Mr. Speaker, Sir, I rise pursuant to the provisions of Standing Order No.45(2)(b). I beg to seek a Statement from the Chairperson of the Standing Committee on Land and Natural Resources concerning the mining of ballast by China Overseas Engineering Group Company Limited (COVEC) in Vihiga County. In the Statement, the Chairperson should explain if:- (1) The National Environment Management Authority (NEMA) undertook an Environmental Impact Assessment (EIA) and if so, what were the results. (2) The steps undertaken by the Government to address the concerns of the residents of South Maragoli in relation to the negative impact of the project to the community and infrastructure. The specific concerns include; (a) Rehabilitation of the local road network; (b) The ongoing water project; and (c) The fate of the resultant dam. (1) The specific Corporate Social Responsibility (CSR) benefits to the locals of Vihiga County and in particular those of South Maragoli Ward, considering that the project involves the construction of the Kakamega-Webuye Road. (2) If the agreement is adequate for the project, given its magnitude and the impact, and if the community was involved in drawing the agreement. Thank you.

Sen. Mwazo Mwakulegwa, please respond.

Mr. Speaker, Sir, on behalf of the Committee, we intend to respond in two weeks time.

It is so ordered. 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, Sen. Obure had requested for a Statement in which he wanted the Chairperson to explain why despite promises made by the national Government to introduce various interventions to deal with frequent power blackouts in Kisii and its environs, the situation continues to worsen day by day. Mr. Speaker, Sir, the source of supply in Kisii - the electricity distribution in Kisii County is supplied from Kenya Power’s main transmission substation at Kegati which also supports Nyamira, Migori and Homa Bay counties. There is also a transmission substation within Kisii Town. However, in recent weeks, the network experienced voltage dips across the sub-transmission network which was as a result of defective control equipment. This equipment has since been sourced and installed by 16th May 2016. Two, supply interruptions caused by trees falling on the power line during the past and current rainy seasons. Three, network maintenance activities have been intensified to stem escalation of such instances. We have taken a sample from 1st to 30th April 2016 to show the instances of interruptions as well as the measures undertaken to improve the power supply. There were two main causes; the falling trees during the rainy season as well as the shuttered pin and insulators due to lighting strikes in the region. Mr. Speaker, Sir, regarding future plans; in an effort to improve the quality and the reliability of power supply in Kisii County, the following are part of ongoing or planned projects intended to improve the quality of supply in the country; (1) The completion of the ongoing construction of Kegati-Awendo-Homa Bay transmission line and substation. That will greatly improve the ability to serve the customers in Kisii and the adjacent counties of Nyamira, Migori and Homa Bay. That project is scheduled to be commissioned by September 2016. (2) Establishment of a second transmission substation for Kisii Town near Kisii High School by 31st December 2018. Mr. Speaker, Sir, all the above projects will guarantee alternative and reliable power sources with inbuilt flexibility for the county. However, additional resources and manpower has been deployed to provide focused customer service to Kisii County and the surrounding counties. Parts of Kisii, Nyamira, Migori and Trans Mara have been hived off from the greater Nyanza to form what has now been named South Nyanza region, headquartered in Kisii County headed by regional managers. County business managers in each of the counties have been posted with full complement of teams who have the ability to address current and future challenges in these regions. Sen. Obure also wanted the Chairperson to explain the cause of the increase in billings in both domestic and commercial entities in the last three months. The response is that the approved tariffs applicable from 1st July 2015 to date have remained The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is it, Sen. (Dr.) Machage?

On a point of order, Mr. Speaker, Sir. The Chairman has said that the power station was improved in the month of May this year. Despite that, we have not seen any improvement in the power supply to Migori County, instead it has worsened. Could he therefore confirm or deny that the lack of power supply to Migori County is total sabotage by Kenya Power because of political reasons?

What is it, Sen. Obure?

Mr. Speaker, Sir, I just wanted to thank the Chairman for an elaborate answer and also note that some of my main concerns have been addressed. For example, the defective control equipment which was largely responsible for this frequent power blackouts and the fact that they are now intensifying inspection to ensure that trees which are falling on power lines are removed to avoid any further outages. The only thing I wanted to request the chairman to find out is why the Kenya Power has given the public more than 10 telephone lines for contact in the event of a serious emergency yet you cannot reach them even when you call any of the 10 numbers they have given. I want to ask the Chairman to ensure that the issue is addressed so that we can reduce human suffering and possible potential danger to the public. Mr. Speaker, Sir, I have other individual concerns which I will raise with the Chairman so that he can contact Kenya Power and other energy institutions. I do not have to raise it here.

Sen. Billow.

Mr. Speaker, Sir, Kenya Power is a company of contradictions. This is because you read about them saying there is so much power that they are thinking of exporting it then in the next minute, half of this country has unreliable power supply and it is very expensive. 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, try to be brief since the interest is quite high. Sen. Ndiema.

Mr. Speaker, Sir, I had ridden on the request and sought to know why some schools in Trans Nzoia County were supplied with solar power instead of the grid power when, in fact, the said schools were not more than three kilometers away from power lines. Grid power tends to benefit the community as compared to solar power which serves only the institution. Did they buy more solar power units than was necessary? I believe that there are certain parts of the country which require solar power more than Trans Nzoia. This particularly happened in Sinyerere Ward.

Mr. Speaker, Sir, I need a clarification on the issue that the many tariffs that are levied on Kenyans can only be reviewed after three years. We were told that we had surplus electricity at some point in time. Do we not have a way in Kenya of reviewing levies after six months or one year, since that rigidity of three years is costly for the Kenyan people?

Mr. Speaker, Sir, Kenyans have suffered for a very long time under the Kenya Power Company. I think they are subjecting Kenyans to this because of the monopoly they enjoy. The Senator for Kisii asked a very specific question and I do not think the Chairman has come out clearly to answer it. He asked about the numerous charges that are loaded on our electricity bills. This is one of the countries where electricity is very expensive and, as a result, we are scaring away investors. Some of us receive electricity bills of up to Kshs40,000 a month, just for lighting. Could the Chairman come out clear on the charges on our monthly electricity bills?

Mr. Speaker, Sir, as you are aware, all schools are supposed to be provided with laptops and they require electricity as the source of power. Could the Chairman convince us that by end of the year, the laptops project will have taken off?

Mr. Speaker, Sir, when the Jubilee Government came into power they extravagantly promised that in five years they were going to bring on-stream 5,000 megawatts of power. To date, three-and-a-half years down the line, from the public pronouncements we have been seeing and the launching of projects, they have brought on-stream less than 150 megawatts. Everytime we ask about power dips, outages and blackouts we are told that it is because of the weakness of the grid due to shortage of power. 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

Could the Chairman respond?

Mr. Speaker, Sir, Sen. (Dr.) Machage wanted to know when the Kegati-Awendo Substation will be completed. The project is ongoing. There was a breakdown of the machinery and it was replaced by 16th May, 2016. Therefore, the Kegati-Awendo line is still in progress. Sen. Obure wanted to know why the Kenya Power telephone lines do not work whenever there are issues and they are called. There are ten telephone lines, but there is an emergency line, 95551. If you call that number it will lead you to a call centre where you will be assisted. I have done that severally and there is no time I have failed to get a response from the emergency call centre. Sen. Billow wanted to know the reliability of power supply in Mandera and whether thermal power generation still exists. There is a table that I provided to Sen. Obure. From last year to date, geothermal energy has continued to outperform thermal energy. But we still need thermal energy, because our current demand is about 2,500 megawatts. Currently, we are producing 2,361 megawatts. We will continue using thermal energy until the green energy – geothermal – is accelerated and loaded to the national grid. That is why we continue having thermal energy, which is a bit expensive. With regard to Mandera, I do not have an answer right away. I could provide an answer later, specifically on the power supply to his county. Sen. Ndiema wanted to know why some schools are being connected to solar energy and not the national grid. I do not know the criteria being used to connect schools, but I can provide that information later. What I know is that if a school is within 600 metres from a transformer they will be connected to the national grid. Sen. Okong’o asked why the policy on tariffs remains unchanged for three years. Whenever a policy is adopted it takes time to be changed. The standing charges have remained constant; what has changed is the consumption rate. That is why the bills fluctuate. Sen. Khaniri wanted to know why consumers continue being charged highly on a monthly basis. In my response, I have provided an example of so many bills by Kenya Power Company. They show that the baseline and fixed costs do not change. What changes is the consumption. The billing has remained constant and I gave an example of the foreign exchange. We can follow up with the Kenya Power to do something about the billing. As we continue to produce more power, Kenyans expect the electricity charges to go down. However, the bills for heavy commercial and industrial users have drastically reduced because they consume electricity heavily. Sen. Karaba wanted to know how far the laptops project has been implemented given that it requires power. I gave an answer sometime back indicating that over 20,000 The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is it Sen. Okong’o?

On a point of order, Mr. Speaker, Sir. I wonder why the Vice Chairperson would respond to non-issues. Everybody else knows that this is cheating and he has answered loudly on the Floor. Was he in order to talk about issues which are outside the inquiries made by Members?

Mr. Speaker, Sir, I did not respond to non-issues. While I was responding, Sen. Wetangula said that; “do not cheat on their behalf”. That is why I responded by saying I am not cheating. I have given figures and I said figures do not cheat. All I said is that from 1,794 megawatts to 2,361 megawatts, there has been some growth in that sector. It is not adequate and that is why I have said we need to accelerate that growth so that by 2017, the 5,000 megawatts they promised is delivered to the Kenyan consumer.

Vice Chairman, for my own understanding, it has moved from what to what production?

I said it has moved from 1,794 in 2014 to 2,361 megawatts today. There has been increment of 500 megawatts but there is a total shortfall of 2,600 megawatts.

On a point of order, Mr. Speaker, Sir. I think the Vice Chairman did not clarify some of the questions I sought. Regarding the increase by 500 megawatts, you will notice that nearly 300 megawatts is from thermal power plants. Those are political projects. Could the Vice Chairman clarify how many megawatts actually came from geothermal which is the main source that we were targeting in this five-year period?

Order, Sen. Billow. Let me allow the Vice Chairman to respond.

Mr. Speaker, Sir, I had already given an answer earlier. I stated – and I want to repeat - that geothermal was producing 366 megawatts. Currently, geothermal is at 658 megawatts. Secondly, the other increase has been thermal which was at 576 megawatts and is now at 829 megawatts. The other increment has come from wind The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Members. Vice Chairman, I made an observation that you started recounting one year later. My understanding, which is also yours, is that the Jubilee Government, including you in the Senate, came into being in 2013 but not 2014. So, I am surprised that Sen. Wetangula is actually unhappy. He should be happier because maybe if we added one more year, it could be more.

On a point of order, Mr. Speaker, Sir. I seek your indulgence to table some petition reports for four counties that came in a bit late.

On a point of order, Mr. Speaker, Sir. There is no project that can be started in one year and you get power in the same year. The Jubilee Government is reaping from the Grand Coalition Government. So, we need to know what has been started by the Government that I am part of rather than counting oranges, tomatoes, potatoes and everything.

Order, Sen. (Prof.) Lonyangapuo, we had actually dispensed with that matter. However, you are even making your own case worse. When you say “my own Government where I sit”, then you should tell us. Why are you telling others to tell you?

Order, Members, let us go back to the Order Paper. We will go back to Order No.5 on Papers.

On a point of order, Mr. Speaker, Sir. I thought we were on statements and we have only dealt with one.

Yes. In the Standing Orders, there is a provision that states that the Speaker, for the convenience of the House, can reorder---

It is very easy because statements are many. These are small issues which we can deal with before we forget and resume statements. Sen. Billow.

Mr. Speaker, Sir, I beg to table, today, 9th June, 2016, The Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition---

Order, Sen. Billow, you owe the House an apology, especially when the House has been very generous to you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, thank you very much. I apologise for tabling these reports late. I seek the indulgence of the House to lay on the Table of the House, the following Reports:- Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Daniel Chitswah, the Speaker of Vihiga County Assembly, concerning taxation of allowances and other benefits paid to Members of County Assembly (MCAs) and the staff of the County Assembly. Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by residents of Machakos County concerning breach of the Constitution and other laws by the County Executive and the County Assembly of Machakos. Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Hon. Festus Ndeto, MCA representing Kola Ward in Machakos County concerning marginalisation of Kola Ward in the implementation of development projects by the County Government. Lastly, Report of the Standing Committee on Finance, Commerce and Budget on the Petition to the Senate by Julius Masiva Obuga concerning employment of workers at the Vihiga County Assembly and the wastage of public funds by the County Assembly. Thank you.

Order, Members, I also have a petition to the Senate by five residents of Bungoma County concerning corruption and other grievances. Hon. Senators, pursuant to Standing Order Nos. 220(1)(a) and 225(2)(b), I hereby report to the Senate that the Petition has been submitted through the Clerk by five residents of Bungoma County concerning corruption, breach of Public Finance Management (PFM) laws and regulations and other grievances against the County Government of Bungoma. In summary, the petitioners state as follows:- (a) That the County Government of Bungoma has since 2013 failed to prudently use the resources allocated to the county as well as revenues generated within the county, thus, accruing debts of close to Kshs3 billion as at the end of 2014/2015 Financial Year. (b) That Bungoma County Government presides over rampant misappropriation, misuse and misallocation of funds, corrupt practices, spending beyond budgetary allocation, impunity and breach of the Public Finance Management and Procurement Laws and Regulations in the County. The particulars of these averments are detailed in the Petition. The petitioners, therefore, pray that the Senate investigates these matter and makes appropriate recommendations, thereon, to address the petitioners’ grievances. 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, it is interesting that we are getting a petition from Bungoma County, which had become notorious because a wheelbarrow in that county was reported to be costing similar prices to some of the vehicles that are manufactured in countries like India. It is important that Kenyans are bringing these petitions to the Senate. It is a clear indication that they have confidence that this House will investigate these matters and recommend appropriate action. One of the challenges that petitioners face is that although we make commendations to the office of the Director of Public Prosecutions (DPP) for action, they do not move with speed to investigate and prosecute those particular cases. Going forward, our Committee, in particular, the Senate Committee on Finance, Commerce and Budget is in the process of inviting the Office of the DPP so that we can go into a mutual agreement to ensure that an officer from that office will sit in the Committee during our deliberations so that they get the facts relating to all the cases. This is to facilitate their work so that in case there is any recommendation regarding prosecution, they can deal with it. It is important that we deal with all these incidences that have been raised in petitions such as the one from Bungoma County so that the level of corruption, pilferage and theft of funds in the counties is brought to a halt.

Bw. Spika, asante kwa kunipa nafasi ya kuunga mkono malalamishi haya. Bw. Spika, kuna kulalamika na kunung’unika. Kunungu’nika ni ile hali ya kupigo domo tu bila kuchukua hatua yoyote. Wakenya wengi tunapenda kununung’unika. Tunayotaka sisi ni kulalamika na kuhakikisha maneno yamewekwa katika maandishi kusudi jambo lile liweze kufuatiliwa. Haya malalamishi ndiyo tunataka kuliko kunung’unika. Bw. Spika, naunga mkono watu wa Bungoma kwa jambo walilotenda na ninahimiza jambo hili lifanyiwe kazi kwa haraka.

Mr. Speaker, Sir, looking at this petition, I am concerned that we may be receivingvery many petitions from many counties. My concern is that our Standing Orders require that when a petition comes, the recommendations of the committee concerned cannot be debated but rather have to be implemented. I am wondering what will happen if the recommendation of a committee is such that the governor should go. Will he go? We need your direction on this matter considering that we have been through some issues related to this kind of approach and we may be opening a different chapter.

Mr. Speaker, Sir, my comment on this is that we are at least happy that this Petition has not been brought by a Senator who is running against the governor of the said county because the Senator of that county is running for the Presidency and not governorship. Consequently, I believe that it is not out of vindictiveness but concern. The missing link between the complaints in the petitions is prosecution. This is because we have had so many petitions to the Senate Committee on Finance, Commerce and 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

Conclude, Sen. Kagwe.

Mr. Speaker, Sir, I support the Petitioner but seek that my colleagues address the bigger matter of what to do when we conclude those petitions.

Mr. Speaker, Sir, I thank the Petitioners from Bungoma County for bringing up an issue which is rampant in this country. As my colleagues have said, it seems like the governors are having a field day because the other systems are not working. For example, the Ethics and Anti-Corruption Commission (EACC) has many cases and Kenyans have reported the vices but nothing is being done. Also the Office of the Director of Public Prosecution is also not doing anything to that effect. We need to go beyond addressing petitions and come up with practical ways of curbing this run away malpractice at the counties.

Mr. Speaker, Sir, I also want to register my comments based on the arguments made by my colleague in the Senate Committee on Finance, Commerce and Budget, Sen. Kagwe. These petitions, in my opinion, will either break or make the Senate in the eyes of the public. In many occasions, when the petitioners present their petitions, they look at the Senate as the House of last resort or as a place where they can find refuge from the plunder that is being carried out in the country by most governors. It will be a great adversity to the promise of devolution if we let these governors to go scot free. Mr. Speaker, Sir, I sit in this Committee and I have had an opportunity to look at petitions, not only by residents of Bungoma County, but also from Bomet county, which has been concluded. You can clearly see that money has been lost.We have however been reduced to a House of “spouters” who make a lot of noise without giving directions to the country. I do not think we shall be forgiven by 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

Mr. Speaker, Sir, I join my colleagues in lauding members of those respective counties for being vigilant and concerned enough to raise issues regarding wastage of funds in their counties. We should encourage members of the public who have the interest of their counties at heart to take initiatives to raise such petitions. If you listen to the Member of County Assembly (MCA) from Machakos County who has realised that there is a deliberate attempt to refuse to fund projects in his Ward just because he is not singing the same song as the governor, that is the type of leaders that we want. From the counties that we come from, particularly my county, there are some peculiar wards that have been shut out because they do not sing the governor’s name in the morning, mid-day and evening. This is a terrible way of slavery that has arrived in our counties. As we look at these petitions, we should also come up with a procedure to compel relevant Government arms like the Ethics and Anti-Corruption Commission (EACC) and the Office of the Director of Public Prosecutions (DPP) to quickly institute a lifestyle audit on some of these fellows who were nobody yesterday morning and became instant millionaires overnight. I am told that there are some who have even decided to build helipads on top of their houses and these are people who were just ordinary in the village. I support this and I encourage it. I am waiting for some from West Pokot, Turkana and Trans Nzoia counties who are my neighbours, now that Bungoma County has started.

Order! Sen. (Prof.) Lonyangapuo, speak on the one of Bungoma County for now.

Mr. Speaker, Sir, by the time a member of the public decides to write to the Senate, a lot of work has been done and a lot of frustration has occurred. At the county level, there are all arms of Government which can handle these situations but the last resort is the Senate. It looks like the multiplicity of institutions dealing with theft or corruption has not helped this country. It looks like it was even better when there was only one institution called the police to deal with such situations. Today, even outright theft is categorized as corruption and, therefore, subject to investigation. In my village, if a mwananchi steals chicken, he is apprehended maybe by 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

Strictly the last three: Sen. (Dr.) Zani, Sen. Khaniri and then Sen. Wetangula, in that order.

Mr. Speaker, Sir, the promise of devolution and especially the way it is being implemented has become a big disappointment for many people, especially the misappropriation of funds. In the Committee on Finance, Commerce and Budget, more and more petitions are coming about the same. I think it raises a fundamental question where even when we begin the debate about the Constitution and the sort of dialogue and changes that we want to engage in, to begin to think about the nature of how governors should get into office. I know of countries like Sweden who have resorted to appointing of governors rather than electing them; such appointees are regarded as Chief Executive Officers (CEO) and directly answerable. I think the problem that we have had with governors is that at the end of the day, they are elected and they feel that they owe their allegiance to the electorate. So, to remove them – this is the argument that they present – it would take the people who elected them, depending on whether they were voted in or not. In most counties, you would expect finally that the buck stops with the governor. He should be the one who should be answerable. I think it has already been expressed that we have been unable to make the governors accountable. I know especially in this society, as long as something is not punitive, people will try to get away with it as much as possible. However, I think it also gives us a chance,because this is the first time that we are implementing devolution, as we go into the elections, the citizens are watching, becoming more alert about the sort of people they want to elect and are even looking at their qualifications. Even as they continue to engage in the voting, they do so for people who are patriotic and who are really interested in entrenching and making devolution work.

Mr. Speaker, Sir, listening to this Petition, I now understand the bitterness that is driving many Senators to go and run for these positions of governor. I take this opportunity to hail the five patriotic residents of Bungoma County for their bravery in bringing this Petition and for the confidence that they have in this Senate to address issues affecting them. The story of corruption, misappropriation and spending beyond budgeted figures reads the same in all counties. It is the duty of this Senate to ensure that this comes to an end. Devolution is not benefitting Kenyans as envisaged in the Constitution. Governors have deliberately decided to preside over very corrupt regimes to enrich themselves and their cronies. Kenyans are crying loudly to the Senate. I support the sentiments made by my colleagues who spoke earlier, that unless we take action on some of these governors and bring them to book and send some of them to jail, we will not be able to stop the corruption, theft and plunder that is going on in the counties. 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, before I make any comment, I thank each Senator who has shown interest in this Petition from Bungoma County. I salute the five courageous residents of Bungoma County who have filed this Petition. For ordinary citizens to come to this House and file a petition to highlight issues of corruption, it means that they have lost hope along the way, to the effect that the Directorate of Criminal Investigations (DCI), the EACC and all institutions of Government are not working. Mr. Speaker, Sir, Bungoma is the county with notoriety, where in the first year, the governor presented a budget where he had allocated Kshs53 million to fight pornography that does not exist in Bungoma. He had provided Kshs54 million for personal entertainment. This means that he was to spend an average of Kshs1 million plus on personal entertainment every week. It is the county with the notoriety of the governor spending public funds to invite a man from Congo called Kanda Bongo Man to the county to dance the whole night, where the governor himself was dancing. It is the county where a wheelbarrow was bought for Kshs109,000 which translates to 2725 per cent above the normal purchase price of a wheelbarrow. This is the county where a meat hook which hangs a leg of a cow in a butchery was bought for Kshs34,000 when it costs Kshs400. It is the county where a parcel of land that would have cost Kshs47 million was bought by the governor at Kshs163 million. It is the county where recently, the governor purchased a chair worth Kshs2.7 million to be carried around for him to sit on whenever he goes for a funeral. Mr. Speaker, Sir, these obscenities are the frustration that drive residents to run to this House. The only good thing that appeared in Bungoma County recently is when a courageous young man hang onto a helicopter and looked like James Bond. Otherwise, everything from my county is stinking. It may be recalled that the Ethics and Anti- Corruption Commission (EACC) went to Bungoma on an investigation mission and found an official of the county with Kshs6 million under his mattress. Up to today, he has not been prosecuted or been taken to account. It is the county where the governor and his government can award two contracts on one road, from A to B and B to A and pay for both simultaneously. This is how money is being stolen. This story sounds like every other story in every other county but Bungoma is the most notorious. It is the only county that is leading in pending bills. When the Controller of Budget released the list of pending bills, Bungoma County had Kshs2.7 billion pending bills against the provisions of the Public Finance Management Act (PFMA). I want to urge my brother, the Senate Majority Leader, that we need to sit together and re-look at the Standing Orders. We need to know what to do with the end product of petitions that come to this House. Bringing witnesses to give testimonies and then The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order Members, we may now proceed with Statements. Sen. Sijeny, you had a Statement to seek.

Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Standing Committee on Health. In the Statement, the Chairperson should address the following:- (1) state whether the Jubilee Government policy on free maternity is being implemented and how effective it is; (2) state how much money each county received towards free maternity in the Financial Year 2015/2016; (3) explain why up to five mothers and babies admitted at Kisumu County Hospital are sharing a bed, and; (4) explain the measures that the Government intends to put in place to alleviate the suffering of mothers and new born babies admitted in hospitals.

Chairperson or Vice Chairperson of the Committee on Health. Sen. Kittony.

Mr. Speaker, Sir, we will respond in a week’s time.

It is so directed, in a week’s 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. Speaker, Sir, I do not have the answer with me. It came by email and it has not been officially signed. I will give an answer next week.

It is so ordered. Statement (c); Vice Chairperson Standing Committee on Energy. FREQUENT POWER OUTAGES AND SURGES IN KINNA SUB-COUNTY

Mr. Speaker, Sir, I would like to respond to the Statement sought by Sen. Adan. In the Statement, she wanted us to explain why there is loss of power for long periods and frequent surge of electrical power in Kinna Sub-County in Isiolo County. The response is as follows:- (1) The source of power for Kinna Sub-County; Kinna Township in Isiolo is approximately 160 kilometers from Isiolo Town and 40 kilometers to Maua Town in Meru County. The supply line delivery power to Kinna Sub-County is from Kenya Power Meru Sub-station through Maua Town. It also supplies Garbatulla in Isiolo County and ends in Banane which is situated in Garissa County. The state of the network configuration has been as a result of Kenya Power distribution network expansion over the years. Loss of power for long periods is caused whenever the supply line from Meru suffers an interruption. Kenya Power has faced challenges in responding to customers’ complaints from Kinna Sub-County and beyond when a line has a problem due to insecurity which limits staff mobility. Unfortunately, this has led to lengthy delays as Kenya Power seeks the assistance of security personnel to aid staff access the area and carry out patrols and repairs. The road network sometimes also becomes impassable, especially during rainy seasons. Concerning question two, on what measures the Government is taking to prevent the frequent surge and loss of electrical power in Kinna Sub-County, the response is as follows:- In order to stabilize the supply line and prevent interruptions, the following course of action will be undertaken:- (a) Intensify inspection and maintenance of the distribution network with the assistance of the security agencies, including the Nyumba Kumi Coordinators and local leadership to enhance accessibility to the affected areas. (b) Initiate establishment of a Kenya Power operations office at Garbatulla with the intention of bringing services closer to the customers. This will be done by 30th June, 2017. 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, first, I thank the Chairperson for this elaborate statement highlighting the plan the Ministry has for the people of Kinna in Isiolo County. However, it is disappointing when the Chairperson says that they are unable to maintain the power lines due to insecurity. Really, is that position satisfying? Do animals live in that area? That is not an excuse. It is important for the Ministry to have a better excuse, not security. We are not animals. Human beings live there.

Order, Sen. Adan. It is statement time. Do not use this as excuse to debate.

Mr. Speaker, Sir, finally, the other concern is the issue of compensation. Most of our people do not know how compensation is done. I wish the Ministry could build the capacity of the locals to ensure that when there are such dangers, they can follow up compensation stages.

Mr. Speaker, Sir, I would like to make a further inquiry. Isiolo County is one of the counties which I thought enjoy what the President said; the last mile connectivity. If what has been raised is true, then could the Chairperson inform us how many institutions have not been connected to the electricity grid in that county and neighbouring counties?

Mr. Speaker, Sir, regarding Sen. Adan’s concern about accessing the areas, I said that rainy season and insecurity are the main challenges. I have also explained the measures being undertaken to make the areas accessible. Regarding compensation, Kenya Power has appointed County Business Managers in all the counties. They have full complements that are able to access and reach the customers. If the people do not know how to pursue their claims, I urge my colleagues to sensitize the public during public barazas . If they have any damage arising from electrical fault, they can approach the County Kenya Power offices. They will be guided on how to fill the forms. They will be assisted to get compensation. Sen. (Prof.) Lonyangapuo has requested for information on institutions that have not been supplied with electricity. This is a new request. I will send it to him personally. I am not in a position to give him details now because this was not part of the statement requested. 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

Well done, Chairperson. Next statement. That is Statement (d). Proceed, Sen. Kagwe. PLANS BY THE GOVERNMENT TO BAN MITUMBA TRADE

Mr. Speaker, Sir, the response to the Statement was delegated to me by the Chairperson. We have it but it is not signed. Also, there is nothing showing ownership. Therefore, as a Committee we have decided to summon the Cabinet Secretary concerned to respond to those issues, not only to the Committee but to the whole House. With your indulgence, we would like to be given at least two weeks so that we can summon the Cabinet Secretary to come to the House and explain.

Mr. Speaker, Sir, I agree with my good friend, the Senator for Nyeri. This is a very important matter. If that is the decision of the Committee, I have no problem. I would wish to be informed when the Cabinet Secretary is coming so that I can attend that session as a friend of the Committee.

It is so ordered. Next statement! Where is the Chairperson of the Standing Committee on Land and Natural Resources?

Mr. Speaker, Sir, following the request for a statement on weather forecasts made by the meteorological department---

Order, Sen. Kivuti, Chairperson of the Committee on Land and Natural Resources. I do not see any weather forecasting in statement 2(e).

Mr. Speaker, Sir, I rise to respond to the request for a ministerial statement on validity of weather forecasts by the Kenya Meteorological Department as requested by Sen. Okong’o.

Sen. Khaniri, do you wish to assist your Chairperson?

Mr. Speaker, Sir, I have two of them. I was responding to 2(f) instead of 2(e).

Order, Senator! I repeated and made reference to statement 2(e) twice. You ignored twice and attempted to respond to statement 2(g) twice. You can conclude the rest. COMPENSATION OF LAND OWNERS ALONG THE STANDARD GAUGE RAILWAY (SGR) ROUTE

Mr. Speaker, Sir, I understand why my Chairman is rushing to the other one. We do not have the answer to this one. I have a letter that we wrote to the Ministry.

Order, Senator! Since the one who requested the Statement is not here, those are unnecessary details. Let us go to Statement 2(g); beloved of the Chairperson. Sorry, it is statement 2(f).

Mr. Speaker, Sir, you also made an error this 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

Maybe we need some doctors to determine whether your errors are infectious.

Let me acknowledge the presence of a delegation from Kenyatta University in the Speaker’s Gallery. I request each member of the delegation to stand when called out so that they may be acknowledged as per the Senate tradition. Prof. Paul K. Wainaina, Acting Vice-Chancellor, Mr. Stephen M. Mboroki and Mr. Charles Musyimi. On behalf of the Senate and on my own behalf, I welcome you to the Senate and wish you well.

Sen. Okong’o.

Mr. Speaker, Sir, let me thank the Chair for belatedly bringing this answer which I sought in February this year. At that time, there were a lot of inconsistencies in weather patterns. I have heard the Chairman say that the weather forecast department has been accurate which is not true because we still have inconsistencies. What I need to be clarified on is about the modern equipment procured by the department for the last ten years.

The Chairman, could you respond to this?

Mr. Speaker, Sir, I actually took that question very seriously and that is why I did not jump any part of the answer to question three which sought to know what equipment the meteorological department has. I will not read all of them again because I have gone through more than two pages. They are inclusive of observational systems and networks which I just read a few minutes ago. Service observation systems, upper layer observation systems, space based observation systems, telecommunication systems and networks, data processing analysis and forecasting systems, data base management systems, conduct and information dissemination systems and human capital. I do not think I need to repeat that.

You do not need to repeat. Next statement by the Senate Majority Leader.

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)

(Sen Mositet)

(Sen. (Prof.) Kindiki)

(Sen. Mositet)

(Sen. (Prof.) Kindiki)

Sen Mositet)

(Sen. (Prof.) Kindiki)

Order! Sen. Orengo. The House was very silent until you came in.

(Sen. (Prof.) Kindiki): I know that for the past two weeks, he has been engaged in activities outside this House. So, he needs to align himself to the activities of the Senate. Mr. Temporary Speaker, Sir, this Bill consolidates the law on energy. Secondly, it aligns the responsibilities of national and county governments with regard to energy with the new Constitution of Kenya of 2010. I do not know whether it is still new but it used to be new. I think it is getting older but it remains the Constitution of Kenya, 2010. Mr. Temporary Speaker, Sir, allow me, by way of this Second Reading debate, move this Bill by highlighting some of the key provisions of this Bill. In Clause 3, the Bill describes itself as the framework law on energy. In other words, this is the Bill that will apply. In the event of any conflict between this Bill and any other law on matters of energy, the Energy Bill will prevail. It is a framework law, just the same way, in matters of environment, The Environmental Management and Coordination Act supersedes any other sectoral statutes that touch on aspects of the environment. I also want to highlight Part Two which comprises of Clauses 4 to 8. I want to mention that the CS is under obligation to develop a national integrated energy policy which must be reviewed every five years. The same Part requires the CS to publish a report on implementation of the national integrated energy plan every year. 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.

Order, Senate Majority Leader. What is your point of order, Sen. Hassan?

Mr. Temporary Speaker, Sir, did you notice the almost derogatory way the Senate Majority Leader singled me out casually by saying Hassan Omar, without due reference to what was given to me by the people of Mombasa as “en. Hassan Omar”? He went ahead to explain to me what renewable energy is. I am a proponent of renewable energy. After all, there is Sen. Kanainza, the Senator for Uasin Gishu, the Senator for Makueni and Sen. (Dr.) Zani. Why would he think that I am the one who needed some specific elaboration on renewable energy?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, first and foremost, I apologise unreservedly to the Senator for Mombasa County, Sen. Hassan Omar Hassan, for not referring to him as such. It was inadvertent but not intentional. Secondly and finally, I noted that Sen. Hassan Omar Sarai has not denied that he is a layman. My fear was that he was contesting that he is a lay person. What he has asked is why I singled him out because I know he is a layman. The other colleagues I see here are quite fluent on matters energy. The last time I checked, Sen. Hassan is more at home with other topics which I do not want to list here. The last time I checked, energy is not one of them and I am not aware that Sen. Hassan has gone back to school since we joined the Senate in 2013. Mr. Temporary Speaker, Sir, allow me to say that that the REREC will make sure that rural areas access electricity and also ensure that renewable energy is promoted. 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

.: Mr. Temporary Speaker, Sir, I don’t know whether I am supposed to refer to the Senate Majority Leader, as my older brother now that he has referred to me as his younger brother. I rise to support The Energy Bill (National Assembly Bill No.50 of 2015) which is quite large and contains several matters. Just as the Senate Majority Leader said, it is important that the Committee scrutinizes this Bill particularly on functions of counties. I am very impressed and I must say that we are making progress as Parliament in terms of drafting laws that concern county governments. This is because the drafters of this Bill did not hesitate to mention not only in text, but also involving the Council of Governors in the new proposed Energy Regulation Commission set up under clause nine of 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

Mr. Temporary Speaker, Sir, let me start by observing that this is a very important Bill. In a very innovative and systematic way, it brings across the various sectors and tries to create order by mainly creating various regulatory bodies. For example, starting with a commission that has quite a bit of power to ensure that there is order in the sector. It looks at issues like licences and, indeed, also co-opts the role of county governments to ensure that it is done in a proper way. This Energy Bill is critical because I think it will bring order. Therefore, I stand to support it. Let me highlight some of the critical issues which might be important as we think and debate this Bill. The first is that the Cabinet Secretary will develop and publish a National Energy Policy, which is critical. I think many times we move on very quickly to make legislative proposals without looking at the general policy framework. I was really happy when I looked at this Bill and saw that there has to be a published energy policy. Better still, this policy in terms of the implementation and its upkeep, will be through a report that will be shared annually to Parliament, three months before the end of the year. So, this annual published report will also give direction as to how far the implementation of a policy has gone. I think that is a good idea as well because it helps us to link theory and the actual thing. So, policy being theory and the actual implementation to see how far it will go. The Cabinet Secretary will also develop, publish and review an energy plan in respect to the midstream and downstream petroleum, coal, renewable energy and electricity to ensure reliable energy services. Apart from having a general national plan that will be critical, as Sen. Mutula Kilonzo Jnr. Said, this plan will be cascaded. Again, if you look at the areas which it touches on like the key energy resources like coal and electricity, we have a lot of reserve for renewable energy that can be utilized. With the right policy and drive from the Cabinet Secretary, we should be able to get that. Mr. Temporary Speaker, Sir, it is also expected that County Energy Plans should be made and subjected to the Cabinet Secretary. I think these plans need to be cascaded. To avoid disorder in this sector, it will be important that maybe we start with the bigger policy which is the national plan and then move to the county plans but also give guidelines so that those county plans are directly cascaded from the main national plan. 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 now call upon the Mover to reply.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I do not wish to say any more than what I have said. However, given that we do not have enough Senators to proceed with a Division, I request you direct that the putting of the question be deferred to next week under Standing Order No.54(3).

I order the putting of the question to be deferred to next week when we will have the numbers.

Next order!

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Access to Information Bill (National Assembly Bill No. 36 of 2015) be read a Second Time. Just like the Energy Bill, this Bill must be enacted by both Houses of Parliament latest, 27th August, 2016. This Bill gives effect to Article 35 of the Constitution of Kenya on access to information. Other than that, it confers on the Commission on Administrative Justice the oversight and enforcement responsibilities with regard to access to information by the people of Kenya. Mr. Temporary Speaker, Sir, allow me to highlight the ingredients of Article 35 so that we understand what this Bill seeks to do. Article 35 gives the right to access of information to any person. Let me correct myself. It gives this right to every citizen. The choice of the word “citizen” is very deliberate. I was a professor of international law, especially human rights law. Sometimes in the Constitution or the bill of rights reference is made to “every person.” In other places, the same Bill of rights makes reference to “every citizen.” It is because there are certain rights that can be enjoyed by any person; natural or juridical person. Juridical person is like a corporation or company which is a person in law. 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 Mositet)

Mr. Speaker, Sir, we are actually age mates though I look younger than him. From the beginning, I wish to state that this Bill in its entirety, all folds, all sections, was developed by the Information Communication and Technology Committee of the Senate, though for some reasons it found its way to the National Assembly. I was telling my Chairman that his Bill is now on the floor. Some of these things at times disappoint me, but I am learning through the Senate that I should practice my Christianity a little more. I want to correct an impression created by the Senate Majority Leader. Chapter Four which is the Bill of Rights which this Bill comes under is one of those very fundamental chapters. If there is victory of this Constitution other than Chapter Four and Chapter Eleven which is on Devolution, there is no other. This is what they taught us about the Bill of Rights, though I do not know what would have happened if the Senate Majority Leader was my teacher. The Bill of Rights, like fundamental freedoms, is inalienable. You are born and you have it, it is not given. It is not granted, it is inalienable. It is like your hair.

Sen Mositet)

(Sen. (Prof.) Kindiki): On a point of order, Mr. Temporary Speaker, Sir. I appreciate the brilliance of Sen. Mutula Kilonzo Jnr. but I also accept that he has submitted that he was not fortunate to have been taught by myself. Is it in order for Sen. Mutula Kilonzo Jnr. to mislead this House and Kenyans that rights are absolute? The inalienability of rights, which he is alluding to, the inherency of rights, is subject to the nature of the right. It is in this connection that some rights are derogable such as the right to access information. Some other rights like the right to freedom from torture are non-derogable. You cannot say there is a justification to torture someone. However, access to information, assembly, association are derogable rights, I know what I am talking about. 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 Mositet)

Mr. Temporary Speaker, Sir, the problem is that with teaching, every time you go to class you carry a marking scheme before you set an exam. I was talking about the principle of fundamental rights, even before I get to the exceptions. This is because the principle of a fundamental right is that it is inherent. It is like a right to life, to speak or to walk. That right is granted to you, it is unalienable. Regarding the rights of information, unknown to Sen. (Prof.) Kindiki, when the national Government refused to disclose about the attack of our soldiers in Somali, a video was circulated in the internet giving graphic details of how our soldiers were butchered. When the Senate Majority Leader says that the opposition was demanding the information, I am simply saying that in this arena of information, even when the national Government denies that information to Kenyans, somebody somewhere will disclose it. That video is in circulation and it paints a very bad picture about the national Government and why it did not want to disclose what truly happened to our sons who we sent to Somalia. The Senate Majority Leader was referring to the right to picket and demonstrate under Article 37 in reference to my Coalition and that of Sen. (Dr.) Zani, the CORD. He said that the right to demonstrate and picket can only be limited under Article 25 by a law. If you are going to limit the right of information here under Article 35, you then draft a law. I was then going to tell him, in his good teachings, that there is no law to stop the right to picket and demonstrate in this Republic. Mheshimiwa Nkaissery is not a law. There is no law. So you cannot claim: “I have banned it and there is a law.” They have charged Sen. (Dr.) Khalwale with violation of a non-existent law. There is this word that is coined about Serikali but it is Sirikali . That Sirikali is about information. We have made tremendous strides in the right to information. This is one of those Bills that will put Government agencies and institutions to absolute check and this is the reason - you look worried, Mr. Temporary Speaker, Sir - the Bill of rights applies to all law and binds all state organs and all persons. That is Article 20 which is the application. What about implementation? When I talk about Article 21, I need to read it again to the people who are managing our security so that they understand. It states:- “It is the fundamental duty of the state, national government and every state organ to observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights. “ That obligation is on the state. So the obligation of the right to demonstrate and picket must be promoted by the state, not hindered by the state. They should find a method. I would have preferred if the national Government would have found out through our good Attorney-General, the Professor, a method or a legal framework which would define how one pickets and demonstrates like they do in Europe and China. These fundamental rights are absolutely guarded. This chapter is important and I want to go to Article 23, so that when the CORD goes to court, about their right to picket and demonstrate, similarly, the person who will infringe this right of information under Article 35 will have to deal with the High Court. This is a very fundamental Clause. It states:- 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 now wish to propose the question.

Sen. (Dr.) Agnes Philomena Zani, you may proceed.

Thank you Mr. Temporary Speaker, Sir. I like it when you are chairing since you call out all my names. The freedoms that this Constitution has given us cannot be taken away even as the Government in office wishes to do so. When people have a right to picket, this is their right. Preliminary to the right to picket, various engagements were made. Our Coalition, the Coalition for Reforms and Democracy (CORD) was very clear about seeking dialogue. This is part of information sharing that we are talking about.

It is the Coalition that the Senate Leader of Majority represents that refused dialogue for a very long time. When you try to engage in a process---

What is your point of order Sen. Sang’?

On a point of order, Mr. Temporary Speaker, Sir. Did you hear Sen. (Dr.) Zani indicate that the Jubilee Coalition has refused to engage through dialogue? The true position is that the Jubilee Coalition believes in dialogue and that we have all along been willing to dialogue. The only position that we took was that the dialogue needs to be within the legal framework provided by the Constitution. Is Sen. (Dr.) Zani professing that dialogue only means dialogue outside the Constitution and that dialogue within the structures provided in the Constitution is not considered by the other side of the Coalition as dialogue? 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, if the wise Sen. Sang, who has just walked in, took a bit of time to listen to my argument and understand what I was talking about, he would have not raised that point of order. I was actually going through historical trajectory before the demonstrations. If you remember well, our part of the Coalition called for dialogue at that time and even much earlier on. Even before we come to the question you are raising now about the form of dialogue, which is still under contention, we have to seek consensus while trying to get to the point of how that dialogue will happen. The preliminary point was the earlier dialogue that we sought for. Picketing is allowed in the Constitution whether we like it or not. We have made provisions, as a Coalition that we picket in the most peaceful manner. We, as a Coalition, have made a point, to be sure to communicate what we are picketing about. We are talking about an important institution, the Independent Electoral and Boundaries Commission (IEBC). We do not want to find ourselves in 2017 with an institution that is lacking in capacity. Having an IEBC that has not been institutionalized in terms of capacity to handle an election will create other problems. This should be something clear and nothing to be protective about--

What is it Sen. Sang?

On a point of order, Mr. Temporary Speaker, Sir. I respect the Professor, Sen. (Dr.) Zani, and agree with her when she says that the issue of IEBC is a straight forward matter. However, every aspect on how to deal with the IEBC issues is clearly provided for in the Constitution. This includes how to constitute, reconstitute, disband and hand issues of IEBC. This is the position we have all stood for on our side of the Coalition. Is she in order to purport sharing that information with me when it is actually her side of the Coalition that needs that information? It is quite straight forward and is a matter that we can sort out within the existing structures.

Mr. Temporary Speaker, Sir, I like when Sen. Sang is annoyed because he also promotes my credentials by giving me tiles such as Professor that I do not have although I am hopeful that he is praying for that, as he acknowledges the potential that I have. It is interesting when we are talking about the Constitution. Every time we have a debate in this country we need to take it to the next progressive level. We cannot stay at one particular point given the fact, Sen. Sang, that there are other decisions that have been made against the same provisions, starting with the latest on the appointment of two people of the same gender to a public institution which you are aware of. Additionally, the provisions that were in the Ethics an Anti-Corruption Commission (EACC), that were not as per the Constitution. Let us call a spade a spade. Let us not run to the Constitution when it is valid to do so. What we are saying is that we need dialogue and we need it today and now. We need to get some level of sober-headedness and say that we do not need to have a situation where we are going to have this country go up in flames because we do not want to use the same information we are talking about, the same freedoms that are in the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, looking at this Bill, access to information is a right as stipulated in Article 35 of the Constitution which states:- “Every citizen has the right of access to – (a) information held by the State.” Therefore, the State is supposed to give information to every citizen. Article 35(b) further states:- “(b) Information held by another person and required for the exercise or protection of any right or fundamental freedom.” This information must also be made available. Therefore, access to information becomes a guiding principle that will enable us achieve this part of the Constitution. Clause 3(b) of the Bill requires public entities and private bodies to proactively disclose information that they hold and to provide information on request in line with the constitutional principles. It is, therefore, important that the public is given civic education so that people know that there is a channel that they can follow to enable them get particular information. This also applies to the format or the mode in which they can apply to get this information. I believe this is stipulated in this Bill that will soon become an Act of Parliament. Mr. Temporary Speaker, Sir, Clause 3(d) says:- “Promote routine and systematic information disclosure by public service and private service on constitutional principles relating to accountability, transparency and public participation and access to information.” This is why we sometimes see Kenyans becoming jittery because they get small bits and not full information. For instance, we just read in the newspapers about what is happening to the money that got lost at the National Youth Service (NYS), the Youth Fund and the Euro Bond. It is the responsibility of the State to come out clearly and tell us what is really happening. That way, they will have complied with what is stipulated in this Bill on accountability and transparency. The Bill also fosters public participation in all levels of governance. For us to conclusively discuss and pass this Bill, we must have public participation. We should invite the citizens and other stakeholders to give us their input on how it has been done. Bills are drafted in English and the information is not accessible to all people, especially those who are illiterate. We must put it in a language that is best understood by the people. This Bill provides that the officers who will be employed should be able to help these people in writing properly what their request is and give them feedback at the right time. The Article on correction of information is good because on many occassions a person can be misquoted or “mis-written” in something that was not properly done. It is important for this Bill to provide that personal information that has been written or given out wrongly be amended accordingly. Lastly, we are forming many commissions through Bills that are coming to this House. The Office of the Senate Majority Leader needs to look into where the boards, authorities and commissions will be housed. We should not have many bodies doing the same jobs that are being done at the Ministries. 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. Melly, do you want to contribute?

No, Mr. Temporary Speaker, Sir.

I call upon the Mover to reply.

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, in replying, I want to thank colleagues for their contributions. I hope the Committee will give us good feedback when we go to the Committee of the Whole. I agree with the last point by Sen. Kanainza. We have had cases of plagiarism. From my background in academia, the biggest sin in intellectual life is plagiarism; theft of ideas where somebody purports that the ideas of another person belong to them. I hope that we will address this as requested. Mr. Temporary Speaker, Sir, with those remarks I beg to move. Similarly, under Standing Order No. 54 (3) and given the numbers, I request that you direct that the putting of the question be deferred to next week.

I defer putting of the question.

It was clear from the Senate Majority Leader that the Bill had initially been drafted by this House. I do not know whether we are trying to accuse the National Assembly Majority Leader. Next Order!

The Senate Majority Leader, let us see whether we can move this Bill then leave out the debate, if possible.

(Sen. (Prof) Kindiki): Mr. Temporary Speaker, Sir, with your guidance, this is a one section Bill. It is an amendment; it is not a complete Bill. If you allow me, let us dispense with it. It will not take more than 10 minutes to do everything unless my seconder, Sen. Mutula Kilonzo Jnr. wants to speak forever. Mr. Temporary Speaker, Sir, I beg to move that the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) be read a Second Time. Allow me to read Article 69(1) (c) of the Constitution of Kenya, 2010 which states that:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I rise to support this Bill. At first instance, I have been trying to go through the main Act. Unless the Senate Majority Leader can confirm, I am not sure that this is a legislation arising out of the Bills that were done before the new Constitution. In fact, when I look at the definitions, it appears as if the Committee on Agriculture, Livestock and Fisheries which this Bill will be referred to, should look at the definitions that appear on Clause 2. When I read the Long Title of the seeds and plant varieties, unless there is another Act that is not with us; those definitions do not seem to be appearing there. However, I have only looked at this. From my reading of the Constitution, I said that this Bill does not appear to be a Bill that was passed under the new Constitution. In fact, at the heading, it says that it commenced on 1st January, 1975. This Bill has only been amended three times; No.1 of 1972, No.2 of 2002 and No.53 of 2012. Under Schedule 4, the function of agriculture which includes crop and animal husbandry in Part 2 is a function of county government. Therefore, it is my plea to the Committee on Agriculture, Livestock and Fisheries, led by Senator, the King of Meru to interrogate this Bill in its entirety so that if there are portions where in these sections - committees that are begin set up - because my understanding is that this appears to be very cosmetic changes or few changes but if there is a place where we can find a home for the county governments and their institutions, 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 will now propose the question.

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

Mr. Temporary Speaker, Sir, looking at Article 69 of the Constitution, which the Senate Majority Leader read, I wish to make reference to part (c) and (e) which state as follows:- 69. (1) The State shall— “ ( c ) protect and enhance intellectual property in, and indigenous knowledge of, biodiversity and the genetic resources of the communities; ( e ) protect genetic resources and biological diversity;” We all agree that agriculture is the backbone of our economy. The more we leave it to decline the more we kill our economy. That is why this Bill is here today, to ensure that we take serious steps to protect it and this includes passing this amendment Bill to ensure as stated that:- “There is established a Plant Genetic Resources Centre for Food and Agriculture, which shall be responsible for the conservation and sustainable utilization of plant genetic resources for food and agriculture, including indigenous seeds and plant varieties in Kenya.” The Mover has said in proposed (3) of this amendment Bill that:- “There shall be a Plant Genetic Resources Committee for food and Agriculture, which shall provide oversight on matters relating to the Centre.” Clause 3A further states that- “The management of the Centre shall comprise of the Director of the Centre and the Plant Genetic Resources Advisory Committee.” This kind of leadership was not there before. This is the only way we can protect indigenous plants that all of us are aware were use not only for food, but also for medicinal purposes. This is vanishing because there is no clear law and guideline to protect the same property that was kept for a very long time by our parents. The coming into effect of this amendment Bill means that we will now have a structured leadership which will ensure that the management of these resources, as enshrined in Article 69 of our Constitution, will ensure that there is a body that is responsible for conservation, utilization of genetic resources for food and agriculture, including the seeds and plants varieties in Kenya. Lastly, is on the formation of the Advisory Committee and the Director of the Center. This means that from now going forward, the issues that could not be dealt with for a long time because there were no clear guidelines, no laid down procedures and no good structures to ensure that we protect some genetic resources will now be put in place. Mr. Temporary Speaker Sir, in the interest of time, I support.

I now call upon the mover to reply.

Sen. (Prof.) Kindiki): Mr. Temporary Speaker Sir, I again thank the contributors. We should not be seen as hurrying this Bill because we are pressed for Senate plenary time, especially given that we have so many Bills. If you visit my office, I have piles of Bills and many of them are time-bound. In any case, I believe that much of the expertise work should be done at the Committee level. So, I expect more participation, debate and amendments at that stage of the Committee of the Whole. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, I want to use Standing Order No. 30, that if you look at the remaining time and the business we have, I direct that we defer the putting of this question.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 14th June, 2016 at 2.30p.m. The Senate rose at 6.30p.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