Hon. Members, I have a Message from the National Assembly on the approval of the Motion on the establishment of the Parliamentary Select Committee on matters relating to the Independent Electoral and Boundaries Commission (IEBC). Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40(3) and (4) of the Senate Standing Orders and Rule 9(2) of the Houses of Parliament Joint Sittings rules, I have received the following Message from the Speaker of the National Assembly regarding the approval by the Assembly of the Motion on the establishment of Parliamentary Select Committee on matters relating to the IEBC. I quote:- Pursuant to the provisions of Standing Order No.41(1) of the National Assembly Standing Orders and Rule 9 of the Houses of Parliament Joint Sittings Rules, I hereby convey the following Message from the National Assembly. Whereas the Motion on the establishment of Parliamentary Select Committee on matters relating to the IEBC was introduced in the National Assembly on Thursday, 30th June, 2016 to provide a mechanism for a Parliamentary initiative to review matters relating to the IEBC, the electoral process and the electoral law. And whereas by resolution made on Wednesday, 6th July 2016, in accordance with the provisions of Article 1(1) and (2) of the Constitution and Rule 9 of the Houses of Parliament Joint Sitting Rules, the National Assembly approved the said Motion without 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. Speaker, Sir.

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

Mr. Speaker, Sir, I rise under Standing Order No.40(6) which says as follows:- “When the Speaker reports a message from the National Assembly under paragraph (4) or (5), the Message shall be deemed to have been laid before the Senate and the Speaker may- (a) direct that the message be dealt with forthwith; (b) appoint a day for the consideration of the message; or (c) refer the message to the relevant Committee of the Senate for consideration.” Mr. Speaker, Sir, I am now confused. Having read out the Message correctly, you have not given force to Standing Order No.40(6) because it is very specific on what the Speaker should do. You have not done (a), (b) and (c). Kindly protect me from my younger brother, the Senator for Vihiga County. Could you clarify so that it is clear?

Order! Sen. (Dr.) Khalwale, I thought your younger brother was protecting me from you because in the directions, I finally gave that the Committee needs to move with speed. I have directed it to the relevant Committee of the Senate for consideration. The one we approved yesterday was on the Motion and they have a period of within 30 days to report back to Parliament.

Mr. Speaker, Sir, on a point of order, Mr. Speaker, Sir. My understanding is that the select Committee is a joint Committee and not a Committee of this House. It is a Committee of the two Houses of Parliament. Could you clear my confusion? I always love learning.

I will be pleased to not only teach you, but clear your confusion. In fact, on your insistence, a Committee of the Senate also included the joint Committee. We already have two joint Committees which draw membership from the National Assembly and the Senate. That is what we have done even on this particular one. That is a Committee for purposes of Item (c) you are talking about. Looking at (a), I direct that the message be dealt with forthwith. That is what I have directed. On the appointment of a day for the message, I have said that I have sent a similar message to the National Assembly reporting on the resolution that we made. Therefore, 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 thank you for moving with speed regarding the Committee on the IEBC. The Standing Orders say that you may deal with the matter forthwith in the manner that you have done. It is worthy to note that the two co-chairs of that Committee are Members of this House; that is Sen. Orengo and I, I would like us to move with speed given the limited time that has been given to this Committee. The confusion I have is on the secretariat. Since this a joint Committee on both House, shall we rely on the Clerk of the Senate or the Clerk of the National Assembly? Who do we deal with forthwith?

Hon. Senators, I invite you to check your Standing Orders because I referred you to Rule No.9. On page 169, we have the Fourth Schedule which gives interpretations, summons to Members, time of sitting, proceeding in joint sittings, procedures of joint sittings and report of proceeding. Rule No.9 says the Clerk shall cause to be prepared a full report of the proceedings of every joint sitting of the Houses and shall as soon as practicable publish in such form and manner as the Speaker of the House may from time to time direct. Rule No. 0 states that the Clerk of the Senate and the Clerk of the National Assembly shall be joint Clerks of a joint sitting of the Houses or of a joint Committee. Either of them may exercise a function to be exercised by the Clerk. Rule No.10 on page 172, should clear your little confusion. What is it, Sen. Karaba?

Mr. Speaker, Sir, this one is a bit bright. There is nobody who is to be held responsible for the wording. Therefore, I am standing up so that you could catch my eye.

Order, Sen. Karaba! What did you say?

Mr. Speaker, Sir, I wanted to catch your eye as you catch mine.

That is English language. Now that we have caught one another’s eye, you can proceed.

Order, Sen. Karaba! Given size, I do not catch your eye. I just need to catch your frame. There is some pending matter under petitions. I wish to recognize the Vice Chairperson of the Committee on Legal Affairs and Human Rights. It is not for nothing that Sen. Karaba wants to catch my eye.

Mr. Speaker, Sir, we made a commitment yesterday. The process of getting the report approved was done a few minutes ago and it has already been cleared by your office. Unfortunately, we are unable to table it now, but it is done. I, therefore, request the good Senator for Kirinyaga County, or under Standing Order No.1, you allow me to table the report in a few minutes.

Order! Sen. Sang, you do not need to invoke any other orders. I will have to consult Sen. Karaba on this matter given the passion he raised this matter yesterday and observing your reluctance, I am not sure whether the ensuing debate can be canvassed today. If Sen. Karaba is willing, we can allow you to table the report of the petition today and then we can revisit the matter tomorrow. Sen. Karaba, do you agree?

Mr. Speaker, Sir, let the report be tabled today and then we can discuss it later. This is a very emotive petition. The people of Kirinyaga are waiting for it. I am sure that they are watching me now as I contribute. I am aware of that.

Sen. Sang, you may table the petition report.

On a point of order, Mr. Speaker, Sir. I do not intend to challenge your ruling. I fully concur with what you have just ruled. However, looking at the Oder Paper, we are under Order No.4. It would be advisable to Sen. Sang that if he has any document to table, then that can be done after the Clerk-at-Table calls out Order No.5, then Members can now table documents.

Sen. Khaniri, I would like to invite you to look at Standing Order No.225(4). It states:- “A Senator having presented a Petition shall, without question put, lay the petition on the Table of the Senate.” I am basically interpreting that to mean you can lay a petition; you can lay a report, a document related to a petition during the Order; Petition. It does not have to be when it is time for Papers laid. That is my reading. I have every reason to believe that it is the correct reading. He is presenting a report on a petition. Is it not Sen. Sang?

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday, 6th July, 2016:- REPORT ON PETITION: PETITION BY THE COUNCIL OF ELDERS OF THE KIRINYAGA MIHIRIGAKENDA REGARDING THEIR CLAIM TO THE MWEA TRUST LAND Report on the Petition of the Council of Elders of the Kirinyaga Mihiriga Kenda (Nine Clans) on the boundary dispute between Kirinyaga and Embu counties. REPORT ON THE EMALI AND MULALA RESIDENTS ON BOUNDARY DISPUTE 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.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 6th July, 2016:- Report on the East Africa Community Inter-Parliamentary Games held in Kigali, Rwanda from 4th to 11th December, 2015.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 6th July, 2016:- Report of the Inter-parliamentary Union regional seminar for African Parliaments on effective implementation of resolution 1540 in Africa; opportunities for Parliaments held in Abidjan, Cote d’Ivoire, in February, 2016.

We are done with Papers laid Next order.

Order, hon. Senators. You may wish to proceed along the lines of Sen. Karaba. I cannot see your names on the screen. Proceed, Sen. (Prof.) Lesan. INDUSTRIAL ACTION BY UNIONISABLE MEMBERS OF THE KENYA PLANTATION AGRICULTURAL WORKERS

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Committee on Labour and Social Welfare on the following:- 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, if you may allow, I would like to ride on this statement to include Nyamira County where there was that kind of industrial action. There was no destruction but there was rampant human rights abuse.

Where is the Chairperson? Proceed, Sen. Gwendo.

Mr. Speaker, Sir, I am a Member of the Committee on Labour and Social Welfare. I will consult with the Chairperson to have the relevant answers by next week on Thursday.

Next statement. BURNING OF SECONDARY SCHOOLS IN KISII COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Education regarding recent burning of secondary schools in Kisii County namely; Nyamache Boys Secondary School, St. Andrews Kagwi Boys High School, Nyakoiro High School, Itierio Boys High, Mochenwa, Riambase and Nyamonye SDA Secondary Schools. In the statement the Chairperson should: (1) Explain the reason for this burning happening in our schools especially arson cases and steps to address the root cause. (2) State what the Ministry of Education, Science and Technology is doing on the rising indiscipline in the schools. (3) State the measures taken to prevent similar cases arising across the country. (4) Why are secondary school principals being transferred because of the burning of these schools? What is the co-relation?

Where is the Chairperson of the Committee on Education?

Mr. Speaker Sir, we need two weeks to issue the statement. However, in the meantime, we have also requested the Cabinet Secretary to appear in our 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. The standard response time is two weeks. Since you are ahead of the Senator, why do you not make it Thursday, next week?

Mr. Speaker Sir, after meeting the Cabinet Secretary next week, we should be able to give you the statement.

Sen. Ong’era!

Mr. Speaker Sir, may I request through your Chair that the Chairperson of the Committee on Education would call the Senator for Kisii County and as members of that delegation which I am the Vice-chairperson, be present when the CS for Education is called.

What is the size of your delegation, Senator?

Mr. Speaker Sir, our delegation is three Senators. Sorry, I had forgotten Sen. Onchwangi.

So the head of delegation is the Chairperson, you are the Vice-chairperson and the other one is a Member.

Yes, Mr. Speaker Sir.

Sen. Murungi.

Mr. Speaker Sir, I would like to ride on this request for statements. I was with the CS for Education in Meru County last week, where we got information that 12 schools within my county had their dormitories burnt. The CS ordered investigations regarding the 12 schools and it appears to be a nationwide problem. I suggest the CS be requested to appear before a special Kamukun ji of this House, instead of appearing before the Committee on Education or if the Committee on Education could invite all the Senators because I believe many of us have issues that we would like to explore with the CS when he is invited. It is surprising that sometimes a dormitory is burnt immediately the students have returned from home after being sent away for burning another dormitory. Mr. Speaker Sir, you recall that one dormitory in Kisii was burnt the same day the CS had visited Kisii and had visited the same school that had been burnt and another dormitory was burnt immediately after he left. This means that there must be clandestine movements for burning these dormitories, and that is what we would like to explore, expose, get it punished and stopped. Parents cannot continue building dormitories only for them to be burnt by criminals and nothing seems to be happening to these criminals. This is a very important Statement and we would all like to be present when the CS comes to this House.

Mr. Speaker Sir, this is a House of records. If you heard the remarks by Sen. Ong’era, she talks of the Vice-chairperson of a delegation which is not prescribed in the Constitution. Is she in order?

Let us dispose Sen. Ong’era and then the Chairperson can respond to the requests by Members. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker Sir, I want to thank Sen. (Dr.) Machage for bringing this statement which could cause an amendment to the Standing Orders. When I was appointed, my letter from the leader of our delegation indicated that I was the deputy leader of the delegation. I do not know how it was written.

Order. Senator! Which is which? You claimed that you are Vice-chairperson, now you are saying that the letter read deputy chairperson. What is it, Sen. Sang?

Mr. Speaker Sir, now that Senator Obure who wrote the letter is here, could he confirm?

Order, Sen. Sang! You are completely out of order. There is nothing that ropes in Sen. Obure because there is nothing adversely mentioned against him. He should be under no obligation. What I get is that it was a local arrangement made by the delegation, but also our Standing Orders allow the head of delegation to nominate Members of the delegation to vote for the delegation in his absence. So, I do not see anything untoward when they make their own working arrangement. If anything, Sen. Sang, maybe you are just alone and that is why you do not have those challenges. The Chairperson, Committee on Education, there is a request that you invite the Members for your scheduled meeting with the CS.

Mr. Speaker Sir, instead of inviting all of them to a Committee room which could be too small, we would rather have the CS attend Plenary. I will alert him.

What time is your meeting?

Mr. Speaker, Sir, on Tuesday at 10.00 a.m.

Hold the meeting here.

Mr. Speaker Sir, we can revert here so that all Members can access.

You can invite all the Senators who want to participate. It is so directed.

Next Statement!

Sen. Nabwala.

Mr. Speaker Sir, pursuant to Standing Order No.4 (2) (b), I wish to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding the recent increase in the price of maize floor. In the Statement, the Chairperson should:- (a) Confirm that the recent increase in the price of maize flour is not due to millers preferring to import maize from neigbouring countries instead of buying locally produced maize. (b) Specifically clarify why the millers are not purchasing produce under the Galana-Kulalu Irrigation Project and state what the Government is doing about it. (c) Confirm that millers have been avoiding maize from the National Cereals and Produce Board (NCPB) because it is of poor quality owing to poor quality storage. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

Mr. Speaker, Sir. On that very important Statement, allow me to request some additional information. The Galana Kulalu investment by the Jubilee Government ran into billions of shillings. Could the Chairman tell us how many bags of maize were harvested from that scheme, so that we know whether the produce was enough to cushion the apparent excuse that there is a shortage of maize and that is why the price has gone up?

Mr. Speaker, Sir, in answering the question raised by Sen. Mukiite, could the Chairman also tell the House and country whether there is any truth in what was stated by the head of the National Cereals and Produce Board; that they have stocks of maize that is more than eight years old in the stores and it has gone bad, probably, with aflatoxin? Could he also assure the country that this contaminated maize will not be released to the population as food rations, more particularly, the vulnerable areas that survive on food rations from the Government in the northern parts of Kenya, Turkana and so on?

Mr. Speaker, Sir, it is well known in this country that in the last three years, Turkana region and the surrounding areas have suffered catastrophic hunger. Could the Chair tell this House why the people of these regions were denied food which has hitherto been left to get spoilt in the stores?

Chair, Committee on Agriculture.

Mr. Speaker, Sir, the issues raised by Members are very serious. Therefore, we would like to make a very comprehensive statement after consulting the various bodies that are in charge of the various issues that have been raised. We request for three weeks to enable us bring an appropriate answer to the House.

Sen. Kiraitu, we are dealing with food security and there is nothing to convince me, from what you have said, that you need three weeks. All you need is just to be more efficient in your consultations. I direct that you bring the answer in two weeks.

Mr. Speaker, Sir, you know that I am a very obedient Chairman. The Statement will come in two weeks time.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, this is the Statement on the business for the Senate next week. As Members would know, we normally issue these statements on Thursdays, but as you are aware, tomorrow is a public The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Next Statement by the Chairperson, Committee on National Security and Foreign Relations. Statement (b) is by the same Chair. Statement by the Chair of the Committee on Lands and Natural Resources. I hope that the Senate Majority Leader is making arrangements to ensure that the Chair who is supposed to make statements (a) and (b) is available. Proceed, Sen. Kivuti. 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 Senator who requested for this Statement is not in the House. However, I seek leave to nonetheless read the Statement, unless you direct otherwise.

Could you repeat?

Mr. Speaker, Sir, in keeping with precedence normally the Member who requested for the statement needs to be in the House when it is being presented. In this case, Sen. Sonko is not in the House, but I have the Statement ready. It was ready even yesterday and this matter was in yesterday’s Order Paper. I, therefore, seek leave to proceed with it.

Let us give him a bit of notice, so that you read it, regardless, on Tuesday.

It is okay, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir, having served as a Member of the Speaker’s Panel in the Ninth and Tenth Parliaments, you know that the traditional at that time on questions was that if the questioner was not available for a reason not apparent to the Speaker, that question was always dropped. Would I be in order to suggest that the same modus operandi is introduced in this House, so that we avoid situations where Members just ask for statements and disappear?

On a point of order, Mr. Speaker, Sir. While I appreciate the tradition referred to by Sen. (Dr.) Machage, on several occasions when Senators seek statements in this House, we always have riders and some of those questions may not just relate to the particular Senators requesting for those statements. It is a matter that once placed before the House, it is of interest to everybody. What would be more appropriate is that if the Member is consistently not available for the release the statement sought, the Chairperson can be allowed to deliver it, so that the other Senators can engage on the matter.

What do you have to say, Chair?

Mr. Speaker, Sir, I would like to bring to your attention the fact that Sen. (Dr.) Machage, who is a Member of the Speaker’s Panel, directed at one point that this Statement be issued the following day, whether or not Sen. Sonko was in the House. He declared that the Statement was the property of the House. That is why I was seeking your guidance on whether or not to proceed. I would be quite happy to proceed because it is not a very long Statement. Again, the matter in question may be of interest to this House. The Standard Gauge Railway (SGR) is a matter that may be of interest to the rest of the House.

Mr. Speaker, Sir, allow me to add my voice to this matter, in support of the proposition by Sen. Sang. Once a Statement is sought, it becomes the property of the House, especially on matters that are of national The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. The rules are very clear. Is the Senate Minority Leader, therefore, in order to impute improper motives on the person of the Senator for Nairobi, Sen. Mike Sonko, that he is a persistent offender, without bringing a substantive Motion?

Let me start by disposing the first one by Sen. Khaniri. I am not sure whether an observation made is imputing improper motive. You can say Sen. Khaniri is ever present, permanently absent or an occasion visitor. I want to believe that is just an observation by one Senator. It is also very probable that another Senator will see Sen. Khaniri to be permanent when another one sees him to be absent. It depends on what times they come to the House. So, I will leave it there.

On a point of order, Mr. Speaker, Sir. I thank you for coming to the immediate defence of the Senate Minority Leader. However, are you confirming that the confirmed ever absence of Sen. Sonko is with your leave? Could you confirm that because the Constitution is very clear on what is expected of you if---

Order! Sen. (Dr.) Khalwale, you know how to challenge the Speaker. You do not do it by riding through other statements but you should seek for my communication directly. Secondly, I did not agree with Sen. Wetangula but I gave both options. In fact, I used Sen. Khaniri as a point of reference that it is probable that one Senator may see another one always absent and another Senator will see the same Senator to always be present. It also depends on the times whether there is a coincidence for the arrival or departure to or from the House. I left all the option open. So, your point of order does not even arise in the first place.

On a point of order, Mr. Speaker, Sir. We know that this House operates in the plenary and also within our committees. The said Senator, Mike Sonko, has actually executed his responsibilities in this House within a committee. The last one we know of is where his conduct is a subject of your ruling. Therefore, are they in order to suggest that Sen. Sonko has not been attending plenaries in this House when we know that he caused some stir within a committee of this House?

Order, Sen. Sang. Members, I think we are now trading on dangerous grounds of discussing the conduct of a Member without a substantive Motion. Let me revisit the issues raised. I think Sen. (Dr.) Machage raised a very important issue based on the practice of the previous Parliaments. Sen. Sang countered that on the basis of the practice of a House in the 11th Parliament and Sen. Kivuti supported it. I think that has been our practice and so was the practice as observed by Sen. (Dr.) Machage in last Parliament and other Parliaments. We took a different 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, whereas the responsibility may be on me, the onus to direct what comes on the Order Paper is on the Rules and Business Committee (RBC) and whoever will be seated where you are on that particular day. I rest my case. Otherwise, I will be ready to proceed as directed.

You have no case to rest. I have directed that you issue the statement on Tuesday regardless of whether Sen. Sonko is present or absent. I have also directed that on Tuesday, if for some reason somebody canvasses for a deferment, the onus is on you to confirm that this was the last day you are allowed to make the statement. Here, we do not spell all the procedures once the directives have been done. It is systems go including the matter appearing on the Order Paper of Tuesday. I do not need to be explicit. So, take what is yours and do not assume responsibilities that are not allocated to you.

Let us go to the next statement. CONSTRUCTION OF KIRINYAGA SEWERAGE PLANT

Is the Chairperson of the Committee on Roads and Transportation around? If not, let us have the Vice Chair, Sen. Sijeny.

Mr. Speaker, Sir, I had not seen the Statement. Please just allow me a few minutes to find out.

We will defer that one.

We shall also defer than one. 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

This was also to be responded to by the Chairperson of the Committee on Roads and Transportation. Vice Chair, do you have any information?

Mr. Speaker, Sir, I have not been given any information but let me find out.

We will come back to that.

Let us move to Statement (g) STATUS OF STREET FAMILIES AND URCHINS IN KENYA

Let us have the Chairperson of the Committee on Labour and Social Welfare, Sen. Justice Madzayo. Order, Chairs, there is a reason we publish Order Papers in advance so that everybody knows their responsibility.

Mr. Speaker, Sir, I will be in a position to respond to these questions within the next two weeks.

Order, Chairman. When you see statements to be issued, it means they are due and not new statements being sought, unless you are taking advantage of the absence of the Member.

Exactly. Further, I have not received the response from the Ministry responsible.

So, it will be issued in two weeks’ time.

Let us go back to statements to be issued for the second time starting with Statement (a). CAMPAIGN AGAINST MANUFACTURE AND CONSUMPTION OF SECOND GENERATION ALCOHOL

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I have tried to reach the Chair and Vice Chair of the Committee on National Security and Foreign Relations but it has not been possible. I have discussed the matter with the two Senators who had requested for the Statements; Sen. (Dr.) Khalwale and Sen. Khaniri. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

It is so directed. In the circumstances, the Member could attract our sympathies. What is it Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir. I want to confirm that it is true that those consultations have been held and we have concurred with the request by the Senate Majority Leader. However, on that very important issue, all Kenyans who subscribe to the Islamic faith or have Muslim friends or relatives are today observing Eid Ul Fitr; they are on holiday. Could the Senate Majority Leader tell Kenyans what informed the Government not to make today a holiday instead of tomorrow? No Muslim will be on holiday tomorrow.

I consider that a valid point of order.

On a point of order, Mr. Speaker, Sir. Tradition has also been set in this House. Whenever the Chairperson or the Vice Chairperson of a Committee is not present, a Member is called upon to read the Statement. This has been omitted today. In any case, is the Senate Majority Leader in order not to give the Statement himself?

Order, Members. Senate Majority Leader, do not respond to Sen. (Dr.) Machage, because you had substantively addressed those issues. Respond to the issue raised by Sen. (Dr.) Khalwale, because, obviously, the mismatch is affecting the business.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I agree with Sen. (Dr.) Khalwale that, that is the situation. Nevertheless, this is not an extraordinary happening. Every year, there is normally contestation within the Muslim fraternity, which puts the Government in an awkward situation. It revolves around when, where and by who the moon has been sighted. This is not the only time we have had this mismatch. There are times no lesser person than the Chief Kadhi has announced a holiday and sections of the Muslim community have defied him depending on where the moon has been sighted, by who and how the moon looked like or such factors. Therefore, I do not want to delve into that matter. It is not the work of the Government to engage in internal differences in various faiths. It has happened repeatedly, but I do not think that it has harmed anybody. Finally, the whole idea of giving a holiday is in honour of our brothers and sisters of the Muslim faith, notwithstanding that the holiday may fall today or tomorrow. It also offers the country a day to stand in solidarity with them. That should be excused, because the rest of us are here. What the Senate could have done tomorrow could be done today, except for small issues like that Statement. I am sure that the Statement will be dealt with on Tuesday. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senate Majority Leader. Every business on the Order Paper is a big issue. Therefore, you need to make amends.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, to the extent that I have insinuated that any part of the business of this House is of secondary importance, I withdraw and apologise unreservedly to the Speaker and the House.

On a point of order, Mr. Speaker, Sir. This is very serious business. Yesterday, the moon was sighted in Tanzania and Kenya during the day and an announcement and a communique was made to the country to that effect. Why did the Government, upon receiving that communique from the Islamic faith, not give them today to celebrate and be joined by us? Today is the most important day to them. If they have no reason, then the least they can do is to apologise.

On a point of order, Mr. Speaker, Sir. The Hon. Senator should know that the earth is not flat. Since the earth is spherical, by the time we sight the moon, others will have sighted it earlier. It depends on the position you are on earth. For example, if you are in Comoros Islands, you could sight the moon before those in Kenya. If one is in America, they could sight it even two days before. I, therefore, wish to correct my friend, Sen. (Dr.) Khalwale, that positions vary because of the earth’s spherical nature.

Order, Members. The Senate Majority Leader discharged this matter very well. It has now been academically confirmed, to borrow the words from the Senate Majority Leader, by no lesser person than the former Geography teacher, Sen Karaba.

There is not much to comment on this issue; that case is rested. Sen. (Dr.) Khalwale should be forgiven because he is a medical doctor. He works on human beings who are the same all over the globe. However, all features of the globe are not the same in every spot of the globe. That is where Geography reigns supreme. What is it, Sen. Sang?

On a point of order, Mr. Speaker, Sir. While the Geography question has been settled, there was a more fundamental issue with the assertion by Sen. (Dr.) Khalwale. It is not anybody who is allowed to sight the moon for a holiday to be declared. It is always a particular person; the Chief Kadhi. Sen. (Dr.) Khalwale is not the Chief Kadhi and he did not quote that the Chief Kadhi sighted the moon.

Order, Members He did not say he was the Chief Kadhi. He said that the moon was sighted in Tanzania. What I found strange is that it was during the day. Sen. (Dr.) Khalwale, I come from a region in this Republic where the moon provides more light because of lack of electricity. Therefore, I know matters about the moon. It is a bit difficult to sight it during the day, but I do not want to go into that debate. 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, Statement (d) is not yet ready, because we have not received it. I ask for at least a week; by Thursday next week.

Are you asking to respond on Thursday?

Yes, Mr. Speaker, Sir.

Let us give you until Tuesday.

Mr. Speaker, Sir, give us until at least Wednesday.

This Statement was to be issued today; the time has basically expired. You can only conveniently seek for our indulgence for the next day of business. If you do a bit of work between now and Tuesday, you should be able deliver the Statement.

I stand guided, Mr. Speaker, Sir. As concerns Statement “e”, we are still waiting for answers to the further clarifications that were sought. Therefore, I would request for more time; at least until Thursday.

Proceed on statement “f.” HARASSMENT OF BODA BODA OPERATORS IN NAIROBI COUNTY

Mr. Speaker, Sir, with regard to Statement “f”, we are not satisfied with the Statement provided. As a Committee, we have summoned the Nairobi County officials next week to give us further clarification. We, therefore, request for at least two weeks. We agreed to meet them on Thursday, which is the convenient day. We can give the answer in two weeks time.

Sen. Elachi.

Mr. Speaker, Sir, I agree with the Vice Chair that the statement provided is unfortunate. They do not dispute or agree with the penalty of Kshs200,000. We need to get to the bottom of this matter because it is serious. It is unfortunate how the Ag. County Secretary has answered this question. What is it, Sen. (Dr.) Machage?

On a point of order, Mr. Speaker, Sir. Given that the Vice Chairperson has disowned the Statement because it is inadequate, is it in order for the questioner to quote excerpts of that Statement?

Sen. Elachi!

Mr. Speaker, Sir, I did not quote the answers; I quoted what we had asked. 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. Elachi. You are completely out of order. The Committee is directed to respond to your Statement in two weeks time. They have a justification for that time that they requested. What is it, Sen. Elachi?

On a point of order, Mr. Speaker, Sir. I humbly request that the Statement be delivered by next week. The more time we take, the more the boda boda operators in Nairobi will suffer. By the time we will be finishing this issue, some bodaboda will have to pay Kshs400,000 to Nairobi County to retrieve their motorcycles.

Sen. Sijeny.

Mr. Speaker, Sir, due to the time required for invitation and other logistics, it was not possible to fix a meeting today or earlier. We have agreed that on Thursday morning, we could invite her to a meeting for further interrogations. We still urge for more time. The directions that you had given are sufficient. If we invite her and she is satisfied, it will be good. We cannot do it before the two weeks.

The directive remains the same.

Mr. Speaker, Sir, I am not convinced. The Vice Chair of the Committee suggests that the answers will be available in two weeks time. Whatever the time, I fear that the question on sewerage is not in her docket; that is why she is not getting the answer. This question could be directed to the Ministry of Water and Irrigation. The answer might not be available in a week’s time. Why can we not refer the questions to another Committee?

Mr. Speaker, Sir, if another Committee is given the work, we will have no problem. We can work together and seek answers. However, they have not told us that it is not within their docket.

Let us proceed along your lines first and then you will give us directions depending on the kind of response you get. Did we say that both Statements (d) and (e) should be ready in one or two weeks’ time? What was your request?

Two weeks’ time, Mr. Speaker, Sir.

It is so directed.

Hon. Members, before we proceed, I have a message from the National Assembly on the approval of the second basis for equitable sharing of national revenue allocated to counties. Hon. Senators, I wish to report to the Senate that pursuant to Standing Order No.40 (3) and (4), I received the following Message from the Speaker of the National The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. Given that laws are not applied retrogressively. The House remembers that we passed that formula and until the National Assembly concurred, it had not assumed the full force of law. The House should also remember that the revenue for horizontal sharing of sharable revenue was passed in this House before this law came into force. Is it my understanding that this formula will not apply to the current financial year given that this law has now assumed the full force of law and it is coming at a time when the horizontal sharing of sharable revenue between the 47 counties has already been passed? Figures have been factored in and the actual money determined by this House. Is it, therefore, our understanding that this particular formula will not apply for this financial year?

You cannot be more than correct. We have to make progress. We hope that the other House will pass the formula in good time. They have waited for the duration to lapse and that is why we are concluding that this particular revenue sharing formula is now in force into the future; it does not operate backwards. What we have passed in terms of the division of revenue and county allocation of revenue is based on that earlier formula, which was in force until substituted by this other formula. When the opportunity to use a formula comes, we will use this one and not the retired formula. Next Order.

(Sen. (Prof.) Kindiki): Thank you, Madam Temporary Speaker. I beg to move the following Motion:- THAT, pursuant to Standing Order Nos.176(1)(a), 177 and 179, the Senate approves the following Senators nominated by the Senate Business Committee to serve in the Procedure and Rules Committee- Sen. David Ekwee Ethuro - Speaker of the Senate – Chairperson Sen. Kembi – Gitura - Deputy Speaker Sen. Elizabeth Ongoro - Member, Chairperson’s Panel Sen. Peter Mositet - Member, Chairperson’s Panel Sen. (Dr.) Wilfred Machage - Member, Chairperson’s Panel Sen. Stephen Sang’ - Member, Chairperson’s Panel Sen. Martha Wangari Sen. Naisula Lesuuda Sen. Judith Sijeny The matter of the business of this House as well as issues to do with the Rules and Procedures has been until now managed by one Committee, the Rules and Business Committee (RBC). That has presented a major challenge being that the RBC has been overwhelmed with a lot of work. Secondly and even more critical from my point of view, the Members of the Speakers Panel who assist the Speaker to preside over this House have not had a forum where they can meet, discuss and agree on how to run this House from time to time. This has its own disadvantages. It is in that context that this Motion has been introduced mainly to split the RBC into the Senate Business Committee and then the Rules and Procedure Committee becomes a separate Committee mainly consisting of all the Members of the Speakers Panel plus one or two other Senators, so that the House is fully represented. 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 rise to second this Motion. I want to agree with the Senate Majority Leader (Sen. (Prof.) Kindiki) that this is purely a Procedural Motion that has given entitlement to both sides of the House in accordance with the traditions of this House. Therefore, there would be no reason whatsoever for the opposition to contest it. I second.

Thank you, Madam Temporary Speaker. I stand to support this Motion. As I understand, the objective of this Motion is to try and facilitate the orderly and efficient conduct of business. The names proposed are names of our own colleagues here, we know them well and we know that they have the capacity and the will to sit on this Committee and transact business on our behalf. Madam Temporary Speaker, I hope that once they assume office, they will facilitate the enhancement of the manner in which we conduct our business in this House. I congratulate each one of those proposed and wish them the best.

I think there is a problem with our system. It is not showing requests on the screen. Therefore, we will revert to analogue way of doing things.

Madam Temporary Speaker, I rise to support the Motion. This just confirms that the Senate is making things better for the next Senate by setting up The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, the omission of the creation of this Committee by the Senate was a mistake. This is a Committee that has always existed even in the last Parliament. It is a Committee that also exists in the National Assembly. It was an omission that should not have been overlooked. Therefore, the Members of the Speaker’s Panel noted that anomaly and nominated me to present this request to this House. Therefore, I am happy that this House had considered and created this Committee. Therefore, by proposing membership of this Committee is really something that was long overdue. I beg to support.

Madam Temporary Speaker, I also rise to support this Motion for setting up this Committee. I appreciate the fact that there a quite number of women who will ensure the business of the House will run smoothly. I hope they will learn a lot from your experience. You have been instrumental in the running of this House. The most important thing to note here is that this Committee has a substantive number of people who will deliver and make sure Senate asserts its position always.

On a point of order, Madam Temporary Speaker. Did you hear what Sen. Elachi said? She appreciated that there is s considerable number of women in this Committee. I thought we only have Senators here, not women.

Sen. Obure, we have Senators in this House, but that does not negate the fact that we have women Senators. We, as women Senators, do not feel offended by being referred to as women Senators. Therefore, there is nothing out of order with that reference.

Madam Temporary Speaker, thank you for giving me the opportunity to support this Motion. I am in support of this Motion because the Senators who have been listed to transact business on behalf of this House are Senators who I know will deliver. As Sen. Elachi has mentioned, we feel represented as women Senators to this Committee. I know that any issue related to women will be articulated adequately. I, therefore, beg to support this Motion.

There being no further requests, and this is not a Motion that affects counties, I will proceed to put the Question. What is it, Sen. Ong’era?

On a point of order, Madam Temporary Speaker. Thank you for giving me your indulgence. I came in late and I was not aware that you had asked us to raise our hands. I would like to support this Motion and say from the outset that it is long overdue. We needed to have a RBC right from the outset when we started this Session in 2013. Therefore, I welcome that the RBC has now seen the sense of it and created another Committee for Procedure and Rules and called the other one the Senate Business The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

The system is still down. Is there any other Member who is interested in making contribution? The Senate Majority Leader, it is a blessing that you are in the House. I almost put the question without giving you the opportunity to reply. Kindly proceed.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move.

I will now proceed to put the question.

Next order.

Sen. (Prof.) Lesan is not in the House. I, therefore, defer the Bill.

Next order.

Owing to the numbers, we cannot proceed with the Committee of the Whole. Therefore, we will defer Orders Nos.13, 14, 15 and 16.

(Sen. (Prof.) Kindiki): Madam Temporary Speaker, I beg to move that that The Basic Education (Amendment) Bill (National Assembly Bill No.38 of 2014) be read a Second Time. This is a Bill from the National Assembly. It amends The Basic Education Act in several ways. I take this opportunity to highlight some of the most fundamental amendments that this Bill introduces to The Basic Education Act. First, I would like to refer to Clause 5 of the Amendment Bill. The Bill introduces a new Section 25(A) to establish a Sub-County Education Board and provide for its composition. As hon. Senators are aware, the current Basic Education Act creates a number of structures right from the National Education Board to County Education Boards. It is desirable after strong representations from all stakeholders in the education sector to have at the sub-county level, an education management organ in the form of Sub-County Education Board. Sub counties are the former districts. That is one of the amendments. Clause 5 creates the Sub-County Education Board. It also provides for members who will sit in that Board. The members are modelled along the same lines as the current membership of the County Education Board but at the sub-county level. In other words, the usual stakeholders are represented. There is a chairperson and twelve other people including the Sub-County Education Officer who will be the secretary to the Board, a representative of the County Executive in charge of education, a representative of the Teachers Service Commission (TSC), a representative of the Private Schools Association, two representatives of trade union representing the interest of teachers and where applicable, one person each representing jointly the National Council of Churches of Kenya (NCCK) and the Evangelical Fellowship of Kenya and also a representative of 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

Madam Temporary Speaker, I rise to second this very important Amendment Bill. I also thank the Senate Majority Leader high as he sits in the echelons of power for acknowledging that I am his senior. However, he should not be modest but he should also admit that I am his senior in marriage and senior in getting children. In fact, I have a granddaughter and a grandson. I am very senior indeed.

Madam Temporary Speaker, as I second, I think there is room for me to request the Senate Majority Leader to send my greetings and the greetings of the people of Kakamega County to the CS for Education, Dr. Fred Matiang’i. However, much as we appreciate the good work he is doing, he should also be measured. He should not be overzealous to direct that my wife cannot go to school to pray for my child when they are preparing to sit examinations. That is to allocate himself powers that he can never have. Why does he want to stop our children from being prayed for? Which parent can go and sneak examinations papers on prayer day to their children? We do not like that. We want to continue praying for our children in the only way we know. Personally, I do not know how to pray but whenever I go to visit my children on prayer day, I repeat to them what my father used to tell me. My father used to tell me that he did not know how to pray but his grandfathers proved themselves using the spear. He used to tell me that this days, you prove yourself using the pen. So, I repeat those words to my children and it makes a big difference. Madam Temporary Speaker, as I second this Bill, I would like to draw the attention of the Senate Majority Leader to Clause 3. Looking at how evolution is taking place in the country, it is becoming clear that even without the allocation of money for the function of education to governors, all the 47 governors are trying to do something for their schools on matters of infrastructure. Probably, the Senate Majority Leader should think whether or not this is the time for us to devolve funds from the national Government to county governments meant for infrastructure development, provision of instructional material and the other attendant purposes. 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. I support this Bill. To me, this Bill is anchored in streamlining laws to help devolution work in our country. These structures will be useful in county and sub-county levels. 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. I support this amendment Bill. In the last three years when Sen. Kagwe was the Chairperson of Education Committee, they made sure that the Early Childhood Education Centres (ECEC) were started in many parts of the country. I want to thank the current Cabinet Secretary (CS), Ministry of Education, for the good work he is doing. We have many challenges facing our children. I support the idea of having county education boards because they will facilitate the full realisation of all children to access quality basic education. They will also ensure all institutions of basic education and training have a conducive learning environment. As it is now, many of our schools face many challenges in terms infrastructure. We, as parents, do not really understand our children because most of the time they are with their nannies and teachers. We have had conflict with the public schools, private schools and faith based schools when it comes to admission. These boards will act as a bridge between various stakeholders and schools. They will address the thorny issue of management of schools in their counties.

Mr. Temporary Speaker, Sir, Clause 12 says: - The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

.: Mr. Temporary Speaker, Sir, I rise to support this Bill from the outset. I would like to give my own reservations based on the experiences that I have had on basic education since my election. We call it basic education, but it is not very valuable to a majority of the students in both primary and secondary schools because of lack of facilities. We participate in the budget making process. Therefore, I know that somebody somewhere is not facilitating the secondary or basic education as it should be. There has been a clamour for education to be devolved. The reason that people are clamouring for education to be devolved is because it appears that the system is not working. The management of education at the national level does not appear to have any effect in some village somewhere in Makueni. As a result, basic education in Kenya, particularly in Makueni County is a mirage. It is not basic. I have looked at this Bill and it is yet another attempt by legislators to create as many structures as possible in an attempt to see whether we can achieve basic education. However, the basic minimum has not been achieved. Mr. Temporary Speaker, Sir, the functions of the county education board is to facilitate the full realization of the right of all children to access basic education. What does that mean in law? Facilitating is not making sure that every child attends school or that teachers are in school. However, facilitating is ensuring that each school has got books, laboratory equipment and basic minimum standards. I will propose an amendment on the functions of these county education boards. It is basic minimum standards for basic education. What is that? It means that every primary or secondary school lab must have five microscopes. Every school or lab must have a minimum of five Bunsen burners so that then we can talk about basic. Those are basics. When you upgrade, you ask whether a school has a library. That is beyond basic. However, for instance, does Class One have enough books to facilitate because it presupposes that this board must go beyond just merely doing technical things? It is providing even the funding. So, I will propose an amendment for basic evaluation. This county education boards must give a report whether it is to the Ministry of Education or Parliament but it must say, for instance, Makueni County has 900 primary schools and 339 secondary schools. In each school, First Schedule, what facilities do they have? For instance, on (a), tick, tick, tick. Then, this would be facilitation so that in the following year, this board is in a position to tell the Ministry of Education that for purposes of school “X”, there is basic education, we need you to do “X”, then our work as Senators and as oversight is to check that is done. It concerns me that in Clause 3(1)(l), we might in our quest, to attempt to have basic education, create discrimination when this Bill proposes that they shall maintain a databank of all students who are ranked first in the constituency in the national examination at primary level and who due to inability to pay school fees fail to gain entry or complete education in public secondary schools. Maybe the Senate Majority can answer this. What is the purpose of maintaining a databank of people who did not complete public secondary schools or maintain a data bank of persons in primary level 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): Sen. Sang.

Mr. Temporary Speaker Sir, I rise to support this Basic Education (Amendment) Bill. The Bill speaks itself to a number of very critical issues. The Constitution provides that basic education should be available to all children in the Republic. If you look at the environment and the situation in the country today, very few young Kenyans are able to enjoy basic education. We have several challenges within the basic education sector. I want to speak to a number of issues that have been raised within this Amendment Bill. One is the establishment of the County Education Board. This is very important. If you look at the functions of this Board, and the qualifications of the persons to sit in the board, section 4(1) says that:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for giving me the permission to speak to this Bill. The realisation of universal education free of any impediments is guaranteed in the Constitution; same as social rights like the right to housing, the right to food, the right to good nutrition, the right to clean water, the right to a clean environment et cetera . It takes the will of the Government of the day to realise these rights. If we want these rights not just to be realised as a manifesto of the ruling clique or as a gift to the people, then we need very cogent and firm legislation so that it does not end where it starts. Mr. Temporary Speaker, Sir, I do not know whether you have heard the opportunity and privilege to visit a country called Cuba. Cuba is a country that has been under siege from their powerful neighbour America from 1959. Thanks to President Obama who is attempting to relax the stranglehold on Cuba but very slowly. Because I have visited the country many times, Cuba is a country that I have greater admiration for. In fact, one of my sons is called Fidel, named after Fidel Castro. I always say that this is a country that has done so much with so little. In Cuba, education is free from pre-school to PhD. As long as you have the ability to learn, you go to nursery, primary, secondary--- 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. I thank my brother the Senate Minority Leader for that courtesy. I think the relationship between the two sides in this House cannot get any better, especially on issues that are not political. Education is an issue of policy. It is about the future of our country. My point of order is to seek your direction in the context of what the Senate Majority Leader has said. I propose under Standing Order 39 where you can rearrange the business of the Senate. I propose two things, one, we dispose of very small amendment Bills, but critical, by stepping down this temporarily. We can return to it. On the other hand, looking at the time, we can extend the sitting until we finish the two orders so that the Senate Minority Leader can have all the time he needs because the time is far gone, we can extend our sitting until we finish the two Orders. That will be a better arrangement.

The Senate Majority Leader, your subsequent request on extending the sitting hour until we are done with this business is 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 the following procedural Motion:- THAT, this House resolves to extend its sitting today until the disposal of the Motion in Order Nos. 17 and 18.

(Sen. Wetangula) seconded.

Proceed, Sen. Wetangula.

Mr. Temporary Speaker, Sir, let me proceed. I was on Clause 3(g) on the vetting of nominees for board of management members and managers for private institutions. This is very dangerous because the national Government apart from posting teachers does very little for schools. The only thing that they are doing is posting teachers and sending some nominal sums of money for the universal primary education which is hardly much. The history of schools in this country must be appreciated before we enact a law like this one. Schools are started by churches, parents, mosques and many other groups. Therefore, you cannot create a super board in the county to vet the nominees to sit on the boards of that school. What happens and must continue happening is to set the criteria on who qualifies to sit on a school board of management then the churches nominate their people, priests, lay preachers and other people. We cannot have a super board. For 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 Minority Leader, you have just made serious allegations against a Member of the ‘Lower’ House.

It is a fact. In fact, I started by saying that he is my friend. I know what he did because he is my friend. It was even in the media, that he sat for examinations and failed in every subject. I am not imputing any improper motives, but stating a fact about him. I am not even saying that he is masquerading; he knows that he did not pass. What do we mean when we say “shall have a minimum qualification of a secondary education?” If we are creating a board that will look at the qualitative nature of our education, we cannot just have anybody who has a secondary education. Human nature is basically evil and wicked. It is the law that we make that shapes people into good behaviour. One of my heroes in life, Fidel Castro, when he became the President he made his brother the Deputy President against all odds. When President JF Kennedy became President, he made his brother the Attorney-General. If you look at President Uhuru Kenyatta, his sister is our Ambassador in Ethiopia and his other sister is nominated to this House. This is human nature. There are very few of us who would say: “I represent my family, let somebody else do it.” We, therefore, need laws to restrain these excesses in human infallibility which we all know. I hope my distinguished colleague, the mover of the Bill, will look at this. A Member of Parliament from the respective county may attend the meetings of the County Education Board but shall have no right to vote. I want to ask the Senate Majority Leader to recast this to say:- “In any county, Members of Parliament sit and nominate one of them to represent them on the board”. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Conclude, Senator.

Okay, Mr. Temporary Speaker, Sir. These things happen and will continue happening. I have several other points, but I will make notes and pass on to my colleague. Lastly, I want to emphasize the point you made. Today, you go to the countryside, the school has no laboratory and library but it has a Kshs6 million bus, a bus shed, a driver who drives it at least once a week, an insurance cover and everything. This is a mania of buses. When I was a Member of Parliament for a constituency, I made it very clear that if you wanted a bus, you go and combine four schools and I help you get a bus that will be available for use to those four schools. What is happening is that those buses are business for our brothers and sisters; the headteachers. They lease them out for funerals and other things. This is where we are failing. Basic education means and excludes buses. I have even seen the school that burnt dormitories because the students were not allowed to watch football. Watching football is not a core function of the school. Let me end here so that we can go to the next business. I wish I had more time.

Senate Minority Leader, you might want to note that every other time a school buys or acquires a new school bus, the Principal happens to buy a new small car. You cannot understand whether it is a package. I think Sen. Karaba needs to investigate the relationship between the two; the small vehicle and a school bus. There being no other interest to contribute on this matter, I call on the mover to reply. 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, allow me to thank the Senate Minority Leader. It is always a joy to listen to my brother Sen. Wetangula. He is a great debater and somebody with a very rich mind, except in a few instances when he is tempted to veer off from the strictures of the very high office which he holds as the opposition leader. I understand him because every time he has an opportunity he has to try and market to the country what he would provide when and if he becomes President in the year 2095. Mr. Temporary Speaker, Sir, I will address myself to five things: One, the Senate Minority Leader has reminded me of the Kenya School Equipment Scheme (KSES). I want to be on record that I also benefited from the KSES where when you reported to Standard One, you were automatically given certain basic kit for learning. Those were good days because all children were equal. Text books and pencils were distributed to all children in the public primary schools. I hope that is where we should go back to. I also want to join him in condemning this craze for fancy and useless things in our schools, especially the buses. There is a lot of pressure on our schools to buy buses. I thought I was the only one affected by that craze, but I am shocked it is happening everywhere. Mr. Temporary Speaker, Sir, secondly, I am in full support of what the Senate Minority Leader has said about decoding the free basic education. Time has come for us to set up a criteria. Although I know he was trying to use the Floor of the House to think through what he would recommend as the manifesto of his party, I still think it is a good idea. We need to develop a basis definition of what free primary education means. We are already ahead of the time. However, that notwithstanding, it helps if all of us, both in Government and the Opposition, think of moving this debate further and creating the elements of free primary education. Thirdly, when Sen. (Dr.) Khalwale contributed earlier and I think the Senate Minority Leader also alluded to it, is the issue of education qualifications for members of the county education board and the sub-county education board. This is critical. If you want to promote education and inspire learners, you must bring the best brains into the administration and management of education. There is no part of this country that does not have learned people. Therefore, if you require people who have secondary education to serve in the sub-county education board, you are likely to get retired teachers, retired agricultural extension officers and retired clinical officers to serve in those boards and that would inspire students at least to achieve some basic qualifications. Finally, it is an issue that was raised by Sen. (Dr.) Machage on whether or not the issue of requiring the TSC to assign teachers may not interfere with devolution of early childhood education and village polytechnics, but it does not. In fact, if you look at the provisions of the Constitution, Article 237 of the role of the TSC includes assigning teachers. However, if you look at the amendment Bill, it says that the TSC will assign teachers, but the county governments will maintain the disciplinary and supervisory functions on those teachers in accordance with Article 235 of the Constitution. So, that aspect has been taken care of. In any case, when this Bill goes to the Committee, I am sure if there are any issues when they will be doing public participation, the Council of Governors (CoG) and other stakeholders will help us refine the Bill 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

I so direct that the putting of the question be deferred to tomorrow.

Next Order.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir. I beg to move that the Agriculture, Fisheries and Food Authority (Amendment) Bill (National Assembly Bill No.17 of 2015) be now read a Second Time. This is a small amendment Bill. It amends the law that we passed recently - the Agriculture, Fisheries and Food Authority Act - to protect workers in the agricultural sector. I want to thank the Senate Minority Leader for agreeing that we extend the sitting time so that we dispose of this business. We are doing this because of the pressure that is on us, as a House, to do more in terms of disposing Bills. I am so grateful because the leadership that my brother has shown, especially today, is commendable. It is also notable that it is the two leaders who are still in the House. This is something that should be lauded. Mr. Temporary Speaker, Sir, the amendment Bill has been brought due to pressure from the trade unions. I know that my brother, the Secretary General of the Central Organisation of Trade Unions (COTU) and former Secretary General of the Agricultural Workers Union, Mzee Francis Atwoli, must be a happy person. This Bill states that if there is manual transportation of agricultural load, any person who assigns another person to manually transport agricultural load must ensure that the person who is carrying out that transportation is adequately trained or otherwise instructed by a qualified person on the manner in which that transportation has to be done. Before I proceed, allow me to explain why we need this amendment. There have been many accidents involving workmen in the agricultural sector, when they are carrying or transporting agricultural products. We have seen pictures on the television of men bending to carry heavy loads of agricultural produce. Therefore, this Bill tries to limit accidents for purposes of educational, health and safety, so that a young man is not subjected to carrying a 100 kilogram bag from one place to another. Whether or not they can do it, it may not be healthy to do so. Other than the issue of injuries at the work place, 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. Temporary Speaker, Sir, for giving me the opportunity and my colleague for moving this Bill whose content and the philosophy is consistent with International Labour Organisation (ILO) 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 interest to contribute on this matter, Sen. (Prof.) Kindiki you will have the rare opportunity to respond to the Senate Minority Leader who seconded your Bill. Proceed.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, I thank the Senate Minority Leader for his patience and useful contributions. He has made three points which I agree with. The first one is that we should have regulations between employers, employees and the trade union movement to ensure that these amendments are given more effect. I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Very well, I so, direct.

Hon. Senators, it is now time to interrupt the business of the Senate. The Senate stands adjourned until Tuesday, 12th July, 2016 at 2:30 p.m. The Senate rose at 7.20 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate