element of light at the end of the tunnel in terms of a lot of traditions that this Republic has ignored or put in the back burner. There is a famous Kiswahili saying that Mwacha mila ni mtumwa which Sen. (Dr.) Zani knows better. Therefore, this is one of those things that we have taken too long to do. I went to London and one of the things I found most interesting other than their old buildings is the British Library. If you want to know the origin of Christianity, you will find the First Bible in the British Library. If you want to see what Sir Isaac Newton used to do while he was crazy, because he was said to be a crazy man, you will find his hand-written writings in the British Library. There is a very famous treaty which I cannot remember which was signed in 1652 on a scroll in the British Library. There are also many other writings and many other things. If you want to see what William Shakespeare did, you will also find it there. They celebrated 400 years of his death on 27th April. That was last month. If you want to see his books and his history and how he started writing all the poems, songs and plays, you will find that in the British Library. If you wanted to know the origin of Kambas, where would you get that information? There is a book that I am reading which has got the history of all communities. The portion of the Kambas is about three pages. I do not think the history of Kambas can be in three pages, where they are said to have originated in a place called The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I thank the National Assembly and the Executive for bringing this Bill to this House. As I have always said, the constitutional Bills are Executive Bills, which must be passed by both Houses of Parliament. We all know that protecting intellectual property started during the industrialisation age. This was when communities and indigenous groups realised that technology was setting in and their property was being copied by others. For example, we, as country, lost our kikoi to the Japanese. Our country has a lot of traditional property that we must protect. We have many shrines and treasure our rituals, artifacts like gourds used by communities to ferment milk in the former Rift Valley region. We have beautiful cooking pots from Turkana County. In the western part of Kenya, we have traditional baskets weaved using reeds. It used to keep food warm for a long time. However, people have stopped using these traditional methods to preserve food in favour of the new technological ways. Among the Samburus, there were certain manyattas, which were dear to women during birth of a child. In other words, these were traditional maternity facilities that were well maintained and maternal deaths were minimal. However, as we talk about the protection of traditional knowledge, it is important to remember that the young people of this country are also coming up with digital 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, as Sen. Mutula Kilonzo Jnr. Said;

I stand to support this Bill because it is important and critical. It refocuses on something that we tend to forget quickly. We forget about our cultures and take them for granted. We have a young generation of Kenyans that is very ignorant about their culture. Some of them are even ignorant about their languages, yet you will hear them on television saying that they are from the Luhya, Giriama or Kalenjin tribes. They have a sense of identity, but due to the conflict that ethnicity has brought in this country, they rarely talk about the beauty of ethnicity; where somebody comes from and what it should mean. Therefore, this Bill is critical because it provides a framework for Article 11 of the Constitution that talks about culture, and that it is the foundation of any nation. Indeed, sociologists and philosophers now argue that the problems that we have with the youth may be as a result of the de-generation of culture over time. Many people want to go back and re-invent that culture; to look at how things were done. For example, they want to look at how men became brave by going into the forests and learning how to fight. They were taught how to kill animals like the lions. They were taught about culture and there was so much beauty. There was a transition from being a young person to puberty and all that went with it. The riddles, proverbs and anything cultural helped to bring about a cohesive, knowledgeable, stable and clear society that would protect its own. There was always an agreed format of reaction, starting with a key language that members of a community shared. Therefore, from the beginning it was easy for them to communicate. Article 11 of the Constitution is given substance through this particular Bill, which is critical and important. As other Senators have said, it touches on the national and the county levels. This Bill would not have come at a better time when we are looking at county governments. Therefore, their role in emphasizing and strengthening that cultural issue becomes easy, unlike if we did not have the 47 counties. This gives us an opportunity to do that. It also gives a framework for Articles 40 and 69 (1), which talk about cultural rights and the rights that Kenyans have and need to have for them to protect their society. One of the good things that we have, which applies to Kenya and Africa in general, is the richness of cultures. Many of these cultures have not been documented. That is where the problems lies. We take everything for granted and as natural. The transmission of knowledge and culture comes through oral stories. Only a few people have bothered to look at the oral stories, to find out their meanings and teach the younger generation. For example, in my family, I have two uncles who really understand the culture and can trace their history from up to four generations. I told them to document their knowledge because no one will be able to trace and understand the value of having names when they are no more. On Saturday, we had a function and we had different people with the name Nzale. One of the visitors and a friend who was in the function wondered how we had all the

Nzales.’ It happens in other families because that is the naming system. This culture expresses itself through naming and the action that people make, the reaction towards things like birth and funerals. Therefore, people do not get mixed up. 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, normally, I do not oppose Bills in this House. However, I would like to go on record as opposing this Bill, and I have my own reasons for doing so. As you know, I am a member of the Njuri Ncheke of Meru and this Bill is contrary to our morality and contrary to our culture. There are certain secrets of Njuri Ncheke which cannot be written. There are certain issues of culture, knowledge, traditions, language, songs and dance for us to enjoy, not for commercialization. Mr. Temporary Speaker, Sir, this Bill is based on some faulty foreign theories. It cheapens, commoditizes and converts our culture as artifacts for sale. We do not do everything for money in this world. There are many things that we do for happiness. Much of our culture is for us to enjoy ourselves. In our old days and in many traditional and rural societies today, this concept of performers which reduces people to spectators while only one person sings and everybody is clapping is not there. This Bill will benefit the performers and not the community. The performer will be merely performing a community song or dance. Mr. Temporary Speaker, Sir, where I come from, we dance together. I can also sing. Everybody can sing, dance and come to the floor. We enjoy ourselves. You cannot translate that experience into shillings and cents.

What is it, Sen. (Prof.) Lonyangapuo?

On a point of order, Mr. Temporary Speaker, Sir. Our senior Senator, Sen. Murungi is about to dance. We would like to see a demo, how it is done.

I did not see him dancing.

Mr. Temporary Speaker, Sir, I invite the King of West Pokot to Meru so that we can dance and enjoy together, and then, he can forget all these things about professor and mathematics. You enjoy as one of the members of the community. 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

At least we have heard that very convincing voice. Sen. Karaba.

Mr. Temporary Speaker, Sir, thank you very much for allowing me to contribute to this Bill in support. This is a Bill that people need to have traveled to Paris which is the Capital City of France. It is also the Headquarters of United Nations Educational, Scientific and Cultural Organisation (UNESCO). It is there you get to know what happens and very many cultures which are intertwined in the world. That is why we can relate. I have been there quite a number of times. I feel like we have a long way to go in terms of catching up in order to know what happens in the whole world and countries which earn money from natural environment as it is captured by this Bill. Mr. Temporary Speaker, Sir, until we rediscover ourselves, we shall always be labouring to get money and doing a lot of work without succeeding. When you go to Europe, you will see that rivers have been canalized to seas. For example, you can afford to sail from the Port of Basel of River Rhine in Switzerland all the way through Germany and France until you get to Amsterdam. As you sail along, you get to know what happens in the neighbourhood. You pass through various vineyards and take wine as you travel and that is amazing. The River itself also exposes one to vary many cultures in central Europe. It is used as a mode of transport and this is what we are asking for. We need to make use of the environment. That is the same River that has made Switzerland, which is landlocked, a rich country. Most of us here have been to Switzerland very many times. We have gone to Geneva, Zurich and other majors towns because Switzerland is a peaceful country. Because there is not a common sea, they have to make sure that they are protected and make friendship with the neighbours. As a result of that, Switzerland is protected by European countries and that is what we are seeking to do here in East Africa. A tributary of River Rhine called Maine – some of you might know that geography – is canalized to a point where it is connected to River Danube, the largest river in Europe. So, it is possible to move from the hinterland Port of Basel all the way to Hungary, Bulgaria and other countries in central Europe. They are making use of the rivers and doing it uninterrupted and with such scientific precision. If we can do so 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

I call upon the Mover to reply.

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I beg to reply. Given that we do not have numbers, I request that you defer the putting of the question under Standing Order No. 54 (3).

I defer putting the question.

