Hon. Senators, I wish to recognise the presence of visiting students and teachers from Riara Secondary School, Nairobi County. They are seated in the public gallery. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit. Thank you.

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

What is it, Sen. Mbuvi?

Mr. Speaker, Sir, last week before Eid Ul Fitr Day, there was a statement which was supposed to be issued---

Order! Sen. Mbuvi, I thought it was a different point of order. I had already given the Floor to Sen. Obure. I will come back to you.

Much obliged, Mr. Speaker, Sir. 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. I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the Mogonga-Kenyenya-Nyansembe Road in Kisii County. In it, he should state:- (1) If he is aware that various unfulfilled promises have been made by the national Government regarding improvement to bitumen standards of Mogonga-Kenyenya- Nyansembe Road in Kisii County. (2) If he is further aware that failure to improve this road has rendered it impassable and severely affected the economic activities in the populous and high potential part of Kisii County. (3) What plans the Ministry of Roads and Transportation has put in place in respect of this road and when the residents should expect improvement work to commence.

Where is the Chairperson of the Committee on Roads and Transportation?

Sorry, Mr. Speaker, Sir. I was consulting. The statement is not ready, but I had informed---

Order, Sen. Sijeny! You need to consult further. Obviously, you were consulting on other matters and not on the statement.

Thank you, Mr. Speaker, Sir. I have been guided accordingly. I will need two weeks.

It is so ordered. Now let us move on to issuing of the statements. We will start with Statement (a) that is to be issued by the Chairperson of National Security and Foreign Relations Committee.

Order! Sen. Adan, who tells you that you must issue the Statement from where you always sit? CAMPAIGN AGAINST MANUFACTURE AND CONSUMPTION OF SECOND GENERATION ALCOHOL

Thank you, Mr. Speaker, Sir. Sorry; I had just received the response to the Statement, so I went to share it with Sen. Khaniri. We have not gone through it. Therefore, I request that we be given an opportunity to go through it so that he can also critique it and then we issue it tomorrow.

What has that got to do with where you sit? You should have just told us. In fact, you were strategically seated next to Sen. Khaniri. What is it, Sen. (Dr.) Machage? 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 I appreciate the response by the Chairperson, I am of the opinion that, that particular sentiment would have been expressed by Sen. Khaniri indicating that he really needed more time to go through it. Would I be in order to request the Chairperson to issue the statement because it is the property of the House?

Order, Sen. (Dr.) Machage! You are completely out of order. This is a statement to be issued. Therefore, the Chairperson has a greater responsibility to explain its status. From where she was running away from, you should be the first one to confirm that they actually had some discussion. Unless leave is denied, we assume that it is agreed.

Thank you, Mr. Speaker, Sir. As it is always the practice of this House, I have not received a written statement. She was just sharing her own copy with me. Therefore, it would be very difficult for me to interrogate the statement by just having looked at it for the first time. Therefore, I want to consent that if you can allocate it sometime tomorrow or in the course of the week. I will be available the whole of this week.

Next Statement (b). Sen. Haji, do you want to come to the rescue of your deputy? HARRASMENT OF BODABODA OPERATORS BY POLICE IN KAKAMEGA COUNTY

Not really, Mr. Speaker Sir. I was dealing with it when I was behind you. I want to apologise to the Senator who asked for this Statement and the House because this Statement should have been given last Thursday, but we have not received it up to now. It is a pity that I have just called the Cabinet Secretary (CS) and he has not responded to my call. I have also called the Permanent Secretary (PS), Mr. Kibicho, his secretary answered the phone and told me that he was in a meeting. I have told them categorically that this statement must be here latest this Thursday. We will keep on pursuing with them.

Mr. Speaker, Sir, I have no problem with waiting for the next 48 hours. However, hon. Members will recall that when this matter came up, there was an uproar in the House because the police officer who shot and killed this bodaboda youth has been transferred and is hidden in another police station called Malaika in Ikolomani. Could he confirm as we wait, that the police officer has since been arrested and that he is no longer on duty in any police station in Kenya, especially Malaika Police Station in Ikolomani? 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 think the sentiments expressed by my colleague is in the HANSARD and I request the clerks who are here to pass the same to the CS so that he can clarify what has been requested by Sen. (Dr.) Khalwale.

It is so ordered. This Statement should be here on Thursday.

Sen. Haji, you need to impress upon the Cabinet Secretary; if he does not seem to understand, the rest of Kenyans understand and feel the pain. He must act with extreme speed and urgency in resolving some of these very urgent issues.

Mr. Speaker, Sir, I am obliged. I will keep on looking for him. Even tonight I will pass this information.

Let us move to Statement (c). Where is the Chairperson of the Committee on Land and Natural Resources?

Order, Sen. Sonko, you are not the Chairperson. Proceed, Sen. Khaniri. COMPENSATION OF LAND OWNERS ALONG THE STANDARD GAUGE RAILWAY (SGR) ROUTE

Mr. Speaker, Sir, this Statement was a subject of debate in this House last week. My Chairman was eager to issue the Statement but then, Sen. Mbuvi who requested for it was not in. You ruled that the Statement be issued today. I wish to report back to this House that I have the Statement. We had a meeting as a Committee this morning to look at it and many other issues. We decided that we will not issue this Statement in the form in which it is at the moment. There are a few grey areas and questions that have not been answered directly as requested by the Senator. Therefore, we request that we be given one more week so that we can get the answers to questions one and two; the list of beneficiaries, identification card numbers and the directors of companies that may have benefited from this compensation. I, therefore, seek your indulgence that we reschedule this Statement for next week because of the reasons that I have just given.

Mr. Speaker, Sir, first, I wish to apologise for my absence on the day the Chairperson of the Committee was due to deliver the Statement last week. I am half Muslim, half Christian. My late mother was buried in a Muslim cemetery in Mombasa. During this special occasion where Muslims worldwide were making Idd-Ul-Fitr Day, I had to join my family in Mombasa to celebrate this important day.

What is it, Sen. Haji? 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 Sen. Mbuvi, the “Governor- to-be” for Nairobi, in order to say that he is half Muslim, half Christian? There is nothing like half-half. You are either Christian or Muslim. So, declare what you are.

Mr. Speaker, Sir, I am one of them. I have just clarified that my late mother was buried in a Muslim cemetery in Mombasa. My late father was a Christian. So, I am half Muslim, half Christian. That is my clarification.

What is it, Sen. Omondi?

Mr. Speaker, Sir, I would like to support Sen. Mbuvi. I am one of the affected persons. However, I made a decision. My mother was a Muslim while my father was a Christian. I made a decision because I was brought up by a single mother. I made a decision to be saved and become a Christian. So, Sen. Mbuvi, it is wise as Sen. Haji says; you declare your position; whether you follow your father or mother.

On a point of order, Mr. Speaker, Sir. There is nothing like half Muslim, half Christian. This is very clear. If his mother married a Christian father, she automatically becomes a Christian. Muslims are not allowed to marry Christians. The other option is that the father should have been converted to Muslim. That is the Islamic position.

Mr. Speaker, Sir, as a House, we should not accept that apology and reason that is being given by the Senator for Nairobi for his absence. He must give a proper reason. First, your mother being buried in a Muslim cemetery does not make you a Muslim. Secondly, we all took oath in this House when we started this 11th Parliament. We know that Sen. Mbuvi took the Christian oath. That is in our records. So, for him to come and claim that he is now half Muslim and that is the reason he did not come to the House, he is taking this House for granted. You must be very firm on him to explain why twice the Chairperson was here to issue this Statement and the Senator was not present.

Let us have the last point of order from Sen. Kagwe.

On a point of order, Mr. Speaker, Sir. Notwithstanding whether Sen. Mbuvi is a Muslim, a Christian or both, the fact remains that at that time the Chairperson had indicated that he was ready to move and the only reason why he did not issue the Statement is because Sen. Mbuvi was not there. Now, that Sen. Mbuvi is here, how then can it be that today when he is here, the Statement is not ready while last week when he was not here, the Statement was ready? Could we just be told the answer to that contradiction?

Order, hon. Senators. Sen. Khaniri, just note it down. What is it, Sen. (Dr.) Machage?

On a point of order, Mr. Speaker, Sir. Would I be in order to bring the attention of the House to Article 32(1) of our Constitution on freedom of conscience, religion, belief and opinion? It states:- “Every person has the right to freedom of conscience, religion, thought, belief and opinion.” 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 issue of Sen. Mbuvi’s religion aside; Sen. (Dr.) Machage has addressed that concern. You are at liberty to be quarter one religion and quarter another one, et cetera . It is his right. However, the Committee took this House for a ride. Last week we almost went to the point of discussing the conduct of Sen. Mbuvi in terms of his attendance to the plenary of this House and whether he was ready to receive his Statement yet we are now being told by the Committee that they are not ready. In fact, last week they indicated that they have been ready for the last one month. Is the Committee in order to take this House for a ride by shifting goal posts? The Committee should be reprimanded.

Mr. Speaker Sir, for good order, the principle of

should apply to committees to the extent where they make a representation. I have a feeling that that representation is what made Sen. Mbuvi surface. They can now not retract because he is already here.

So, estoppel applies. It is fair that the objection as to the insufficiency is issued on the Committee so that next time we do not have the same. This is because now estoppel applies and Sen. Mbuvi has made the effort of surfacing today, irrespective of what he practices. Sen. Khaniri is famous for being a master of the Standing Orders. He must also comply.

Sen. Mbuvi.

Mr. Speaker Sir, on the same subject, I had not finished when a Member interrupted me on a point of order. On the same day, I communicated to the Committee Chairperson, Sen. Kivuti, and to the Clerk’s office of my absence. I wondered why the Chairperson, my brother Sen. Kivuti did not convey the same message to the Senate. Otherwise, I concur with my brother, Sen. Khaniri. I will be patient for one week and wait for a comprehensive statement to be issued.

What is it Sen. Kembi-Gitura?

Mr. Speaker Sir, I think it is a more serious issue than it would appear on the face of it. Although I was out of the country, I read from wherever I was that about an hour of Senate time was spent discussing Sen. Mbuvi until you had to make a decision on it. If the statement is not ready, and the HANSARD shows that the reason it was not read was because Sen. Mbuvi was not here on the material date, and now it appears it is not ready, either this House or the Chairperson of the Committee owes Sen. Mbuvi an apology. This is because it might bite both ways, because the HANSARD now shows that it was the dereliction of Sen. Mbuvi that has caused this delay and were it not that you were on the Chair and ruled that he could not be discussed further, maybe it would have escalated to that point on the mistaken belief that he was the cause of the delay of bringing the Statement to the House. 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. Karaba?

Order. You have made your case. Let us have Sen. Ong’era and let us not be repetitive.

Mr. Speaker Sir, I am not being repetitive. I echo the same words that Sen. Kembi-Gitura said. Since the distinguished Chairman had already indicated in this House that he was ready to proceed, and it was only that Sen. Mbuvi was not in the House, it behooves the Chairperson to apologise to this House for misleading you and the entire Senate. Secondly, we would also like the record to clearly show that it was not because Sen. Mbuvi was not present that the Statement was not read. I have a right to repeat because we want this matter to be brought to an end and with a proper ruling, so that in future, other Chairpersons may not take us for a ride.

Before I give the Vice-chairperson the opportunity to respond to the substantive issue, what is it Sen. Sang?

Mr. Speaker Sir, Sen. Mbuvi made a Statement that he called the Chairperson of the Committee and also the office of the Clerk to indicate that he was not going to be there. I know you do not communicate your absence to the office of the Clerk but to the Speaker’s office. It also appears then that the Chairperson of the Committee - if the statements by Sen. Mbuvi are anything to go by - was informed that Sen. Mbuvi was not going to be there. It even appears then that the Committee Chairperson took the House for a ride by not indicating that they had received communication from Sen. Mbuvi.

Order, Sen. Sang. You can do better than that as a trained lawyer. It is an allegation. So you cannot put it as if it is a fact. You need to qualify it. I do not think I had been asked by anybody to make any ruling and so, I am not going to rule on any matter. I am just going to guide you, particularly, on the issue of whether you are half this religion or half the other, or to put it even worse in the words of Sen. Sang, even a quarter or maybe even a tenth. In light of what Sen. (Dr.) Machage read from Article 32, my observation is that these are matters of faith. My clear reading of Sen. Mbuvi’s statement of being a half this or that has nothing to do with him practicing 50 to50 per cent of religions. It had to do with the occasion that on the material day being what it was supposed to be in the Muslim calendar, he was performing some rituals that have to do with their 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 just want to put this matter very straight and very clear. If Sen. Kagwe cared to listen to me, he would have heard what I wanted to say. It is true that the Statement is ready. It has been ready since 23rd June, 2016. I have the Statement here that is duly signed. When the Statement came to this House, it came through the Chair. In the Vice-chairperson’s wisdom, the Statement was okay. He was going to read. We can still read it. However, the Senator for Nairobi sought six issues in his Statement. After meeting this morning as the Standing Committee on Land and Natural Resources, we assessed this Statement and the responses to the six questions that were sought by the Senator. In the opinion of the Committee, questions No. 1 and 2 were not adequately answered. They did not have satisfactory answers. Here is a situation where the Senator is asking for specific names and national identity cards. We are referring him to another department of the Government; the Kenya Railways yet as a Committee, we should be able to get these names of the beneficiaries for him. Secondly, Mr. Speaker, Sir, the Senator wanted to know the directors of companies. That is, if there were any companies that were compensated. We are referring him to the Registrar of companies. As a committee we thought we are not doing justice to those two particular questions. Instead of answering questions No. 3, 4, 5 and 6, if we are given one week, we can provide this comprehensive information that the Senator wanted. That was the gist of his question. I assure the House that the answer is ready and it has been ready from 23rd June. The Vice-Chairperson was ready to read the answer last week on Thursday. However, after looking at it as a committee, we could do better than what the chairperson was going to present to this House. We seek your indulgence. However, if the House so wishes, we can still issue this Statement without the names. We will send the Senator to the Kenya Revenue Authority to get the names of the beneficiaries.

What is it, Sen. (Dr.) Machage? 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. It is assumed in this House that when a Statement is ready to be read, it has been scrutinized by the Committee. Is the Vice-Chairperson in order to tell us that he actually presented a Statement here which had not been scrutinized by the Committee? He owes us an apology.

Mr. Speaker, Sir, Sen. (Dr.) Machage indeed took the words from my mouth. However, for the record, it is important for us to define the word ‘ready’. If we go by the definition that Sen. Khaniri has just used, it means that anybody can write anything on any piece of paper and present it here as the answer to a question that has been raised by a Senator. Therefore, for a Senator who understands these things very well, it is important for us to define and be clear that “ready” means that you have gone through the committees and the relevant Cabinet Secretaries and gotten all the information. Therefore, when a Senator presents a response here, they should present something that they are totally comfortable with. I also credit the Senator for realizing his Statement was half-baked. He appreciated that he could not present it to the House. It is good that he has done that. Let us be clear. The Statement was not ready.

Order, Members! I am very amused by the passion in which you are attacking your Vice-Chairperson. Many of you are chairpersons.

Order, Sen. Hassan! I am completely satisfied with the explanation given by the Vice-Chairperson on this particular matter. He has no apologies to make. The Committee has no apology to make. This is one committee that always delivers and in good time. They say it as it is. For the benefit of Sen. Karaba, I also direct as follows; we do not need to define the word “ready”.

Order, Sen Hassan! When you come to the Chamber late, learn to listen first. Appreciate the fact that others have been there before you. I have said for the benefit of Sen. Karaba. He is the one who sought for guidance. Sen. Kagwe said that we need to define readiness. The one who really needed the guidance is Sen. Karaba. I am trying to marry the two concerns. There are times those Statements come and the chairperson feels they are good enough to be presented to the House even before the committee has interrogated them. The ideal position is for the committee to interrogate the Statement. The Standing Committee on Land and Natural Resources took advantage of the window of the deferment of the question to interrogate the statement further. They realized the Statement was still not ready. Out of six, they have four issues that were canvassed properly. However, the two issues needed more information. They have come before you to request for additional 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, for those remarks. However, I have a problem with what you have just raised. On the day this Statement was brought, the Leader of the few opposition Members in the House raised some very defamatory remarks against my absence. I have a copy of the HANSARD with me here. The remarks raised by the Senate Leader of Minority were that I am a regular absentee in this House. These were very misleading remarks. I have a copy of my attendance with me. The last time I participated in the voting of four crucial Bills was on 14th June, 2016. I have a copy of the HANSARD with me. Still after that---

Order, Members! Let us listen to Sen. Mbuvi.

Mr. Speaker, Sir, still again after that, the following day---

What is it, Sen. Hassan?

On a point of order, Mr. Speaker, Sir. Is Sen. Sonko in order? According to the Standing Orders, Sen. Wetangula is addressed as the Senate Minority Leader. Here, our Minority is quite slim. Just a few people who Sen. Sonko bought had a very---. But all said and done, is he in order to call the Senate Minority Leader as the Leader of a few Opposition Senators?

On a point of order, Mr. Speaker, Sir. Thank you for this opportunity. The last person I would want to entangle myself with is the Senator for Nairobi because of obvious reasons. Mr. Speaker, Sir, under Standing Order No.20, my proper title is “Senate Minority Leader”. He must also appreciate that I am a party leader, a coalition leader and the only presidential candidate in this House. I can tell the distinguished Senator for Nairobi for free that I did not say he is an absentee. I said he is a perpetual offender in failing to attend proceedings of this House. I am a Member of the Committee on National Security and Foreign Relations to which the distinguished Senator for Nairobi is also a Member. I am ready to take the Bible and swear an affidavit. The Vice Chairperson, Sen. Adan is there laughing 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

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

Order, Sen. Mbuvi. We heard you. Let us hear the Senate Minority Leader.

Mr. Speaker, Sir, in fact, the distinguished Senator for Nairobi should thank you for your magnanimity. If you applied the Constitution and the Standing Orders to the letter, he would have gone. He just drops into committees for a quick fight with his governor and then he leaves.

Order! Sen. Wetangula.

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to suggest that you do not enforce the Standing Orders of this House and the Constitution to the letter? It is the responsibility of the Speaker to enforce the Standing Orders---

Order, Sen. Sang. I listened to the Senate Minority Leader very carefully and he has expressed his views. The only area he substantiated is the attendance to the meetings of a particular committee. Of course you know attendance to the House has many opportunities. There is Plenary and there are meetings. So, I have no quarrel with these meetings but there are many other things that he has not taken into account that determine my enforcement of the Standing Orders, including the largesse I have under the Standing Orders. Sen. Mbuvi, proceed.

Mr. Speaker, Sir, I think I have to defend myself against the Leader of the few in the House. Let me not repeat the same mistake. In other words, the Senate Minority Leader who is a dreaming future president. In fact, I will be the president before he becomes the president!

Order, Sen. Mbuvi. It is one thing to say things before and after you are challenged. When you have been challenged and your attention has been drawn to Standing Order No.20, it cannot be “in other words” but you need to go for those words. Proceed.

Mr. Speaker, Sir, I have to defend myself against the remarks which have just been uttered by the Senate Minority Leader who is my good friend and I respect him but he is a “dreaming future president”. Mr. Speaker, Sir, I am happy that both the Chairperson, the Vice Chairperson and other Members of the Committee on National Security and Foreign Relations like Sen. Orengo are present. I have been an active Member of the Committee.

Let us hear Sen. Mbuvi. 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 honourable Senator for Nairobi has not only once but twice referred to a Member of this House to be dreaming. Would I be in order to request that Sen. Mbuvi tables documents in his capacity as a psychologist to show that the Senate Minority Leader is a dreamer?

Order, Sen. (Dr.) Machage. You are completely out of order. Sen. Mbuvi, have you concluded?

Not yet, Mr. Speaker, Sir. The Senate Minority Leader has just said that I have not been attending committee meetings for six months. I want to prove him wrong that his sentiments are misleading the House. I went with the Committee to Mandera, Wajir, Laikipia and Kapedo while he was absent. The only Senator from the Opposition who was present was Sen. Orengo. Is he in order to mislead the House that I have been absent for six months or is he just dreaming?

Order Senators. I think all of you deserve those moments and it is very possible to make the distinction of the real issues from non-issues. I do not need to add more except to advise Sen. Mbuvi that this was about the Statement but not about your absence and that matter was settled on that material day. If you wanted to raise it, there are ways of raising it. So, lets us leave it at that level.

Order Senators, I had earlier communicated about a delegation of students from Riara Secondary School. One of those students is actually a daughter of one of our Senators. That is a daughter to Sen. Adan, the Vice Chair of the very important committee of the House. So, after I make the communication on the other visitors, I will allow you time to acknowledge them. I may also wish to add that my daughter is in the primary section of Riara schools. VISITING DELEGATION OF STUDENTS AND LECTURERS FROM PAN-AFRICAN UNIVERSITY Hon. Senators, I wish to recognise the presence of visiting students and lecturers from the Pan-African University seated at the Public Gallery. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf, wish them a fruitful visit. I thank you.

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

Mr. Speaker, Sir, let me join you in welcoming the students from Riara Secondary School, which is very famous. Most of my children went to Riara Primary School. It is gratifying that they found it necessary to come and visit the Senate and see their elders discussing issues pertaining to their future. Unfortunately, today is not the best day for them to be with us. I hope that they will be here another time when we will be discussing issues that are relevant to the progress of this country. Thank you.

Mr. Speaker, Sir, I almost told you earlier that you had not made a clear observation, because from this position I can see that these are not primary school children. They look bigger than children in the primary school level.

How do you know?

As a former principal of a high school, I can assess the size and classes that they belong to.

Order! You have made your point. Proceed.

Mr. Speaker, Sir, I welcome them to this House and wish them the best. I thank them for the previous performances that they have posted in the last three or four decades. Riara Schools are known to do very well in the Kenya Certificate of Secondary Education (KCSE) examinations and we are very proud to be associated with them. I wish them the best so that they can post better results this year, like they have done before. Thank you.

Mr. Speaker, Sir, first and foremost, I wish to congratulate the ladies and gentlemen who have come. I wish to encourage the young ladies that the sky is actually the bottom and not the limit. You can aim higher and score higher in whatever you strive for. There is a song that goes; “I know that I can be what I wanna be.” That should be the spirit. Study hard and maintain discipline. In the future, I would like to see most of you coming to this House as Senators. You can make it; there is nothing that can stop you. I wish you all the best. Welcome, our distinguished visitors. Thank you.

Mr. Speaker, Sir, thank you for this opportunity. I would like to say something about the visitors from the Pan-African University. Since I joined the Wiper Party I have started having a great appreciation of bright colours. I used to see Sen. Mutula Kilonzo (Snr.) with yellow suits and green ties and wondered. That was when I used to work at the Kenya National Commission on Human Rights (KNHCR). I remember Sen. Mbuvi introducing me to his outfitter. He called me to his office saying: “Come, there is someone selling good suits.” The suits were red, green and indigo in colour. I told Sen. Sonko that I would be back, but I have never stepped into his office again.

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. Did you hear the Senator for Mombasa say that there are other schools in the bush? Do you know where Alliance Boys High School is and what it has done for this country? It is not in the bush. Because of Alliance Boys High School now there is a town called Kikuyu, which is not small. It is not like Kwa Jomvu. Defend this school which I had the privilege of attending.

Order, Sen. Orengo! You were not there alone.

Mr. Speaker, Sir, schools have acronyms nowadays. Alliance Boys High School is widely referred to as ‘Bush.’ Lenana School where I was is referred to as ‘Changes.’ Nairobi School is referred to as “Patch.’ We definitely share different generations of life. That said and done, I wish the students well as they progress. But to the Pan- African University, there was a lot of zeal towards Pan-Africanism in this continent. There were intellectuals who powered the academic and political spheres of Africa through learning, debate and critique. Great African leaders were public intellectuals who ended up being people who took charge of governments and wrote volumes in terms of informing earlier African states. There is almost a death in critical thinking and learning in Africa. Look at the kind of public servants that we appoint and public leaders that we elect. If you look at their ideological foundation, it is literally absent. We have a crisis in this country because of the crisis of public intellectuals like you. We no longer interface with the political sphere. We no longer write critically or read published journals. You have such an important vacuum to fill, because Africa cannot just run on remote control.

Order, Sen. Hassan. Please, conclude.

Mr. Speaker, Sir, I want to welcome and remind them that they have such an important challenge ahead of them; to recast this net of Pan-Africanism and redefine it, so that it can define our African sphere. It is quite ambiguous right now and that is why most of our African states, including South Sudan, are failing.

Order, Members. I will restrict you to a maximum of one minute.

Thank you, Mr. Speaker, Sir. This is a school composed of young pretty girls and it falls under my county. I am glad to say that my second-born daughter, Salma Mbuvi Sonko, who is currently in university, is a product of this school. I encourage our young girls that education is the key to their success. You are the future ‘ sonkoresses,’ pilots and doctors of this country. Do not disappoint your parents because they sacrifice a lot to ensure that you study. Work hard so that you can make it in life. 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 join you in welcoming the girls from Riara Secondary School and the gentlemen who are also visiting. Riara Schools are known to perform well in academics. I encourage the girls to work hard because their dreams are valid. Somebody challenged dreams here, but God and send one a sign through a dream. The sky is the limit and not the bottom. Work hard and you will get there. You can be Miss World, a Senator or anything in life, so long as you have your goals and focus right. Thank you.

Mr. Speaker, Sir, the Riara Group of Schools – I congratulate you and Sen. Adan – is one of those schools that started in the 1980s in my neighbourhood. In fact, they refused to admit me at some point. However, if there is one example of why education is important when it is properly managed, then it is this school. We must congratulate the founder of Riara Group of Schools, Dr. Eddah Gachukia. This school is an example of schools in general that have gone all the way to university and you never hear of unrests; only good performance. I join my colleagues in wishing well this Group of Schools together with its founder. I hope that the national Government can borrow a leaf from Dr. Gachukia. If our schools were managed in the manner that the Riara Group of Schools is managed, we would not have students burning schools, consuming drugs or generally being a bad example of what secondary schools should be.

Mr. Speaker, Sir, thank you for giving me this opportunity to also join you in welcoming students of the Riara Group of Schools. I count them fortunate because they have visited the Senate during a heated debate between two strong Senators. I hope this will enhance their capacity. As the leaders of this country, we are happy to receive them. I congratulate Sen. Adan for taking her daughter to that school. We wish you the best. Avoid bad behaviours in school. We count on you because as children, you are our blessings. Most welcome next time.

Mr. Speaker, Sir, I wish to join my colleagues to welcome Form 2L from the Riara Springs Campus. Of course, you were interested in coming to the Senate to learn how debate is done. I have attended the functions of the debating club in Riara and according to me, sometimes their performance is even better than the Senate’s.

I am really proud of this school. They are very fluent in their English. For those who are planning to take their children to school like Sen. Hassan, Sen. Mutula Kilonzo Jnr. and Sen. M. Kajwang, this is where your child should go. I wish to welcome them and wish them a nice stay in the Senate. I hope you will learn one or two things. The sky is the limit as my colleagues have said. For your information, to be a Member of Parliament (MP), you must be a professional first and then end up in the Senate or the National Assembly. That means that you have to work hard, be a professional and then come to Parliament so that you can deliver on your mandate. 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.

Mr. Speaker, Sir, I am concluding. Girls, we are doing very well and we need to compete with men or the boys. These days, boys are the ones that are a threat. So, pull up your socks. You are in the best school and you will be the best performers if you work hard. Once again, I welcome you to the Senate and I hope you will learn from what you have seen today.

Mr. Speaker, Sir, I congratulate the students of this School. I have realised that when Sen. Adan is not here, she is at the School listening to their debates. I do not know whether they are held in a classroom or some chamber of some sort. However, I congratulate you and the Speaker for having chosen the Riara Group of Schools. I have friends who have children who are doing very well in this School. Let me encourage the students that this year is significant for women. Even in Kenya, the only Nobel Peace Laureate has been a woman. There is no man who has got that award. Secondly, with Mrs. Hillary Clinton likely to be the next President of the United States of America (USA); Ms. Theresa May could be Prime Minister of the United Kingdom; Ms. Markel in Germany and even in the Islamic countries like Bangladesh in the East and other places; women are taking care of the most important and strong economies in the world. Therefore, never aim for the sky. The sky is the wrong target. The target is right here. If you get close to the sky, you will burn. Let these men not send you to the sky. Compete here. I hope that in my lifetime, I will see a lady become the President of the Republic of Kenya. Probably, they would do better than the one that we are seeing at the moment.

Order, Sen. Orengo. Stop confusing our girls. Aiming at the sky is just a phrase. It is the physical one.

Mr. Speaker, Sir. I also join hands with you and everybody else in congratulating the team from the Riara Group of Schools and even the university. Just for correction, perhaps Sen. Orengo was talking about the sky team and not the sky. That is the team that he was encouraging them not to join.

I applaud the Director of the Riara Group of Schools, Mr. and Mrs. Gachukia and the family. If we were to raise the standards of our schools in this country to the level that they have built theirs, then as a nation, we would be very far and our students would be respected across the whole world. It is no longer a secret that many Kenyan students in many parts of Kenya, including this county, can no longer communicate in English. In fact, the written English in Kenya today is so bad that we need to think very clearly about how to introduce properly trained English teachers in our schools. 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

Finally, Sen. Kembi-Gitura.

Mr. Speaker, Sir, some of us have the privilege of knowing the founders of the Riara Group of Schools, Mr. Daniel and Dr. Eddah Gachukia. I dare say that it is also a great privilege to have the School here with us this afternoon, to see and follow what we do in the Senate. I would like to challenge students who are here from both the High School and the university that I hope that theirs is not just a visit to the Senate Chamber so that they can say that they were in the Senate. When they go back to school, I would like to challenge them to read, not as a novel or a book in literature but as a serious reading, the preamble to our Constitution. I want them to understand that as a country, we acknowledge the supremacy of God and honour those who heroically fought for this nation. We are also proud of our ethnic, cultural and religious diversity. I want the students to understand why we have put the preamble in our Constitution and why nationhood is so important. When they get back to school, I want them to read - with the help of their teachers - Article 10 of the Constitution, to understand the national values and principles of governance, which include patriotism, national unity, rule of law, democracy and participation. Mr. Speaker, Sir, I want them to consider and re-think about the national anthem. It is not just a song that people sing, but a national prayer. I would like them to work out and see where it came from. I hope that their teachers who teach literature and English will take them through the anthem and analyse every word, stanza and sentence, so as to understand it in reference to the national values, nationhood and what we stand for as a nation. I want them to understand that this is their country and we are one people. With all the diversities that we might have, we are one people as a nation. We may be in the majority or minority sides as we sit in this House, but we are one people representing one nation. Those are the challenges I want to give the young ladies from Riara Secondary School---

Conclude, Senator.

Mr. Speaker, Sir, it is not enough to tell them that they are the leaders of tomorrow; they have to work for that leadership in the context of what is provided for in our Constitution. 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 Senators. That should conclude that matter. To add to what the Deputy Speaker has given them as homework; one, they are not students of constitutional law. Two, they should carry away from the Senate our prayer. I hope that when we pray every day, we actually know the words of the prayer. If we knew those words, we would be acting a bit differently from what we do sometimes. We have a responsibility as State officers to ensure that what has been done well in the private sector is mainstreamed in the public sector.

Order Members. I have a Communication on the consideration of Bills with a constitutional deadline of 27th August, 2016. Hon Senators, as you are aware, the Senate is in the process of considering various Bills which are subject to the constitutional deadline of 27th August, 2016. These are:- (1) The Natural Resources (Classes of Transactions Subject to Ratification) Bill (National Assembly Bill No. 54 of 2015). (2) The Forests Conservation and Management Bill (National Assembly Bill No.49 of 2015). (3) The Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015). (4) The Health Bill (National Assembly Bill No.14 of 2015). (5) The Energy Bill (National Assembly Bill No.50 of 2015) (6) The Access to Information Bill (National Assembly Bill No.36 of 2015) (7) The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No.43 of 2015) (8) The Petroleum (Exploration, Development and Production) Bill (National Assembly Bill No.44 of 2015) The following two others Bills are subject to the same constitutional deadline of 27th August, 2016:- (1) The Community Land Bill (National Assembly Bill No.45 of 2015) (2) The Land Laws (Amendment) Bill (National Assembly Bill No.55 of 2015). These Bills were negatived at the Second Reading stage in the Senate and are, therefore, presently undergoing mediation. Hon Senators, as I had previously communicated, it is important that the Senate considers and disposes of these important Bills well before the said deadline of 27th August, 2016. This is to allow, in the event that not all the Senate amendments are agreed 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 am waiting for a Statement.

Order! Let us proceed with Statements. Statement (d) by the Chairperson, Committee on Roads and Transportation.

Mr. Speaker, Sir, I have the permission of the Chairman, as the Vice Chair, to proceed. The Statements are not ready and I have communicated the position to Sen. Karaba who sought for them.

Sen. Sijeny, are you referring to Statements (d) and (e)?

Yes, Mr. Speaker, Sir. Although they are not ready, we have invited the Cabinet Secretary and he has confirmed that he shall attend our meeting on the 20th of this month, which is next week, where we shall deliberate on all these issues and after that, give a position. We shall invite Sen. Karaba to attend that meeting, so that he can also interrogate the Cabinet Secretary and his team.

Most obliged, Mr. Speaker, Sir. STATUS OF MAKUTANO-NGURUBANI-KIMBIMBI-SAMSON CORNER ROAD

The next Statement “(f)” is by Sen. (Prof.) Anyang'- Nyong'o who is not here. It will be pushed to when he will request for it to be on the Order Paper. 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

Jambo la nidhamu, Bw. Spika. Tarehe 23/02/2016 niliomba taarifa kutoka kwa Mwenyekiti wa Kamati ya Ardhi na Mali Asili. Mpaka sasa bado naisubiri taarifa hiyo. Naomba usaidizi wako.

Sen. Muthama, uliuliza tarehe 23/02/2016?

Bw. Spika, niliuliza mwezi wa pili mwaka wa 2016.

Ulitarajia majibu lini?

Bw. Spika, kwanza ilikuwa baada ya muda wa wiki mbili. Lakini, muda huo uliongezwa wiki nyingine mbili. Baadaye wiki nyingine mbili ziliongezwa; ikaongezewa mwezi mmoja na hatimaye wakaongezwa wiki nyingine mbili. Licha ya hayo, ripotii hii haijawasilishwa bado.

Wapi Mwenyekiti wa Kamati ya Ardhi na Raslimali, ama naibu wake?

Hoja ya nidhamu, Bw. Spika. Namwona mwanakamati wa kamati hiyo yumo humu ndani. Nilitaka kuwaonya wanakamati hao dhidi ya kudharau vikao vya Seneti. Mwenyekiti na naibu wake walikuwa hapa na wameondoka. Statement ambayo Seneta wa Kaunti ya Machakos ameuliza ni ya maana sana. Kwa vile mwanakamati yumo, anaweza kujibu.

Mheshimiwa Sonko! Hapa tunazungumza kwa lugha ya Kiswahili. Statement ni lugha gani?

Naomba msamaha kwa hilo, Bw. Spika. Statement ni taarifa kwa lugha ya Kiswahili.

Mwanakamati, Sen. Obure!

Asante sana, Bw. Spika. Imekuwa muda mrefu tangu swala hili lifike hapa Bungeni. Nitajaribu kuuliza kamati yetu kulihusu ili tulijibu haraka iwezekanavyo.

Sen. Sonko akisimama kwa hoja ya nidhamu amekuuliza kwa nini Mwenyekiti hajaonekana. Naibu wake alikuwa hapa akatoroka.

Bw. Spika, Mwenyekiti amepatwa na shughuli za dharura huko Embu kwa hivyo imebidi asafiri kwa haraka. Naibu wake alipokuwa hapa hakutarajia kuwa swala hili litafikiwa. Hata hivyo, sisi tupo hapa tayari kukamilisha kazi ya Kamati.

Nakubaliana nawe kwamba hakutarajia maanake ilikuwa haijaandikwa kwenye orodha ya shughuli za Seneti. Hata hivyo, yafaa uwe tayari kukamilisha kazi ya Kamati. Usiseme utatoa taarifa kwa mwenyekiti. Ukiwa upo tayari, itoe hiyo taarifa sasa hivi.

Bw. Spika, ukweli ni kuwa hata mimi sikutarajia swala hili lije hapa kwa vile halikuwa kwenye orodha ya shughuli za leo. Hata hivyo, nitawajulisha wenzangu katika kamati ya kwamba swala hili lazima lijibiwe hapa. Nawahakikishia kuwa tutafanya hivyo.

Lini? 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

Bw. Spika, tutajaribu kulijibu swala hili Jumanne wiki ijayo.

Nimeamura kuwa taarifa hii itawekwa kwenye orodha ya shughuli za Bunge la Seneti wiki moja kutoka leo.

Sen. Hassan asifikiri Lugha ya Kiswahili ni Kimvita. Lugha ya Kiswahili ni lugha ya taifa. Kila Seneta anawajibika kuiongea, hata pamoja na Bw. Spika mwenyewe. Nimeona hata Sen.Orengo ikifikia kuzungumza Kiswahili, anakuwa mkufunzi.

Bw. Spika, mimi niliishi Dar es Salaam kwa muda wa miaka mitatu. Niliishi huko nikiongea Kiswahili sanifu. Niliongea kwa Kiswahili na Wabunge. Wakati ule, Dar es Salaam hakuwa na mkuu wa serikali yeyote alikuwa akiongea kwa lugha ya Kiingereza. Kwa hivyo, wale wanafikiri kwamba wanajua Kiswahiki, hawajui Kiswahili.

Order, Members! Kwanza, yafaa mjue kwamba hapa sio kikao cha kujifunza Lugha ya Kiswahili. Kila mmoja wenu alifanya mtihani wa lugha ya Kiswahili kabla ya kuruhusiwa kuwania kiti cha Seneti. Nyote mlipita ndiposa mkapewa cheti cha kuwania Useneta. Hiyo ni sheria. Order, Members! Orders Nos. 8, 9, 10, 11, 12, 13 and 14 on the Order Paper require numbers. I can overhear the Senate Chief Minority Whip asking whether we have the numbers. I thought he is the most bona fide source of that information.

On a point of order, Mr. Speaker, Sir. Did you notice Sen. Wamatangi walk through this side and back to the other side without bowing? Kindly enforce the Standing Orders of this Senate.

Order, Members! Sen. Wamatangi, did you hear what Sen. Mutula Kilonzo Jr. said?

On a point of order, Mr. Speaker Sir. With profound respect, I heard the Senator for Makueni County laughing but I was engaged with the Clerk-at-the- Table. I seek the Chair’s indulgence because the Senator must have mistaken that I did not bow. Indeed, I bowed unless he wants me to do it again.

Order, Sen. Wamatangi. This is a House of rules.

Mr. Speaker Sir, yes it is.

From your conduct, you heard Sen. Mutula Kilonzo Jnr. loud and clear. However, you acted in your motion. First, you need to confirm what he said. Secondly, you need to make amends by going back to the Bar and doing the right thing.

Mr. Speaker Sir, what I said was that I did not hear the exact words of the Senator for Makueni County. However, I am more than prepared to make it good another time. I already bowed but I can go again and bow. I am ready to do that now.

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! Sen. Wamatangi, it is neither an option nor a state of your preparedness. It is an order and a breach of the Standing Orders.

Mr. Speaker Sir, I beg to move:- THAT, that the Micro and Small Enterprises (Amendment) Bill (Senate Bill No. 12 of 2015) be read a Second Time. The Micro and Small Enterprises (Amendment) Bill (Senate Bill No. 12 of 2015) is a proposed Amendment Bill to amend the Small and Medium Enterprises (SME) Act No. 55 of 2012 which sets the foundation for the informal sector which comprises the marginalised entrepreneurs who are spread out in all counties and provide services and products to Kenyans, to be recognised under the law.

Mr. Deputy Speaker Sir, informal traders are part of Kenyans who constitute the pool of employed persons and deserve equal treatment just like other entrepreneurs who are recognised under the SME Act No. 55 of 2012 and the benefits they enjoy. Kenya’s informal sector consists of varied and dynamic small-scale activities. In comparison with the big enterprises in the formal sector that have many employees, most businesses in the informal sector are own-account enterprises and draw the participation of people from all sectors of society. The majority of firms in the informal sector are micro and small enterprises often referred to by acronym as MSEs. Practically, MSEs include hawking or street vending, agro-businesses, food vending, market traders, artisans, handcraft traders, matatu and boda boda services and livestock traders, among others. The significance of SMEs in Kenya is reflected in the 2014 Economic Survey which indicated that 80 per cent of the 800,000 jobs created in 2014 were in the informal sector that is dominated by SMEs. Mr. Deputy Speaker Sir, according to the analysis done by Kenya the Institute of Public Policy Research Analysis (KIPPRA), the proportion of informal sector 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. M. Kajwang, what is your point of order?

On a point of order, Mr. Deputy Speaker Sir. Whereas I appreciate the detailed presentation by Sen. Wamatangi, but is he in order to read the speech, contrary to the Standing Order No.84?

Mr. Deputy Speaker Sir, I am laying the broad--- 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. Wamatangi, let me reconsider the point of order.

Sen. M. Kajwang, what is your objection?

On a point of order, Mr. Deputy Speaker, Sir. The Senator for Kiambu County is referring copiously to written notes, which is against the rules of debate in this House.

Sen. Wamatangi, if you refer to Standing Orders No.84, what would you say in response to what Sen. M. Kajwang has said?

Mr. Deputy Speaker, Sir, I am quite cognizant of that Standing Order, but I am not reading a speech. I am making reference to my own notes to lay the broader outline of precisely the details that I intend to bring to this debate.

Sen. Wamatangi, kindly be alive to the objection by Sen. M. Kajwang. He has referred to the correct Standing Order where you can only refer to your notes unless you want to proceed under Standing Orders No.84(2) which is specific when you want o read a statement.

Mr. Deputy Speaker, Sir, I will proceed with that fully in mind. As Sen. M. Kajwang will realize, it is important for me to lay the broader outline by referring to specific details, quotes and statistics before opening the debate.

Sen. Wamatangi, are you proceeding under Standing Order No.84(2)?

Mr. Deputy Speaker, Sir, I am proceeding normally under Standing Order No.84(2) while referring to my notes.

You can refer to your notes, but do not make it look like you are reading a speech.

Mr. Deputy Speaker, Sir, you will appreciate that I am avoiding the gimmicks of reading and then looking away to pretend that I am not reading. I am saving time.

Sen. Wamatangi, I have referred you to the rules. Kindly proceed.

Mr. Deputy Speaker, Sir, it is obvious that the informal sector requires very low per capita to create jobs. In the day to day endeavours of the players in the Micro and Small Enterprises (MSEs) whom I have described as hawkers, small traders, livestock dealers, fishermen and many others, their requirements are minimum. Most of the governments across the world have not recognized street vending as a legal activity. They view these vendors as barriers to development of the cities. For example, Malaysia, Philippines and India have policies for regulating and protecting The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator. Before you second that very important Bill, let me do a very short communication. Hon. Senators, I wish to 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 congratulate Sen. Wamatangi. If he was baptized “Wamatangi” it is not for nothing. This is a very noble cause and he is actually teaching Kenyans, especially the younger generation; that they can leave this society a better place than they found it. These are ways of improving on the economy. I stand here very excited because I feel I have been vindicated even before my Bill, the Reproductive Healthcare Bill has passed.

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

What is your point of order? You should use your console.

Mr. Temporary Speaker Sir. I rise on a point of order on a matter of justice that another school visited us earlier, and we encouraged the youth to work hard. If you would allow me to urge them also---

Order. You cannot interrupt debate to put a point of order which is irrelevant to the debate. I am not stopping you from congratulating or giving words of encouragement to the students. You will do that if they will be still sitting there when Sen. Sijeny finishes seconding the Bill.

Mr. Temporary Speaker Sir, I feel vindicated because this is the kind of dream I had when I was coming up with a Bill, and concentrating on the adolescents. I said that both the national and county governments should come up with ways where our young teenagers are fully engaged and prepared for the future. They learn all these life skills, do the vocational training and many other ways that can help them uplift their lives, empower themselves, contribute to the wellbeing of the society and help Kenyans eradicate this overdependence on white collar jobs. Having had the privilege of studying in India for six years, these are also the kind of ideas we came back with. We have seen how India has survived. They have improved the small sectors. Even the big industries like TATA began in a small way. They have recognized what, to some extent in Kenya was called the Jua Kali industry. They have supported all those small entrepreneurs and made the young people and everybody have this entrepreneurship attitude in mind. They have seen that everybody is taken care of. We have people who are talented, have different backgrounds and stay in different environments. When we, for example, talk about the informal enterprise, including vendors, hawkers, livestock traders, fish mongers, artisans and the rest, it 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. Hassan, did you want to make a Statement before we proceed to the debate? You have one minute. I beg to second.

Mr. Deputy Speaker, Sir, on behalf of the people of Mombasa County I welcome the students to the Senate and to wish them well. We have encouraged students here before, to go out there and work extremely hard. The challenge of this nation rests in young people. The challenge of this nation rests on how they graduate from school in terms of their views towards professionalism, nationalism and all these other values that are positive for this nation. I acknowledge the fact that 70 percent of the Kenyan population is made up of people below the age of 35. We have a fairly young nation. When people talk about us having faith in the young people of this country, it is not a political plebiscite. It is the reality of the Kenya that we seek to govern. All these challenges we have are up to these students. People rest their hope in them. They are quite confident in them. They have not 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. Muthama, these are students from your county. Did you seek the Floor?

Yes, Mr. Deputy Speaker, Sir.

Well, that is why I am giving you the Floor.

Mr. Deputy Speaker, Sir, the boys seated there are from Kabaa High School which is within my county that I vastly share with Sen. Wamatangi. Kabaa High School is one of the oldest high schools in this country which has produced quite prominent citizens in this country. It has never been affected by the problems that have been affecting other schools. We have only had one incidence there and it was not so much. I congratulate the young men there and the teachers who led them here. It is good they came to the Senate to see how the Senate performs its functions. Therefore, as I keep telling them and their counterparts from other schools, the future is before them. It is based on their efforts that they will make to attain their education. It is my sincere hope that they will admire what we are doing here. In the years to come, I hope to be seated in my house watching television and seeing them debating issues in this House; issues that will help this country to be a better place to live in. I wish them all the best and they are most welcome.

Thank you, Senators Muthama and Hassan. The students are very welcome. I hope they learn something from us. We now go back to the main debate.

Mr. Deputy Speaker, Sir, I rise to support this Bill. It comes at a time when we are just about to have the United Nations Conference on Trade and Development (UNCTAD) which deals with trade. It comes at a time when the Chamber of Commerce is about to do their elections which deals with issues of small enterprises and trade. Therefore, I thank the Senator for Kiambu for coming up with this amendment, which is critical because, first; this is a key sector that has employed thousands of Kenyans and secondly, it is a sector that has contributed so much to our Gross Domestic Product (GDP) but has never been given an opportunity to be vibrant. It has never been given an opportunity to participate even in the different sectors that we have like the Kenya Private Sector Association (KEPSA) and the rest. The amendment is very clear immediately after paragraph C (iii) – “…the informal sector including vendors, hawkers, market traders and other small business people and where the enterprise does not operate from a designated location”. These are the real key Kenyans. The fishmongers at Kenyatta Market should now be included because they contribute to our GDP and revenue collection at a very high level. This 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

Mr. Deputy Speaker, Sir, thank you once again for the opportunity to contribute to this Bill. I also take this opportunity to congratulate my neighbour brother, Sen. Wamatangi. The steps he has taken to bring this amendment shows how he is so much in touch with the business sector. He went ahead to even explain some of the issues that he faced. As a businessman, I stand here to support this Bill whole heartedly because I know what it means. Mr. Deputy Speaker, Sir, we fought for our Independence and got it. The focus of Kenya was diverted to white collar jobs and the politics of the day. From that time, Kenyans spent so much time trying to see how someone can become a general manager, a pilot, a politician or generate money with no source, whatsoever, to show where that money is coming from. That has tilted the minds of Kenyans. Today, we are referred to as able people with the ability that it takes to do our things with good knowledge. Mr. Deputy Speaker, Sir, Kenyans are respected everywhere in the world. There is one black spot that is painted on us. That is; we are ready to steal at any given time. There are great sons and daughters of this country who have managed to change the face of this country. I had a special friend of mine, the late Njenga Karume, who was a great leader in this country. His leadership emanated from the fact that he organised himself as an individual. He did not have degrees. However, he had the wisdom that had been given to him by the Creator and he used it properly. My brother has brought a Bill on micro finance and small scale enterprises. Mr. Karume started his businesses by selling a bag of charcoal. We know the number of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Sen. Muthama! Your time is up.

Mr. Temporary Speaker, Sir, I am very touched. I beg to support.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. From the outset, I would like to support The Micro and Small Enterprises (Amendment) Bill, (Senate Bill No.12 of 2015). I would like to thank Sen. Wamatangi for coming up with this amendment because it captures a critical part of our society 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 rise to support this Bill which seeks to amend an Act of Parliament regarding micro enterprises. This is The Micro and Small Enterprises (Amendment) Bill (Senate Bill No.12 of 2015). Before I make my contribution to this Bill, I congratulate my colleague, the Senator for Kiambu County-the bedroom of Nairobi City-Sen. Wamatangi. May I draw the attention of the Senate to the Fourth Schedule of the Constitution regarding the division of functions; that is the second part on sub-section seven of the County Governments Act. One of the functions of the county governments is on trade development and regulations, including markets, trade licenses, excluding regulation of professions, fair trading practices, local tourism and cooperative societies. Mr. Temporary Speaker, Sir, Sen. Hargura spoke before me and talked about

operators grouping themselves into SACCOs that will make it easier for them to do their business and access capital. The same is true with table banking which is currently done by many women groups in the counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Sen. Hassan! Kindly consult in a low tone.

Mr. Temporary Speaker, Sir, over a short period they had collected that much and they were wondering what to do with the money because they found that they could no longer absorb the money within one ward. I advised them to grow from table banking to a SACCO. Since I knew little on how to do this, I had to hire a consultant to help them to do it. They have now formed the SACCO which is growing fast.

Order Senators. When I asked you to keep order, I did not mean that you walk out.

Mr. Temporary Speaker, Sir, Sen. Hassan should give us peace. The month of Ramadhan is over and it does not mean that he becomes a little bit less religious. The next step from being a SACCO is to become a bank. Most of these banks we see in the world today started from such humble beginnings. The bank De Credit De Commerce Agricolein France started by small enterprises in agriculture and putting their money together and forming a source of capital for financing agriculture. That is what became the bank Credit Agricole. The same can happen with the boda bodas and table banking. The only way that they can do so, is for county governments to take seriously sub section (7) of county governments’ functions as listed in the Fourth Schedule of the Constitution. At the moment, I do not think that county governments are taking the Fourth Schedule seriously. I do not think that all county governments have sat down and decided on what to do on this particular function. Mr. Temporary Speaker, Sir, under trade development regulations, including markets, trade licenses, regulation of professions and fair trading practices and co- operative societies, a lot can be done using Sen. Wamatangi’s amendment to the Micro and Small Enterprises (Amendment) Bill (Senate Bill No.12 of 2015). The Bill seeks to amend that section to include the informal sector where the enterprise does not operate from a designated location, including vendors, hawkers, market traders, livestock traders, fishmongers, artisans, handicraft traders, harvesters, cyclists and public transport people. That means that if we will regulate these sectors, county governments must choose to implement this particular section of the division of functions. County governments must come up with trade regulations. One of the things that happen in most counties, including mine, is that the traders who harvest sand or soil to 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, from the outset, I commend the efforts of my good friend, Sen. Wamatangi of Kiambu County for coming up with this initiative. For many years, this country has had good laws and Acts of Parliament. However, the biggest problem is to actualize some of them. That is why it has taken a lot The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker Sir, I also join my colleagues in supporting this Amendment Bill and congratulating Sen. Wamatangi who has told us how he provided tanks at a time when he did not have the benefit of wealth. God smiled upon him, and out of his tank donation activities, he is now a man of means and highly regarded in society. He has good experience and good grasp of the informal sector that has led him to come up with this Amendment. As I support this Amendment. If you look at the Memorandum of Objects, it is fairly straightforward; to broaden the definition of the term macro enterprise to include the informal sector. It goes ahead to provide other examples like hawkers, vendors, livestock traders, fishmongers and others. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for giving me this chance. I rise to support this amendment. Before I do so, allow me to congratulate my colleague and dear friend, Sen. Wamatangi, for what I consider a very well thought out amendment. During my very first days in the Senate just a few months ago, I read the Order Paper and kept on seeing the Micro and Small Enterprise (Amendment) Bill. It kept on ringing in my mind that it something worth of interest. For one reason or the other, I never considered going through the records just to find out what it is all about. This afternoon when I realised that it was slotted for the Second Reading, I went to research on it further. What I found out has extremely pleased me. I am rising to support the amendments that are contained herein for two main reasons. One is a national reason as a legislator and the work that has gone in. Secondly, for a selfish reason, I will start with the selfish one because it is the least important and then I will move on to the more important one. Mr. Temporary Speaker, Sir, this is the industry that I came from before I joined this House – the small and micro industry traders. So, when you talk about these people, I understand the tricks of this game and challenges that they go through. You do not have to teach me. I do not have to read any policy research document to understand the challenges that Sen. Wamatangi is describing and what these people face each day. These are things that I have seen every day and lived through. Having been given the gracious chance by the people of Kericho County to represent them in this House, I think there would not be a greater honour than to contribute to something that I understand so well. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Since there are no more requests to contribute, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I thank my colleagues for supporting this Amendment Bill. It has come out clearly that the amendment to the Act will have far reaching ramifications as to how we view this important sector that is, indeed, the foundation upon which our economy vibrates. As my colleagues said, it has been an act of absolute ignorance of our country to blindly ignore an important part of our economy, population and the nation. Mr. Temporary Speaker, Sir, livestock traders trek for five or six days to find their way to the market. They are sometimes befallen by calamities before they get to the markets. Sometimes, they lose their livestock. What recourse do they have? To whom do they go to complain their investment is lost? To whom do the boda boda riders of this country ever go to when they are involved in accident or have lost their tools of trade? What happens to hawkers when their wares are impounded and confiscated by authorities? Such people form the bulk of our population. Where are our morals when we sit in county assemblies to pass laws requiring that those traders pay for access to sell their wares in markets or streets? What have we done in return to warrant us to ask those people to contribute to our economy? How would a country of an economy of our size ignore that millions of people do not have to go to the Government to show them what to do. They take it upon themselves to decide what to do irrespective of the risks. How blind have we been? Right now, we should be changing the economy of this country. The requirement that we have to keep injecting cash into the economy without realizing that all we need to go is to empower those that are down and then raise them to a high level. With a vibrant middle class, this country would move forward to become a great economy where we can pride ourselves to have grown our economy. Mr. Temporary Speaker, Sir, I thank all my colleagues for the support that they have given this Bill. I hope that after we have passed this legislation, the young men and women of this country can proudly and confidently find their way into market places, streets and other areas of trade and enterprise where they can feel that they belong. They will have a place where they can go to. Even though the big wigs go to trade on the revolving chairs in the tenth floor of shielded buildings, even the small trades who have just the sky as their roof can also feel that they are Kenyans and have a place to trade because they are recognized. I believe that this spirit is echoed. Mr. Temporary Speaker, Sir, I thank my colleagues for supporting this Bill. The hawkers, fishmongers, artisans, boda boda riders, matatu drivers, vegetable vendors, skin and hides dealers and everybody else who has been previously ignored because the size The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. Mositet)

Hon. Senators, it is now 6.30 p.m. It is time for interruption of the business of the Senate. The Senate now stands adjourned until tomorrow, Wednesday, 13th July 2016 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate