Order, Members, do you have any requests? Then, we will go to statements to be issued. Let us have Statement (a) issued. Vice Chair, Sen. Adan! STATUS OF THE NATIONAL SECURITY COMMUNICATION SYSTEM

Mr. Speaker, Sir, the Statement is ready but the Chairman has not signed it. I had it in the morning but I have not received it back. Sen. M. Kajwang is also not in but we can issue it tomorrow afternoon.

A statement is never ready until it is signed. So, it is not ready. Therefore, it will be issued tomorrow afternoon.

Let us go to Statement (b). The Chair, Committee on Education. MANAGEMENT OF MASINDE MULIRO UNIVERSITY OF SCIENCE AND TECHNOLOGY

Mr. Speaker, Sir, the Statement is ready and I am waiting for it to be brought here any time from now. However, whoever requested for it is also not in.

We will come back to it.

Thank you.

Let us have Statement (c) issued by the Vice Chair of the Committee on Health. 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, the Statement is ready but the Member, Sen. Sang, who requested it is not in the House. Could we issue it tomorrow?

I got some communication from the Member. So, we can defer the Statement to next week.

Most obliged.

Let us go to Statement (d). INCREASED CASES OF PNEUMONIA IN CHILDREN AND ELDERLY PERSONS

Vice Chair of the Committee on Health, the Statement was requested and the Member is present.

Mr. Speaker, Sir, I do not have the Statement and I am requesting that we look at it tomorrow.

Why tomorrow? Anyway, it is so directed. Let us look at it tomorrow afternoon.

Let us move to Statement (e). Sen. Mwakulegwa. REDUCTION OF ELECTRICITY CONNECTION FEE

Thank you Mr. Speaker, Sir. The request was from Sen. Khaniri who wanted a Statement from the Government on the move to reduce electricity connectivity fee. In that Statement, he wanted to know the following:- (a) State the amount of money charged for connection of electricity by customers whose premises are within 500 metres and those that are more than 500 metres from the existing electricity transformer. The response is as follows:- The company will charge Kshs15,000 to all domestic customers who are located within a radius of 600 metres from an existing transformer and have loads of equal to or less than 8 Kilovolt-ampere (KVA) single phase - that is charged at Kshs15,000. All commercial and industrial customers whose load and free phase exceed 8KVA shall be charged full cost of connection. Those who are beyond 600 metres from the existing transformer will be charged the cost of transformer and the network expansion or they will wait for the expansion of the network to their area. This cost will vary depending on 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. Khaniri.

Mr. Speaker, Sir, allow me to thank my very good friend, Sen. Mwakulegwa, for the very elaborate response that he has given to my request. I will be quick to say that Kenya Power has taken advantage of its monopoly to exploit Kenyans. Research has shown that Kenya Power charges the highest rates not only for connectivity but also for consumption of electricity. This explains why we are losing so many investors to the neighbouring countries in the region. Paying Kshs15,000 is too high for connection of electricity for a peasant Kenyan. I wanted the Vice-Chairman to give us concrete measures on what they are doing to further reduce this figure because not many people can afford Kshs15,000 in the rural villages. Kenya Power makes its money from usage, so they should minimize the cost of connection because they make their profit through usage. They should broaden the base and connect more people so that there is more consumption and therefore more income. The LMCP is heavily funded and the Vice Chairman has given us a list of people who are putting in their money like JICA, EU, the French Government and I do not understand why they are asking for more money from GOK to connect Kenyans. Could the Vice Chairman explain those two factors that I have just raised?

Could we hear from the Vice Chairman?

Mr. Speaker, Sir, Sen. Khaniri has said Kenya Power has taken advantage of being a monopoly in the business of power supply. I think it is upon this House and the National Assembly to bring a Bill that will compel other players to come to provide this product. 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, Vice Chairman. Did I hear December, 2016?

Mr. Speaker, Sir, it was Kshs35,000 up to December 2015. It has recently been reduced to Kshs15,000. Therefore, from the future plans that they have and the money that the donors and the GOK is putting in place, I am sure that it will be in the interest of Kenya Power Company to reduce it further. For now, it has been reduced from Kshs35,000 to Kshs 15,000 and he can take this appeal from this House to Kenya Power Company and policy makers to reduce it further so that all Kenyans will be able to access power by 2020 as is stated in this Statement.

Sen. Karaba.

Mr. Speaker, Sir, it is important to know that Kenya Power being a monopoly of power supply has also made Kenyans behave like that it is only---

Order Sen. Karaba. This is Statement hour.

Mr. Speaker, Sir, is the Vice-Chairman aware that the shortage of transformers is causing many problems for Kenyans in the rural areas who would like to connect electricity? There is an acute shortage of transformers and manpower.

Sen. (Dr.) Khalwale.

On a point of order, Mr. Speaker, Sir. This programme started during the successful Kibaki Government. Farmers in Trans Nzoia, Bungoma, Kakamega and Vihiga counties responded by planting eucalyptus trees. This is a species that is fast growing. It is now harvest time and farmers are being told the policy has changed to concrete poles. Could the Chairperson clarify that, indeed, the real reason for the policy change is that the company is being held captive by three politicians who own concrete making firms? Finally, at the funeral of the late Soita Shitanda, the Jubilee Government announced to the people of Kakamega County that connectivity would be at 70 per cent by June next year. They left my people salivating for it because there is no power in Kakamega County. Could he tell us if Kakamega County is one of the counties that will be beneficiaries of Phase I?

Mr. Speaker, Sir, I congratulate the Uhuru administration for bringing down the cost from Kshs35,000 to Kshs15,000.

Order, Sen. Kagwe! Who is Uhuru administration?

Mr. Speaker, Sir, I meant President Uhuru Kenyatta’s administration.

That is correct.

Mr. Speaker, Sir, for the benefit of Sen. (Dr.) Khalwale, the Jubilee administration. It is an achievement for this Government to have reduced the cost of electricity connectivity from Kshs35,000 to Kshs15,000. At one time, it was announced that customers would be allowed to pay this Kshs15,000 in installments after connection. 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

Sen. Kagwe, when Sen. (Dr.) Khalwale talks of the successful former President Kibaki’ administration, he was not refuting the fact that there were also two Deputy Prime Ministers in his administration and one of them is the current President. So, it seems to be a continuum. Proceed, Sen. (Dr.) Machage.

Mr. Speaker, Sir, indeed, the other one was Hon. Raila Odinga; the only Prime Minister.

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

Order, Sen. (Dr.) Machage!

Mr. Speaker, Sir, we are a House of records. Is Sen. (Dr.) Machage in order to mislead the country that the Rt. Hon. Prime Minister, Raila Odinga was a Deputy Prime Minister when we know that the other Deputy Prime Minister was Hon. Musalia Mudavadi?

Mr. Speaker, Sir, lest he never heard me well, I said the other principal who should take credit for this programme is the Rt. Hon. Raila Amolo Odinga. It was not only Kibaki’s Government. Mr. Raila was a co-principal with a 50 per cent share. Do you remember nusu mkate ? Mr. Speaker, Sir, is the Chairperson aware that despite the instructions that the citizens should only pay Kshs15,000 connection fee, more often than not, they are given higher rates of payment with a reason that the consumption is high? If that is so, what is the limit for the Kshs15,000 payment?

Mr. Speaker, Sir, while we appreciate the effort of the Government in power reticulation, there are still very high charges for connection of power to small scale industries, including farmers in the rural areas. Could the Chairperson give a Statement on why small scale companies which use power for irrigation, coffee milling and so on, are being charged to the tune of Kshs1 million while the Government says the cost of electricity connectivity has been reduced to Kshws15,000? Why are they charging Kshs1 million for connectivity yet these small scale industries are the ones which have the potential to create employment for our people?

Mr. Speaker, Sir, ideally, the connection fee should be free. It should not exist at all. However, I want the Chairperson to indicate how many people have taken advantage of the reduction in connection fee, so far. Secondly, I would like to know if the Chairperson is aware that because of the very high electricity bills, a number of water companies in counties have shut down because they cannot afford to supply water to people.

Mr. Speaker, Sir, what measures has the Government taken to assure Kenyans that there will be availability of power in their homesteads? I have a caretaker of my house in the rural areas who tells me there is no electricity. Electricity 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. Karaba wanted to know why there is a shortage of transformers. The Kenya Power (KP), through the Rural Electrification Authority (REA), has actually intensified the placement of transformers. That is why schools, markets and institutions continue to be connected. So, customers within 600 metres of these transformers will get connected. As I said earlier, money given to us by donors will be used in buying more transformers in order to extend these programmes to many people. Sen. (Dr.) Khalwale wanted to know why farmers who supply poles to KPC cannot now do so because the policy dictates that they use concrete poles. I would like to inform him that KPC uses only 15 per cent of concrete poles. We still have 85 per cent demand for other poles and this was confirmed by the Cabinet Secretary (CS) when we had a meeting with him. He assured us and the farmers that they will continue to buy the wooden poles now and for the future. So, that market is still available. He even went further and informed farmers that KPC will continue buying those poles from them. With regard to the deadline of June 2017, I was not privy to what was said during the late Hon. Soita Shitanda’s funeral about connectivity of power to people in Kakamega County. In this Statement, I have stated that by 2016 June more transformers will be placed. The countrywide access will only happen in 2020. Sen. Kagwe had wanted to know---

What is it Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, the clarification was whether powerful politicians are or not holding Kenya Power Company (KPC) at ransom. I wanted a clarification and now that he is dillydallying about it, can he clarify whether the Deputy President, who has invested in production of concrete poles is, in fact, the one who is frustrating our famers so that his concrete poles can be sold and our famers have nowhere to sell theirs? If that is so, what is the Government doing to protect the poor farmers against this kind of greed?

Mr. Speaker, Sir I just heard Sen. (Dr.) Khalwale say that the Deputy President is an investor in poles. Would it be possible for him to substantiate and prove, indeed that, that is the case?

What is it Sen. (Dr.) Machage?

Mr. Speaker, Sir, it would only be fair, now that Sen. (Dr) Khalwale has mentioned one of the three, to tell us the other two concrete suppliers and if there is anything illegal with that.

Sen. (Dr.) Khalwale, you have been challenged to substantiate; proceed.

Mr. Speaker, Sir, my concerns are not about the interest of the politicians. My interest is about the wanyonges who have planted those trees. The clarification I sought was whether KPC is being held hostage by these politicians. I said that since one of the investors in that venture is the Deputy President, could he be interfering? All I wanted to be told is that he is not interfering. Thereafter, my farmers 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. (Dr.) Khalwale. You are entitled to your questions while Members are also entitled to their questions. When you are challenged to substantiate, it is their right to do so and you must also substantiate. What is it Sen. Murkomen?

Mr. Speaker, Sir, there is a general growing obsession on the other side of the political divide, led by the Senate Leader of Minority and Sen. (Dr) Khalwale, that every time you want to mention somebody, there is a total obsession with the name of the Deputy President. The Standing Orders are very clear that if you mention somebody or something, you must be ready to substantiate. Can the aspiring Governor for Kakamega County, Sen. (Dr.) Khalwale, provide evidence that the Deputy President is an investor in concrete poles, as we have no problem with what he is talking about?

What is it Sen. (Dr.) Machage?

On a point of order, Mr. Speaker, Sir. Is Sen. Murkomen in order to label this side of the House of being obsessed with questioning issues of this country? What does he mean by the word ‘obsession’ in its context?

Order, Sen. (Dr.) Machage! You have completely paraphrased that statement. Sen. (Dr.) Khalwale, I am still waiting for your substantiation although Sen. Murkomen almost let you off the hook by referring to you as gubernatorial aspirant. As far as I am concerned, such a person does not sit in this House. However, he quickly redeemed himself by referring to you as Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, the Standing Orders are very clear and I have faith in you that you are going to use them effectively this afternoon to protect me. One way of doing so is by dismissing the point of order by Sen. Murkomen because Standing Orders are clear that when you are referring to a Senator, there is a way we do it. There is no Senator here called “aspiring candidate for Kakamega County”, because I am not. I am the Senator for Kakamega County and therefore protect me, as I will not respond to a question that is posed to an imaginary person. Mr. Speaker, Sir, since Sen. Murkomen is still in his early days of pupilage on parliamentary practice, allow me to guide him that in the highest court in the United Kingdom (UK), a ruling was made that a person who sits in a public office cannot at any one time be cushioned from scrutiny, directly or indirectly. I hope that satisfies you. Thank you.

Order Members. It may or may not satisfy Sen. Murkomen, but will definitely not satisfy the Chair. This is because your defence that the House is shielding public officers from being scrutinized is not the issue here. You have not told us which ruling it was and whether it is relevant, yet you could easily access it from your neighbourhood if there was such a ruling. The issue you are being asked is to substantiate that some Kenyan investors whose names you have mentioned are frustrating farmers who grow eucalyptus trees in Kakamega, on the understanding that they would supply to KPC. You know, when you were generic, it was fine, but the moment you dropped names, surely you have to substantiate. Sen. Murkomen and Sen. Kagwe are saying that they are not protecting 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, knowing the shenanigans at the Registrar of Companies, even if you were to give me time to go and get certificates, I will be frustrated. I, therefore, most humbly want to drop the specific name of Deputy President and apologise and appeal to the Deputy President that he should use his high office to make the office of the Registrar of Companies to be more efficient so that when I am challenged next time, I can get the information on the spot. I apologize most unreservedly.

Order Sen. (Dr.) Khalwale. There are two components.

Mr. Speaker, Sir, I also withdraw the usage of that name and leave the word ‘politicians’. I am also glad that the Chairman has confirmed that, indeed, 15 per cent has been allowed for concrete, but that 15 per cent in keeping with the corruption in Jubilee is being abused.

Order Sen. (Dr.) Khalwale. I wanted to say that I read English but you and I did not read English, though we have an excellent command of the English language. You cannot apologize and withdraw and then still go ahead and make further submissions. That is my understating of those three words and I have all reasons to believe that we have a similar understanding since I have been with you long enough to know that you know. Can you make your submission on the basis of ordinary understanding of those three words which we share?

Mr. Speaker, Sir, delete all the above and substitute with, ‘I apologize and withdraw” Thank you.

Good enough. You could have done better but you can get away with that one. Order Senators, that matter has been settled.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. (Dr.) Khalwale, ordering for the deletion of the HANSARD, a duty which is only given to the Speaker of the House?

Since he was responding to me, my understanding is that you have actually clarified. He was putting the request to me, so I order that it is expunged from the HANSARD as per the request of Sen. (Dr.) Machage.

Mr. Speaker, Sir, today is a very exciting day for me. This is the first time that the County Government of Kakamega has set its foot in this House. Allow me to congratulate them and more importantly, the Clerk in charge of Finance because they did an excellent job on the Budget Oversight Review Paper which confirmed that Kshs1.6 billion had been misappropriated by the County Government of Kakamega in the year 2013/2014. Congratulations and may they be trained very well because the second generation of governors on 8th August, 2017 want to get an efficient county assembly, whose backbone is the clerks.

Mr. Speaker, Sir, on behalf of my colleagues, I would like to congratulate the team from Siaya and Kakamega Counties for coming here. Again, I want to reiterate that we are strong and committed to ensuring that our counties are carrying out oversight responsibilities robustly and for the better interest of our people. I also want to congratulate the Chair for the continued exchange programme and capacity building for our counties. That is the way to go. On the part of Kakamega County, I want to tell them to continue with that good path and to spare our Senate the kind of spectacle we have been watching when it comes to his robustness in accountability. There has been too much teargas directed at the Senator of that county. I hope more respect and responsibility will be carried to ensure--- I saw him struggling last week in a public function where some lady wanted to snatch the microphone from him. I think he is too senior to be treated that way.

Order, Sen. Murkomen! This is a very solemn occasion. Definitely, the Senator for Kakamega has many more capabilities than the one you are referring to, which maybe more relevant to the visiting delegation and to the programme you are praising to the high heavens. 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): On a point of order, Mr. Speaker, Sir. I rise on a point to request that we stand down Order No.9. This is the Order of Precedence and Titles Bill---

Order, Senator. You approached the Chair and I have already communicated to the House.

(Sen. (Prof.) Kindiki): Sorry, Mr. Speaker, Sir. I was looking at the next Order and I did not hear your guidance.

I read all the orders except that one.

On a point of order, Mr. Speaker, Sir. I thought in your directions also, you would give directions on Order No.16 and 17 that have been placed in the Committee of the Whole yet we did not complete the Second Reading last 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. Members, what I did not mention is that we should now turn to the Supplementary Order Paper. If you are referring to the Supplementary Order Paper, those items are not under the Committee of the Whole. The Committee of the Whole has Order Nos. 13 and 14 only. I hope that is clear. I order that the Division Bell be rung for one minute. I encourage you not to leave the Chamber.

Order, Members. We will vote on all those Orders. I suggest that the assisted voters should prepare to vote for all of them at a go. You may now log in and proceed to vote.

Nil

Hon. Senators, the results of the Division on Order No.8, on the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No.54 of 2015) are as follows:-

Hon. Senators, the results of the Division on Order No.10, the Access to Information Bill (National Assembly Bill No. 36 of 2015) are as follows:-

Hon. Senators, the results of the Division on Order No.11, the Energy Bill (National Assembly Bill No. 50 of 2015) are as follows:-

Nil

Hon. Senators, the results of the Division on Order No.12, the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) are as follows:-

Order, hon. Senators! You may now draw the Bar and open the Doors. Hon. Senators, I also wish to thank you for a very good job this afternoon. Since we came from recess you have done very well. We now proceed to the next order which is order No.13. Order No.14 is deferred. After Order No.13, we can go back to statements.

(Sen. (Dr.) Machage): Order, hon. Senators. I appeal to hon. Senators that we have a lot of important business to transact. Please let us maintain the numbers. We are in Committee of the Whole, Order No.13; The Political Parties (Amendment) Bill (National Assembly Bill No.2 of 20156). What is it, Sen. Mutula Kilonzo Jnr.?

On a point of order, Mr. Temporary Chairperson, Sir. For record purposes, I reiterate that I had proposed amendments to this Bill. I am aware that my amendments have been subverted. However, for the record, I would like to say this so that Kenyans will know that I had proposed to amend Clause 15 and 19 for being unconstitutional but since my amendments have not seen the light of day, the record will always reflect on the HANSARD that I had proposed those amendments.

(Sen. (Dr.) Machage): Order, Sen. Mutula Kilonzo Jnr. You talked of subversion. Who subverted your proposed amendments? That is a serious allegation.

Mr. Temporary Chairperson, Sir, the Senate process.

(Sen. (Dr.) Machage): Order! Are you accusing the Speaker’s office?

Mr. Temporary Chairperson, Sir, I do not know which office. 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. (Dr.) Machage): You are completely out of order. I order that that statement be completely deleted from the he records. What is it, Sen. (Dr.) Khalwale?

Mr. Temporary Chairperson, Sir, the reason why the office of the clerk is rich in human resource is to do exactly what they have failed to do on the proposed amendments by Sen. Mutula Kilonzo Jnr. Why did the office of the clerk not go all out of its way to make sure that his proposed amendments are on this Order Paper?

(Sen. (Dr.) Machage): I may not be able to answer that now because I have to investigate the whole scenario. I have actually removed out of the record the word “subversion” towards the office of the Speaker which is unfortunate. However, I will take it up and investigate what happened. That is a serious issue. What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Temporary Chairperson, Sir, it is just for the record. However, when it comes to voting I will vote “no”, I must say so in advance because I cannot participate in an illegal process. For whatever purpose, the expediency does not justify making an illegal Act. That is my position.

(Sen. (Dr.) Machage): Order! You do not have to declare how you will vote before the voting is done. You are anticipating issues on the Floor of this House.

Mr. Temporary Chairperson, Sir, it is for the record. I am at liberty to say so and nobody bars me.

(Sen. (Dr.) Machage): But you are out of order!

Mr. Temporary Chairperson, Sir, but I am at liberty to say so.

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

Mr. Temporary Chairperson, Sir, what Sen. Mutula Kilonzo Jnr. is saying is a fairly serious matter. It is so in the sense that he has talked about infringement of the Constitution. We have all vowed to protect that Constitution. I have reason to believe that he knows what he is talking about. We are about to embark on a very dangerous path.

(Sen. (Dr.) Machage): I appreciate the seriousness of Sen. Mutula Kilonzo Jnr.’s assertion. I cannot say it is true or not, because I really have to look at the records. What is it, Sen. Sang?

Mr. Temporary Speaker Sir, while appreciating the concerns raised by Sen. Mutula Kilonzo Jnr., it is important to state that this Bill was committed to our Committee, of which Sen. Mutula Kilonzo Jnr., is a member. We had deliberations on that Bill and finally came to a decision that approved it without amendments. We all agreed that the concerns that Sen. Mutula Kilonzo Jnr. had raised needed to be looked into. There was a unanimous decision within the Committee, and we have done this before, that we would be able to re-look comprehensively, not just on the provisions of this amendment Bill, but the entire Political Parties Act for purposes of addressing 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. (Dr.) Machage): Whereas your information may be useful to the House, I do not think it addresses the complaint by Sen. Mutula Kilonzo Jnr. His complaint was that he submitted amendments to the office of the Speaker, and because of “subversion”, they are not here. That is the allegation. That is a serious issue. I think the HANSARD should capture all his words. It is so ordered. What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Temporary Speaker Sir, the correct position for the HANSARD is that the Second Reading came before the Committee Report. We sometimes expedite Bills before the Committee finalizes its work. However, during the Second Reading, I had made my reservations to those clauses. When the Bill came to the Committee, we agreed that the reservations I had would be part and parcel of the report which has not been presented. That is the correct position. The reservations I have about those two clauses are already part of the report of the Legal Affairs Committee. So, it is not something that I am imagining.

(Sen. (Dr.) Machage): If that is the case, then you are completely out of order. This is because what we accept at this level is the Committee report. I know you have expressed dissent. The majority will have their way, but the minority will have their say. That is what democracy is all about. Democracy is not necessarily the best form of a system, but that is what it is. I call it a system of oppression of the marginalized. Let us have clauses.

What is it, Sen. (Dr) Khalwale?

Mr. Temporary Speaker Sir, allow me to congratulate the Committee and the Mover of the Bill for those clauses specifically Clause 8, which states that:- “Any Member who is a President, Deputy President, Governor or Deputy Governor, Member of Parliament or Member of the County Assembly who does not desire to be a member of the new political party to be registered after the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): On a point of order, Mr. Temporary Speaker Sir. While I thank the Senator for Kakamega for acknowledging that we are helping him---

Yes!

(Sen. (Prof.) Kindiki): Is he in order to mislead the country that the Senate Majority Leader has victimized him, while the true position is that after the small episode in which I de-whipped the Senator for Kakamega, I went out of my way to campaign for him and support him to become the Chairperson of the County Public Accounts and Investments Committee (CPAIC)?

Mr. Temporary Speaker Sir, I have to reply to that.

(Sen. (Dr.) Machage): Order! You are both out of order. What is it, Sen. Murungi?

Mr. Temporary Speaker Sir, you are a surgeon and, therefore, very precise. These two Senators want to deflect us from the Bill.

(Sen. (Dr.) Machage): I was interrupted. Can you repeat?

Mr. Temporary Speaker Sir, I said that the two Senators want to introduce a sideshow and focus on themselves instead of the Bill. Could we focus ourselves on the clauses in the Bill, instead of the histories that they are trying to tell us?

(Sen. (Dr.) Machage): You are also quite in order. What they have shown us is egocentrism and we are not interested in that. So, Sen. (Prof.) Kindiki and Sen. (Dr.) Khalwale keep your peace.

Mr. Temporary Speaker Sir, I was still having the Floor. I was contributing---

(Sen. (Dr.) Machage): Yes continue and be very brief in congratulating them.

Mr. Temporary Speaker Sir, I wanted to congratulate the Senate Majority Leader for this forward looking amendment. I hope that this House will expeditiously pass this Bill, so that the President can sign it into law. I want to enjoy my space. I beg to support.

(Sen. (Dr.) Machage): I will put the question 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

On a point of order, Mr. Temporary Chairperson, Sir. There is a circular here from the office of the Clerk indicating that Sen. Mutula Kilonzo Jnr. has been allowed to move his amendments. It has just been circulated.

(Sen. (Dr.) Machage): Order! If there was a circular to be circulated in this House, I would be the first to be privy to it.

Even the Senate Majority Leader has it.

(Sen. (Dr.) Machage): Order! Whether or not the Senate Majority Leader, the Senate Minority the Leader, leader of independence or whatever leader has it, the Chair of the Plenary does not have it. So, it is null and void. Mover!

Mr. Temporary Chairperson, Sir, I beg to report that the Committee of the Whole has considered The Political Parties (Amendment) Bill (National Assembly Bill No.2 of 2016) and seeks leave to sit again tomorrow.

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

seconded.

Hon. Senators, as had been indicated by the Speaker earlier on, we will now go back to Statements.

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

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move:- That, The Petroleum (Exploration, Development and Production) Bill (National Assembly Bill No.44 of 2015) be now read a Second Time. This is one of the Bills that have a constitutional deadline of 27th August, 2016. As the Senators know, we are doing very well so far with regard to the Bills that have come to us in the last few weeks; especially the nearly two-dozen Bills that have constitutional deadlines. We hope that when this Bill goes to the Committee on Energy, they will propose any amendments that we need to consider. Especially, issues of interest to counties may need to be spotlighted. This Bill modernizes our petroleum exploration, development and production operations. The law which is in place is very old. I remember when the Senator for Meru was the Minister for Energy, he tried to initiate some of the things that I see in this Bill. He had even formed an advisory committee, where I served as a Member. I can see some of the things that he was trying to breathe life into, like developing a production sharing 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. Murungi, the Mover of the Bill has just given you another title, “future governor.”