THE HEALTH BILL (NATIONAL ASSEMBLY BILL NO. 14 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

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the Health Bill (National Assembly Bill No.14 of 2015) be now read a Second Time. This Bill gives effect to Article 43 of the Constitution on socioeconomic rights, but in particular the Fourth Schedule of the Constitution, which provides for the sharing of functions between the national Government and county governments. The health function is shared as follows. The management and operations of health facilities up to Level 5 hospitals are vested in the county governments. Level 6 hospitals, which are national referral hospitals, are vested in the national Government. Overall, all matters of health policy are vested in the national Government. This Bill, therefore, amplifies the complementary roles that should be played by the national Government and county governments so that devolution can work and help the people of Kenya. The health sector is critical in our country. There have been some teething problems with this sector. There have been cases of unpaid wages, promotion issues and professional progression among heath workers. The naysayers who do not believe in devolution have been agitating that staff working in these facilities under county governments be handed back to the national Government. This Senate must resist those kinds of suggestions. I know that the National Assembly Committee on Health had made such a report, which is unconstitutional, illegal, unlawful and does not countenance where this country has come from. It is almost impossible that you will remove a function from the county governments and return it to the national Government. What is even more likely is the opposite. Going forward, we should convince Kenyans that some functions in the national Government should go to the county governments and not the reverse. Devolution is supposed to heal the wounds of a centralized system that has inflicted untold economic misery and suffering on the people of Kenya. This Bill amplifies the roles of the two levels of Government. Whatever issues that are arising and affecting the performance of county governments in terms of delivery of the health services should be tackled. Therefore, I hope that when this Bill goes to the Committee on Health, they will engage with the stakeholders and all the players in the devolved county government system, including the Council of Governors (CoGs), health workers, the national Government and donors to ensure that all those challenges are removed so that devolution works as it is, without interference. I am hopeful that going forward our counties will realise that much of the health sector is devolved and they need to up their game and make sure that they do not just multiply the number of health facilities, but also ensure that those facilities have adequate facilities and drugs. Mr. Temporary Speaker, Sir, finally, the national Government has gone out of its way to fund the health sector, especially the national referral hospitals that are vested in the national Government. More importantly, in accordance with Articles 186 and 187 of the Constitution, the national Government has gone out of its way to support health facilities that are under county governments with equipment. The law allows that one level of Government can perform functions that are within the other level of Government, so long as they understand each other and consult on the issue. 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, he was almost right because Kapenguria is synonymous with the Kapenguria Six. Without them we would not be enjoying the peaceful environment that we have. I stand to support this Bill, which seeks to establish a unified health system that shall coordinate inter-relationships between the national Government and county governments’ health systems as put in the Fourth Schedule of the Constitution, where the activities take place on the ground and the policy issues at the national level. For the last four years there have been a lot of happenings like strikes and lack of medical attention for patients in the health sector in the counties. This is because of an uncoordinated health sector in Kenya. In Nandi County, for example, the health personnel have not yet resumed work. My county has prepared a petition which will come here anytime soon because of some things that are not coordinated. This Bill, therefore, has come at the right time, although slightly late because health is of paramount importance. At a glance, Part 4 of the Bill talks about the establishment of the Kenya Health Human Resource Advisory Council, which will determine and give a key directive in terms of the number of personnel that are supposed to be in health centres, dispensaries, sub-counties hospitals, county hospitals and Level 5 hospitals. In Part 6, there exists the establishment of the Kenya Health Professional Oversight Authority. This will cater for professionals whenever there is an issue or dispute of any kind. Even at the county level there should exist a small oversight body that will be coordinating the staff and reporting to the higher national oversight authority, which will be positioned in the national Government. When we address this, we will have a clear policy of what is required. In conclusion, in the current structure, the county service boards do not perform their roles as required. They are just rubberstamps for the governors and their people. They have circulated some class of staff rather than auditing them to get those who are required. It is, therefore, important that we address this and put a structure that will guide this nation now and in the near future regarding the health of every Kenyan. Mr. Temporary Speaker, Sir, I second this Bill and ask that my colleagues who will contribute after me make serious contributions on the same. Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, thank you for allowing me to support this Bill. This Bill should have been brought earlier before devolution or the equipment was supplied to the counties. Although most things have been moved to the counties and the governors are in charge, the Senate has its role to be seen as taking part in county The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order Sen. Karaba. You will have 12 minutes to conclude your contribution when this Bill appears on the Order Paper.

Hon. Senators, it is now 6.30 p.m. It is time to adjourn the Senate. Therefore, the Senate stands adjourned until Tuesday, 7th June 2016, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate