Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 28th June, 2016---

Order, Senator! Which date is today?

Sorry, Mr. Speaker, Sir. I am always ahead of time. I beg to lay the following Paper today, Tuesday, 28th June, 2016:- Annual Report and Financial Statements of the Kenya National Commission on Human Rights for the year 2014/2015.

Hon. Senators, we shall start with the statements to be requested. Is Sen. Elachi here? Let us proceed, Sen. Karaba. STATUS OF WANGURU AIRSTRIP IN MWEA

Mr. Speaker, Sir, I rise to seek a statement from the Chairperson of the Standing Committee on Roads and Transporation regarding the status of Wanguru Airstrip in Mwea, Kirinyaga County. In the statement, the Chairperson should explain the following:- (1) Highlight the status of the land which is reported to have been grabbed. 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. Sijeny, if you could respond.

Mr. Speaker, Sir, I request for two weeks to provide an answer to the request.

It is so ordered. Proceed, Sen. Elachi. DELAYED PROMOTION OF ADMINISTRATION POLICE OFFICERS

Mr. Speaker, Sir, pursuant to Standing Order No.45---

Order, Sen. Elachi. You know what to do.

Mr. Speaker, Sir, I apologise for coming in late. We were held up in a meeting.

Okay. You can proceed.

Mr. Speaker, Sir, pursuant to Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding delayed promotions of Administration Police officers to senior positions. In the statement, the Chairperson should:- (1) State whether he is aware of pending cases of promotion of Administration Police officers to senior positions and why those due for promotion to the rank of Senior Superintendent of Police and other high ranks have not been promoted. (2) Explain why only 23 officers out of the 193 recommended by the Police Service Commission for promotion to the rank of Superintendent of Police in 2013 were not promoted. (3) Explain why there is a disproportionate promotion of officers among the various services within the National Police Service, and; (4) Explain measures being taken to ensure all Administration Police officers who are due for promotion are promoted without further delay.

Mr. Speaker, Sir, I wish to ride on that very important question and request the Chairperson to also include in his statement the per county distribution of the promotions that were done in the last two episodes.

Mr. Speaker, Sir, I also wish to seek further information on the statement. Out of these promotions, how many are women.

Mr. Speaker, Sir, I am not aware of any delay in the promotion of Administration Police officers. However, I undertaken to give a statement in the next two weeks.

It is so ordered. Let us move on to the statements to be issued. The first one is a statement that was sought by Sen. Karaba. 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, on Wednesday, 8th June, 2016, Sen. Karaba requested for a statement from the Chairperson of the Standing Committee on Roads and Transpiration on the Makutano-Ngurubani-Kimbimbi-Samson Corner Road as follows:- (a) State whether he is aware that the road is too narrow yet it has a very high population of users. (b) Explain whether the Government has considered expanding the road to cater for increased traffic. (c) State whether the Government has plans to provide for pedestrian walk ways along the road so as to deter pedestrians from walking on the main road which has been a cause of accidents. (d) State whether the Government intends to increase the number of bumps on the roads as a way of reducing accidents. (e) Explain why the section from Ngurubani to Ndindiriku is already damaged even before the construction works are completed. The answers are as follows:- (a) I am aware that the road is not too narrow but has a carriageway width of 6.25m and 1.5m wide, with paved shoulders on each side. (b) There are no plans of expanding the road. However, routine maintenance of the road has been happening annually. The KeNHA has utilized about Kshs8.5 million to implement the said maintenance intervention in the current Financial Year, 2015/2016. (c) Currently, there are no plans to provide pedestrian walk ways. Nonetheless, the 1.5m wide shoulder is expected to serve the pedestrians and other non-motorized traffic. Any future rehabilitation, which is contingent upon availability of funds, will give consideration to provision of a wider carriageway and adequate non-motorized traffic facilities especially within trading centres. (d) Sufficient bumps have been provided in most of the trading centres on a need basis along this road. It is important to note that engineering solutions alone may not significantly reduce road accidents and, therefore, other measures involving education and enforcement are very critical and call for the involvement of all stakeholders. (e) The road is not damaged and construction works are ongoing. Due to delays in the review of the pavement design and adverse weather conditions, the progress of works has been delayed. The pavement design review was necessary due to the evolving new low volume seal technology to ensure durability and better performance of the roads without variations to the costs. The work activities are at various stages of construction, with some works completed while others are ongoing. The ongoing works will be processed before being finalized. The construction of this road was divided into three lots for faster construction. Mr. Speaker, Sir, if you could allow me to issue a statement on a second request by Sen. Karaba. He can interrogate them both after I am done.

Proceed, Chairperson. 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, on Wednesday, 8th June, 2016, Sen. Karaba requested for a statement from the Chairperson of the Standing Committee on Roads and Transportation on the Sagana-Kagio-Kutus Road as follows:- (a) State why the renovation of the Sagana-Kagio-Kutus Road has stalled. (b) State when the renovation of the road will resume. (c) Explain whether the road will be renovated to bitumen standard. (d) State how much funds were set aside for renovation of the road; and, (e) State the completion date of the renovation works on the roads. The answers are as follows:- (a) The renovation works on the Sagana-Kagio-Kutus Road have not stalled but are on course under the periodic maintenance works which commenced on 28th December, 2015. We wish to clarify that the project road starts from Murang’a and runs through Sagana terminating at Samson Corner. At some point during the renovation, the contractor concentrated on the section near Murang’a and this may have created an impression to the public that the works had stalled. The major scope of the works entailed surface dressing, which requires utmost diligence in quality control right from the point of material extraction and is also impacted on by the weather conditions. As a result, the works could not be carried out during the rainy season that was experienced in the months of March, April and part of May, 2016. (b) The renovation of the road is on course and the contractor is in the process of doing surface dressing which is the last activity. (c) The existing road is being renovated to bitumen standards and the ongoing project is at periodic maintenance intervention. (d) The contracted amount for the renovation is Kshs45,838,096. (e) The completion date is expected to be towards the end of June, 2016.

Sen. Karaba, proceed.

Mr. Speaker, Sir, I thank the Chairperson for issuing the statement. I am happy that the statement has covered contentious areas. Nonetheless, I have a few clarifications. This road was constructed in the 1960s before major towns came up. These towns have grown into huge shopping centres resulting in high population along the roads. It is common sense that when it rains, most people concentrate their activities along the road. There are also motorists who drive fast along this road, especially vehicles ferrying Miraa from Meru. Every other day, there is somebody dying on this road---

Order, Senator. You are not making another statement. Conclude.

Mr. Speaker, Sir, why is the Government not widening the road? Why is the Government not taking care of the shoulders which are already worn out, particularly between Ngurubani and Kimbimbi? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Speaker, Sir. Reference has been made on the issue of bumps. I have witnessed a number of accidents on our roads, some of them fatal, just because a mwananchi suddenly decides to erect bumps without giving any warning. This has caused accidents and has led to deaths and injuries. Could we know from the Chairperson what the policy of the Ministry is in respect to bumps because some of them are unofficially erected on our roads?

Mr. Speaker, Sir, my concern is about the accessibility of roads to persons with disability and signage. I want to know from the Ministry how they will address those concerns. How will they make it easier for persons living with disabilities to use our roads comfortably?

Thank you, Mr. Speaker, Sir. I heard the Chairperson talk about this Makutano-Ngurubani-Kimbimbi road. He said that the tender for the road had to be split into three for faster construction. This is strange because the Public Procurement Act does not allow splitting of tenders. Could she explain what she meant by that split?

Thank you, Mr. Speaker, Sir. I would like some clarification. This is because the road from Eldoret to Kitale which was built by the colonial government is so narrow and its shoulders are worn out. We have heard of so many accidents involving those riding motorbikes. Could the government do something?

Could we hear from the Chairperson?

Mr. Speaker, Sir, on the use of the roads, as the Cabinet Secretary had stated, the works are on course. Some of them are subject to availability of funds. However, I have heard the sentiments expressed by the Senator and we will seek further consultation and confirm the way forward. I will need time to get the details on how the Kshs45 million was distributed because the Senator had not sought for that information earlier. The indicated date of completion was the presumed time of completion. I will also get further clarification if there is any variation because I was told the completion date is supposed to be June. If the Senator says he was there yesterday and the road is yet to be 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. (Prof.) Lonyangapuo?

On a point of order, Mr. Speaker, Sir. Sen. Sijeny, while responding to clarifications sought by Sen. Karaba, said that she has not been there to see whether that section of the road has been completed or not. However, she is not in the Government although she is asserting the Government position with regard to this road. I am wondering how this can be sorted out because we are putting her in an awkward position because she cannot go to Murang’a or Kirinyaga to inspect that road.

What is it, Sen. Wangari?

On a point of order, Mr. Speaker, Sir. Is it in order for the Senator of West Pokot County to mislead this House and, indeed, the country as whole that Sen. Sijeny is making this response as an opposition Senator when we know very clearly that we have elected chairpersons and vice-chairpersons of committees in this House? In fact, we have some chairs that come from the other side. Just to inform the Senator of West Pokot that we are all in Government. We are one arm on the Government. Is he in order to mislead the country?

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

Mr. Speaker, Sir, did you hear Sen. Wangari claim and allege that we are all in Government? How can we, the distinguished Senators on the CORD side of this country, be part of this corrupt Government? A Government that shortchanges Kenyans in appointments! How can we be part of it? We are the opposition, the official opposition against this Government.

On a point of order, Mr. Speaker, Sir. If you remember, just two weeks ago when I raised the issue of the Judicial Service Commission (JSC) and whether it was an arm of Government, Sen. (Dr.) Boni Khalwale questioned whether I was a lawyer. I now want to ask: Did Sen. (Dr.) Boni Khalwale go to school, now that he is contradicting himself in a span of two weeks, having declared the other week that we are all in the Government because we are an arm of Government?

Order, Sen. Murkomen. You are completely out of order. Being a lawyer, you must also have read the law of equity. Those who seek equity must come with clean hands. Yours are not clean because you want to prove Sen. (Dr.) Khalwale wrong. That debate was canvassed and exhausted; I am sure that Sen. (Dr.) Khalwale was equally convinced. But Sen. (Dr.) Khalwale’s question was also right. As you know, in one of the rulings, a Judge has actually asked a lawyer questions. I do not remember anybody asking the other one on record whether he has gone to school. What is it, Sen. (Prof.) Lonyangapuo?

On a point of order, Mr. Speaker, Sir. I raised that statement seeking an elaboration on the position given by Sen. Sijeny, who is 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

On a point of order, Mr. Speaker, Sir. Is it in order for the Senator for West Pokot to raise an issue when Sen. Sijeny says that she had not visited that road? She was not giving a Statement that was given to her by the Cabinet Secretary, but she is going to find out whether or not the road is completed?

Mr. Speaker, Sir, I do not want the issue of Sen. Murkomen and Sen. (Dr.) Khalwale to overtake my point of order. Is it in order for the Senator for West Pokot to actually mislead the country that if a Senator is sitting on the other side, and he or she is a Chair or Vice-Chair of a Committee, they cannot answer questions? I do not think he is any better. Has he visited the road despite being on this side? Is he in order?

Order! This is a fairly straightforward matter. I am afraid that I have to agree with Sen. Wangari. Even with your proposition to ask the Senate Deputy Majority Leader to respond to a matter that is factual, he will still rely on the same sources of information that Sen. Sijeny is relying on. Why do you assume that the Senate Deputy Majority Leader, who sits in this House, just like you and Sen. Sijeny, has fresher information than the Chair of the Committee? The Chair of the Committee has told us that whereas the Members have sought clarifications, she does not have that information. She is seeking more time to verify. If it means going to visit the place with Sen. Karaba, so be it. Under the circumstances, these two questions are actually deferred since Sen. Sijeny requested for two weeks. She should come back with all those responses.

Mr. Speaker, Sir, I just need to perhaps jog the memory of Sen. (Prof.) Lonyangapuo. I have intervened on so many other roads and issues that concern the Committee, as an Opposition Member of this Senate and a Vice-Chairperson of the Committee. Therefore, it does not matter whether I sit on this side or the other side; when I am given work I do it to satisfaction. I have even succeeded in summoning the Cabinet Secretary who has appeared here to answer questions. Why did you not refuse to attend because I am a Member of the Opposition? That question, therefore, is out of order.

Order! Sen. (Prof.) Lonyangapuo, we are not going to proceed with that matter; she is absolutely right. The Standing Orders are also very clear, that the Chairpersons will respond to statements. You know that since you are a Member of the Rules and Business Committee. What is it Sen. Karaba? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. You have ruled that the two questions be deferred. I was there last night and the answer given seems to suggest that I am now aware of what I asked about.

Order! What are these nocturnal activities that you engage in?

Mr. Speaker, Sir, I was doing my normal duties of ensuring that the roads are well maintained. Even the edges of the road are not marked.

Were you marking the road at night?

Mr. Speaker, Sir, at night it appears black because there are no road marks on the road sides. We need to know what is happening.

What is the issue, Senator?

Mr. Speaker, Sir, the answer given is substandard and you should order---

Order, Senator! We have ruled on that matter. The Vice-Chair has told you that she needs more time and I have ruled that the statements be deferred. They will appear on the Order Paper in two weeks time. I am sure she will address all your concerns; just be patient. I would urge that next time you should visit the road during the day. Next Statement by the Chairperson, Committee on Energy. STATUS OF THE LAST MILE ELECTRICITY CONNECTIVITY PROJECT Is the Vice-Chair or any Member from the Committee here? Let us proceed to Statement (d) by the Chairperson, Committee on Finance, Commerce and Budget. Vice-Chairperson. STATUS OF THE EQUALIZATION FUND

Mr. Speaker, Sir, the Statement is ready, but I do not have it now. I seek your indulgence that I present the Statement tomorrow.

Sen. (Prof.) Lonyangapuo, what do you have to say?

Mr. Speaker, Sir, that is in order. I can share this copy with him.

The Statement is deferred to tomorrow. It is up to the Vice-Chair to deliver his Chairperson. Failure to do so, he will deliver it himself. It is a directive.

Statement (e) by the Chairperson, Committee on National Security and Foreign Relations. 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, unfortunately, I do not have this Statement. I seek your indulgence that we issue it on Tuesday next week.

It is so ordered; next week on Tuesday.

Let us go back to (c). STATUS OF THE LAST MILE ELECTRICITY CONNECTIVITY PROJECT What is it, Sen. (Prof.) Lonyangapuo?

On a point of order, Mr. Speaker, Sir. This Statement has been pending for a long time. Last time you directed that the Chairperson or the Committee delivers the response as soon as possible because it is a key Statement that I had asked about the Last Mile Electricity Connectivity Project in the whole nation, particularly, in the North Rift where I come from. Our schools are suffering.

Sen. (Prof.) Lonyangapuo, that is why you need to deal with the Senator infront of you, in the absence of Members of that Committee. Sen. Murkomen, what do you have to say?

Mr. Speaker, Sir, maybe Tuesday next week.

Order! It was about the urgency of the issue. It was supposed to be today.

Mr. Speaker, Sir, I have to consult the Chairperson of the Committee in order to know the possibility of getting the answer. However, I do not see the urgency to the extent that it can be for only one week.

The urgency was in the sense that this matter had been deferred. So, any more delay is not acceptable. I am willing to give you up to tomorrow. I think 24 hours’ notice is good enough for the Chairperson or any Member of the Committee to deliver the Statement. It is not new because it has been pending before the House.

Mr. Speaker, Sir, I will be very happy if Sen. (Prof.) Lonyangapuo can also assist me to get his party Chairman who is the Chairperson of the Committee so that we make sure that it happens tomorrow. However, I will do my best.

On a point of order, Mr. Speaker, Sir. Did you hear the Senate Deputy Majority Leader absconding duty by trying to assign me work that is not mine? He is our leader here to deliver statements as a last resort and give a firm direction, rather than telling me to go and look for ordinary Members.

Order, Sen. (Prof.) Lonyangapuo! I want to confirm that Sen. Murkomen is in order in the sense that he has not absconded duty. He said that he would request you to assist him deliver the Chairperson because of proximity. It is a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. While I was consulting Sen. (Prof.) Anyang'-Nyong'o on a matter of pending Bills, the Chairperson of the Committee on National Security and Foreign Relations has responded to my Statement and I have no problem with it. I will wait until next week. However, I would like you to allow me to request the Chairperson to communicate to the Inspector-General (IG) that the police officer who shot Mr. Apwoka, the boda-boda rider is still in Kakamega County. They have moved him from Kakamega Police Station to Malaika Police Station in Ikolomani. It is wrong for this man to be meeting our children when he killed their father. In the meantime, as we wait for the answer, could the Inspector-General move him, not just out of Malaika Police Station in Ikolomani, but completely out of Kakamega County and do what he wants to do with him? We do not want to see him there. He murdered our boy.

Mr. Speaker, Sir, while I appreciate the sentiments of Sen. (Dr.) Khalwale, I think people feel that he murdered somebody and should not, therefore, be held there. However, for justice to be seen to have been done, it will not be fair to transfer him to another station because that is where he committed the crime and that is where he will be held. So, it will be very difficult to convince the Inspector-General (IG) to do otherwise.

On a point of order, Mr. Speaker, Sir. I thought I should not ask for too much. Ordinarily, speaking as a Senator in Kenya, I should be demanding that this police officer be dismissed forthwith. However, because sometimes the voice of the poor is not always heard, I have said that even if they want to retain him, why do they not move him out of Kakamega County? He is now meeting our children as they go to school when he has killed their father. See how painful it is to us. We are demanding that he leaves Kakamega County and goes probably to Elgeyo-Marakwet County where the Inspector-General (IG) comes from, if he wants to keep him in the force.

On a point of order, Mr. Speaker, Sir. Is Sen. (Dr.) Khalwale in order to demand that a criminal is moved from his county to somebody else’s county in this country?

Mr. Speaker, Sir, it is true, I appreciate that I am completely out of order. As they say in French; voix des dieu vou la voix de pauvres. Which means ---

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

On a point of order, Mr. Speaker, Sir. Although my other point of order will come later, is Sen. (Dr.) Khalwale in order to start answering himself when the chairperson of the Security Committee has asked that he should be given time to come and respond? He has not yet come back with a response. Is he in order to attempt to answer himself?

Yes, Sen. Murkomen.

Mr. Speaker Sir, while I agree with the English version of what Sen. (Dr.) Khalwale talked about regarding the poor, Sen. Cheruiyot is a French speaker and he was also floating. I am not sure whether that is French or Sen. (Dr) Khalwale’s mother tongue. Is the Senator in order to declare a police officer to be a murderer while in law, the words murder and a murderer are a legal term where there is intercourse between mens rea and actus rea having been proved in a court of law? I am sure you came across that in your first year criminal law class. Mr. Speaker, Sir? Is he in order to make that declaration where a court of law has never declared that officer a murderer?

Sen. (Dr.) Khalwale.

Mr. Speaker Sir, I want to confirm that unlike you and Sen. Murkomen, I have never been into a law class, but there is something I know, which is that, he who holds the weapon that led to the death, through that vision of a human being, in English, he is called a murderer. So, this is the policeman, who pulled the trigger in broad daylight. He is therefore a murderer. Is it by chance that the police officer is called Serem and he could be coming from Elgeyo Marakwet? Could you declare your interest?

On a point of order, Mr. Speaker Sir. Is Sen. (Dr) Khalwale in order to assume that an officer called Serem can only come from Elgeyo-Marakwet and not Kisumu or Homa Bay? Is he in order to confuse killing with murdering? Those are two different words.

Yes, Sen. (Dr.) Machage.

On a point of order, Mr. Speaker, Sir. Sen. (Dr.) Khalwale requested that Sen. Murkomen declares his interest, which he has not. Could he declare that interest?

Order, Sen. (Dr.) Machage and Sen. (Dr.) Khalwale. There is something about the two doctors being out of order. There is a connection. Sen. (Murkomen) is completely under no obligation to declare any interest because he has already challenged Sen. (Dr.) Khalwale that if your name is Serem, that does not imply that the only origin of that name is a county known as Elgeyo-Marakwet. That is in public domain. What is there to declare? 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. You may resume your seats.

Sen. (Prof.) Anyang’-Nyong’o, the correct Standing Order is No. 33 and not 53. Standing Order No. 33 states as follows: (1) “A Senator may at any time rise in his or her place and seek leave to move the adjournment of the Senate for the purpose of discussing a definite matter of urgent national importance. (2) A Senator who wishes to seek leave to move the adjournment of the Senate under paragraph (1) shall, at last one hour before the commencement of the Sitting, hand to the Speaker a written notification of the matter but the Speaker shall refuse to allow the claim, unless the Speaker is satisfied that the matter is definite, urgent and of national importance and may properly be raised on a Motion for adjournment of the Senate. (3) If the Senate is satisfied in terms of paragraph (2) and not less than five other Senators rise in their places in support, the Speaker shall nominate a time on the same day at which such Motion may be moved. I want to confirm that the matter has met all the above requirements, and so I will order that the Motion be moved at 5:30 pm today.

Order, Members. Before we proceed to the next order, allow me to make a few communications. 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 for giving me this opportunity to join you in welcoming the team that is visiting the Senate from Kakamega and Nandi counties. I am happy that they will get knowledge that will improve on their efficiency as they serve the people in the counties they come from.

Mr. Speaker, Sir, I would like to join Sen. Omondi in welcoming these ladies and gentlemen who have come to the Senate for attachment. The team from Kakamega has already been to our committee. This is a good learning process for them. We should encourage this kind of exchange between us and the assemblies because county assemblies are, indeed, our counterparts in the counties. We hope when they go back, they will give a good report to the county assemblies so that more Members come to see us in action, in the plenary and our committees.

Mr. Speaker, Sir, I join my colleagues in welcoming the delegations from Nandi and Kakamega counties. I wish to leave them with one word. During our sitting this morning, we found that in Elgeyo-Marakwet County Assembly there was no record of the proceedings of the Assembly during the supplementary budget. It is important for the staff, especially from Kakamega County, to know the critical role that they play. This morning we found very damaging evidence about the Kakamega County Assembly. We want you to guard your records jealously because they will be useful to us and the courts so as to jail the people who are stealing the money of the people in Kakamega County.

Mr. Speaker, Sir, I too join you in welcoming the neighbouring counties of Kakamega and Nandi that have sent a delegation to the Senate. I encourage them to pick as much as they possibly can, the best practices that this Senate is famous for, so that they can go and add value to their counties.

Mr. Speaker, Sir, I join my colleagues in congratulating the team that has been with us for almost over a week now, particularly from Kakamega. They have been watching the way the County Public Accounts and Investments Committee works. I mention this because the staff work with MCAs. As they draft Bills and come up with business in the county assemblies, it is key that they 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 would like to congratulate the team from Kakamega and Nandi counties for taking this opportunity to learn from the Senate. I thank your office for always providing exchange, internship and training for the county assembly staffers. On behalf of the Senator for Nandi, Sen. Sang, who is out of the country on official duty, I welcome the team from Nandi. When you go back, assist your counties to continue providing services and promoting unity between Nandi, Kisumu and Kakamega counties. This will ensure that we see more growth through devolution and partnership between and among counties. On another note, I would like to briefly comment on your well researched, learned opinion and communication on the question of constitutional amendments. It is important that you have given that direction so that the Speaker of this House continues to have the responsibility of interpreting the Constitution and giving directions to the House, whether or not a particular matter requires a referendum after being passed by this House. Considering that there is debate on reforms on issues related to the IEBC and gender parity, it is important that this information is in place in good time. I will go further, after agreeing with you that the Rules Committee should look into this matter and revise the Standing Orders, now that we have a Rules Committee separate from the Business Committee. The Justice and Legal Affairs Committee chaired by Sen. Wako should immediately move forward and work on a referendum law that will explain not only the procedures of a referendum, but also the issues that should go to a referendum and the determination of the question as to whether an amendment requires a referendum or not. They should clarify those issues, the responsibility of the Speakers of both houses in so far as that declaration is concerned and also the responsibility of the IEBC and the citizens when that process continues. This will deal with matters related to how to verify signatures, what to do if there is no funding, how to make it mandatory that funding is provided for by the National Treasury and so on. This is so that a constitutional right is not inhibited as a result of using procedural or technical measures including budgeting and financing. In Britain, for instance, they agreed in a short time on a referendum. They did the referendum as to whether Scotland should leave Britain. They also did the referendum for the exit of Britain from the European Union (EU) and they made a decision on the matter. So, elections and referendum will be part and parcel of our lives going forward. The legal frame work is really needed to make it clear, cheaper and one that allows decision- making faster. There should be no institution of Government whether the Executive or 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 about Okoa Kenya!

Mr. Speaker, Sir, you can see the Senate Minority Leader is telling me that we killed Okoa Kenya. However, it is important that we, as legislators, appreciate that the responsibility of providing a legislative framework as to whether the drawing of a cat can be a signature or not is this House. We are supposed to assist in directing the country. Gone are the days when we sat down and waited for the Executive, the President or any other person to give us that which we have a responsibility to do. Mr. Speaker, Sir, thank you for the wonderful and well-reasoned communication. I wish you the best as you continue serving us and the country.

Order, Members. I also want to agree with the submissions of Sen. Murkomen that the Committee on Justice and Legal Affairs should be looking into some of these issues that need more clarification. I also thank the Senator for Kakamega County for always pointing out some of these areas so that we can ventilate and make the necessary legislative interventions. Hon. Senators, I have one last item from the Chair on a Message from the National Assembly.

On a point of order, Mr. Speaker, Sir. I thank you for that communication. As you said, our understanding is that when a Bill goes to either House from the other House, the primary intention is to seek concurrence. However, the pattern that has emerged is that when a Bill comes from the National Assembly, the level of debate here is such that we normally do it in absolute good faith. It is disturbing me that most of our Bills that go to the National Assembly not only take too long, but when they end up being debated, there is a deliberate effort to try and reject them. Not that we mind rejection. However, this is starting to beg for answers to two questions: What is the quality of debate in the National Assembly? Is somebody trying to say that the best brains 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, while on that theme, some time back, I rose on a point of order and requested that the Senate be briefed periodically on the number of Bills pending in the National Assembly. Remember, after establishing a select committee in this House at the expense of Parliament, gathering information and finally bringing a Bill to this House on harambees, it is now over two years since the Bill went to the National Assembly. My entreaty to try and get some information on that Bill and its fate has come to naught. Can we seek some guidance on this? Is it necessary that we have a meeting with the Speaker of the National Assembly or shall we leave that to your good offices? If matters continue like this, should we assume that our efforts to pass Bills in this House are not productive?

On a point of order, Mr. Speaker, Sir. I stand on Standing Order No.90(5) regarding the contribution by Sen. (Dr.) Khalwale a few minutes ago. He called some of the communications of these two Houses, the National Assembly and the Senate, as childish. Is he in order because he is in breach of Standing Order No.90(5)?

Sen. (Dr.) Machage, what does Standing Order No. 90(5) state?

Mr. Speaker, Sir, Standing Order No.90(5) states:- “It shall be out of order for a Senator to criticize or call to question, the proceedings of the National Assembly, a County Assembly or the Speaker’s Ruling in the National Assembly but any debate may be allowed on the structures and roles of County Assemblies or the National Assembly.”

Hon. Members, while agreeing with Sen. (Dr.) Machage to some extent and not just on the use of the word “childish”, but even with the first question that Sen. (Dr.) Khalwale posed in terms of the quality of the debate in one House; I think it is a matter that falls squarely under the Standing Order that Sen. (Dr.) Machage quoted. The important issue raised is the one that was supported by Sen. (Prof.) Anyang’- Nyong’o which is the status of our Bills and that is a real concern in this House. There are quite a number of issues around that particular matter. We have taken steps administratively along the lines that Sen. (Prof.) Anyang’-Nyong’o has proposed 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

Next order.

(Sen. (Dr.) Machage): Hon. Members, we are now in the Committee of the Whole to consider The Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No. 54 of 2015).

Hon. Members, we will do the Division at the end. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 9 — Procedure for approval 9A. (1) The process of approval of an agreement shall by Parliament. commence in the National Assembly. (2) The National Assembly shall consider an agreement within thirty days of its submission to the National Assembly and shall forward its resolution to the Senate for consideration. (3) If within thirty days of submission of an agreement to the National Assembly, the National Assembly has not forwarded its resolution on the agreement to the Senate, the Senate shall commence its consideration of the agreement and shall forward its resolution to the National Assembly. (4) If both Houses — (a) approve the ratification of an agreement; or (b) do not approve the ratification of an agreement; the Speaker of the National Assembly shall, within seven days of the decision, notify the relevant Cabinet Secretary. Mr. Temporary Chairperson, Sir, the import of this new clause is to make sure that when ratifications are requested at the National Assembly, they should be brought to this House for consideration. That will make sure that the Senate is in the know of what the “lower” House says and it is involved fully.

On a point of order, Mr. Temporary Chairperson, Sir. Just a small clarification. The Chair knows that the Committee has gone through the issues more thoroughly than us, but he owes us a small explanation. Is there any reason New Clause 9A (1) does not read “the process of approval of an agreement shall commence from either House?” Is there any reason you have said it must be the National Assembly?

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! When Sen. Kivuti was busy explaining, you were busy consulting loudly.

Mr. Temporary Chairperson, Sir, I want to apologize must profusely. I was consulting none other than the Senate Minority Leader and the Senate Majority Leader. These are critical officers in the House.

(Sen. (Dr.) Machage): At the detriment of us misusing time, could you explain to him, Sen. Kivuti? Be alert 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

Mr. Temporary Chairperson, Sir, the import of this new clause is not to change the entire Bill into the process that is already in the Bill as it came from the National Assembly. What our Committee wanted to bring forth is that the proceedings of application for ratification must reach both Houses. They should not be considered in the National Assembly and end there. Regarding your question why it should not start from either House, the process of application would have to be reviewed. We did not see any justifiable reason the application cannot to go the National Assembly, so long as it comes to this House.

On a point of order, Mr. Temporary Chairperson, Sir. I would also like to seek a clarification from the distinguished Chair. New Clause 9A (3) reads:- “If within thirty days of submission of an agreement to the National Assembly, the National Assembly has not forwarded its resolution on the agreement to the Senate, the Senate shall commence its consideration of the agreement and shall forward its resolution to the National Assembly.” I thought that since the delay has occurred it would be assumed--- If the Senate considers and returns it to the National Assembly, and they sit on it indefinitely, then it will not serve the purpose. It would be assumed that since it has already taken 30 days and they have not passed or rejected it, before it comes to the Senate it is concluded. If they have not given any verdict on it, it is assumed that it is positive. Therefore, the Senate receives, processes and returns it as concluded. But if we take it the way it is, they will keep or consider it. I would like that area to be clarified, otherwise, it will be a ping pong situation.

Mr. Temporary Chairperson, Sir, we considered the content of what my brother, the Senator, has raised. The issue here is that the ratification being sought maybe of a national nature. To avoid a situation where we have a stalemate between the two Houses, the Senate may be at liberty to take up a matter which, in its opinion, has already taken 30 days. That, again, would be a good thing because it was to seal any gaps, where the applicant will assume that the matter has been concluded by lack of activity by the National Assembly, unless both the National Assembly and the Senate do not take any action within the first 30 days and the next 30 days. That means there is an opening of 60 days.

On a point of order, Mr. Temporary Chairperson, Sir. The way I understand Sen. Musila, he is asking at what point a House will call for closure. If we put a clause of 30 days and the National Assembly does not respect the 30 days, you will then tell the Senate to take up the process because of the expiry of 30 days. When you take it back, what insurance do we put in to ensure that the House then calls for closure? That is the clarity that we are looking for. If you could help us a little bit.

Mr. Temporary Chairperson, Sir, I may not have understood what Sen. (Dr.) Khalwale is asking. I understood Sen. Musila to ask: “What if after 30 days the matter has already closed because the National Assembly has not acted?” We will not wait indefinitely for the National Assembly; we will wait for only 30 days. If within 30 days they will not have sent the matter to us, we will take it upon ourselves to debate it.

(Sen. (Dr.) Machage): I want to bring it to your attention we are in the Committee of the Whole. You should have read the Bill and come 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 Chairperson, Sir, the Chair means very well. I also know that we dealt with this matter in the Committee on Energy over the weekend. What we are trying to cure is indefinite delay. Here is an investor who is waiting for this contract to be cleared, so that he can start and one House sits on it--- Sen. (Prof.) Anyang’-Nyong’o has just said that his Bill has been kept for two years. What will prevent the National Assembly from keeping this agreement for two years and we lose the investment? I would propose a further amendment, maybe with the consent of the Chair, to provide for 60 days, after which if no action is taken, it would be assumed that it has been approved.

(Sen. (Dr.) Machage): Let me give some guidance on this. We are actually voting on the Second Reading of New Clause 9A. You have an opportunity to move your amendment after the Second Reading.

The division will come later.

Mr. Temporary Chairperson, Sir, I beg to move:- That the Schedule be amended by – (a)deleting the tenth row that provides for “Genetic material”; and, (b) deleting the eleventh row that provides for “Genetic Resources”. The reason for deleting these two lines from the Schedule is that we heard many presentations from all professionals – universities and research institutions – and they gave us a lot of information on the dangers of restricting the way research is done on genetic materials and resources. I do not think it is even worthwhile to go through a lot of discussion on this matter. The truth is that if we put the requirement that a student wanting to do some research on a new genetic material has to apply to Parliament, then we may as well have thousands of applications every year for us to deal with on subject matters that are being researched on. My committee did not find this being progressive for this country. I noticed that the same matter is being proposed by Sen. Mutula Kilonzo Jnr., just in the same way as my Committee and brought it forward. I beg to move.

(Sen. (Dr.) Machage): Very well. I will propose the question because Sen. Mutula Kilonzo Jnr.’s amendment was actually similar to your amendments.

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

On a point of order, Mr. Temporary Chairperson, Sir. I had gone over the amendment by Sen. Mutula Kilonzo Jnr. Since it is a mirror image of the other one, I support it.

Before I sit down, did you notice that the nominated Senator, Sen. Njoroge has just walked into the House? Thanks be to God! His effigy was burnt in Naivasha. We are probably lucky that the man is alive. I do not know whether it is appropriate but even in the Bible, we read of people who were killed for saying the truth.

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! Is that matter before the Committee of the Whole?

Mr. Temporary Chairperson, Sir, I was just giving thanks to God. We would have lost our colleague. He was going to die for nothing, just like Jesus. You were actually standing up for the truth; that the Deputy President (DP) will not be supported by Mt. Kenya in 2022. Be strong for saying the truth. The country is feeling you.

On a point of order, Mr. Temporary Chairperson, Sir. Is Sen. (Dr.) Khalwale in order to bring this matter before the Committee of the Whole, thus sending a message which is contrary to what I said? I stand to correct my friend ---

(Sen. (Dr.) Machage): Have a seat.

You executed your point of order very well. Sen. (Dr.) Khalwale is completely out of order. You are not the subject of discussion here, neither has he moved a substantive Motion to discuss you as a person. However, let us appreciate that he is a friend, indeed, for asking the gods to protect you.

Very well! Division will come at the end.

On a point of order, Mr. Temporary Chairperson, Sir. I just wanted to draw the attention of the House. If you have read Shakespeare’s Macbeth or Hamlet, apparitions are quite often very much like human beings. So, you cannot rule out that what we see in the House is an apparition of what we know as the Senator from Nakuru, Sen. Njoroge.

(Sen. (Dr.) Machage): Order, Sen. (Prof.) Anyang'-Nyong'o! Be it as it may, you should see a specialist for your eyesight to be--- The Chairperson sees Sen. Njoroge in person and not as an apparition. Apparitions are not touchable. I saw him greeting Sen. (Dr.) Khalwale who can testify that he actually held some person. He is real. Relax. 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 Chairperson, Sir, pursuant to Standing Order No.139, I beg to move that the Committee reports progress on its consideration of the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No. 54 of 2015) and seek leave to sit again tomorrow.

Chairperson, you can report.

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No. 54 of 2015) and seeks leave to sit again tomorrow.

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

Who is your seconder? You have to be seconded.

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

On a point of order, Mr. Temporary Speaker, Sir. Are we not voting on the amendment Bill to the Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No. 54 of 2015)? If we are, all Bills that are debated in the Senate concern counties. Therefore, voting must be by county delegations. Just be guided. We are voting to an amendment Bill. It cannot be a voice vote.

Yes, it is a county matter but the Chairperson was just reporting on the progress of what we went through. We did not vote because we did not have numbers.

On a point of order, Mr. Temporary Speaker, Sir. I want to know; what are we about to vote for?

So that we can sit tomorrow.

You remember very well that the progress was reported and finally, there was voting so that the Committee could resume tomorrow because there was no quorum. That is the Report that is coming out of the House and we have to vote for it. Are we together? Not on the Bill. It is just on the progress report. Are you satisfied? Sen. (Dr.) Khalwale: Yes, Mr. Temporary Speaker, Sir.

On a point of order, Mr. Temporary Speaker, Sir. I am informed by the Chairman that there is going to be a Second Reading in order that we may introduce an amendment to that proposed amendment. At what stage are we are going to do the Second Reading, so that I can introduce an amendment to Clause 9(a)?

You will have to file the amendment with the Office of the Clerk, and then tomorrow after we resume, before the voting, that amendment will have been considered.

(Sen. (Dr.) Machage): Order, Members. We are now looking at Order No; 11 Committee of the Whole. I hope, Sen. (Prof.) Lesan, you are standing in for the Chair. Let us have the clauses.

Mr. Temporary Chairperson, Sir, I propose that Clause 3 of the Bill be amended in the proposed new section 12B by: (a) deleting subsection 1 and substituting thereof the following new subsection- (1) The persons appointed under section 12A.(2) (a) and (d) shall be competitively recruited by the County Public Service Board and appointed by the county Governor----

(Sen. (Dr.) Machage): Order. I think you executed it wrongly. Can you start with the phrase: I beg to move?

Mr. Chairperson Sir, I beg to move: THAT, Clause 3 of the Bill be amended in the proposed new section, 12(B) by- (a) deleting subsection (1) and substituting thereof the following new subsection- (1) The persons appointed under section 12A.(2)(a) and (d) shall be competitively recruited by the County Public Service Board and appointed by the county Governor by notice in the County Gazette for a term of three years, renewable for one further term of three years. (b) Inserting the following new subsections immediately after the proposed new subsection (1). (1A) A person qualifies for appointment under section 12A (2)(a) if such person is a trained health professional with knowledge and at least five years experience in matters relating to cancer prevention and control. (1B) A person qualifies for appointment under section 12A (2)(c) and (d) if such person holds a certificate of secondary education and has knowledge and at least one year experience in matters relating to cancer prevention and control.

(Sen. (Dr.) Machage): I see no interest, so Division will be at the end.

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

Mr. Temporary Chairman, Sir, I beg to move that the Committee do report progress on its consideration of the Cancer Prevention and Cancer (Amendment) Bill (Senate Bill No.3 of 2015) and seek leave to sit again tomorrow.

(Sen. (Dr.) Machage): We will continue so that we can report progress on another Bill, together with this. Let us move to Order No.12. THE KENYA NATIONAL EXAMINATIONS COUNCIL (AMENDMENT) BILL (SENATE BILL NO.14 OF 2015

(Sen. (Dr.) Machage): I see no interest, so Division will be at the end.

On a point of order, Mr. Temporary Chairman, Sir. Sen. Obure gave notice that he intends to move an amendments to the Bill on Clauses 3 and 4 but we are now on Clause 5 and those amendments have not been moved.

(Sen. (Dr.) Machage): You are very right. This is an error of print out. That is what the Order reads. Let me consult on the way forward in such a scenario because this is an anomaly. The amendments are not on the Order Paper.

Hon. Senators, there is normally a print out on the Order Paper, therefore, I request the Mover to request for more time. So, he will have to report progress.

Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee do report progress on its consideration of the Kenya National Examination Council (Amendment) Bill, and seek leave to sit again tomorrow.

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

Hon. Senators, I call upon the Chairman to report the progress on Order No.11, The Cancer Prevention and Control (Amendment) Bill, 2014 (Senate Bill No. 3 of 2015).

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

What is your point of order, Sen. (Dr.) Khalwale?

Mr. Temporary Speaker, Sir, I am sorry to interrupt the progress of debate. However, I have complained before about the manner in which the Speaker arrives in the Chamber these days. While previously, the transgression was that the Speaker appeared to emanate from the Chamber itself, it has now gone further; that the Speaker has now been announced to have arrived when he is in the Chair. For good order, let us insist that we keep to the traditions of the Parliament of the Republic of Kenya.

Point noted though I never heard that. Continue, Sen. (Dr.) Machage.

Mr. Temporary Speaker, Sir, I beg to report the progress that the Committee of the Whole is considering The Cancer Prevention and Control (Amendment) Bill, 2014 (Senate Bill No. 3 of 2015) and seeks leave to sit again tomorrow.

Could we hear from the Mover, Sen. (Prof.) Lesan.

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

I second, Mr. Temporary Speaker, Sir.

THE KENYA NATIONAL EXAMINATIONS COUNCIL (AMENDMENT) (NO. 2) BILL (SENATE BILL NO. 14 OF 2015) The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Chairman, you can now report on the progress of The Kenya National Examinations Council (Amendment) (No. 20 Bill, Senate Bill No.14 of 2015).

Mr. Temporary Speaker, Sir, I beg to report progress that the Committee of the Whole has considered The Kenya National Examinations Council (Amendment) (No. 2) Bill, Senate Bill No.14 of 2015) and seeks leave to sit again tomorrow.

Could we hear from the Mover, Sen. Obure.

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

seconded.

Since the Mover of Order No.13 is not here, I defer the Committee of the Whole. Let us move on to the next Order?

Thank you, Mr. Temporary Speaker, Sir. I beg to move:- THAT, the Medical Practitioners and Dentists (amendment) Bill (Senate Bill No. 2 of 2016) be now read a Second Time. The object of this Bill is to amend the Medical practitioners and Dentists Act with the view of enhancing the penalties that are related to the offences that are created under the Act which was amended and enacted in 1977. That is about 40 years ago. This Act is very old and it has been overtaken by a lot of events that necessitated that we look at the amendments to make sure that it is current, useful and protects the citizens of the land. The object of this Act was to regulate the medicine and dentistry practice in this country. Section 4 of the Act establishes the Medical Practitioners and Dentists Board whose key functions are stated here and they have been applied for a very long time. The main function of this Act was to regulate the training of the medical practitioners and dentists in this country. This is a very sensitive profession, a sensitive application to the citizens of this country. Therefore, for it to be practiced effectively, there must be well regulated laws and procedures of practice in this area of medicine and dentistry. Secondly, the registration and licensing is also very important because it is not everybody who will practice medicine or dentistry in this country. The 1977 Act regulates the registration and licensing procedures of anybody who wants to practice medicine or dentistry in this country. The areas in which this medicine and dentistry can be practiced also need to be controlled.Therefore, this Act also provided for the registration, inspection and licensing of individuals and premises. It has also provided for the supervision of the individuals as they continue to practice dentistry in the community and in faith-based organisations that offer medical and dental services. These organisations need to be licensed and inspected all the time. The Act will help the Cabinet Secretary for Health to handle matters pertaining to health care which are changing all the time. Therefore, the Cabinet Secretary who is involved in effecting the Act when it is implemented should be aware of what is going on. If there are any amendments, the Cabinet Secretary should be guided by this Act while applying the regulations. This Act sets out the offences that are likely to be committed by medical practitioners and the penalties for committing those offences. As recently as two weeks ago, various individuals have been found practicing as medical doctors or dentists in this country without any care of what is required of them before they can practice. Last week, somebody who was practicing as a doctor in Nakuru was arrested, taken to court and released on bail. A week later he was arrested again for doing the same thing even before the case was heard. That gives an indication that there are many people who are pretending to practice medicine; disregarding completely what is provided for in the Act which was enacted in 1977. Mr. Temporary Speaker, Sir, the public is aware of very many people who claim to be doctors. In fact, we had a case of a doctor within Nairobi who was taken to court for attempting to rape his patient. We know how susceptible patients are when they go to see doctors. It would, therefore, require people practicing medicine to be highly disciplined. 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 move that the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No. 2 of 2016) by Sen. (Prof.) Lesan, be read a Second 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

Hon. Senators, we are remaining with two minutes. I have here a request by Sen. (Prof.) Anyang’-Nyong’o. We also have a Motion of Adjournment brought by Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, I rise to support this Bill moved by my colleague, Sen. (Prof.) Lesan. Having been a Minister for Medical Services, I can feel and fathom the concerns of Sen. (Prof.) Lesan in moving this Bill. Sen. (Dr.) Khalwale also raised very substantial and germane issues. The first thing I want to say is that the issue of doctors who take advantage of the medical needs - which are enormous -of our people, to trade with the bad health of our people is something that the law should help to cure. Mr. Temporary Speaker, Sir, one of the dictums of good health says that prevention is better than cure. Preventive healthcare is the first line in medical and social practice with regard to our health. One of the key elements in preventive healthcare is knowledge: The fact that we should know our health status, thus, enabling us to know what to do when we need medical attention. In doing so, access to medical care should be transparent and easily known by the people. Article 43 of the Constitution which guarantees every Kenyan access to affordable healthcare will not be implemented successfully if we do not pay attention to preventive healthcare. Our people are not properly informed about healthcare services and the status of their health. This is because this information has been rather scarce and it breeds an atmosphere where opportunists take advantage of the population. When I was young, I used to read that there are certain doctors who can cure everything. There was a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, I will now allow Sen. (Prof.) Anyang’-Nyong’o to move his Motion of Adjournment.

Mr. Temporary Speaker, Sir, last week as the nation woke up on Monday and as farmers in the area went about their business, one shepherd looking after his cattle was suddenly accosted and his cattle taken by some rustlers who drove from Kisumu County to Nandi County. The shepherd summoned his colleagues in pursuit of the cattle. They captured the cattle and brought them back. As a result of that conflict that occurred because of cattle rustling, a whole sea of clashes started. The facts of what happened should be known. I would like to appeal to the National Cohesion and Integration Commission (NCIC) to establish a fact finding mission properly supported by the Ministry of Internal Security to go to the area with the view of stopping this kind of thing. Mr. Temporary Speaker, Sir, last year, when this happened in the Kibigori area, I proposed that we need a strong anti-stock theft unit in the area to prevent this kind of thing occurring again. As I speak here today, 500 families have been displaced. As we know, at least three or more people have died as a result of this. I visited the area on Friday. In a church in Achego, there are over 200 families; men, women and children. They were crowded there because they were not feeling safe in their own homes. This was a very sorry sight. Thanks to Kenya Red Cross, friends and some supporters, including myself, who went there to provide clothing, food, mattresses and so on. It was a terrible human condition to see citizens of Kenya being driven from their homes because of this kind of mishappening in this day and age and the fact that we aspire to be a middle income country by the year 2030. We all remember what we went through; a terrible experience in the year 2007-2008. Therefore, it is a pity that we are still having this kind of conflict in the Pokot Turkana area. These things must come to an end. As we drove around from Achego through Kopere to Songor what shocked me is that roads in those areas are in a deplorable condition. On Tuesday, I appealed to my friend, Maj. Gen. (Rtd) Joseph Nkaissery, the Cabinet Secretary, Ministry of Interior and Coordination of National Government to ensure that security personnel were sent into the area. Indeed, he sent security to the area. There were security personnel sent from Kisii, Nyamira, Kapsabet, Bungoma and other places to the area. The trucks moving around with these soldiers were going around at a snail pace because of the condition of the road. I believe a proper infrastructure is essential for security. My proposal is that a ring road be built. It is there, but it is not maintained. We should maintain a good infrastructure along the border, so that in the event that there is some problem, security can move in very fast and restore 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

Mr. Temporary Speaker, Sir, I rise to support this Motion for Adjournment to talk about the clashes in the border of Nandi and Kisumu counties. As leaders, we need to ensure that citizens live together in peace regardless of their ethnicity and political affiliations. We should not be seen to support evil things. We need to get to the root cause of the clashes between the communities in Muhoroni. I do not think that, that area is prone to cattle rustling like Pokot and Turkana. The clashes have caused a lot of suffering. Families have been forced to flee their homes and seek refuge elsewhere. Even if we send security personnel to the area, the matter may not be resolved fully. The best approach would, therefore, be the setting up of committees comprising of members of both communities. Leaders from both sides should be involved so that they can talk to their people. As we head towards elections, some politicians take advantage of such situations to create more tension so that they can advance their political agenda. It is wrong to have communities in the 21st Century fighting each other. I hope that the perpetrators will be taken to court and convicted. The penalty for committing such offences should be punitive. When it comes to cattle rustling, all those involved including those who allowed the animals to pass through their homes should be penalized. One wonders why people are killing one another in Muhoroni, which is a sugar belt. If the security personnel there are fueling the problem, they should be transferred and new ones brought to ensure that peace prevails. This is not the first time that 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

Your time is up. Sen. Sijeny.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to this Motion. I wish to thank Sen. (Prof.) Anyang’-Nyong’o for bringing this Motion, which gives us an opportunity, as leaders, to brainstorm and see how best we can protect the lives and property of our fellow Kenyans who live in this area. I was once called when there was a serious attack on people who have lived in peace for so many years. They know one another and speak one another’s languages. You cannot tell, for example, who is a Nandi and who is a Luo because they speak both languages. One, therefore, wonders why clashes occur, when children from both communities go to the same schools and people help one another to cultivate land. The Government needs to invest in intelligence gathering. We need to be told why these clashes erupt mostly when the elections are around the corner. We need to be told if there are third parties or leaders – political or otherwise – who fund these clashes. If such people exist they need to be dealt with. I met Hon. Kaparo after he had paid a visit to the troubled area. He said that he had tried to calm things. His Commission should give us their strategic plan so that we know what activities they have been undertaking and where they intend to go. They should involve all stakeholders. We need permanent security personnel in some places, like places of worship. In Nandi Hills there is a place called Mberere that is frequently visited by the Legio Maria faithfuls and other Christians. It is just a place of worship with quiet sanctuaries. People go to the riversides or mountains to reflect and they are now being made to believe that some areas belong to the Nandi and others to the Luos. We should therefore, have permanent security personnel in those areas, especially the shopping centres. Since we have been recruiting security personnel every year, some of them should be sent to such areas to stop clashes that lead to loss of property. Women lose dignity when they are stripped naked, like it happened last time. Some of us had to rush there and give them clothing. What is happening is not fair and something ought to be done. One, as we debate this issue, we should find the implementation committee that should come and follow up with the resolutions. Perhaps the Senator who has brought this Motion should follow up with Mr. Ole Kaparo and the Cabinet Secretary (CS) for Internal Security. We can then come up with concrete issues that will not only solve the Nandi-Luo border but all these borders that have small issues that can be sorted out. This is because there is no real dispute that is clear and they are not fighting over minerals. It is not like fighting for Migingo Island that you think the water is yours and the ---

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to contribute to this Motion. It affects my people; my mothers, sisters, brothers and people who actually call me to go and see them and what they are going through. I would like to pick it up from where the Senator for Kisumu stopped, citing the possible reasons why we are having these clashes. 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 also wish to join my colleagues to first of all express sadness and send my condolences to citizens of this country who have lost their loved ones needlessly, out of these incidents. As I speak on this Motion, I, as Senator for Bomet and, perhaps, my colleague from Kericho County, get worried when we hear about clashes in Kopere area which is only 50 or 60 miles from Kericho. I am worried because there is an industrial action that is going on in Kericho in the tea estates. It was purely an industrial action but I am worried because it is mutating very slowly and deliberately towards a situation where it cannot be controlled. This is because this is a cosmopolitan area where there are residents from Nyanza and other places in the country. Two days ago, it was industrial action but from what has transpired yesterday and today in those areas, it has completely changed its face. Now, it involves not only burning of property of those companies but also residences of managers in the tea estates. It has changed completely. Communities are accusing each other of burning houses of other communities. Therefore, it ceases to be an industrial action and will soon mutate into something that is similar to what we are discussing and is happening in Nyanza. It is very 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 would also like to add my voice to the Motion brought forward by the Senator for Kisumu, Sen. (Prof) Anyang’-Nyong’o because of what is happening at the border between Nandi and Kisumu counties. These two counties have existed for some time, and one would wonder why, suddenly, there is such flare up of people fighting each other and cattle rustling. The security agencies should get to the bottom of the matter and find out why these communities are fighting now. When I watched news of the clashes on television, on the day of the flared up, I saw a grass thatched house which had been torched and a lot of women and children walking with their luggage, trying to find a safe haven. It is very sad because when there is a conflict, it is the children and the women that suffer. I want to appeal to the Government to ensure that they send security reinforcement to that area and more importantly, the home guards. One time I remember we suggested that these home guards be paid, so that we are able to get information 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

Yes, Sen. Ong’era.

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to contribute to this Motion of adjournment on a matter of national importance. I first want to thank the indefatigable former Secretary General of Orange Democratic Movement (ODM), Sen. (Prof) Anyang’-Nyong’o, who I am told wants to be governor, for bringing this Motion of adjournment. I condemn what has happened on the Kisumu-Nandi border in very strong terms because women and children have lost their lives, property has been destroyed and stolen. This is unacceptable in this day and age; that we should find a few disgruntled elements who do not deserve to be called Kenyans, and are taking us back to the old days of primitive ethnic warfare. I condemn the war mongers who are rising up and bringing two communities that have lived together in harmony, in balance and peace for many years into ethnic conflict. Mr. Speaker, Sir, If we look at the history of the Nandis and the Luos, these are people who have lived together peacefully for many years, co-existing and, although they do different cultural practices. I do not see why we should be having the two communities fighting in this age. I am reading a script and I hope that these ethnic conflicts are not arising because of the general elections that are coming next year. If this is so, I also condemn in equal measure the security apparatus of this country for not rising up and bringing these conflicts to an immediate end. I know it is possible. We saw in other places where helicopters flew. We saw in Lamu and Garissa that the security apparatus rushed there, but I have not seen the same happening at the Kisumu-Nandi border with equal measure. I therefore condemn this. It is unacceptable that women and children are being killed, and we know that women are the mothers of this nation. I support.

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