Hon Members, you will recall that yesterday, Wednesday 13th July, 2016, the Deputy Speaker who is also the distinguished Senator for Murang’a County, Sen. Kembi-Gitura, rose on a point of order and raised concerns on the existing security system within Parliament Buildings. The matter was also spoken to by several other Senators, including the Senate Minority Leader, Sen. Kagwe, Sen. (Eng.) Muriuki, Sen. (Dr.) Machage, Sen. Ong’era, Sen. Hassan, Sen. Okong’o, Sen. (Prof.) Anyang’-Nyong’o and Sen. Haji. You will also recall that I undertook to issue a communication on the matter given that the concerns raised have far reaching consequences if not addressed promptly. Hon. Senators, Parliament is a vital installation with high profile occupants and visitors, including a large number of members of the public, college students and school pupils, apart from suppliers and contractors who visit the precincts for various reasons on daily basis. We routinely also get international visitors, especially hon. Members from other parliaments. To safeguard Members, staff, visitors and property of Parliament, Parliament security which is provided by Serjeant-at-Arms and agencies responsible for protection of Parliament, including the Kenya Police, have been directed to implement the following security controls at all access points into and within the precincts of Parliament:- 1. Only vehicles bearing valid security car stickers issued by Parliament security will be allowed access into the precincts of Parliament.Vehicles without valid car stickers shall be denied entry. 2. All vehicles will, at all times, be subjected to security search before entry into Parliament and drivers are required to fill the vehicle register at the entrance before entry. 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 wish to thank you for the Communication that you have just made. I only need one assurance that the same measures being employed with 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 the detailed response that you have given and the directions on what Members of this House and any other visitor should follow as they come in. I also stand to report what we have heard happened in Kapenguria this morning. We are told a suspected terrorist walked into the police station, caused mayhem and killed police officers. They walked in the through the gate, went and killed people for there was nobody manning it. It is prudent that every Government office should be manned appropriately every other time. For example, every police station, administrative police post, the Chief’s office and any other place where human beings are should be manned all the time and the people walking in should be searched. We should elevate whatever measures we have come up with as the Senate and Parliament in general to the county assemblies and anywhere else where people are walking; they should be thoroughly searched. These measures should be taken. As the Senator for the affected County, West Pokot, I condemn the act that took place this morning where six police officers were murdered by that terrorist. It is good to report that our officers have taken control and removed the culprits by whatever means. Everything is now calm in that station.

Sen. Kembi-Gitura!

Mr. Speaker, Sir, right from the outset, let me thank you most sincerely for that very important communication that you have made and the promptness with which you have made it. That tells me that the issue of security was taken very seriously after I raised it in the House yesterday afternoon. Mr. Speaker, Sir, I agree with you 100 per cent and I thank you. If we take that direction that you have given seriously, going forward, it will enhance the security of the Senate, the National Assembly and the whole of Parliament. I believe that the Serjeant- At-Arms will take it very seriously because you are the one who has given the ruling. It is going to be of great importance to us because you have mentioned all the buildings in which we are housed. I believe that there will not be any laxity. Like I said yesterday, and I think the Senate Minority Leader also alluded to it, some of the committee meetings are becoming extremely heated and anything could happen. We would all live to regret what would happen in the heat of the moment particularly in the County Public Accounts and Investments Committee of the Senate where governors and other people are interrogated. Therefore, I thank you sincerely. I join hands with my colleague, Sen. (Prof.) Lonyangapuo, in mourning the unnecessary and wasteful deaths of six police officers at a police station in Kapenguria this morning. We do not know the full facts as of now. However, we know that six police officers lost their lives because of laxity in terms of security in that specific police station. 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. Wetangula!

Sen. Wetangula): Mr. Speaker, Sir, I listened to you very carefully - as I was driving here deliver- your ruling on the issue of security. I join the Deputy Speaker who raised the issue in lauding you and congratulating the management for at least stating in very clear terms as to what measures are being taken to secure the premises of Parliament and the occupants and even the visitors. It should not be lost to us that in the very recent past, about 10 years ago, the entire Parliament of the Republic of Iran was wiped out by a terrorist attack. Everybody except about 10 Members who walked out of the premise of Parliament were wiped out. You may also recall that in Lebanon, a similar incident occurred and three-quarters of the leadership of the country was wiped out by a terrorist attack on Parliament. Therefore, it can happen and it has happened elsewhere. We need to be very careful and submit ourselves to searches of ourselves, our bodies and vehicles. We should not look at our security operations as an inconvenience. That inconvenience may be life-saving in this Parliament. I also join the distinguished Senator and my neighbour from West Pokot in sending condolences to the families and friends of the police officers who were gunned down this morning. Reports coming in indicate that the casualties are seven. I also heard from the news that the terrorist who attacked and killed the police was, in fact, in custody in the same police station. He overpowered a police officer, took away his gun and used it to do what he did. This puts to question the manner in which our police officers are being trained. An officer who bears a weapon will under no circumstances, if properly trained, be disarmed by an unarmed person and then that weapon be used against him and many others. The committees for National Security and Foreign Relations in both Houses should start interrogating the manner, intensity and skills that our police officers are trained. Mr. Speaker, Sir, I do not believe going to Kiganjo for a crash programme of six months will give you all the necessary know how on how to face the situations such as the one in Kapenguria. To be taught how to hold a gun and fire - anybody can do it, even fools. However, how to live with that gun, secure yourself and others is what we must train. I urge that as Kenyans, we must take our security seriously. The Government, more than anybody else, must take the security of our country seriously. There are so many lapses and laxities. We may just wake up to something more serious than what happened in my neighbouring county of West Pokot. We collectively say pole to my brother Sen. (Prof.) Lonyangapuo and his people.

Sen. (Prof.) Lesan!

Mr. Speaker, Sir, I thank you for the ruling that you have made. However, I want to point out that the other area we have a threat is the area of food and beverages that we use within Parliament. I have an office at the Kenyatta International Convention Center (KICC) and we hold a lot of meetings there. The food and beverages that are brought in are brought in across the streets. We do not know where they come from. We cannot have absolute security. However, if food is carried 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, professor! Why are you giving opportunities to people? Some of those things you do not need to ventilate them in the plenary. You can make suggestions privately.

Mr. Speaker, Sir, Sen. Wetangula brought out an issue I mentioned some time back. It will be abdication of duty as the Vice Chairperson of the Standing Committee on Information and Technology if we do not mention this; Close Circuit TV (CCTV) cameras around Parliament buildings are mandatory. I was at the top floor today in a meeting and noticed some archaic cameras that appear not to be working. Therefore, to remove human error, even at the gate, your leadership is required, through the Parliamentary Service Commission to have CCTV.

Sen. Karaba!

Mr. Speaker, Sir, as we talk about security in Parliament, sometimes one wonders whether these people are serious. All they ask us is to open the boot and the door for checking and that is all. They have no gadgets to really check whether there are gadgets that could be detonated such as hand grenades. They do not have that kind of expertise. One would not tell whether there is a grenade in somebody’s vehicle which is either in front or behind them. It might explode in a place like this. Secondly, I send my condolences to Kapenguria. That is very sad. If possible, some of the people who are arrested and put in custody should be classified, notorious, most notorious, et cetera . That way, the most notorious fellows can be put in the most segregated cells where they do not interfere with the ones who are simple criminals. That is what should happen. A person like the one who shot the police officers should have been in the most notorious cell so that he is guarded on a 36-hour basis rather than 24 hours.

Sen. (Dr.) Machage!

Mheshimiwa Spika, nikizitoa rambirambi zangu kwa maafisa wetu wa askari waliouawa huko Kapenguria, nina maswali kadhaa kichwani. Tunajifunza nini hapa Kenya kila tupatapo mkasa kama huu? Imekuwa desturi kwamba mkasa wa majambazi kama hawa ukitokea, kazi yetu ni kulia na kusaga meno. Tunapotoa rambirambi zetu na kuwazika walioaga, mambo yanaishia hapo. Kwa hivyo, ni wajibu wa Serikali kwamba kila kutokeapo jambo kama hili, kuwe na funzo fulani ambalo litakumbukwa na kutoa tahadhari mkasa kama huo usitokee tena. Kama kituo cha polisi kinaweza kuvamiwa hivyo, mwananchi wa kawaida ana usalama? Hali ya usalama iko vipi? Hili ni jambo la kutia maanani; si jambo ndogo. Serikali iwe macho na ijipige konde kuchunguza panapo udhaifu katika uongozi na minajili ya mipango ya usalama nchini.

Sen. Kagwe!

Mr. Speaker, Sir, I join my colleagues in sending my condolences and those of the people of Nyeri County to the people of West Pokot County on the deaths that occurred there. While I appreciate what you have said, when one is attacked like West Pokot was, the Government must retaliate and hit back in such a vicious manner that people will realise that attacking police stations is not a good idea. 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, indeed. As far as our policemen are concerned, I think we have been accused by even some friends from the Israeli Government of taking our security too lightly. I think Sen. Wetangula is correct. He is right in proposing that we have to be constant and have demonstrated capacity training for our security apparatus, not just the policemen but the entire security apparatus in this country.

Before we move to the next Order, let me assure you that we had a meeting to review and audit our security arrangement yesterday afternoon. So, all I could give you is the feedback for the public. I do not think the other details are worth mentioning in public. So, be assured that all those contributions that you have made have been factored. It could be much better than before. VISITING DELEGATIONS OF TEACHERS AND STUDENTS FROM MAKONGENI PRIMARY SCHOOL AND DAWAMU SECONDARY SCHOOL Hon. Members, I wish to recognise the presence of visiting students and teachers from Makongeni Secondary School, Nairobi City County, and Dawamu Secondary School from Kajiado County. They are seated at the Public Gallery. 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, we are always very happy in the Senate to receive the kind of visitors that we have today, both from our schools but, more so, from the Meru County Assembly. I join you in welcoming the very strong delegation from my county, Meru County. I am personally known to all the visitors in your Gallery today. I think this is a very important exercise where our Members of County Assemblies (MCAs) come to learn from the Senate how they should conduct their business within county assemblies. This is one of the very many delegations which have visited the Senate. Those who have been here before have gone back to say that they learnt a lot in their visits to the Senate. I would like to send our visitors back to the county with greetings to the people of Meru but, more so, to play a greater oversight role because both the Senate and the assemblies are supposed to oversight governors. Our greatest disappointment with some of the MCAs is that they are not playing their role. Some of them have become more “executive” than the executive itself and taken their role as that of defending governors or following them around wherever they go. I think they should learn from the Senate that our principal role in this House is 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

Sen. Murungi, conclude.

Mr. Speaker, Sir, I hope that they take their time to learn and tell their colleagues back at home that, indeed, they learnt from the Senate that the primary role of the MCA is that of oversight.

Next Order. Let us move to Order No.8, 9, 10, 11, 12, 13 and 14 on the Supplementary Order Paper. They involve voting and we have the numbers.

(Sen. (Dr.) Machage): Order, Members. We have a lot of business to transact. We are in the Committee of the Whole to consider Division on The Energy Bill (National Assembly Bill No.50 of 2015). Hon. Members, I plead with you not to walk out, so that we can have quorum. We are short of one Member now. Ring the Division Bell for one minute.

Draw the Bar and close the doors.

I now put the Question, that Clauses 53, 57, 249 and Clause 2 be amended as proposed. You have 30 seconds to vote. The assisted voters should come forward. 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): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Boy Juma Boy, Kwale County; Sen. Bule, Tana River County; Sen. Hargura, Marsabit County; Sen. Kagwe, Nyeri County; Sen. (Dr.) Khalwale, Kakamega County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi County; Sen. Kisasa, Kilifi County; Sen. Kivuti, Embu County; Sen. (Prof.) Lesan, Bomet County; Sen. Lesuuda, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. M. Kajwang, Homa Bay County; Sen. (Dr.) Machage, Migori County; Sen. Melly, Uasin Gishu County; Sen. Mohamud, Wajir County; Sen. (Eng.) Muriuki, Nyandarua County; Sen. Murungi, Meru County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita Taveta County; Sen. Nabwala, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Sang, Nandi County and Sen. Wetangula, Bungoma County.

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage

(Sen. (Dr.) Machage): Hon. Senators, I wish to announce the results as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the first Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the first Division are as follows:-

(Sen. (Dr.) Machage): Let us move to the Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) Since there are no amendments, we have only one Division. THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO. 43 OF 2015)

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, since all these Bills are under the jurisdiction of the Senate Majority Leader, he will be the mover for all of them for the report. I call upon the mover. ENERGY BILL (NATIONAL ASSEMBLY BILL NO. 50 OF 2015)

(Sen. (Prof.) Kindiki): Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Protection and Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) and its approval thereof with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015) and its approval thereof with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of The Access to Information Bill (National Assembly Bill No.36 of 2015) and its approval, thereof, with 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

(Sen. (Prof.) Kindiki): Mr. Temporary Chairman, Sir, I beg to move that the Committee do report to the Senate its consideration of The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No.43 of 2015) and its approval, thereof, without amendments.

Order, Senators, I think we have made tremendous gains. Let us ensure that we keep the numbers until we finalise. Hon. Senators, we will now proceed to reporting.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Energy Bill (National Assembly Bill No.50 of 2015) and its approval, thereof, with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

seconded.

Order, Senators!

Let me allow Sen. Wamatangi and Sen. Chiaba to sit. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Energy Bill (National Assembly Bill No.50 of 2015) be now read a Third Time.

(Sen. Wetangula) seconded.

Hon. Senators, I will defer the putting of the question so that we have all Divisions at the end. Let us proceed to the next Bill. THE PETROLEUM (EXPLORATION, DEVELOPMENT AND PRODUCTION) BILL (NATIONAL ASSEMBLY NO.44 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Petroleum (Exploration, Development and Production) Bill (National Assembly Bill No.44 of 2015) and its approval, thereof, with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

(Sen. Wetangula) seconded.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Petroleum (Exploration, Development and Production) Bill (National Assembly Bill No.44 of 2015) be now read a Third Time.

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

We will defer the putting of the question. THE PROTECTION OF TRADITIONAL KNOWLEDGE AND CULTURAL EXPRESSIONS BILL (NATIONAL ASSEMBLY BILL NO.48 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) and its approval, thereof, with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

(Sen. Wetangula) seconded.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that that The Protection of Traditional Knowledge and Cultural Expressions Bill (National Assembly Bill No.48 of 2015) be now read the Third Time

(Sen. Wetangula) seconded.

We will also defer the putting of the question. Next Order. THE HEALTH BILL (NATIONAL ASSEMBLY BILL NO. 14 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Health Bill (National Assembly Bill No. 14 of 2015) and its approval thereof with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I second.

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

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Health Bill (National Assembly Bill No. 14 of 2015) be now read a Third Time. I request the Minority Leaderto second.

Mr. Temporary Speaker, Sir, I second.

We defer the putting of the question to the end. Next Bill! THE FOREST CONSERVATION AND MANAGEMENT BILL (NATIONAL ASSEMBLY BILL NO.49 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Forest Conservation andManagement Bill (National Assembly Bill No. 49 of 2015) and its approval thereof with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

Order, Members! The consultations are a bit too loud.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Forest Conservation Management Bill (National Assembly Bill No. 49 of 2015) be now read a Third Time. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

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

We defer the putting of the question to the end. Next Bill! THE ACCESS TO INFORMATION BILL(NATIONAL ASSEMBLY BILL NO.36 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Access to Information Bill (National Assembly Bill No. 36 of 2015) and its approval thereof with amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Access to Information Bill (National Assembly Bill No.36 of 2015) be now read a Third Time. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

We defer the putting of the question to the end. Next Bill! THE SEEDS AND PLANT VARIETIES (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.43 OF 2015)

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) and its approval thereof without amendments.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No. 43 of 2015) be now read a Third Time. I request the Minority Leader to second.

Mr. Temporary Speaker, Sir, I beg to second.

Sen. Cheruiyot, you know the rules by now. Go back to where you were and freeze. You can now freeze there.

Again, we will defer the putting of the Question so that we do for all the Bills. Hon. Senators, we will proceed to division and we will ring the bell for 15 seconds.

Who is voting for Nairobi County? Is it you, Sen. Gwendo?

No, Mr. Temporary Speaker, Sir.

Okay I understand it is Sen. Elachi. Close the doors and draw the Bar.

Hon. Senators, I have the results of the outcome of the Division.

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

Hon. Senators, I wish to announce the results as follows:-

You can now draw the Bar and open the doors. Hon. Senators, we are done with voting. We will now go back to Order No.5. 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 beg to lay the following Paper on the Table of the Senate today, Thursday 14th July, 2016:- Report of the Standing Committee on Agriculture, Livestock and Fisheries on The Seeds and Plant Varieties (Amendment) Bill (National Assembly Bill No.43 of 2015).

Mr. Temporary Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, 14th July, 2016:- Report on The Access to Information Bill (National Assembly Bill No.36 of 2015).

Next Order.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion:- THAT, concerned about the numerous reports of the arbitrary arrests of innocent people by the police; FURTHER concerned that a large number of those arrested are allegedly locked up in police cells without being recorded either in the Occurrence Book or elsewhere; DEEPLY concerned that some of the arrested people disappear without a trace and that many who are subsequently traced are found dead, away from where they were locked up; ALARMED by the recent incident where three young men were locked up for hours at Syokimau Police Post, without any record indicating that they had been at the police post, only for them to be found days later in another area far away from the police post having been brutally killed; 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, this is a Statement for the business of next week. As usual, the Senate Business Committee (SBC) will meet at 12.30 p.m. That meeting will decide on the order of business that will be transacted on that day, including any business that is on today’s Order Paper that may not be concluded. On Wednesday, the Senate will continue with the business that will be scheduled by the SBC, including consideration of the following Bills which will be scheduled for the Committee of the Whole:- (1) The Alcoholic Drinks Control (Amendment) Bill (Senate Bill No.5 of 2014). (2) The Reproductive Health Care Bill (Senate Bill No.17 of 2014). (3) The County Governments (Amendment) Bill (No.4) (Senate Bill No.18 of 2014). (4) The Petition to County Assemblies Procedure Bill (Senate Bill No.35 of 2015). (5) The Employment (Amendment) Bill (Senate Bill No.1 of 2015). (6) The Persons with Disabilities (Amendment) Bill (National Assembly Bill No.43 of 2013). (7) The Preservation of Human Dignity and Enforcement of Economic and Social Rise Bill (Senate Bill No. 8 of 2015). (8) The County Library Services Bill (Senate Bill No.6 of 2015). (9) The National Cereals and Produce Board (Amendment) Bill (Senate No.15 of 2015). The Senate will consider any other business that will be scheduled by the SBC. On Thursday, the Senate will consider Bills at Second Reading, deliberate on Motions and any other business that will be scheduled by the SBC. Mr. Temporary Speaker, Sir I thankSenators for a good job this week. This has been one of the most productive legislative weeks since this Senate started in 2013. I know that at a time like this, the pressure on us to conclude committee and county work is a lot. What we have done today has been possible because of the sacrifice and commitment of individual Senators. I thank them wholeheartedly and as the Senate Majority Leader and on behalf of the Senate Minority Leader, we truly appreciate the energy and the focus that each of us is putting into this 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

Orders Senators. The Senate Majority Leader and the Senate Minority Leader, you cannot have a conversation across the Floor.

Mr. Temporary Speaker, Sir, the Senate Minority Leader was asking about the Physical Planning Bill. For record purposes-so that we plan for it-I have several amendments. We just want to know when it will come for Third Reading.

I hope that the Senate Majority Leader has noted the concern.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, it is true that the Senate Minority Leader has raised the issue of the Physical Planning Bill together with Sen. Mutula Kilonzo Jnr. The Bill has been in the legislative freezer for a while but the process of bringing it back has begun. As far as I am concerned, I wrote a letter and by Tuesday next week, I am sure the Senate Rules and Business Committee will schedule it for conclusion and passage.

Do we have any other Statement being sought before we commence on the Statements to be issued? There being no Statement to be sought, we now turn to the Statements to be issued. FINANCING OF THE JARAMOGI OGINGA ODINGA HOSPITAL

Mr. Temporary Speaker, Sir, the response to the Statement sought by Sen. (Prof.) Anyang’-Nyong’o is ready. The Statement is in two 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. Mutula Kilonzo Jnr., do we have a copy of the response?

.: Mr. Temporary Speaker, Sir, the Clerks-at-Table have copies.

The Speaker has no copy of that reply. The Clerks-at-Table will organize for me to get a copy. Please, proceed.

.: The amount allocated to the Level 5 Hospital in the 2015/2016 Financial Year was Kshs338,616,571 and as at the close of the financial year, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I thank Sen. Mutula Kilonzo Jnr. on behalf of the Chairperson of the Committee on Finance, Commerce, Budget and Tourism Committee of the Senate. I would like to begin with a letter from the Principal Secretary, the National Treasury, Dr. Kamau Thugge, which was a preface to the letter by Mr. Henry Rotich, Cabinet Secretary, the National Treasury. These two letters are very serious. Mr. Thugge’s letter clearly says that the purpose of this letter is to refer to the attached statement on the financing of Jaramogi Oginga Odinga Teaching and Referral Hospital. It says that by a copy of this letter, we are requesting the Governor of Kisumu County to prepare a statement responding to the two issues raised by the hon. Senator. This letter was copied to the Governor and was dated 20th June. That means that the Governor should have responded to the Cabinet Secretary and, at the same time, responded to the Clerk of the Senate providing the same substance to the Clerk of the Senate as well as the National Treasury.

Secondly, if you look at the letter from the Cabinet Secretary, Mr. Henry Rotich, he says very clearly that the National Treasury has transferred funds due to the County Revenue Fund of Kisumu County Government in accordance with the County Allocation Revenue Act 2013/2014. They have gone ahead to give us the disbursement of the allocations, item by item. In this disbursement, Jaramogi Oginga Odinga Teaching and Referral Hospital, an amount of Kshs338,616,571 was due to the hospital in the 2013/2014 Financial Year. The Government disbursed Kshs294,437,920. There was a balance of Kshs54,178,65. Madam Temporary Speaker, those figures appear nowhere in the response of the county government stating exactly what they received from the national Government with regard to Jaramogi Oginga Odinga Teaching and Referral Hospital. Instead, if you look at their response, they state that the county government remitted a total of Kshs129,556,429 to the facility in 2013/2014 compared to the located Kshs395,480,000, leaving a balance of Kshs266,080,051. The amount allocated to the hospital according to the National Treasury was Kshs38,616,571; a figure that differs. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Madam Temporary Speaker. I would like to guide Sen. (Prof.) Anyang'-Nyong'o. The figures you are reading on the statement of the National Treasury are for 2015. The second schedule, July, 2015 to 2016 is shown as No.338. So, we do not have the table for 2013/2014 Financial Year.

Madam Temporary Speaker, we do not have the table for 2013/2014 Financial Year. We need the table for 2013/2014 Financial Year from the National Treasury to compare it with the figures that are given by the Governor for Kisumu County. The issue is the National Treasury has transferred funds due to the County Revenue Fund of Kisumu County Government in accordance with the County Allocation of Revenue Act for 2013/2014 Financial Year. For this question to be fully ventilated, we need to compare the figures from the National Treasury and the county government to see whether they converge and are one and the same thing. The county government avers that it could not remit the said Kshs266 million because the same was part of the amount withheld by the National Treasury during that year as part of the salaries paid to devolved staff before the payrolls were devolved to the counties. We need to know whether that amount of money was withheld by the National Treasury or whether the county government is giving a different story to the matter. Mr. Temporary Speaker, Sir, secondly, when the county government says that as a matter of fact the National Treasury over-recovered their salaries paid by Kshs279 million---

Wait a minute, Senator. There is a request from Sen. (Prof.) Lonyangapuo.

On a point of order, Madam Temporary Speaker. Sen. (Prof.) Anyang'-Nyong'o has consistently not realised that you are Madam Temporary Speaker. Is he in order to continue referring to you as Mr. Temporary Speaker, Sir?

Sen. (Prof.) Anyang'-Nyong'o, you are completely out of order in case you have been referring to me as Mr. Temporary Speaker, Sir. Just correct that and proceed.

Madam Temporary Speaker, I am much obliged. The Committee Executive Member (CEC) in charge of finance from Kisumu County Government then says that as a matter of fact, the National Treasury over- recovered the salaries paid by Kshs279 million thus affecting funds for both equitable share and level 5 hospitals. We need to see correspondence to this effect. If this was true, the National Treasury should have said so in their letter; that, one of the reasons the county government has not submitted that money to Jaramogi Oginga Odinga Teaching and Referral Hospital is because they withheld it. The National Treasury should then tell us when they will release this money. This story has been there ever since the County Government of Kisumu held this money and not released it to Jaramogi Oginga Odinga Teaching and Referral Hospital. If the money was held by the National Treasury, there has been enough time for the county government to make presentations to the National Treasury to release this money. I do not think the National Treasury can be that mean to withhold this money when it is very The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, I wish to add my voice to this statement. First, I thank the Senator for being industrious enough to bring a statement from the Cabinet Secretary and the county government. My interest in this matter is that the Jaramogi Oginga Odinga Teaching and Referral Level 5 Hospital serves quite a huge catchment of which Homa Bay County that I represent is part of. I get quite dismayed by the level of service and facilities in this institution which has always been blamed on inadequate funding. Madam Temporary Speaker, I do not have the benefit of the figures that Sen. Mutula Kilonzo Jnr. read out because I have not seen the hard copy of the response. However, I have seen the Allocation of Revenue Act of 2014. I have seen the amounts 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

Madam Temporary Speaker, the points raised are valid. Three issues have arisen on which we will get clarification. I said at the beginning that it does not appear as if the County Government of Kisumu received the letter from the National Treasury. We will be seeking your direction so that the clerk to whom the letter was addressed can follow up with the response from the county government in respect of two issues: one, the Kshs235 million allegedly withheld by the referral hospital. The Senate can directly request for that information. Secondly, the schedules with respect to 2013-2014 and 2014-2015 and thirdly, a very important issue was raised by Sen. M. Kajwang that the County Government of Kisumu has not disclosed the amounts they have budgeted for this referral hospital from 2013 to2016, so that the queries as to how much money has been spent is clear here. I undertake that this will be done in seven days.

On a point of order, Madam Temporary Speaker. I add to the demands by the Chairperson, Committee on Finance, Budget and Commerce that in responding to the CS’s letter, the County Government of Kisumu states very clearly how much the Jaramogi Oginga Odinga Teaching and Referral hospital has been remitting to the county revenue account in terms of cost sharing revenue. This is because the regulation in that county is that the cost sharing revenue is put in the county revenue account and then sent back to the hospital. The hospital gets cost sharing and promptly banks it in the county revenue account. The County Government of Kisumu should, therefore, know the amount of money raised from cost sharing that should supplement the county government budget to Jaramogi Oginga Odinga Teaching and Referral hospital. If you add that to the conditional grant, there is no reason the hospital should be so starved of funds. We need to get those figures both the cost sharing, revenue from the county government and the conditional grant so that we have those figures year in, year out. We should also compare that finally to what data the Jaramogi Oginga Odinga Teaching and Referral Hospital has also in terms of getting cost sharing revenue. 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. Mutula Kilonzo Jnr, is that an intervention?

Madam Temporary Speaker, there was something that was left out. Sen. M. Kajwang raised an important point as to who is responsible for conditional grants. On the collaboration between national and county government on functions of health, I am particularly aware of the function of maternal healthcare. Certain minimal conditions are set by national Government to ensure that they remit the funds. However, from the schedule we have, it appears as if 2014/2015 and 2016 all the funds and conditional allocations have been released to the said County Government of Kisumu. On the question raised by Sen. (Prof.) Anyang-Nyong’o, on cost sharing, we will also request the County Government of Kisumu to add that information in term of cost sharing. This is because what Sen. (Prof.) Anyang-Nyong’o raises is correct in terms of law, facts and otherwise.

Sen. Ongoro): Was that your response?

Yes, Madam Temporary Speaker. We will endeavour to have that information in the Senate in seven days’ time.

Sen. Ongoro): Who is responding on behalf of the chairperson since I am not seeing him? You know I took over the Chair midstream so there was confusion, I thought he was still just contributing. I can see a request from Sen. (Prof.) Anyang-Nyong’o. Is that a mistake? Before we move to the next Order, I order that this Statement be included in the Order Paper again next week on Thursday. Next order!

Madam Temporary Speaker, I stand to present this Bill in which it is proposed that the offices that were created and identified under Section 50 of the County Governments Act, No.17 of 2012 are offices of sub-county, ward and village administrator. In the Statement of the Objects and Reasons of the Bill, it seeks to amend this County Governments Act No.17 of 2012, where the main objective is to amend Sections 50, 51 and 52 in order to bind the County Public Service Board of every county to employ sub-county, ward and village administrators after every general election. This is as opposed to what is written today, which gives them the leeway to employ people permanently in those positions yet they are directly under the influence and under the office of the present governor. 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

Senator, what is the role of bouncers in all these?

Madam Temporary Speaker, it is true that these are people whose loyalty belongs to one person. My view is that we should have an independent County Public Service Board. As it is constituted today, it is almost null and void. Some of them are resigning and some of them are praying just to continue earning salary. If we do not have an independent body, then it means it is nothing. They should not wave to us saying that the law says it is a permanent position. What is the practice on the ground is that those boards were forced to employ people. Madam Temporary Speaker, I am proposing that this Bill amends the County Governments Act to be enacted by this Parliament. This Act may be cited as the County Governments Amendment Act 2015 and the County Governments Act refers to as follows:- “Should be amended in Section 50” Madam Temporary Speaker, Section 50 is here. It is the office of the Sub-County Administrator which says:- a) There shall be established at the level of each sub-county the office of the sub-county administrator. b) The sub-county administrator shall have qualifications and knowledge in administration or management and shall be competitively appointed by the County Public Service Board in accordance with the provisions of this Act. Madam Temporary Speaker, it is not telling us about qualification. I am introducing amendments to it, by saying that it should amended:- 2 (a) by deleting the sub-section (2) and substituting therefore the following new sub-section:- “The sub-count administrator shall be competitively appointed by theCounty Public Service Board after a general election is held for a county government”. Madam Temporary Speaker, this is now removing where you say employing somebody “just like that”. This is to be done after every five years. (b) have a minimum of a degree from a recognized institution in Kenya; (c) have qualifications and knowledge in administration or management. 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. First of all, I thank Sen. (Prof.) Lonyangapuo for bringing this very important Bill to the Senate. Before I say anything, I would like to refer the Senate to the Constitution of the Republic of Kenya. Let me draw your attention to Article 1(4) on Sovereignty of the People, which says:- “The sovereign power of the people is exercised at – (a) the national level; and (b) the county 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

Thank you, Sen. (Prof.) Anyang'- Nyong'o. This is quite an interesting Bill.

Madam Temporary Speaker, this Bill is being sponsored by Sen. (Prof.) Lonyangapuo, a close personal friend of mine. He is also one of the most effective permanent secretaries that I had the privilege to work with. He is very active, resourceful and a respected Member of the Senate. He moved this Bill very eloquently and he has been supported by Sen. (Prof.) Anyang'-Nyong'o, whom I highly respect. He is in many ways an exemplary person. However, I am unable to support the amendments proposed in this Bill. I do not support the amendments proposed in this Bill. Therefore, I oppose the Bill. Madam Temporary Speaker, the object of the Bill is to amend the County Governments Act in order to compel County Governments Public Service Boards (CPSBs) to employ sub-county administrators, ward administrators, village administrators after every five years; after every general election. In other words, this Bill links the tenure of these officers to the fate of the governor. The passage of this Bill into law will profoundly change the terms of service and adversely so, in fact, almost fatally affect the current holders of these positions. Many holders of these positions were competitively recruited. At least, in my county they went through a very rigorous process. They responded to advertisements, went for interviews and emerged as successful candidates. They were then given appointments by the County Public Service Board (CPSB) based on permanent and pensionable terms in line with and similar to terms offered to holders of equivalent positions in the national Government. Madam Temporary Speaker, many of these people left their positions in the national Government where they were already enjoying permanent and pensionable terms to take up these offers at the county governments. I do not believe that it should be our business in this House to make any Kenyan or group of Kenyans worse off than they should be; rather, it should be our business to be in the forefront to improve the welfare of Kenyans everywhere. This Bill is tying these three categories of administrators to the tenure of governors. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Madam Temporary Speaker. Is Sen. Obure in order to mislead us that some of these officers do not have power in the development of policies and plans? This is because if we look at the jurisdiction and what has been given in the County Government Act, the sub-county administrator and ward administrator have specific functions that have been given. The sub-county administrator is responsible for the coordination of various things, including the development of policies and plans. The same is also given for the ward administrator.

What was originally provided for is slightly different from what is proposed in the amendment. Sen. Obure, can you clarify what you meant in your contribution?

Madam Temporary Speaker, the Governor and his own Executive Members of Committees are the people who formulate the policies that are executed in the county. The sub-county administrator and ward administrator are placed way out in the villages. They work upon instructions and orders given by the executive who is the governor, his deputy and members of the executive committee responsible for the various ministries. Madam Temporary Speaker, I feel strongly that the terms of service of these officers should not in any way be linked to the tenure of the governors. What we need to do, on the contrary, is to ensure that we have strong public and civil services to make sure that service delivery is given out consistently and that it is not necessarily linked to the tenure of service of the governor. I, therefore, feel strongly that this Bill should not be passed. It will be discriminatory and will affect Kenyans in very fundamental ways. It should, therefore, be rejected. I oppose.

Thank you, Senator. Sen. (Dr.) Zani. I can see that you have logged out, but you were next on line. Proceed to give your contribution. 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 support this Bill by saying that the promise of devolution which is the cascading of resources, as we have said here consistently, has been so important. It is unfortunate that certain administrative functions of devolution are not working to the level that we expected. However, at least, that promise was there. The second aspect where this Bill comes in is the devolution of systems and operations which is key so that the cascading does not just end. A lot of information on the structuring happened up to the county level. However, at the sub-county and ward levels, all these considerations were not put in place. That is what makes it very important that the key offices of sub-county, ward and village administrators are given the power that they are expected to have. This is because they have a very key role to play. As has been mentioned in that paragraph, they are meant to coordinate the participation of communities and locations in governance at the local level. Madam Temporary Speaker, three years into devolution, there are certain parts of this country that have not heard what devolution is all about, at the lowest village level. This is why we have had a problem because civic education has not cascaded down as it ought to. Remember, we had a centralized system of Government for so long. So, all the time, people still have expectations from the central Government yet we have county governments that are independent. Some of these services can actually be cascaded at that particular level. Madam Temporary Speaker, some of the roles that are meant to be played by ward administrators, village administrators and sub-county administrators are very key. Some of them touch on issues like service delivery, empowering of the community, ensuring that the public service is provided at the lowest level, where possible, and ensuring coordination and public participation. Part of the problems of accountability that we have had at county governments level have to do with public participation and the citizens still cannot actively play their part. If they were empowered to know what questions to ask and how to ask them, that would be very key because they would be able to hold the county governments accountable to ensure resources are well utilised. Since we cannot directly get down to a villager, I am sure the sub-county administrator, ward administrator and the village administrator has a very important role to play. So, these administrative functions are very key and they need to be played too. Secondly, the Bill addresses the issue of qualifications, which is also very key. As Sen. (Prof.) Lonyangapuo was moving this amendment Bill, he mentioned the bit about governors just giving jobs to their cronies, relatives and “this one and that one” and that really undermines the functions. I was listening to an audio tape that was correlating development and the problems with development. One of the issues that came out was the culture of nepotism because jobs are given to people who might not be qualified. So, the section on qualifications is very key. People should get jobs with the right qualifications so that they do what is expected to be done. Madam Temporary Speaker, the Bill goes ahead to address how this should be competitively done by the CPSB. That is very critical. It gives the minimum levels of education for the various positions and also qualifications in terms of having knowledge, 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, thank you for giving me this opportunity so that I may also contribute to this Bill. Let me start from the outset by saying that I rise to oppose this Bill. I want to oppose it very strongly on the basis that I feel that the timing of this Bill is ill conceived and very mischievous at this time, particularly when we know that there are a number of distinguished honourable Senators in this House who would like to be governors. Has this Bill been brought so that these Senators may create jobs so that they can also give their people? I know that quite a number of these Senators are going to become governors, but this is not the way to go about it. Madam Temporary Speaker, I rise to oppose the main object of this Bill and that is Sections 50, 51 and 52 which wants to send some people home, particularly sub-county administrators, ward administrators and village administrators. These are public servants who were appointed on the basis of merit. They have not been appointed on the basis of political gerrymandering. They have been appointed by a competent public service. I want to remind the Mover of this Bill that governors do not, in the County Governments Act or the Constitution, appoint any employee. It is the County Public Service Board that appoints. Madam Temporary Speaker, I feel that this is ill conceived. Is the Mover trying to tell us, for example, when the President appoints civil servants, when the term of the President ends, will all these civil servants in the national Government go home? We need to create stability in this country. We need to create a system of employment. If there is a problem on how these officers are employed, talk about amendments to the law that can ensure that the manner in which the recruitment and appointment of civil servants is done is fair and equitable. The law should ensure that the appointment of public servants is streamlined with regard to public participation, diversity of communities, inclusion of all clans or The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Madam Temporary Speaker, I also rise to oppose this amendment, for the same reasons that have been proposed by the Senator from this side of the House. Most specifically, the biggest problem has been that the governors have become everything in the counties. They have not given powers to these men and women to do their duties as envisaged in the County Governments Act. For instance, you have heard that the ward administrators have powers to formulate policies. They have not been mandated to do that. The people to be blamed for this are the governors and not the holders of the office. Madam Temporary Speaker, where I come from, this work was done competitively by the County Public Service Board. In most cases ward administrators hold master’s degrees and some have doctorate degrees. So, it is important that we differentiate political expediency and professionalism. Therefore, I reiterate the contents of those who have opposed. I beg to oppose.

Madam Temporary Speaker, Sir, I would like to join my colleagues in opposing this Bill because the spirit is---

Order Senator! This seems to be a very interesting Bill and it is true that it touches on the core mandates of the Senate. I, therefore, order that it should be considered for inclusion in the order paper on Tuesday so that we can continue with this interesting debate.