Order, hon. Senators. Two petitions are listed but in the interest of time, I will just read one. The other one will be deferred to tomorrow. ESTABLISHMENT OF JOINT PARLIAMENTARY SELECT COMMITTEE TO INQUIRY INTO AND INVESTIGATE RISING OCCURRENCES OF POLICE BRUTALITY AND MOB VIOLENCE

This is a Petition to the Senate by Mr. David O. Gesicho for the establishment of a Joint Parliamentary Select Committee to inquire into and investigate the rising occurrences of police brutality and mob violence in Kenya. Hon. Senators, pursuant to Standing Order No.220 (1)(a) and 225(2)(b), I hereby report to the Senate that the Petition has been submitted through the Clerk by Mr. David O. Gesicho, a resident of Kakamega County proposing the establishment of a Joint Parliamentary Select Committee to inquire into and investigate the rising occurrences of police brutality and mob violence in Kenya. In summary the Petitioner states as follows:- (a) That, incidences of mob justice in Kenya have been rising at an alarming rate with few or no reports of apprehension and trial of the perpetrators of the so called mob justice. (b) That, equally incidences of police brutality and extrajudicial killings have been frequently reported yet no action seems to have been taken to bring to account the officers involved. The petitioner therefore, prays that Parliament establishes a Joint The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. Considering the urgency of the voting business on the Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016), with your permission, we can vote on it then we can go back to commenting on that. I have confirmed that we have the numbers.

Order, hon. Senators. This Petition is very simple. Just give the indication that you do not wish to comment on it and we proceed. Proceed, Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, I share your concerns about the Joint Committee of the two Houses. I do not know whether it would have been tidier for you at the onset to advise the Petitioner so that we can then channel it after he has decided which House he wants to refer it to. That notwithstanding, I encourage that you do everything possible to make sure that this Petition is heard, reason being that the issue of extra-judicial killings and brutality by the police is a real nightmare in this country. Mr. Speaker, Sir, Mr. Gesicho comes from Kakamega and he is making these applications just a few weeks after the brutal killing of businessman Jacob Juma by the police. It is important that this matter be dealt with. In fact, there are many people who 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)

Relax, what is burning you?

On a point of order, Mr. Speaker, Sir. I did not mean to interrupt my colleague. I thought he was responding to my earlier request for you to rule that we vote before we proceed.

(Hon. Ethuro)

Most obliged, Mr. Speaker, Sir. The irony of it is that I had been charged under this Section which was used for the first time and the last time in 1952 against the Mau Mau.

Indeed, I am not Mau Mau and the police ought to know this. I would wish to take solace from the fact that people like President Kenyatta who faced the same fate like me, ended up ruling this republic. However, I do not want to rule this country through that path. I want to rule it through the Constitution of Kenya. This matter is very serious to the extent that only yesterday, Mr. David Asali, from Bushiangala in Ikolomani, a boy that I educated at Bushiangala Technical Training Institute, was brutally hit in Kisumu yesterday by the police while going about his business just because he was saying that the Independent Electoral and Boundaries Commission (IEBC) must go. Why are the police killing Kenyans just because they want to protect an incompetent IEBC, which is made up of people like Issack Hassan; a thief, who has been confirmed because his contemporaries with whom they shared money in the United Kingdom (UK) are actually in jail? Why would a government protect those kinds of people? Has Kenya ceased being part of the community---

(Hon. Ethuro)

On a point of order, Mr. Speaker, Sir. Is it fair for Sen. (Dr.) Khalwale to call Issack Hassan a thief when he cannot substantiate or prove it? He knows that this person is not in the House to defend himself. Is it fair? He should withdraw.

(Hon. Ethuro)

On a point of order, Mr. Speaker, Sir. The little I know about the Chairman of IEBC as my colleague in the profession is that, he is a very committed Muslim, very faithful and very hardworking. In the absence of evidence of what they are trying to link him to, is it in order for any Member of this House, considering the status of this House and the age of the hon. Member, to try to link someone who cannot defend himself to things that have not happened or is it because this man comes from a minority community and may not have his tribe behind him, thus it is easy to make him a target of political attack?

(Hon. Ethuro)

On a point of order, Mr. Speaker, Sir. It is funny to see Sen. Murkomen denying what is so obvious.

(Hon. Ethuro)

Mr. Speaker, Sir, is he in order to deny what is really obvious? The information came all the way from the UK stating that Isaack Hassan is involved in the highest degree of corruption and he is defending him. Is he in order?

(Hon. Ethuro)

On a point of order, Mr. Speaker, Sir. Is it in order for these CORD Members to malign Issack Hassan who was nominated by them in the last Parliament? We know him as a very clean person who cannot be intimidated because he comes from a small tribe.

(Hon. Ethuro)

Thank you Mr. Speaker, Sir. Indeed, it is my pleasure to be given this humble opportunity to substantiate. The distinguished Senator from Garissa knows very well that none other than the Ethics and Anti Corruption Commission (EACC) ---

What is it Sen. Wetangula?

(Sen. Wetangula)

(Hon. Ethuro)

Mr. Speaker, Sir, I want to challenge my friend here. He should stop showing us that hatred in his face. We used to be in KANU together and he is now demonstrating against Kenyans. He will have to answer one day.

(Hon. Ethuro)

(Hon. Ethuro)

Mr. Speaker, Sir, I seek your guidance; there is no Member here who is a Luo. All these people here are Senators.

(Hon. Ethuro)

Mr. Speaker, Sir, if I have aggrieved the precious lady, I will say sorry but not to those thieves who you are trying to protect.

(Hon. Ethuro)

Mr. Speaker, Sir, I apologise to the gracious lady.

(Hon. Ethuro)

Mr. Speaker, Sir, what shall I say again? I said that I apologise to the gracious lady. Sen. Wetangula said I directed those harsh words to her, so on my own behalf, I apologise to the House and withdraw.

(Hon. Ethuro)

(Hon. Ethuro)

Order, Members. We will ring the Division Bell for thirty seconds.

Order, Members. We should now commence the voting. I now wish to put the question. You may now vote.

Sen. Adan, Isiolo County; Sen. Billow, Mandera County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

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

Sen. Adan, Isiolo County; Sen. Billow, Mandera County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Cheruiyot, Kericho County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Hassan, Mombasa County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. Moi, Baringo County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; and, Sen. Wetangula, Bungoma County.

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

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

Order, Members! Before we go to the Committee and complete the good job that we have started, I want to encourage every Member to remain in the Chamber, at least, to dispose of the Anti-Doping (Amendment) Bill. Before we do so, let me introduce the visitors that we have in the Speaker’s Gallery.

Order, Senators. We are now in the Committee of the Whole to consider the Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016).

(Sen. (Dr.) Machage): Division will be at the end.

(Sen. (Dr.) Machage): I see no intervention. Division will be at the end. Members, I will put the two questions at the same time and then we will vote. Could the Division Bell be rung for two seconds?

Let us have the Bars drawn and the Door closed.

The Whips, do we have the numbers? You have 30 seconds to log in. Do not vote. Log in so that we get the numbers.

(Sen. (Dr.) Machage): You can now start voting.

(Sen. (Dr.) Machage): Order Members. The results of the Division are as follows:-

(Sen. (Dr.) Machage): Mover!

(Sen. (Prof.) Kindiki): Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of The Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016) and its approval thereof, without amendments.

Hon.senators, this is going to be very short. I, therefore, request you to stay in, so that we can vote and finish this Bill once and for all. Open the bars and the door. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I beg to report that a Committee of the Whole has considered the Anti-Doping (Amendment) Bill (National Assembly Bill No.17 of 2016) and its approval thereof without amendments.

Sen. (Prof.) Kindiki, kindly proceed.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request the Senate Leader of Minority to second.

(Sen. Wetangula) seconded.

Senate Majority Leader. Sen.(Prof.) Sen. (Prof.) Kindiki, proceed.

(Sen. (Prof.) Kindiki): Mr. Deputy Speaker, Sir, I beg to move that the Anti-Doping (Amendment) Bill (National Assembly Bill No. 17 of 2016) be now read a Third Time. I request the Senate Minority Leader to second.

(Sen. Wetangula) seconded.

Hon. Senators, seeing that no Senator is interested in debating the issue, I will now put the question which is that the Anti- Doping (Amendment) Bill, The National Assembly Bill No.17 of 2016 be now read a third time. Let the Division Bell be rung for 30 seconds.

Hon. Senators, are you ready to vote?

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

Hon. Senators, as you are aware, we had reorganized the Order Paper so that we could deal with the urgent issues. I am proposing that we now reorganize it once more so that we go back to Order No.4. There are still Petitions, notices of Motions to be given and Statements to e issued. We have finished the most important issue which was Division. We have finished with the Anti- Doping Bill. I thank you for a well done job. Next Order!

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

Sen. Haji, what is your point of order?

Mr. Deputy Speaker, Sir, before we went to the Division on the Anti- Doping Bill, I had an issue with the utterances made by Sen. (Dr.) Khalwale to the effect that that Mr. Isaack Hassan is a thief. I rose on a point of order and asked if it was fair for him to refer to Mr. Isaack Hassan as a thief when he is not here to defend himself. The Speaker directed that we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order! Sen. Haji, what is your request?

Mr. Deputy Speaker, Sir, before you assumed the Chair, the Speaker gave direction that ---

Order! Hon. Senators, we are still going to do the County Allocation of Revenue Bill, which I think is one of the most urgent things for us to do. I am requesting you, please, do not go immediately. I will give direction just now. Let us first hear what Sen. Haji has to say.

Mr. Deputy Speaker, Sir, before you came in, I rose on a point of order with regard to the utterances made by Sen. (Dr.) Khalwale that Mr. Isaack Hassan is a thief. I said it was not fair for Sen. (Dr.) Khalwale to refer to him as a thief because he is not here to defend himself and I demanded that he substantiate. At that juncture, the Chair directed that we first deal with the Anti-Doping Bill and when we resume we pursue the matter.

Thank you, Sen. Haji. Sen. (Dr.) Khalwale, I was in the House and that was the direction by the Speaker. What do you have to say about that?

Mr. Deputy Speaker, Sir, indeed, I agree with you that that was the directive from the Chair. My mind remains very clear. The seriousness of the case that has been concluded in the United Kingdom (UK) is such that the Ethics and Anti-Corruption Commission (EACC) ---

Have you now started to substantiate?

Yes, Mr. Deputy Speaker, Sir. What I meant by that is---

No, you uttered a word that Sen. Haji demanded that you substantiate your allegation. You referred to Mr. Isaack Hassan as a thief. Sen. Haji rose on a point of order to the effect that it was unfair for you to refer to him as a thief because he is not in the House to defend himself. Of course, if you can substantiate your allegation, then that is what the House rules require. Do you want to substantiate or withdraw and apologise?

Mr. Deputy Speaker, Sir, I would like to substantiate very briefly and clarify that there is no malice on my part---

Sen. (Dr.) Khalwale, I would just like to caution you as a fellow Senator. You referred to him as a thief. You know exactly what that means.

Mr. Deputy Speaker, Sir, yes.

So, if you want to substantiate that, then it will not be just a matter of clarification of what you meant. However, you must 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, yes. I want to do so. With due respect, ---

Do you want time or you want to do it now?

Mr. Deputy Speaker, Sir, I would like to do it now because I will do it in three minutes.

In that case, I am directing that you do it tomorrow at 2.30 p.m.

Mr. Deputy Speaker, Sir, that is okay. Having relieved me of that, let me conclude my contribution on the Petition ---

No. Which Petition?

Mr. Deputy Speaker, Sir, I said this while contributing to the Petition by Mr. Gesicho of Kakamega County about extra-judicial killings, mob justice and police brutality.

How long will that take?

Mr. Deputy Speaker, Sir, I do not know how much time I was still remaining with.

Sen. Wetangula, would you be so kind as to allow me to manage the House? Sen. (Dr.) Khalwale, how long would it take to conclude?

Okay. Sen. Khaniri, if you are the one who uttered that word, let me manage the House the best way I can. Sen. (Dr.) Khalwale, I would like to understand because I was not in at that time when you started contributing. Were you on Order No.4?

Mr. Deputy Speaker, Sir, yes. We were under Order No.4 on Mr. Gesicho’s Petition.

Yes, and I am queuing to speak to it and the Bungoma one which was deferred to tomorrow.

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, I have done some consultation with the leadership of the House. I must apologise because I was not here when the Speaker was going through the Order Paper. We have Order No. 14 which is Committee of the Whole for the County Allocation of Revenue Bill, which is one of our core duties. I propose and I have agreed with the leadership of the House, both The Senate Majority and Minority leaders that the Petition on which Sen. (Dr.) Khalwale was contributing - which is open for Senators to contribute on - together with the Petition from Bungoma County which is No.2 on the Appendix, will be dealt with first thing tomorrow at 2.30 p.m. So, I will defer the Petition, but Sen. (Dr.) Khalwale will be on the Floor when it resumes tomorrow.So, let us now urgently deal with Order No.14. Hon. Senators, I am advised again by the leadership of the House that the Committee of the Whole would take a very short time and I request you to remain in the House so that we can vote and finish the Second Reading of the County Allocation of Revenue Bill. We are now going to the Committee of the Whole.

(Sen. (Dr.) Machage): Order, hon. Senators. This is going to take a very short time. Let us execute this Order very fast. We are looking at Order No.14, Committee of the Whole, County Allocation of Revenue Bill (Senate Bill No.3 of 2016)

The putting of the Question will be done at the end. 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, I beg to move:- THATthe Bill be amended by inserting a new clause immediately after clause 5- Budget 5A

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

(Sen. (Dr.) Machage): Order! He has a right as a legislator. Proceed.

Thank you, Mr. Temporary Chairman, Sir. I have seen the schedule and I have no problem with it other than, it would have been better if the previous years’ figures were also indicated for the purpose of comparison. We cannot assess whether we are going up or down and yet these are colossal amounts of money.

(Sen. (Dr.) Machage: Order, Senator. When documents are tabled on the Floor of this House, it is assumed that whoever has an interest knows where to get those documents and the comparisons on his own. Let us proceed. Division will be at the end.

I see no interest. The Question will be put later. 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, I propose that the New Fourth Schedule be part of the Bill.

(Sen. (Dr.) Machage): Can you read it properly? Move it. Do not propose, it is me who will do so. Do not take my place.

Mr. Temporary Chairman, Sir, I propose that the County Allocation of Revenue Bill be amended by replacing the current Fourth Schedule with the New Fourth Schedule as it appears in the Order Paper.

(Sen. (Dr.) Machage): I know Ramadhan has started, so there may be a bit of hypoglycemia. Let me guide you. Just say, “I move” instead of “I propose”.

Mr. Temporary Chairman, Sir, if Members would allow me to speak, then I would speak properly but they keep interjecting. I beg to move.

(Sen. (Dr.) Machage): For purposes of the HANSARD, can you read the whole thing. For purposes of recording, say “I move---“

Mr. Temporary Chairman, Sir, I beg that the New Fourth Schedule be moved as provided for in the Order Paper.

(Sen. (Dr.) Machage): Very well, that is another way of putting it.

Mr. Temporary Chairman, Sir, I beg to move:- THATthe Bill be amended by inserting the following new Schedule immediately after the Third Schedule-

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

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

seconded.

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 beg to move that The County Allocation of Revenue Bill (Senate Bill, No.3 of 2016) be now read the Third Time.

seconded.

Do we have the numbers? Could the Division Bell be rung for 30 seconds?

Hon. Senators, there is one Division that we did not take at the Committee of the Whole. I, therefore, direct that we go into the Committee of the Whole to take that Division before we proceed with the next Orders.

(Sen. (Dr.) Machage): I beg the indulgence of the House. We inadvertently missed to do two Divisions in the Committee of the Whole, because they were on another page, which I was not shown. We want to quickly do the Divisions for the Second Reading. Ring the Division Bell for a second.

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

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

Mr. Chairman, Sir, I beg to move that the Committee do report to the House its consideration of The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and its approval thereof with amendments.

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

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) and approved the same with amendments.

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

. seconded

Mr. Temporary Speaker, Sir, I beg to move that The County Allocation of Revenue Bill (Senate Bill No.3 of 2016) be now read the Third Time.

. seconded

Order, Senators. Order, Sen. Cheruiyot! Freeze. Order, Sen. Muthama!

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

Hon. Senators, we are back to where we were before we went to the Division. We are on Order No.6; Notices of Motion. Proceed, Senate Majority Leader.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Rules and Business Committee (RBC) on the review of the Standing Orders laid on the Table of the House today, Tuesday, 7th June, 2016. There is a small procedural issue here. It is assumed that the Paper had been laid. However, that Order had been skipped. So, allow me to lay the Paper in reverse order with your indulgence under Standing Order No.39.

I so direct that you lay the Paper.

(Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 7th June, 2016:- The Report of the Rules and Business Committee on Review of the Standing Orders.

Is there any other Paper or Notice of Motion? Next Order!

Hon. Senators, let us proceed with statements. Is there any statement that has been approved to be sought? Let us start with statement (a). Where is the Chairperson of the Standing Committee on Education to issue a statement on the funds for primary and secondary school infrastructural development? INVESTMENTS MADE BY THE NATIONAL GOVERNMENT IN DEVELOPMENT OF SCHOOL INFRASTRUCTURE

Sen. Khaniri is not in. We will defer that.

Where is the Chairperson on the Committee on Education to issue a statement on the delay in payment of teachers who marked KCPE and KCSE exams last year? Proceed, Chairman. Are you ready with the first statement? DELAYED PAYMENT OF TEACHERS WHO MARKED THE 2015 KCPE AND KCSE EXAMINATIONS

Mr. Temporary Speaker, Sir, I have all of them. I have the first one and the second one.

Did you share your response with Sen. Khaniri? 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 did so. I even gave him the statement.

Okay, so we defer that to appear in the Order Paper tomorrow. I so direct that Sen. Khaniri appear tomorrow for the issuance of those two statements tomorrow.

Let us move to statement (c) to be issued by the Chairperson of the Committee on National Security and Foreign Relations. INCLUSION OF RELEVANT OFFICES IN POLICE RECRUITMENT EXERCISE The Chairperson, Committee on Defence and Foreign Relations to issue a statement regarding the just concluded police recruitment. Both the Chairperson and Sen. Njoroge who sought the statement are not here. So, we defer that.

It is now the turn of the Chairperson of the Standing Committee on Education to issue a statement on the funding of low-cost, public primary boarding schools. This statement was sought by Sen. (Prof.) Lonyangapuo. FUNDING OF LOW COST PUBLIC BOARDING PRIMARY SCHOOLS

Mr. Temporary Speaker, Sir, the Senator who sought the Statement is not in the House.

Sen. Sang): Give him the microphone. What is happening with the microphone?

Mr. Temporary Speaker, Sir, I have the statements with me but the questioner is not in the House.

Sen. Sang): I must commend the Chairperson of the Standing Committee on Education. On today’s Order Paper, you are supposed to be responding to three statements so far…

Mr. Temporary Speaker, Sir, I am ready.

Sen. Sang): You are ready with them but those who sought them, the Senators responsible, are not in. Congratulations, Chairman. We will get back to it if the Senator will be around. If not, I will give further directions on the same.

Thank you.

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

On a point of order, Mr. Temporary Speaker, Sir. I request the Chairperson of the Standing Committee on Education to issue a statement I “soughted” way back…

It should be “I sought”.

Sen. Sang): Sen. (Prof.) Anyang’- Nyong’o, you are out of order.

This is with regard to a statement I sought, Mr. Temporary Speaker, Sir. I just want to tell the Professor that I am an African and I am proud. I come from Western Kenya. I am not a mzungu, and I appreciate that you know you are a Professor.

Sen. Sang): Order, Sen. Elachi. There is nothing about being African or Western about grammar, as pointed out by Professor. In fact, you should just be appreciating him and move on.

Mr. Temporary Speaker, Sir, I agree but there is a sense of being an African. That is why my brothers in Tanzania believe their Kiswahili should be Kiswahili. This statement was for Masinde Muliro University, and I remember Members raised many issues regarding this matter. From that time to date, the Chairman has not answered me. Secondly, I want to thank the Senate because due to whatever we had requested, the Vice-Chancellor has started repaying the money. However, it will be important for us to get the real answer, not just to be told that now somebody has agreed he was stealing money from the university and he is repaying. Am I in order to ask the Chairman to ensure that the Statement is delivered so that we close that chapter?

Sen. Sang): Sen. Elachi, we will come to your issue once we are done with the Statements listed on the Order Paper. So, you can raise your point of order at that point. Let us have Statement (e) from the Chairperson to the County Public Accounts and Investments Committee which was sought by Sen. Ntutu. Give Sen. (Prof.) Anyang’- Nyong’o the microphone. UNREMITTED REVENUE BY MARA CONSERVANCY

Anyang’- Nyong’o: Mr. Temporary Speaker, Sir, Sen. Stephen Ole Ntutu and I have consulted and agreed that we will respond to this Statement next week on Tuesday because I had not received any answer yet.

Sen. Sang): Sen. Ntutu.

Mr. Temporary Speaker, Sir, I have no objection.

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. Sang): It is so directed. Let us have the Chairperson to the Standing Committee on Roads and Transportation issue a Statement regarding delayed public works at Jaramogi Oginga Odinga Teaching and Referral Hospital as sought by Sen. ( Prof.) Anyang’-Nyong’o. Sen. Obure. DELAYED PUBLIC WORKS AT JARAMOGI OGINGA ODINGA TEACHING AND REFERRAL HOSPITAL

Sen. Sang): Are you responding as the Chairperson?

Mr. Temporary Speaker, Sir, I am responding on behalf of the Chairperson.

Sen. Sang : When you rise at this point, you could be mistaken as the Minister for Public Works.

Mr. Temporary Speaker, Sir, the specific questions which Sen. ( Prof.) Anyang’-Nyong’o raised were:- One, to explain why there has been delay of over two years in implementing public works projects at Jaramogi Oginga Odinga Teaching and Referral Hospital in Kisumu. Secondly, to state why the public works department in Kisumu has failed to supervise projects at the institution to ensure timely completion. I wish to clarify from the outset that the projects at the hospital are being funded and implemented by the Ministry of Health and the Kenya Medical Research Institute (KEMRI). The public works staff only provide supervision services on those projects. There are three projects in all. One of them is installation of an incinerator at the Jaramogi Oginga Odinga Teaching and Referral Hospital, which is 100 per cent complete and is in use. The second project is the Children Clinical Center of Excellence at the same hospital, which is at 99 per cent completion level. The third project is the proposed refurbishment works for Multi-Drug Resistant Tuberculosis (MDRTB) block, which is at 40 per cent completion. On the incinerator project, I want to state that it was completed on 7th January, 2015 which was the scheduled completion date. The project was commissioned and handed over on the same date, and is currently in use by the clients. The second project; the proposed Children Clinical Center of Excellence commenced on 14th June, 2102. The completion date was 30th May, 2013. Unfortunately, because of the various issues relating to funding, the project was not completed on the scheduled date. This project is ongoing and as I said earlier, it is at 99 per cent completion level. The project is expected to be completed at the end of this month. Mr. Temporary Speaker, Sir, regarding the third project which is the Refurbishment Works for the Multi Drugs-Resistant TB Block, there have been problems on the project and the challenges are related to funding. The project is currently stalled 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 would like to thank the Chairman for the response. However, I have three questions to ask him. First, is he aware that the Public Works Department in Kisumu is very inadequately human resourced? In other words, in terms of supervision of works, there is only one person serving the four counties in the Nyanza Region. That office still relies on the provincial framework for supervision. Therefore, the failure to give certificates of completion at every stage has been one of the causes of the delay of these projects. In that regard, the project that is funded by KEMRI and other donors has suffered because of that. The funds are not delayed because the funders do not want to fund but because the Public Works Department does not provide certificates of completion on time for KEMRI and other funders to continue funding the projects. Therefore, the medical superindent and the Jaramogi Oginga Odinga Teaching and Referral Hospital is very frustrated with the Public Works Department because she has to intercede between the Public Works and the donors regarding the proposed refurbishment works for multi drug- resistant TB block at the hospital. The delay is not just because donors do not give money. They cannot give money if there are no certificates of completion at every stage. I am sure that Sen. (Eng.) Muriuki, who is an engineer, will support me on that. This is something that the Chairman should look at very carefully. It is not just an explanation that the people in Kisumu are giving. Secondly, regarding the proposed Children’s Clinical Centre of Excellence at the Jaramogi Oginga Odinga Teaching and Referral Hospital, that project was started when I was the Minister for Medical Services and it was supposed to be completed on 30th May, 2013. As you know, due to the elections, most Government Ministries, more or less, closed functioning around that time. Since then, although the Chairman said that it is 99 per cent complete, I would like him to ascertain without any doubt that this is the truth because I have been following this particular project carefully. The reason it was not completed on 30th May, 2013 was precisely because the Public Works has not since then been up to date in giving certificates of completion. Mr. Temporary Speaker, Sir, finally, I would like to draw the attention of the Chairman to the first project which is certified as complete. There is a part of the response which says that:- “However, currently, the County Public Works Office is working with the client on request by the contractor on exploring proposal for installation of water heaters to be connected to heat generated by the incinerator.” This question is not an additional part of the project. This was part and parcel of the project because if the description of the project talks about construction and completion of shades and delivery incinerator and that delivery incinerator was connected. They use the incinerator for heating at the same time. 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. Chairman.

Mr. Temporary Speaker, Sir, I have listened very carefully to what Sen. (Prof.) Anyang'-Nyong'o has said. I believe there have been challenges related to the organisation at the headquarters of the former Ministry of Public Works. In fact, if you recall, for a long time, the Directorate of Public Works as it is now referred to was attached to the Ministry of Lands and it has only been transferred to the Ministry of Transport and Infrastructure following recent reorganisation. I am also aware that what Sen. (Prof.) Anyang'-Nyong'o has said could be right, that Kisumu Public Works Department could be inadequately staffed. We will raise these concerns with the people in charge at the Directorate of Public Works. If, indeed, the delays experienced on these projects could be attributed to inadequate staffing, then we will come back and report to this House. However, we will investigate this matter and hold discussions with the people responsible to make sure that the matter is rectified, if, indeed, this is the reason there have been delays. Mr. Temporary Speaker, Sir, concerning the second issue regarding the proposed Children’s Clinical Centre of Excellence, we have been assured that the handing over will take place before the end of this month. Therefore, I hope Sen. (Prof.) Anyang'-Nyong'o’s concern will be addressed fully. I am told that there is some discussion between the contractor and officers from the Public Works Office relating to installation of water heaters to be connected to heat generated by incinerators. I am not quite sure what this is all about but we will make further inquiries because I believe that will help address the concerns raised by Sen. (Prof.) Anyang'-Nyong'o.

Mr. Temporary Speaker, Sir, I just have one more request. I made a request to the Chairman regarding whether it will be possible to get officials from the Ministry to appear before his committee. When officials appear before a committee and the Senator concerned is also there, we can iron a lot of issues. I do not know whether the Chairman can commit himself to request the officials from the Ministry, particularly the Public Works Department in Kisumu, to come so that we discuss issues of inadequate personnel and the punctuality in issuing certificates of completion when jobs are done because it is not just Jaramogi Oginga Odinga Teaching and Referral Hospital that complains about this. There are a lot of general complaints about the punctuality and promptness with which supervision is done and certificates of completion issued.

Mr. Temporary Speaker, Sir, I have heard what Sen. (Prof.) Anyang’-Nyong’o has said. I want to assure this House that we will be able to convene a meeting of the senior officials of the Public Works Directorate, in particular, reference to Kisumu Office to ensure that the challenges which Sen. (Prof.) Anyang’-Nyong’o has The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

I direct you to proceed with organizing that meeting and involve Sen. (Prof.) Anyang’-Nyong’o in good time. That is with regard to that particular Statement. COMPENSATION OF LAND OWNERS ALONG THE STANDARD GAUGE RAILWAY The next Statement is for the Chairperson of the Senate Standing Committee on Lands and Natural Resources. This is with regard to statement on the compensation of land owners along the Standard Gauge Railway (SGR) line. The Senate Leader of Majority, the Committee Chairperson is not in the House. Can you comment?

(Sen. (Prof.) Kindiki.): Mr. Temporary Speaker, Sir, the Chairperson is not here. I undertake to pass the information to him. CREDIBILITY OF WEATHER FORECASTS ISSUED BY KENYA METEOROLOGICAL DEPARTMENT

The Chairperson of the Standing Committee on Lands and Natural Resources to issue a statement on weather forecast made by the Metrological Department. The Statement was sought by Sen. Okong’o. I am made to understand, Sen. Okong’o, that you had some agreement, kindly let us know.

Mr. Temporary Speaker, Sir. We agreed that the Statement be placed tomorrow because the Chairperson told me that the document is bulky, and he has not internalized the whole of it and I agreed with him.

Very well. It is so directed to tomorrow.

COLLECTION OF LEVIES FROM BUSINESSES FOR PLAYING MUSIC The Chairperson of the Standing Committee on Labour and Social Welfare to issue Statement on collection of levies by the Music Copyright Society of Kenya (MCSK) and the Performers Rights Society of Kenya (KAMP-PRISK) for business premises and public transport vehicles on playing music as requested by Sen. Kanainza. The Chairperson is not here. The Senate Leader of Majority Sen.(Prof.) Kindiki, can you respond?

(Sen. (Prof.) Kindiki.): I do see the Chairperson but I undertake to pass that information at the rise of the House.

Since the Chairperson of the Standing Committee on Labour and Social Welfare is Sen. Madzayo, a Member of the Minority side, are you the right person to respond to 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

(Sen. (Prof.) Kindiki.):Mr. Temporary Speaker, Sir, to the best of my knowledge, the Statements are sought from the Chairpersons of the Committees irrespective of the political side they belong to. They also answer those statements on behalf of the committees and the residual responsibility, to the best of my knowledge, is to the Senate Majority Leader unless there are changes. I stand guided.

As you indicated, you should remind the Chairperson of the Standing Committee on Labour and Social Welfare. Sen. Elachi had sought a Statement from the Chairperson of the Senate Committee on Education. The Chairperson is not here and so we defer the Statement sought by Sen. Elachi to tomorrow.

Sen. Kajwang, proceed. STATUS OF THE NATIONAL SECURITY COMMUNICATION SYSTEM

Mr. Temporary Speaker, Sir, in March this year, I requested for a Statement from the Chairperson of the Senate Committee on National Security and Foreign Relations on the national security project that is being undertaken by Safaricom and the Chairperson requested that we should give the Committee one month.

Order Sen. Cheruiyot. You might be the newest Senator in the House. You have, however, had fairly enough time to learn some bits of the rules of the House. If you are crossing from one side to the other, you go to where there is a mark and then you bow there before you cross. You do not just bow in between. Proceed Sen. M. Kajwang.

Thank you, Mr. Temporary Speaker, Sir. You might want to forgive him because I am aware that his induction will be held in Manda Island at the end of this month and shall be graced by the Speaker himself.

You might also want to share with whoever else will be inducted.

Mr. Temporary Speaker, Sir, I will also be present so, you need to go slow on me because I have not been inducted until after Manda Island. I just wanted to request your ruling that this Statement---

Sen. Okong’o, what is your point of order?

Mr. Temporary Speaker, Sir, I have heard about an induction and about an island called Manda . What is this all about? I am wondering what Sen. Kajwang is talking about. Is he in order to talk about Manda Island and induction courses? 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

Do you want to be informed by Sen.Cheruiyot?

Mr. Temporary Speaker, Sir, I Just want to inform Sen. Mong’are that Manda Island is one of the most beautiful beaches this country has. It is in Kilifi County and from 23rd to 26th June, a few select young Senators will have the privilege of hiding there to be inducted on the practices and cultures of this House. If you want to join the club, you are invited, though I am not sure who will bear the cost.

Sen. Cheruiyot, I do not think that there is a club of Senators in this House, though I guess it suffices. Sen. M.Kajwang, proceed.

Mr. Temporary Speaker, Sir, I was requesting for your direction because I sought a Statement in March and to date, that Statement has not been issued. It does not appear on the Order Paper yet I was gracious enough to give the Committee one month to compile the answers and now we are talking of several months down the line.

Which Committee is that?

Mr. Temporary Speaker, Sir, this was the Senate Committee on National Security and Foreign Relations with respect to the national security project being undertaken by Safaricom.

The Senate Majority Leader, what do you have to say about the Statement sought from the Senate Standing Committee on National Security and Foreign Relations with regard to Safaricom?

(Sen. (Prof.) Kindiki.): Thank, Mr. Temporary Speaker, Sir. I will raise that matter with the Chairperson of that Committee at the raise of the House.

I direct that the Statement sought by Sen.M. Kajwang and another Statement sought by the Nandi Senator with regard to the health crisis appears on tomorrow’s Order Paper.

Next Order. THE TREATY MAKING AND RATIFICATION (AMENDMENT) BILL, SENATE BILL NO.5 OF 2016

Hon. Senators, the next Orders Nos.10 and 11, have been dispensed with. We have also dispensed with Order Nos.11, 12, 13 and 14. So, let us proceed to Order No.15.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move. Given that we do not have adequate numbers to take a vote, I request that you direct the voting be deferred to tomorrow, pursuant to Standing Order No.54(3).

Very well. I so direct.

Let us move on to Order No.16, Committee of the Whole. The Mover is not in.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Political Parties (Amendment) Bill (National Assembly Bill No.2 of 2016) be read a Second Time. This Bill is a collection of a number of amendments that are important with regard to improving the Political Parties Act of 2011 which is now five years old. Allow me to just highlight the key areas of amendment so that Senators can have a general view of what the proposed law is about. This Bill amends Section 9 of the Political Parties Act by entrenching the two- thirds gender rule in the organs of political parties. In particular, the amended version of the Political Parties Act will provide that constitutions or rules of every political party shall ensure not more than two-thirds of the memberships of all political organs, bodies and committees in aggregate, have the same gender. In other words, this Bill proposes that going forward, political parties must ensure that all their committees and political organs such as the national executive councils even at the county, sub-national level and electoral boards adhere to the two-thirds gender rule. This is a very progressive provision. I hope the Senate will pass this Bill as recommended from the National Assembly and I hope it will not be acrimonious. We are still smarting from the spectacular failure of the amendment of the Constitution to give effect to the gender rule in Parliament. We hope we can pay back the women of Kenya by at least passing this Bill as we wait for consensus on the issue of the two-thirds gender rule in Parliament, which I fully support for the record. Mr. Temporary Speaker, Sir, the second area of amendment is on the merger of political parties. It says that if a party merges with another, in which case it loses identity, the members of that party are deemed to have joined the new party. It goes on to say that a person who does not wish to become a member of that party may choose to join another party or even remain as an independent for the remainder of the term without losing their seat. This Bill also provides for the protection of the President, Deputy President, governors and deputy governors from such eventuality. Let me explain. The current Political Parties Act is providing for the Members of County Assemblies (MCAs) and Members of Parliament (MPs) who may not be affected if their political party loses identity by deregistration or a merger. So, this Bill includes other officers like governors, deputy governors, the President and the Deputy President. 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, the amendments are very clear and straightforward. The indefinite acting capacity of the Registrar of Political Parties has been an issue. Most of us did not understand why the issue has been left in abeyance, but now these amendments will cure that anomaly. I, therefore, agree and support the 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

The Senate Minority Leader and Senator for Bungoma County, Sen. Moses Masika Wetangula.

Mr. Temporary Speaker, Sir, go further.

Presidential aspirant and CORD co- principal, senior counsel and many more.

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to contribute to this Bill. This is a self serving Bill for the Jubilee Government, as you, probably, know. It is brought singularly for purposes of giving way to the merger of the Jubilee parties and allaying fears of Members that they will lose their seats because of the merger. I have no problem with that; it is entirely up to you to do what you want to do. This Bill has gone through the National Assembly and it has an obligation to come here. The Bill makes amendments to existing provisions by making things a little neater for registration of political parties. In this country, we have political parties that only pop out at election time when the likes of Hon. Kalembe Ndile hang out to harvest money from people who have been blocked from being candidates in their respective political parties. We need to go further and reduce the number of political parties in the country. Even in countries as huge as the United Kingdom (UK) and the United States of America (USA) in terms of population, you cannot count more than five political parties. In India, including the regions, there are not more than ten political parties. I fail to understand why we have the extravagance of 64 registered political parties, in a country with barely 42 million people. In Tanzania, they only talk of Chama cha Demokrasia na Maendeleo, Chama Cha Mapinduzi (CCM), Ukawa, which is a union of parties and Zanzibar’s Afro-Shirazi Party. The same thing applies for our neighbour, Uganda. Where The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is your point of order, Sen. Murungi?

On a point of order, Mr. Temporary Speaker, Sir. Is it in order for the Senate Minority Leader to continue misleading this House and Kenyans in general that I and somebody called Wekesa are coercing Kenyans into joining a monolith of a party while the Constitution gives every Kenyan the right to form a political party and to belong to one? We have always said that this is for the willing. We are not coercing anybody. Could the Senate Minority Leader at least withdraw the word “coerce”?

Mr. Temporary Speaker, Sir, I withdraw the use of the word “coerce” and replace with “:cajole”.

It is with a light touch, but I know that the distinguished Senator for Meru County and the other man from Western Kenya, called hon. Noah Wekesa, have been crisscrossing the country going to Western to pay a few idlers to go attend their meetings to show that there is presence of Jubilee Coalition in Western Kenya. I assure them that there is no presence of Jubilee and there will none in the foreseeable future. One of the amendments in this Bill is to obligate political parties to hold meetings. That is unreasonable. While we encourage political parties to be active, the most critical event in the calendar of a political party is election time. You cannot force political parties that throughout the five years, before election, they must be everywhere in the country. There are some political parties that will have representation, but will not qualify for funding. We cannot say that if they do not go to all these places to hold political party meetings and other activities, they will suffer some penalties. That is draconian and should not be accepted. Mr. Temporary Speaker, Sir, equally important is the manner in which the Office of the Registrar of Political Parties runs. You may recall that when we conceived that office, it was an office within the Independent Electoral and Boundaries Commission (IEBC). However, the Jubilee regime has wickedly, so to speak, maneuvered and transferred the Office of the Registrar of Political Parties to the Office of the Attorney- General where even as required by law to appoint an impartial person to be the Registrar of Political Parties, Ms. Lucy Ndung’u continues being a Jubilee agent working for Jubilee working in an office where the Attorney-General is a confessed Jubilee Coalition person. How can she be fair to other political parties? 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 you for giving me this opportunity to contribute to this Bill. I beg to support it because it brings some clarity. It assists in the implementation of the Constitution in the two-thirds gender rule. That is why I am excited about it. It cannot be institutionalized as an institution as Parliament, but it should be nationalized. This is the song that everybody must sing everywhere; the two-thirds gender rule. In addition, it favours women. This is still a patriarchal society. Women are yet to fully participate in politics as men. Any time the gender rule is mentioned, many people think that women are being smuggled in through the back door. We are just saying; give everybody a chance. You never know. We are going to the elections; it may go the other way round. God willing, it is the men who will be fighting for the gender rule to be observed. We cannot ask God to adhere to that gender rule in families because He does as he pleases. However, it is a mile stone. In the United Kingdom, the Labour Party has this rule. It is observed in the elections. That is why there are more women of the Labour Party in Parliament. Uganda and Tanzania adhere to it. Our friends in Rwanda are lucky. If they continue with the same trend, it is men who will be fighting for their space so that the gender rule is observed. Mr. Temporary Speaker, Sir, the other amendment which pleases me is the amendment to Section 5 which seeks to harmonize the time frames on the provision relating to provisional registration of a political party. This will enable Kenyans to know which political parties exist, their ideologies, values and principles so that by the time they subscribe to them, they fully understand what they are doing. This will help so that you do not just pick a political party as a rebound when you have lost the nomination in your political party. At the end of the day, you realise that you cannot associate yourself with that same political party because you do not believe in that ideology. The other good amendment which I fully support is on Section 11 on the principle of setting out different procedures by which political parties can merge. These mergers are important. It brings clarity and honesty so that the politicians can honour the MOUs, come out with clear-cut contracts that if you breach, you know what your next step is instead of some people being shortchanged. We have seen a lot of party indiscipline, especially in this Parliament. There are people who tend to resign, go publicly declaring that they are no longer in a political party that took them to Parliament yet they still enjoy the fruits of the members of that political party. When clarity is brought to the amendment in Section 14, then we shall know the way forward. There will be less indiscipline. In fact, there will be proper clear- cut ways of disciplining politicians who are not decided where they are; one leg is on this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for giving me this chance. I rise to support this Bill for the following reasons. First, this is something that the Senate Minority Leader alluded to in his long speech, though he contradicted himself by appearing to push the case for what I will refer to as “smaller” political parties. Probably, he thinks that the sponsors of the Bill have been sponsored. He was quite clear in his opening remarks that this Bill has been sponsored by the Jubilee Government so as to put through the eminent merger between the parties that are therein. For whatever reason, in all our engagements as political leaders, it should be our desire to see that we move this country forward and navigate through the many challenges that we face during our time. We know that political parties are the foundation upon which governments are founded. This is an extremely noble attempt to collapse what I will refer to as “smaller” parties into one distinct and unique conglomeration of ideas, philosophies and people, so that you get something that is distinct and beyond individuals as it is the case right now. It is my hope that with the passage of this Bill, the long dream that we have had for a long time will come true. Therefore, we will begin to build political parties that can transcend sudden leaderships of particular individuals and that this is a step in the right direction. When you look at the situation as it is in the country right now, you will realise that conflicts that we face are as a result of the stands that have been taken by majority of Kenyans. You will understand that there is very little independence of thought, but very much of borrowing of ideas from what the leaders of political parties are stating. That is not the case in mature democracies. A political party has a blueprint and ideals that they live by and party leaders try to lead by those ideals. In Kenya, the reverse is true. This is one of the things that I believe this Bill will cure very well. For that reason, I want to lend all my support in all ways possible. Mr. Temporary Speaker, Sir, secondly, we have been through the cycle about the two-thirds gender rule and the inclusion of women in the leadership of political parties. This is something that any progressive leader should support. All Members that are in this House, or at least the majority of us, have been through political party nominations and we know how difficult it can be even for us men. We will be deceiving ourselves to front our women and expect that they will come out strongly. We know the rules of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I rise to make my contribution to this Bill. I would like to repeat my previous statements with regard to the work that we are doing as the Senate vis-à-vis what is happening at the National Assembly. This Bill was developed recently yet a similar Bill by Sen. (Dr.) Khalwale that we started debating on in 2014 still remains on the back burner. I want to repeat what I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. I really do not wish to interrupt Sen. Mutula Kilonzo Jnr. because he always makes a lot of sense. However, would he point out which specific constitutional clause is being violated as he alleges?

.: Mr. Temporary Speaker, Sir, the late Hon. Seroney was famous for saying that “you do not need to substantiate the obvious.” The obvious thing under this Constitution under Article 1 in terms of representation and the spirit under Articles 91 and 92 and the chapter on Elections, is that the persons that put us in political parties are the voters. So, we cannot ourselves, as leaders, determine that we can change political parties without their consent. If I need to elaborate something so obvious, then we are doing the wrong things even as lawyers. Mr. Temporary Speaker, Sir, the contract between us and the people who elected us is the contract that you are in a certain political party. The clause that suggests that you can change that political outfit into another one – I am entitled to an opinion legally – violates the Constitution. I was going to yet another clause. The amendment in Clause 15---

Sen. Mutula Kilonzo Jnr., is it your point of argument and that you are not reading a specific clause?

.: Mr. Temporary Speaker, Sir, no. I am not reading a specific clause. However, I have just said that the spirit under Articles 91 and 92 of the political parties is the consent that we have been given by the voters. When we change that consent, just like a normal client-advocate relationship, or any other relationship of that nature, you must seek consent. Clause 15 of this amendment suggests that Section 21 of the principal Act is amended. They have now brought in a new Section (J) which speaks of Article 81(b) of the Constitution. Sen. Sijeny alluded to this. As from my reading of this amendment, I am The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. Sen. Mutula Kilonzo Jnr. should have cared to read the Political Parties Act as it is. Does he have a quarrel with the amendments or the Act as it is? The issues he is raising are in the Act as it is.

.: Mr. Temporary Speaker, Sir, I am quarreling with the amendment that suggests that upon the merger of the political parties, the member who has defected shall be deemed to be a member of that new political party.

I have no objection with Clause 8, which states that members have an option of not going. I am not speaking of us; this is the political class deciding the bed they want to jump in. I am talking about the people who elected the Members and the benefit that they have. That is my quarrel with the amendment. I was speaking about the Public Service Commision where we are subjecting the Registrar of Political Parties. This is supposed to be a prefect of political parties yet we are subjecting him to yet another process and making him or her just another civil servant or another servant who is hired by the PSC and removing the process that is in the Fifth Schedule and Sixth Schedule. These Schedules exist to ensure that we have a Registrar of Political parties who is firmly anchored in the Constitution. If Sen. Murkomen, for example, disobeys the Political Parties Act and the constitution of his party, irrespective of the position he holds, he can be disciplined if I raise a complaint as a member of that political party. I know that Sen. Murungi likes some of these amendments, but looking prospectively as opposed to what we want to do tomorrow and the day after before 2017, it is just clawing back on the principles of Articles 91 and 92. To that extent, I will not support those amendments that I have mentioned. Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, thank you, for giving me an opportunity to contribute to this amendment. It is not long when we passed certain amendments to this Act. At that time, we were redefining the threshold for funding of political parties. What surprises me is that when you look at the bulk of legislative business that we have in this country, this is one Act that has attracted a lot of amendments. This is an indication that we seem to be obsessed with politics and party business rather than legislation on other sectoral issues that affect this nation. 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. Sang)

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move and request under Standing Orders No. 54(3) that you direct that the putting of the Question be deferred to tomorrow.

(Sen. Sang)

Hon. Senators, having concluded today’s business on the Order Paper, the House stands adjourned until tomorrow, Wednesday, 8th June, 2016, at 2.30p.m. The Senate rose at 6.20 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