Mr. Temporary Speaker, Sir, first, I want to thank the Mover of this Bill, the Senate Majority Leader, Sen. (Prof.) Kithure Kindiki, who is also the spokesman of the Meru Community. We in Meru appreciate his very able leadership and also the leadership that he has provided to this House. I think this is the most important Bill that has come to this House this year. The Bill will revolutionise the economy of this country and especially the economy of the marginalised areas of this country which have been blessed with enormous fossil fuel resources. Mr. Temporary Speaker, Sir, I was lucky that I was the Minister for Energy in 2012 when oil was discovered in Turkana region by Tullow Oil and other partners. You will remember the celebration that day as we moved with President Kibaki from Harambee House to a meeting of Ministers in the Kenyatta International Convention Centre (KICC) where we announced for the first time in this country that; “Oil has been discovered in Kenya” and we were given a standing ovation. After the initial excitement, a debate raged in the media about whether the oil that was discovered in Kenya was a blessing or a curse for this country. In the usual Kenyan style, there was a lot of negativity. Some people said that all the oil was going to be stolen by a few people and the people of Turkana will never benefit. I even saw some commentaries from a lady in the University of Warwick who said that Kenya does not have the capacity to manage oil resources and, indeed, there was going to be war between the Pokot and Turkana and the surrounding communities because of those resources. Mr. Temporary Speaker, Sir, we are now in 2016 and there is no war in Turkana. We would like to put to shame those prophets of doom. It is my very sincere and deep felt belief that the discovery of oil in Kenya will be a major blessing for this country. The economies of the Middle East countries have become magnets of international investment and major capitals of international business. When I see them and look at the situation we are in Kenya, I see Kenya becoming a most vibrant economy where people will enjoy a very high quality of life because of the higher resources that we are continuing to discover in Turkana and Eleyo-Marakwet counties, among others. I believe it is a matter of time before we discover oil around Isiolo, Marsabit, Lamu and, indeed, within the 200 nautical miles and beyond in our maritime zones. Mr. Temporary Speaker, this Bill seeks to correct some of the mistakes that have happened in the past, not only in this country, but also in Nigeria where revenue generated from oil production does not benefit the local community. There has been a lot 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 add you two more minutes.

Mr. Temporary Speaker, Sir, 10 per cent of the revenue will go to the local community. I would have wanted to speak a little more, but ---

I have added you two more minutes. 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 I could explain, 10 per cent will go to the local community. This means the area where the oil wells have been sunk. They will get 10 per cent of the revenue. So, we are talking about Lokichar in Turkana County. The constituency in which Lokichar is based will get 10 per cent of the revenue. Turkana County will get 20 per cent of the revenue and the national Government 70 per cent. That 70 per cent will not go to general revenue of the Government. It will be deposited into a petroleum account in the National Treasury and it will be used for specific purposes. For example, we could say it is for supporting education, infrastructure or health. So, it is a very good management system that is being introduced here by this Bill. I request all the Members of this House to give this Bill 100 per cent support. I am sorry that I cannot speak a little more about this subject that I am so passionate about. I believe there will be other opportunities to contribute. With those few remarks, I beg to second this Bill.

Mr. Temporary Speaker, Sir, I also rise to support this constitutional Bill of Parliament. In 2012, oil was discovered in Turkana County by Tullow Oil which is a British company. At that time, as the former Minister said, many of us we were doubting Thomases. However, our doubts were laid to rest because, indeed, we have oil deposits in Turkana County and exploration is going on in different parts of the country. Clause 77 of this Bill is about Local Content and Training. The biggest challenge we are facing is that many residents of Turkana are given menial jobs. These jobs do not require skills. I urge the Government to pressurize the companies involved in oil exploration in this country to engage local communities in the same way the company constructing the Standard Gauge Railway (SGR) has done. We need them to organise training programmes for young people in Turkana County and other counties so that they pass on the knowledge of oil exploration to our people. In 2015, a Japanese company decided to train its top officials in Tokyo. I hope those senior officers are making use of their knowledge for the benefit our country. They should train others in the same field. That is why Clause 77 is very critical. Clause 77(c) says:- “Ensure that priority is given for the employment or engagement of qualified and skilled Kenyans at all levels of the value chain: Provided that the cost of local content shall not be higher than at any other place.” Mr. Temporary Speaker, Sir, sometimes local employees are taken advantage of because they lack expertise. We also have Kenyans who can do so. So, we hope that when this Bill is assented to, it will help us deal with this issue. Mr. Temporary Speaker, Sir, Clause 103(1) says:- “Any person who objects to a proposal to develop upstream petroleum infrastructure on his land shall raise his objection in accordance with the provisions of the relevant written laws.” Mr. Temporary Speaker, Sir, there are coal deposits in Kitui County. We thought mining would start earnestly, but it has taken long to start. This Bill will not only take 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, this Bill is very exciting. As a Member of the Committee on Energy, I am happy to note that we appreciate the efforts that the Government has put to ensure that we have a legal framework that deals with matters of petroleum, particularly exploration, development and production. This Bill is critical for the reasons that have been properly presented by Sen. Kiraitu. First of all, petroleum, oil exploration and gas are of great concern for Africa and the world. The black gold, as they call it, is a very important resource in so far as the development of a country is concerned. Energy is critical and that is why we have countries that are called ‘petroleum producing countries.’ This Bill is also important in terms of ensuring the protection of the social fabric of a country. I had the opportunity of escorting the former President of Nigeria, President Goodluck Jonathan, on more than three occasions when he was in office. We had critical discussions about matters relating to petroleum. He told me something profound; that if a country wants to develop and produce oil, it must deal with the underlying issues. He told me that one of the most critical underlying issues is the importance of protecting the local community and environment. We remember the fights in Nigeria and the death of Ken Saro Wiwa. His articles, books and poems were about the oppression of minority people in Delta Region, which is the oil producing region of Nigeria. The fights that are going on in Nigeria are about the problems that we have in the region. We look at the benefits that come with the oil to the rich people and the State. Sometimes, the benefits do not go to the State, but a few hands of connected people. Today I was speaking to PhD students at St Paul’s University. One of the students who come from Angola was sharing with us the challenges of Angola being the top oil producing country in Africa. The resource that comes from oil production is within the family of the President. To start with, the President is the Head of State, his son the Minister for Energy and the daughter is in charge of foreign reserve that deals with money that comes from the oil. That is why it is important for us to explore the oil, having passed the Constitution of Kenya 2010. It makes it mandatory - as has been replicated in this Bill - that oil agreements are to be signed and approved by Parliament. The Cabinet Secretary will not have unfettered powers to deal with matters relating to agreements of oil exploration and energy related issues. They need the approval of Parliament, which is critical. What is also critical in this Bill is the fact that the resources that come from oil and petroleum production will be transparently applied to the benefits of the country. The profits and the agreements that will deal with the sharing of profits between the producers and the Government will be open. Many countries in Africa cannot tell how much they get from the oil production because the producers are colluding with a few people in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Please, proceed, Sen. (Prof.) Lesan.

Mr. Temporary Speaker, Sir, first and foremost, this Bill which has come to the Senate from the National Assembly is timely. This is so because of several things which are going on internationally. We will discuss and set out how we will run the whole industry in Kenya. The international activity with regard to oil is very stable. This is shown by the prices that are exhibited worldwide at the moment. It is appropriate to discuss this Bill when there is no turbulence in the world. This Bill is also very elaborate as is evident from the number of pages. This is the first major Bill that will allay complications in the management of oil. Though it looks elaborate, we will require several areas of strict examination so that we can close the loopholes. We are aware that countries that have explored and found oil have run into problems. I would like to mention one or two things on Clause 12. It talks about establishment of the body that will manage oil in the country. I appreciate that the membership of this body is well-thought. However, I notice that the National Oil Corporation of Kenya (NOCK) will form part of the membership of this Committee. Transporting the oil from one place to another will be a major infrastructure need. A member from the Kenya Pipeline Corporation (KPC) would be very appropriate in this case. Ample advice will be given immediately to manage the transportation of oil across and out of the country. One of the challenges we will face with handling oil and its products is the impact on our environment. Representation on this area of the environment is very important. I notice that the director of the National Environment Management Authority (NEMA) will be one of the members but the introduction of a representative of the Council 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

Order! Senate Majority Leader, you are completely out of order.

Mr. Temporary Speaker, Sir, thank you for your protection. I also wish to add my voice to this important Bill. It is timely and important for us, as a country. I echo the sentiments of many of my colleagues. One of the things that we are so sure is that from the time oil was discovered in the country, there was a lot of excitement and expectations. It is those expectations and challenges we are trying to address through this Bill. I hope we will pass it as quickly as possible so that it can be operationalised by the Cabinet Secretary (CS) and the Board members. Mr. Temporary Speaker, Sir, I want to address myself to two issues. One of them is who will benefit from this resource in the counties? We do remember that when Tullow Oil started exploring oil in Turkana, there were various issues which came about and they required to be addressed within the legal framework. One of them was the local communities being involved in the whole process of oil exploration. There were a lot of expectations from the local communities and they wanted to know what was in store for them. Mr. Temporary Speaker, Sir, most of the land where oil has been discovered is occupied by pastoralists. For many years, we have continued to have conflict in those areas because of limited resources such as land for pasture and water. However, we need to ask these communities to let us explore oil for their own benefit and the country as whole. So, it is very important for us to have guidelines and a law in place on how these communities will benefit from the resources that sit in their counties. It is also important to know what their share is. This Bill expressly states how the revenue will be shared between the National Government and also the county government. I believe we will have regulations in place on how to spend money that will be given to counties. We want to see accountability on how this money will be spent. It will be useful if it will be used in provision of education, water and health services. We can also invest in human resource that we have as a country. If we invest this money to education sector, then it will be able to tackle a lot of these issues. It is important like many of my colleagues have said, that the local communities have to benefit, especially on issues to do with the transfer of skills, the work, not just the manual work, but even the human resource aspect, so that those communities who live around where the oil is being explored can benefit from it. Mr. Temporary Speaker Sir, the environmental aspects and issues have to be looked into and no compromise should be made in these areas, because the people in those communities will be greatly affected. Their livelihoods will be affected if 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

Since I cannot see any Senator who is interested in contributing to this matter, I call upon the Mover to reply.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move. However, given that we do not have enough Senators to go into a Division, I request that you direct that the putting of the question be deferred to tomorrow under Standing Order No.54(3).

I so direct.

Next, order No. 16. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker Sir, I beg to move that the Community Land Bill (National Assembly Bill No.45 of 2015) be read a Second Time. This is a Bill to give effect to Article 3(5) of the Constitution in particular, to recognise land that is vested in communities. For a long time, we have had only three categories of land: public, private and trust land. Under the current constitutional order we no longer have trust land. We have community land, which is land vested in communities. Secondly, under the old order, community land or rather trust land used to vest in the defunct Local Authorities. In the proposed Bill, community land which is the successor nomenclature for trust land shall vest in communities. Thirdly, for the first time community land will be registered. This Bill establishes a register for community land. It provides for the process of registration and the steps that need to be taken. Before community land is registered, it shall vest in the county government which is enjoined under this Bill to hold the community land in trust. So, the principles of trusteeship apply to county governments. Mr. Temporary Speaker Sir, I want to highlight that it is only the unregistered community land that shall be held in trust by the county government on behalf of the community. Once the registration process is complete and the community is issued with a title conferring ownership rights, the county government is obliged to transfer that land to the respective community. I also want to highlight another issue that is in the Constitution. Article 63(4) which I am afraid may not have been honoured up to now provides that with regard to the former trust lands, that is land belonging to communities which was previously under the defunct local authorities, there should be no transaction associated with it. It cannot be disposed of or dealt with in any way whatsoever. In other words, a moratorium has been imposed by our Constitution on dealing with the former trust land which is now community land until this Act is in place. I hope with the interlude we have had between 2010 when the new Constitution entered into force and now, those who are responsible have not transacted in or disposed any trust land because that will be a contravention of the Constitution. Mr. Temporary Speaker, Sir, allow me to also point out that the principles of the National Land Policy (NLP) will apply to community land; so will the national values and principles of governance. Mr. Temporary Speaker, Sir, the Bill, in Clause 4, recognises a number of land tenure systems for community land, including customary land, freehold, leasehold and such other tenure that might be recognised under this Act or any other written law. The land rights in community land are protected in Clause 5 in terms of land of any 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

Senate Majority Leader, it has always been the practice in this House that when you move a Bill, you ask your counterpart or somebody from the other side to second. Why is it not so, this time round?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, it is true that is the tradition of this House, but it is not written anywhere. A Bill can be seconded by any Senator. Ordinarily, when Members of the Opposition are present, we give them an opportunity, but they are not here. I do not speak for them and I do know why they are not here because this is Senate time. I just wanted to highlight that there is nothing wrong in a Member from the Majority side seconding this Bill.

Mr. Temporary Speaker, Sir, I would like to thank my boss, the Senate Majority Leader, for moving this Bill eloquently. While I recognise that in our tradition, the Opposition side could have had a chance to second the Bill, I also recognise that they have been having dialogue in the streets. We are more than ready to have a dialogue with them in this House and that is what we have been insisting because they are our colleagues. Instead of having dialogue where it cannot be documented and put into law, they should come so that we have dialogue together here in the House. Mr. Temporary Speaker, Sir, this has been a very controversial and protracted Bill; a product of a lot of negotiation. I am a Member of the Pastoralist Parliamentary 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 the Bill. I have read it and compared it with the current Act dealing with community land. There was a mediation process before this Bill was drafted. We, as pastoralists, are affected by this Bill. We had various concerns which we sat and looked at. One of them is to do with various definitions. One of the key issues is unregistered community land and how it will be handled. The issue of trustee and the role of the county government in unregistered community land is given prominence in this Bill. Clause 6(7) says:- “A county government shall not sell, dispose, transfer, convert for private purposes or in any other way dispose of any unregistered community land that it is holding in trust on behalf of the communities for which it is held.” Mr. Temporary Speaker, Sir, this Bill needs to go further to explain the role, meaning and extent of the trustee role of the county government in relation to the unregistered community land. There are various other issues that communities would be keen to see addressed by this Bill. One issue is to do with communal and reserve land and issuance of title deeds. We continue to see these issues even in our own counties where we have 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 have a Procedural Motion to move if you allow me. I had sought your permission, I will just move it.

Mr. Temporary Speaker, Sir, I beg to move: THAT, pursuant to Article 107(1)(c) of the Constitution and Standing Order No.18, the Senate elects Sen. Naisula Lesuuda to preside over the proceedings of the House for the rest of the sitting today, Tuesday 14th June, 2016. This is to enable the Temporary Speaker to be assisted by a Member who is not ordinarily a Member of the Speaker’s Panel. This is proper, considering that you, Mr. Temporary Speaker, have been on the Chair for over two hours and your colleagues in the Speaker’s Panel are away for various official duties. I beg my colleagues to pass this Motion so that you can also be assisted by Sen. Lesuuda. Perhaps, she can also have something in her Curriculum Vitae (CV) that once in her lifetime, she sat there as the Temporary Speaker. I ask the Senate Minority Leader to second.

Pardon?

Mr. Temporary Speaker, Sir, sorry. I apologise for calling my boss the Senate Minority Leader. I would like to ask the Majority Leader of the Senate of the Republic of Kenya to second.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I second. The Senate Deputy Majority Leader might be subject to party disciplinary processes for insubordination. 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 important Bill that every Kenyan has been awaiting for, for the last 50 years. I want to thank Parliament for unlocking the issue of community land. This Bill provides for a legislative framework to give effect to Article 63 of the Constitution. It also provides the recognition, protection, management and administration of community land. The Bill proposes an institutional framework through which community land shall be owned, registered, managed and administered. The definition of “community” in this Bill is interesting. I hope that as we move on as a country, we will never try to interpret it the way we interpret issues, depending on how we see them. It states that:- “‘Community’ means a consciously distinct and organized group of users of community land who are citizens of Kenya and share any of the following attributes- (a) common ancestry; (b) similar culture or unique mode of livelihood; (c) socio-economic or other similar common interests; (d) geographical space; (e) ecological space; or (f) ethnicity”

Madam Temporary Speaker, I hope that as we move on none of us will stick to one definition under “(f).” The issue of land has always raised tension and caused conflict. Clause 7 of the Bill states that:- “(1) A community claiming an interest in or right over community land shall be registered in accordance with the provisions of this section.” (2) A community shall, by notice in at least one newspaper of nationwide circulation invite all members of the community with some communal interest to a public meeting for the purposes of electing the members of the community land The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Madam Temporary Speaker. From the outset, I support my colleagues, especially those who come from the pastoral areas, where community land is a common feature. I want to make two brief comments with regard to Clause 8 (1), (2) and (3) which gives the impression that the Cabinet Secretary has so much power in regard to decisions of adjudication programmes, as well as mapping, developing, survey and demarcation of community land. He is the only one who is given the mandate of making this decision. Madam Temporary Speaker, I would wish that the Cabinet Secretary consults with the county governments at all stages, either when it comes to adjudication programmes or development of inventory and all those other things. The Cabinet 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, Madam Temporary Speaker. I do not mean to interrupt my colleague, but it is not correct to say that there is no dispute resolution mechanism in this Bill. It is not in order for us to let the record reflect what Sen. (Prof.) Lesan has said. It is not in order for him to say that there is no section on the resolution of disputes when, in fact, Chapter 8 is dedicated to settlement of disputes relating to community land which has mediation and judicial process arbitration on this process. Sen. (Prof.) Lesan is out of order and should apologize.

Madam Temporary Speaker, I entirely agree with my colleague because I had not exhaustively read this Bill and I might have misled the House by the statement that I made. Therefore, I withdraw and apologize. Thank you for giving me opportunity to contribute.

There being no other interest to contribute to this Bill, I call on the Mover to reply.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I wish to reply and thank all those who have contributed to this Motion. Given that we do not have adequate quorum for Division, I request that you direct that the putting of the question be differed to tomorrow in accordance with your powers under Standing Orders No. 54(3).

I defer the putting of the Question to tomorrow.

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

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that the Land Laws (Amendment) Bill (National Assembly Bill No.55 of 2015) be read a second time. This Bill gives effect to aspects of the Constitution by aligning the existing land laws to the new Constitution. The land laws in question are three; the Land Act of 2012, the Land Registration Act of 2012 and the National Land Commission Act of 2012.This Bill is trying to bring a number of amendments that align these laws to the Constitution. I would like to highlight four things in terms of these amendments. First, in the Land Registration Act of 2012, an office of the Chief Land Registrar is created. This Bill creates subordinate offices to support that office. In particular, it creates the Deputy Chief Land Registrar’s office, and more importantly for county governments, the office of the County Chief Land Registrar. Secondly, the Bill looks at the three land related Acts to synchronize the workings between the Ministry of Lands on one hand and the NLC on the other hand, especially with regard to the provision of Article 67 of the Constitution which in particular gives very broad functions to the NLC without clarification. For example, Section 67(2) states that the NLC shall recommend to the national Government a land registration system. However, how to go about it and the effects of those recommendations is not clarified. In the past, we have had turmoil and conflicts between the NLC and the Ministry of Lands, especially during the tenure of the previous Cabinet Secretary. Madam Temporary Speaker, we have seen some improvement of late and the information I have is that there is a cordial working relationship between the Ministry of Lands, Housing and Urban Development and the NLC. However, that is not enough. There is need for legal clarity. Therefore, those clarifications have been provided and this Bill has gone through extensive stakeholder discussions involving all the parties. That notwithstanding, I hope that the Committee on Lands and Natural Resources will look at it and see how else to improve it, especially from our ambit of protecting the interests of counties and county governments. Thirdly, this Bill provides clarification on a very important part of the Constitution; Article 67(2)(e) which without clarification states:- “67 (2) The functions of the National Land Commission are— (e) to initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress”. This Bill offers a framework upon which historical injustices which have troubled our country for many years can be addressed, once and for all. We, as a country, are all aware that the time, we have tension, conflicts and disputes. A lot of these relate to land and the injustice that is associated with land. This Bill improves the legal framework in addressing the historical land injustices in our country for the first 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

Madam Temporary Speaker, I beg to second this Bill and say the following three things: One, since the passing of the three land laws in 2012, there has been significant confusion among those of us who are practicing law and in conveyance. The confusion is emanating from the failure to draft the legislations with close referencing to the three Bills that were in place. Therefore, the instruments for transfer of property and the persons responsible for the transfer have caused significant confusion in the sector itself. That has in a big way affected investments in the country. When investors from outside purchase property, they want to be sure about the interest they get from it and the lease which the Constitution says cannot go beyond 99 years. This Bill will rectify the confusion that existed among the three Bills. It allows for a proper legal framework that protects issues that are related to management of land. In addition, it deals with the confusion that was there between the NLC and the Ministry. Article 67 of the Constitution provides that the NLC advises on registration of private land and management of public land on behalf of national and county governments. There was a conflict as to which entity should sign a title deed and at what time. This law has made it succinctly clear that registration of land shall be responsibility of the registrar whose responsibility is to the Ministry. However, there will be continuous collaboration, particularly when transferring public land to private land or vice versa, with the NLC. The other issue that this law deals with is other general miscellaneous issues; property that is co-owned by spouses and what happens in the existence of a marriage between spouses when they are co-owning land. It also deals with issues related to changing of map. Sometimes someone changes the map. You may have the title deed, but your land has already been moved in the main map. Protections of those changes are provided for in amendment No.9 which amends Section 16, No.3 of the Act of 2012. There are other provisions that are related to historical land injustices, how to deal with them and the period within which historical land injustices can be addressed. There are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, this is an Act of Parliament to amend the laws relating to land, to align them with the Constitution and give effect to Article 68(c)(1) and 67(2)(e) of the Constitution and also to provide for procedures on evictions from land and for connected purposes. We have had many challenges after the promulgation of the new Constitution. This Bill ensures that we harmonize the conflicts between the NLC and the Ministry. It will also ensure that devolved units work together. As the Deputy Majority Leader has said, it will ensure that people receive their title deeds. The Bill also brings out the issue of property clearly. We should respect private property. Considering what is happening in the country, it will safeguard those who are in fear. In times of conflict, those who have bought land somewhere else suffer. They are targeted and eventually, they lose property. As we unlock this impasse, let us bear in mind that land in our country is there for everyone. One can own land anywhere in this country. Madam Temporary Speaker, with those few remarks, I beg to support.

Madam Temporary Speaker, I join my colleagues to support the amendments that have been presented to the Senate this afternoon. The amendments to these land laws are timely. We have experienced frustrations with the laws as they are. The fact that they are being amended to conform to each other is timely. The fact that these laws were not conforming to each other and the Constitution has consequences in terms of jobs, careers and time wasted in courts to resolve them. 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

There being no other interest to contribute to this Bill, I call upon the Senate Majority Leader to reply.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I take this opportunity to thank colleague Senators for supporting this important Bill. Land is a critical resource. More importantly, it is a finite resource. It is limited. The land mass of Kenya will never expand unless we reclaim parts of the territorial sea like the Dutch have done in Holland. Therefore, considering that land is a finite resource, we must use it well. For it to be used well, the working relationship between the institutions concerned with the administration of land must be improved. It is in that connection that I am very happy that this Bill will improve the previously difficult relationship between the NLC and the Ministry of Lands. Secondly, I reiterate the importance of addressing historical injustices in our country. This country is pained by the numerous tensions, conflicts and disputes around land. In fact, the very essence of the struggle for freedom and Independence of our country is centred on land. Since then I do not think we have got the land issue correctly. Hopefully, with the new land legislation, we will resolve this issue. Kenya is a great country, but the land issue is an area that has blotted our happiness and cohesiveness as a country. Madam Temporary Speaker, the third issue I want to talk about is the issue of elections. We have had numerous cases of the so-called developers and other people with rights on land, removing people who might not have absolute or long-term rights on land, but have short-term rights. World over, the rule is that the rights of those dwellers must be respected, including when to conduct an eviction. You can imagine some of the cases we have had where bulldozers invade some settlement at 2.00 a.m. when people are asleep. Children and women are harassed and removed by force. By the time it is daybreak, they have been thrown out. So, we need this law to straighten up issues to do with evictions, so that when we must do them, we can do them in an orderly and lawful manner that is respectful of the human dignity and the human rights of the people concerned. Madam Temporary Speaker, I do not want to say any more than I have done. Once again, I thank those who have contributed. I beg to move. Madam Temporary Speaker, again, given that we do not have numbers to carry out a Division, I request that you direct that the putting of the question be deferred to tomorrow in accordance with your powers under Standing Order No.54(3) of the Standing Orders of the Senate.

That is in order.

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

(Sen. (Prof.) Kindiki): On a point of order, Madam Temporary Speaker. In exercise of your powers under Standing Order No.39, for the convenience of the Senate, I do not know whether I am in order to request that – given that many of the Sponsors of the other Orders are not here – could you consider possibly interrupting the business of the House because I do not think we can transact any order successfully in the next two minutes.

Hon. Members, I now invoke those powers. THE NATIONAL HOSPITAL INSURANCE FUND (AMENDMENT) BILL (SENATE BILL NO.9 OF 2015) THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILL NO.21 OF 2015) THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO. 2 OF 2016) THE AGRICULTURE, FISHERIES AND FOOD AUTHORITY (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 17 OF 2015)

Hon. Senators, there being no other business, the House stands adjourned until tomorrow, Wednesday, 15th June, 2016, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate