Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- The Public Finance Management Senate Monitoring and Evaluation Regulations 2016.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.45(2)(b) to seek a Statement from the Chairperson of the Sessional Committee on Implementation regarding the status of the implementation of the resolution of the Senate on the state of affairs in Kenya Airways Limited. In the Statement, I would like the Chairperson to apprise the House on the status of implementation of each of the recommendations made by the ad hoc select Committee of the inquiry into the affairs of the company and its subsidiaries in its report on the matter as tabled on 1st December, 2015 and adopted by the Senate on 3rd December, 2015. Mr. Speaker, Sir, I have another Statement. I do not know---

Proceed, Sen. Wangari. Was the first one addressed to the Sessional Committee on Implementation?

Yes, 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

Mr. Speaker, Sir, the second Statement is directed to the same Committee. I rise pursuant to Standing Order No.45(2)(b) to seek a Statement from the Chairperson of the Sessional Committee on Implementation regarding the status of the implementation of the resolution of the Senate on the disappearance of twins at Pumwani Maternity Hospital on 6th January, 2015. In the Statement, I would like the Chairperson to apprise the House on the status of implementation of the recommendations made by the Standing Committee on Health in its report on the matter as tabled on 15th September, 2015 and adopted by the Senate on 2nd December, 2015. Thank you.

Could we hear from the Chairperson of the Sessional Committee on Implementation, the Vice-Chairperson, Member or the Senate Majority Whip?

Mr. Speaker, Sir, on behalf of the Committee, I would request the Senator to give us two weeks to bring both statements.

So directed. The statement should be ready in two weeks’ time. MANAGEMENT OF COMMUNITY AND PUBLIC LAND IN MACHAKOS COUNTY There are several statements to be issued. One is from the Chairperson Standing Committee on Lands and Natural Resources? Sen. Muthama is not here.

VOLATILE SITUATION IN SOUTH SUDAN Where is the Chairperson, Standing Committee on National Security and Foreign Relations? The Chairperson and the Vice-Chairperson are not present. Could we hear from any Member of the Committee?

On a point of order, Mr. Speaker, Sir. I am surprised that the Chairperson or his Vice-Chairperson is not here. You gave a very clear direction that this statement has to be responded to today. The news coming in is not very encouraging. While Uganda has sent its troops to protect its nationals in Juba, Kenyans are left at the mercy of anybody and everybody. They brought in a load in a commercial airline. We want the leadership of Jubilee - I can see the Senate Majority Whip smiling as she sits there - to tell us why the Government is not being responsive to the plight of Kenyans. 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

Sorry, Mr. Speaker, Sir. It is on another point of order.

Mr. Speaker, Sir, you will agree with me that since this Statement was sought, a lot of water has gone under the bridge. I will, therefore, request that you allow me to make an addendum to the Senate Majority Whip who is now representing that Committee on these issues. In the Statement, I would like to know the following:- 1) How many Kenyans have lost their lives so far in South Sudan? 2) What is the estimated population of Kenyans in South Sudan as per now less the 200 that have been transported to Kenya?

Mr. Speaker, Sir, this is a very important matter. We do not have a good record as a nation and this happened even when our distinguished Senator for Bungoma was a Minister for Foreign Affairs. We do not have a record of caring for Kenyans who are in countries that have problems. We are always the last country and we do not respond as fast and as efficiently as other countries do. I know of people who have been injured and are in hospitals in Kampala. When they were crossing the border by bus, the South Sudanese guys opened fire and several of them were injured. Those people are now held in hospitals in another country. It is important that the Foreign Ministry has a desk where the relatives and friends of those people who are working in that country can get information and even give their names. There has to be a contingency plan for evacuation in a country when there is a crisis like this one. The Government must tell us whether there is such a plan and where can Kenyans go and register their concerns regarding their people who are in such countries, particularly South Sudan.

Mr. Speaker, Sir, noting that South Sudan is neighbouring Kenya, particularly Turkana county, could the Chairman also tell us what steps the Government has taken to protect the people of Kenya who are living along the border, given that there is loose flow of guns in that country at this time. Has the army been stationed at the border point to protect Kenyans?

Mr. Speaker, Sir, I also want to ride on that. My concern is on the priority that the Government gives to the people. The Government has failed to protect its people. This issue is very serious. As we get the response, we should also get the way forward on what plans the Government has in regards to the security of the people of Kenya. When you connect the two, you see that hijacking of Kenyans is connected to other--- 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! If you are so convinced that the Government has failed, then you would not be seeking the statement. This is not a statement to contribute. This is a statement to be responded to.

Mr. Speaker, Sir, the Government should prove that it has not failed. That is the statement that I want.

Fair enough.

Mr. Speaker, Sir, we have very many Sudanese in Kenya and more so where Hon. Garang used to teach. He was a headmaster of a school in Karatina, Nyeri County. The Government can also retaliate by doing something!

No! No! How can he say so?

We are just contributing to this debate.

Order, Senator! What are you suggesting?

Mr. Speaker, Sir, we are harboring very many Sudanese here. I am suggesting that talks be held by the Opposition. Hon. Kalonzo Musyoka is the roving ambassador for the other side. What is he doing to make sure the talks are up the gear? They should not blame the Jubilee Government for failing. He is the Ambassador of South Sudan Peace Talks.

What is it, Sen. Wetangula?

On a point of order, Mr. Speaker, Sir. Is the distinguished Senator for Kirinyaga in order to openly and blatantly display a total lack of knowledge on the issue of South Sudan by suggesting that my brother and partner in the Coalition for Reforms and Democracy (CORD), Kalonzo Musyoka is a roving ambassador for South Sudan? We are not talking of the past; we are talking of the present. By then Hon. Kalonzo Musyoka was the Foreign Minister who spearheaded the process of negotiation of peace between (Sudan People’s Liberation Movement) SPLM and the Government of Sudan. He performed that job with distinction. I came and finished it with even greater distinction.

Order, Sen. Wetangula! Men of distinction should also learn to be very brief, including when you refer to Sen. Karaba as a man whose knowledge of South Sudan is completely limited. What is it, Sen. (Dr.) Machage?

Mr. Speaker, Sir, I rise on Standing Order No.91. Could the Senator for Kirinyaga withdraw his remarks that have thrown this country to bad repute? Those are exceptional words that cannot be accepted in this House. He should withdraw and apologize.

Which words?

Mr. Speaker, Sir, he talked of retaliation towards Sudanese people in Kirinyaga County.

Sen. Karaba, what did you say?

Mr. Speaker, Sir, I did not explain whether they will be--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Members! There is what we call a contextual meaning of a word. There is no war between South Sudan and Kenya. The problem is internal within South Sudan. You should understand the use of the word in that context, especially when the word was never extended anywhere. It was just thrown and left hanging. His understanding of retaliation is that those who had worked previously may wish to revisit their subject, including the two gentlemen with distinction who were partners.

Order, Members! The Chairperson and the Vice Chairperson are here, and the smiling Majority Chief Whip is also present. Since you are holding brief, I will invite the Majority Whip to go first.

Mr. Speaker, Sir, I was not holding brief since they are here. Let me remind the House that last year in this Senate we passed a Motion urging the Ministry of Foreign Affairs and Trade to ensure they put up an institution in every Embassy; an institution to deal with issues like what is happening in South Sudan. At that time, we had a lot of hue and cry on the issue of domestic violence against workers in Saudi Arabia. I do not know what happened. I urge the chairpersons, as they answer this question, to go back and look at the Motion we passed. We have around 37,000 Kenyans working in South Sudan. We need a way of ensuring either we use the Kenya Defence Forces (KDF) to go with buses and bring those Kenyans who want to come back home---. We have very serious investors who would want to stay and protect their own investments or wait for calm to return to the country in order to continue with their businesses. I hope we can use KDF with buses for just two days and bring back our brothers to this country.

I am not getting any indication from the chairperson or the vice chairperson. I will give the Chairperson first. In addition to what the Majority Whip has said, chairperson, there was a suggestion by Sen. Billow about not just a desk at the Embassy in Juba, but also a desk here at the Ministry of Foreign Affairs and Trade. Any Kenyan, who wants to find out, can be given that information. The statistics that have been shared by Sen. Elachi are the ones she got here from Bungoma and Mandera counties. There are many more than those figures. Proceed, Chairperson!

Mr. Speaker, Sir, the statement sought by my colleague in the committee, Sen. Wetangula is being addressed. We have been in touch with the Ministry and they have promised the Statement will be given on Thursday. I am sure the additional information that has been requested will be passed on to them. It will be included in the statement when we issue it.

What is it, Sen. Wetangula?

On a point of order, Mr. Speaker, Sir. The distinguished chairperson of the Committee may wish to consult 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

I cannot agree more with the Senate Minority Leader. This is a security matter and we expect the Ministry to give it its full attention. Instead of going to the media and all the places, the right place to report is Parliament. Chairperson, you need to impress upon them the seriousness with which this House is taking this very matter, on behalf of many Kenyan families and relatives of those in South Sudan.

Mr. Speaker, Sir, we shall do what you have directed. Hopefully, by Thursday, as they have promised, we shall give the statement here.

Chairperson, I direct that you work double so that if you can get the statement tomorrow, the better. Definitely, Thursday, latest. We will not accept any delay beyond Thursday.

Much obliged, Mr. Speaker, Sir. IMPLEMENTATION OF GOVERNMENT POLICY ON FREE MATERNITY SERVICES

Mr. Speaker, Sir, on 16th June, I sought for a Statement from the chairperson on the Standing Committee on Health. The last time we were in Session you ordered that it be given today. However, I have not seen it on the Order Paper. We have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Chairperson, Vice Chairperson, Committee Member of the Standing Committee on Health?

Mr. Speaker, Sir, I beg for the indulgence of the House that I have not been given that statement to present of the House. However, I will follow it up and present it on Thursday if possible.

Order, Members! That should be the end of Statement time. What is it, Sen. (Prof.) Lonyangapuo?

Mr. Speaker, Sir, I sought a number of Statements in May and June. One of them was about the compensation level that would be given to the people who are affected by cattle rustling menace for a long time now that they have returned home. That Statement needs to be given.

I order that, that Statement be issued on Thursday, this week. DISAPPEARANCE AND BRUTAL MURDER OF CHILDREN IN CHESUE VILLAGE, NANDI HILLS

Mr. Speaker, Sir, last week on Wednesday, I sought a Statement with regard to the disappearance and murder of children in my county. The Chair directed that the Statement be responded to today. This is a serious issue because as I speak, out of the five children who disappeared, we have only managed to trace two who we found murdered. The whereabouts of the other three is still unknown up to now. The families are suffering. The two children have been buried through the support of the community and harambee. I request that the Chairperson of the Committee on National Security and Foreign Relations goes ahead to respond to this particular Statement because it was an emergency situation.

Mr. Speaker, Sir, I was not here last Thursday. The hon. Senator has just informed me that he sought this Statement. We will do everything possible to get that Statement latest by Thursday, this week.

It is so directed; Thursday this week.

Sen. (Dr.) Machage, when will the Statement sought by Sen. Sijeny be available?

Mr. Speaker, Sir, it will be available on Thursday, this week.

It is so directed. 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, hon. Senators, before we move on to the next Order, I wish to recognize the presence of visiting students and lecturers from the following institutions- (1) Laikipia University, Embu Campus, Embu County. (2) Kilili Girl’s High School, Machakos County. Both delegations are seated at the Public Gallery. In our usual tradition of receiving and welcoming visitors to Parliament, I wish to extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit to our Parliament. Thank you. Next Order! .

(Sen. (Dr.) Machage): Hon. Members, we are in the Committee of the Whole to consider Order No. 8, The Reproductive HealthCare Bill (Senate Bill No.17 of 2014).

Order! Sen. Sang and the others, I want you to pay attention to this. In the last Sitting the Committee of the Whole had considered up to New Clause 12A. However, there have been some editorial amendments affecting New Clause 6A to 6D. For that reason, I will annul the process of discussion of these Clauses and re-start today from The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 6. Consent (1) An assisted reproduction health care provider shall not perform any treatment or procedure of assisted reproduction without the consent in writing of all parties seeking assisted reproduction services. (2) An assisted reproduction health care provider shall not freeze any human embryos without specific instructions and consent in writing from all the parties seeking assisted reproduction in respect of what should be done with the gametes or embryos in case of death or in capacity of any of the parties. (3) An assisted reproduction health care provider and facility shall not use any human reproductive material to create an embryo or use an in vitro embryo for any purpose without the specific consent in writing of all the parties to whom the assisted reproduction facility relates. (4) The consent of any of the parties obtained under in- vitro fertilization may be withdrawn at any time before implantation of the embryos or the gametes to the woman’s uterus.

Mr. Temporary Chairman, Sir, I beg to move:- That, New Clause 6A be read a Second Time. The purpose for this was to ensure that the consent of the right people is provided for.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 6. Conditions for assisted reproduction. A trained health professional specializing in in-vitro fertilization shall before carrying out any procedure ensure that- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairman, Sir, I beg to move:- THAT, New Clause 6B be read a Second Time. This is to ensure that the right conditions are met when the assisted reproduction fertilization is being undertaken.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 6 Register (1) (a) A register with information on full names of the donor, physical characteristics of the donor, ethnic origin, family medical history, interests, hobbies and skills of the donor shall be kept at all assisted reproduction facility. (b)The register shall be strictly confidential. (2) A donor shall remain anonymous to both the person using the gametes and the child born out of the use of the donated gametes. (3) A donor shall not acquire any parental responsibility to the child born out of the use of the donated gametes. (4) Parties using a donated egg or sperm have a right to choose their donor should they wish to do so. (5) A donor shall not receive any form of compensation for the use of their donated gametes. (6)An assisted reproduction health specialist shall provide information to the donor to allow the donor make an informed decision. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairman, Sir, I beg to move:- That, New Clause 6C be read a Second Time.

This is to ensure data collection and all information that is required for future use.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 6 Limitations The following limitations shall apply to assisted reproduction services- (a) gametes shall not be used in research except with the consent of the gamete provider; (b) an assisted reproduction health specialist shall not use, supply or export a gamete except with the written consent of the donor and in a manner consistent with the donor's consent; (c) gametes shall not be used in assisted reproduction treatment if the gamete provider is deceased unless the gamete provider had given consent to the use of gametes before death; and (d) an assisted reproduction health professional shall not use a gamete to create an embryo if the assisted reproduction health specialist has knowledge that the donor is a close family member of the recipient to avoid genetic complications.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, New Clause 6D be read a Second Time. This is to ensure that limitations are provided for while transacting the assisted reproduction process.

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

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 12- 12A. (1) Each party shall have a different lawyer and the agreement shall be witnessed by different persons to protect each party's interest. (2) Any legal fees to the surrogate mother shall be paid by the commissioning parents. (3) Before the signing of the surrogacy agreement, the parties and their respective lawyers shall be present at the signing of the informed consent in the presence of a qualified medical practitioner, who shall explain to the parties the implications of the surrogacy agreement. Mr. Temporary Chairman, Sir, this is to ensure that all parties pay their legal fees and the surrogate mothers have the fees provided for by the commissioning parents.

(Sen. (Dr.) Machage): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 13- 13A. A valid surrogate parenthood agreement shall provide that- (a) any child born of a surrogate mother in accordance with the agreement is for all purposes the legal child of the commissioning parent or parents from the moment of conception; (b) the surrogate mother shall not terminate the pregnancy except as provided or by law; (c) the surrogate mother is obliged to hand the child over to the commissioning parent or parents as soon as is reasonably possible after the birth; (d) the commissioning parents shall not reject or discriminate against the child under any circumstances; (e) the surrogate mother, her spouse, partner or relative shall have no right of parenthood or care of the child; 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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 13- Obligations 13B. In the event of multiple pregnancies, the obligations of the surrogate mother and the commissioning parents remain as provided in this Act. Mr. Chairman, Sir, this is to cater for the children in case there are multiple pregnancies, and the obligations do remain with the commissioning parents and not with the surrogate mother.

(Sen. (Dr.) Machage): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 13- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 13- Compensation 13D (1) Subject to subsection (2), a person may not in connection with a surrogate parenthood agreement give or promise to give to any person, or receive from any person, a reward or compensation in cash or in kind. (2) A promise or agreement for the payment of any compensation to a surrogate mother or any other person in connection with a surrogate parenthood agreement or the execution of such an agreement is not enforceable, except a claim for –

compensation for expenses that relate directly to the artificial fertilization and pregnancy of the surrogate mother, the birth of the child and post-delivery complications;

loss of earnings suffered by the surrogate mother as a result of the surrogacy; or

insurance to cover the surrogate mother for any acts that may lead to death or disability brought about by the pregnancy. Mr. Temporary Chairman, Sir, this is to ensure that people do not use or misuse the assisted reproduction process to make money. This will ensure that there will be no monetary compensation when one volunteers to partake in the process.

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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 17- 17A. The National and County governments shall provide free ante-natal care, delivery services and post-partum care. Mr. Chairman, Sir, this in line with the devolution of healthcare and to ensure that both the national and county governments provide free antenatal care delivery services and postnatal care and not just the policy.

(Sen. (Dr.) Machage): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 17- The county governments shall ensure access to- (a) emergency obstetric and gynecological emergency services; and (b) information and treatment of – (i) communicable and non-communicable diseases of pregnancy; (ii) sexually transmitted infections; and reproductive tract infections . NEW PART THAT, the following new part be inserted immediately after Part IV- PART IVA—ACCESS TO PRODUCTIVE HEALTH CARE SERVICES FOR PERSONS LIVING WITH DISABILITIES Mr. Chairman, Sir, this is to ensure that the county governments provide all the necessary emergency obstetrics and gynecological treatment or services so that women and children lives are protected.

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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new Clause immediately after clause 18- Right to productive health rights 18A. The County Executive Member for the time being in charge of health shall- (a) provide physical access and resolve transportation and proximity issues to clinics, hospitals and places where public health education is provided, contraceptives are sold or distributed or other places where reproductive health services are provided; (b) increase access to information and communication materials on sexual and reproductive health in braille, large print, simple language, sign language and pictures; (c) provide continuing education and inclusion of rights of persons with disabilities among health care providers; and (d) undertake activities to raise awareness and address misconceptions among the general public on the stigma and their lack of knowledge on the sexual and reproductive health needs and rights of persons living with disabilities. Mr. Chairman, Sir, this is to make sure that the county government do ensure that the persons leaving with disabilities are given the right to reproductive healthcare services in accordance with the conditions that they have.

(Sen. (Dr.) Machage): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- 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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 19- Duty to refer 19A. (1)A trained health professional who has a conscientious objection to the termination of pregnancy as envisaged under this Act has a legal duty to refer the pregnant woman to a trained health professional who is willing to provide this service except in case of emergency treatment. (2) A trained health professional in subsection (1) who does not refer a pregnant woman as provided, commits an offence and is liable to three years imprisonment or a fine of one million Shillings or to both fine and imprisonment. Mr. Temporary Chairman, Sir, this is to ensure that only the trained health professionals have the right and duty to perform the health services required for the pregnant women and it is not abused. It also ensures that those who violate the law are punished according to the law. This is to protect the persons who have been given the healthcare services.

(Sen. (Dr.) Machage): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- 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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after clause 21- Data 21B. A trained health professional who prescribes termination of pregnancy and post-abortion care shall collate the data and forward it to the board in confidentiality. This is to facilitate collection of data and to help the relevant governments make informed choices in future.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, the Bill be amended by inserting the following new clause immediately after Clause 34- 34A. In the provision of adolescent friendly reproductive health services- Consent (a) parental consent shall be required for adolescents aged below 18 years; (b) due consideration shall be made on issue of parental consent to children as provided for under section 119 of the Children Act; 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): Division will be done later.

Mr. Temporary Chairman, Sir, I beg to move:- THAT the Bill be amended by inserting the following New Clause- Adolescent – friendly facility 34B.(1) An adolescent friendly heath care facility shall- (a) provide adolescent-friendly reproductive health services; and (b) facilitate the provision to adolescents of confidential, comprehensive, non- judgmental and accessible reproductive health services. (2) A health care provider from whom reproductive health services are sought by an adolescent is obligated to refer the adolescent to a qualified person for provision of the necessary services. The purpose of this amendment is to define and facilitate the appropriate adolescent friendly reproductive healthcare services that are to be provided to the adolescents freely and that they may embrace the facility.

(Sen. (Dr.) Machage): The Division will be at the end.

Mr. Temporary Chairman, Sir, I beg to move:- THAT, Clause 2 be deleted and substituted therefor with the following clause – 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): The Division will be at the end.

(Sen. (Dr.) Machage): The Division will be at the end.

Mr. Temporary Speaker, Sir, I beg to report that a Committee of the Whole has considered the Reproductive Health Care Bill (Senate Bill No.17 of 2014) and seeks leave to sit again tomorrow.

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

seconded.

(Sen. (Dr.) Machage): The Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 4 of the Bill be amended in sub-clause (1) by- (a) inserting the words “and who shall be the chairperson” immediately after the word “writing” appearing in paragraph (a); (b) inserting the words “nominated by the Kenya National Chamber of Commerce and Industry and” immediately after the words “business community in the county” appearing in paragraph (c); (c) inserting the following new paragraph immediately after paragraph (c)- (ca) one person nominated by the most representative association of outdoor advertisers and appointed by the Governor; and

Mr. Temporary Chairperson, Sir, I beg to move:- THAT clause 5 of the Bill be amended (a) in sub-clause (1) by deleting the word “a” appearing immediately after the words “application for” and substituting therefor the words “an outdoor advertising”; and (b) in sub-clause (2)- (i) by deleting the word “registration” appearing immediately after the words “an application for” and substituting therefor the words “an outdoor advertising license” appearing in the introductory phrase; (ii) by inserting the word “application” immediately after the words “the prescribed” appearing in paragraph (a); (iii) deleting paragraph (c); and (iv) deleting paragraph (d).

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

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 7 of the Bill be amended- (a) by inserting the following new sub-clause immediately after sub-clause (1)- (1A) Where the committee receives more than one application for the same advertisement space, the committee shall consider the applications in the order of presentation of the applications. (b) in subsection (2) by deleting the word “fourteen” appearing immediately after the words “under subsection (1) within” and substituting therefor the word “seven”; (c) by deleting subsection (3);

Mr. Temporary Chairperson, Sir, I beg to move:- THAT Clause 9 of the Bill be amended in paragraph (a) by inserting the words “and upon payment of the prescribed outdoor advertisement fee” immediately after the words “which it is issued”.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT

Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended in the introductory phrase of clause 14 by deleting the words “the owner of an advertisement” appearing at the beginning of the phrase and substituting therefor the words “the licensee”.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT clause 15 of the Bill be amended by deleting sub-clause (1) and substituting therefor the following new sub-clause- (1) The committee shall cause a notice of an application made under section 4to be published in the prescribed form on the county website and a place accessible to the public at the premises of the committee.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 13- Removal of

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, New Clause 13A be read a Second Time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 16- Vandalism of

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, New Clause 16A be read a Second Time.

(Sen. (Dr.) Machage): Division will be at the end.

Mr. Temporary Chairperson, Sir, I beg to move:- THAT, Clause 2 of the Bill be amended - (a) in the definition of the term “advertisement” by inserting the words “including advertisements projected on screens carried on motor vehicles” immediately after the words “whether illuminated or not”; (b) deleting the definition of the term “county executive committee member”; and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Chairperson, Sir, I beg to move that pursuant to the Standing Order No. 139, the Committee do report progress on its consideration of the County Outdoor Advertising Control Bill (Senate Bill NO. 11 of 2015) and seek leave to sit again tomorrow. ( Question proposed)

Sen. (Dr.) Machage): Let us have the Committee Chairperson.

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Outdoor Advertising Control Bill (Senate Bill No. 11 of 2015) and seeks leave to sit again tomorrow.

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

seconded.

(Sen. (Dr.) Machage): Next Order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Sen. Hargura, you have fourteen minutes to contribute.

Mr. Temporary Speaker, Sir, this Bill by Sen. (Prof.) Lonyangapuo seeks to amend Sections 50, 51 and 52 of the County Governments Act in order to bind the County Public Service to employ sub- county administrators, ward administrators and village administrators every general election year. I oppose this Bill because first of all, it is discriminatory in terms of targeting only a particular cadre of the county employees. This is because we need to have effective devolution by making sure that services are taken closer to the people at the lowest level, that is, the village level. That is why in the County Governments Act, this positions are created to make sure that we have people up to the village level to ensure that the public participates in decision making as to what should be done for them. Mr. Temporary Speaker, Sir, the Constitution states that we have two levels of Government; the county and the national Government and Article 60 of the Constitution states that governments at the national and county level are distinct and interdependent and shall conduct their mutual relations on the basis of consultation and cooperation. What is envisaged here is that there will be government structures which might be parallel because as we have the administration from the national government which goes all the way up to the village level where we have a sub chief, the county government must have its own structures up to that level. The two levels of government also have similar arms. The national Government has three arms while the county government has two arms. I am interested in the executive arm which has the President as the chief at the national level, and the governor as the chief at the county level. Mr. Temporary Speaker, Sir, the national Government has been in existence since Independence so the structures are clear. We also have the county government in which we are now having the first governor serving and they have established their government from executive committee members, chief officers and directors. In the case of the administration department, we have sub-county administrators, town administrators, ward administrators and we are supposed to be having the village administrators. From what has happened now, most counties are yet to establish the village administration units. Below them we have the Council of Elders which will enable the public at that level to have a channel through which they can participate in bringing up their proposal in terms of development agenda. Mr. Temporary Speaker, Sir, we expect all the governors to move with speed to make sure that they have their representation at that level so that the county government can be felt and we will have smooth flow of information both from the public in a bottom-up system and also from the county government from the governor downwards. 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 disagree with this Bill because I do not support the County Governments (Amendment) Bill (Senate Bill No.21 of 2015) as it seeks to discriminate against the ward structures in the county governments. We are well aware that there are two levels of Government. We have the national Government and county governments. These are all independent. I think it is the people who should set up structures and laws of how they want to administer their counties. The objective of the Bill is to amend Sections 50, 51 and 52 of the County Governments Act in order to bind the CPSBs to employ sub-county administrators, ward administrators and village administrators after every general election. This will be very expensive in terms of training and, therefore, it will be costly to county governments. In my view, the existing sub-county administrators, ward administrators and village administrators should be given an opportunity to reapply for the jobs so that they are vetted first on a priority basis before other new staff are considered. That will help to cut down on the cost of training by county governments. We know that county governments have had difficulties and challenges in setting up structures and also training their staff. If we have to roll out the staff every five years, then it means that county governments will never settle because it is after five years that a person starts grasping what he or she has been doing. How do you think of changing that person before the expiry of five years? When you remove a person from a position or a job, there must be good reasons why you do so. You should ask yourself whether that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, whereas I appreciate the efforts by Sen. (Prof.) Lonyangapuo in the endeavor to streamline the efficiency of the management of services at the county government level, and his endeavor to come up with a Bill that if passed would be an Act of Parliament stating the conditions of employment mainly of the staff at that level, I am a bit concerned with a few clauses in the Bill that would completely negate what the Constitution envisaged. Nevertheless, there are a few areas that I am really in support of, especially in his suggestion that county administrators should be employed competitively and, thereafter, appointed by the County Public Service Board. That is quite healthy. I also accept that they have a minimum qualification of a degree from a recognized university besides qualification and knowledge of administration and management. That is quite healthy. Mr. Temporary Speaker, Sir, however, I am a bit concerned with the suggestion in part (b) of Clause 2A that after a general election, the outgoing sub-county administrator shall remain in office until the new sub-county administrator is appointed. In other words, this Clause is saying there will be exit of administration at every general election to follow the exit of governors, senators, Members of County Assembly (MCAs) or those positions that have been prescribed by the law or as is in Chapter 11 of the Constitution. These are positions that have to be filled at every election in five years. Mr. Temporary Speaker, Sir, in the national Government, civil servants that have been employed by a government are never sent away from their duties after every election. This is intentionally done because there has to be continuity of administration after every election. It also depolarizes the thinking and functioning of the civil service not to be dependent on the sitting administrator, governor or president. It is important because if it was made so, then you would have partisan application of the laws of administration for the purposes of pleasing governors who may have the upper hand retaining their seats for a second round and, therefore, completely polarizing the whole purpose of devolution and administration. Mr. Temporary Speaker, Sir, I think here, Professor goofed a little. It totally spoilt the honey or the sweetness he had instilled into this Bill that he had made it one of the best Bills to be passed by this House. Unless there is an amendment to that section of this Bill, then it is destined and doomed to fail. For only that reason, I will oppose this Bill. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I rise to support this Bill, however, not in its entirety. There are certain sections that are quite progressive and mean well for administration in our counties. Mr. Temporary Speaker, Sir, I get a little bit concerned when Members of this House raise valid issues on a Bill that gives an indication that they support about 70 per cent of the Bill except one or two provisions. The law and the procedures in this House are clear that you can amend a Bill. Therefore, the areas that I have concern with, I am sure in the Third Reading stage of this Bill, we can bring those amendments. Mr. Temporary Speaker, Sir, it could be quite unfortunate if this House is going to preside over a process that ends up throwing the baby and the bath water. Devolution is a concept that is trying to ensure that we have proper administration and governance in our counties. The concept of devolution will not be complete if you just devolve power and resources from Nairobi to the county headquarters. Power has to be devolved also from the county headquarters down to the village level. This was anticipated if you look at the devolution laws including the County Governments Act, in terms of providing for administration from the county to the sub- county, to the ward and to the village. That was for a good reason that you want the Government to be closer to wananchi . You want the county government to be felt at the local level. Again, the County Governments Act provided for the system of administration with the kind of administrator that needs to be appointed or installed at those levels. The sub-county administration will be headed by the sub-county administrator. At the ward level, we have the ward administrator. At the village level, we have the village administrator together with the village council. These structures are meant to ensure that people are able to participate in governance. We have raised concerns and valid issues in this House about the cosmetic public participation processes that are going on in the counties. We have seen in our counties misplaced priorities. In my county, for example, we have situations where a lot of resources are allocated to very useless projects yet the very serious issues that need to be addressed and our resources at the county level to be disbursed into supporting those programmes, are never done. For example, we have a gate that cost millions of money in my county, that is, the Kshs50 million gate. Mr. Temporary Speaker, Sir, if a county government can spend resources to build a gate telling us that we are welcome to Nandi County, source of champions, yet in the same county we have children who are unable to go to school because resources allocated to bursary were not disbursed, it could be an indication that the bursary funds were directed to building a gate which some of us in the village have always called “ sanamu ” Mr. Temporary Speaker, Sir, the prioritization of projects in the counties is wanting. One of the major contributing factors is lack of proper public participation. How do you carry out public participation if you do not have proper structures at the county level and below all the way to the village level? For you to have efficient structures at the county level, you must get the right people. That is why I support a professional county administration down to the village 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

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

Is it concerning his contribution?

Mr. Temporary Speaker, Sir, yes.

You are late.

Mr. Temporary Speaker, Sir, I stand to support this Bill. Whether we agree with this Bill or not, we must all congratulate Sen. (Prof.) Lonyangapuo for bringing out these issues for discussion. Our Constitution is skeletal in nature like all constitutions and it includes this aspect of county Governments. Within the County Government Act, we have the Sub-County, Ward and Village administrators. However, we do not have functions of these administrators clearly spelt out. The end result of it is that, at the moment, not only are we competing with the administrators; District Officers, District Commissioners and the chiefs from the National Government, they do not have, in practice, any function. The only ones we see on the ground are part of the campaign machinery of the current governors. To that extent, it is important for this Senate to discuss the issue and come to a conclusion whether we agree with Sen. (Prof.) Lonyangapuo in full or in part. This is a topical subject which the nation requires to look into. Mr. Temporary Speaker, Sir, among the things which the Bill has brought out is the way these administrators are recruited and the kind of qualifications they should have. The fact that the Bill has proposed that they exit with the governor at the end of the term of the governor is a small issue. Even in the national Government, we have had people like D.C or County Commissioners in the past, who have been recalled to occupy any other Government office. I urge the sponsor of this Bill, Sen. (Prof.) Lonyangapuo, to consider an amendment so that instead of these officers exiting at the end of five years, they should be retained in the service. This is a government. The County Government has probably 3,000 to 4,000 members of staff. These officers who are either diploma or degree holders can occupy any other position. However, they should continue being ward administrators without the concurrence of the incoming governor. I urge the sponsor of the Bill to reconsider sending them home. The other option could have been for the Bill to spell out clearly the send-off package. In any case, we should do it for many more members of the county governments. As we have them now, the county governments are not like the national government where an officer can go to many other positions. Many of them would like to leave and do something else. If we have a proper good package for these administrators or any other officers in the county governments, it is quite in order. We are at Second Reading Stage. I call upon my colleagues to pass this Bill the way it is. In principle, let us say yes to the Bill. Many Members have issues with Clause No.139, the one of going home. If any of us has reservations about a particular clause, let us consider it at the Committee Stage before we go to the Third Reading. This way, we 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. Abdirahman!

Mr. Temporary Speaker, Sir, I want to add my voice to the debate on this Bill sponsored by Sen. (Prof.) Lonyangapuo. Indeed, it is a great effort to prepare a Bill. However, when there are certain issues which may not really serve the people, in the near future, it is good to take precautions. We should look at exactly what may not be useful. A number of my colleagues have canvassed with a view to reject it. I belong to the category who may want to reject it, not in its entirety but certain aspects that may not be right. Indeed, Sub-County Administrators are the equivalent of either the DCs and DOs in the national Government structure. Sending them home after every five years will impact negatively on the county civil service structure. Governors may not be very good people. They have a very bad approach in terms of running affairs of county governments. They do not consult on priorities in terms of development and a number of them have assumed that the executive at the county level is more or less like some place they manage like their own. In the operations of the national Government, now and in the past, it is only the Ministers, Assistant Ministers and the Permanent Secretaries who go home after every five years. The reason is that the remaining number of civil servants have institutional memory and even for career progression. For example, if one is recruited today, within a minimum of five years, they are expected to grow to the next level in terms of job grades and professional expertise and experience. If people are recruited every five years, that is politicizing the civil service at the county level. It does not help.

I totally reject the clause that says that they should go home every five years. If we do that, there is going to be low morale of staff at that level; merit will be thrown out of the window. We will create thousands of jobless people every five years. These people will have nowhere to go. These are the counties they come from. We can reshuffle them if there are issues or have other proposals.

What is it, Sen. (Eng.) Muriuki? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. Is the Senator for Wajir in order to say that they are going home when the voice in this House is that they stop being administrators so that they can be employed into anything less within the county governments? Just like the administrators in the national government, one can stop being a DC and proceed to be a director somewhere. They are not going home.

Sen. Abdirahman, respond to that.

Mr. Temporary Speaker, Sir, I am in doubt whether my good friend, Sen. (Eng.) Muriuki has understood the concept. He is talking about deployment. Sending them home means recruiting new people. If one is recruiting new ward administrators, it is not as good as deploying them. That is my understanding. They can be deployed. How can one redeploy all ward administrators? There is no logic. I appreciate the lack of proper schemes of service and a mismatch of grades. In terms of salaries, there could be people who have been employed without the requisite educational qualifications in one instance or the other. That, however, does not warrant the total sending away of ward administrators. We can demand an audit to ensure the county executive takes stock of how many of these ward or sub-county administrators lack the requisite skills, expertise and necessary qualifications to stay in these positions. For those important reasons, I do not agree with that bit of the Bill. I have heard colleagues complaining about some ward and county administrators who are used by governors to run errands and prepare rallies for them with a view to blocking Senators or disrupting rallies. I would propose that we establish a code of conduct. What manages the Civil Service is the establishment of a code of conduct that helps maintain morality, ethics and all that a civil servant is expected to have. We have many possible options that we can use to curb excesses of people at any level of the civil structure. Mr. Temporary Speaker, Sir, I support the bit of the Bill that talks about qualifications for sub-county administrators, that pegs it at a university degree level and a diploma level for the ward administrators. However, I do not support the bit that seeks to render jobless thousands of employees of county governments. The unemployment rate in this country is high and devolution was a Godsend. It has helped to employ thousands, but the drivers of those seats at the county level – the governors - who many at times have decided not to listen are to blame for the number of the messes in our counties. I will stop at this and hope that we will have the necessary amendments. I support that small bit, but oppose the other one.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity. I want to thank the Mover of the Bill who is my friend. However, on this, we are not friends. I do not support the Bill with reasons. This Bill will bring challenges in terms of continuity of service delivery in the county governments. As my able Senate Deputy Minority Leader said, institutional memory will be lost. For us to protect the institutional memory, we should not tamper with the staff working for county governments, including administrators. I do not agree with the Bill simply because it will bring a lot of challenges and deny the marginalized groups, including people with disabilities, employment opportunities. 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. Bule?

Sen. Bule, hold your horses. You are completely out of order. Sen. Cheruiyot.

Thank you, Mr. Temporary Speaker, Sir, for giving me this chance. I rise to support this Bill. Today, I have learnt something. Many times I refer to the Senate as the House of the slightly aged or the elderly. I have realised how useful they are, especially to us, young parliamentarians. I walked into this Chamber today with the intention of opposing this Bill. However, I had a chat with one of the slightly elderly Senators and he inducted me well into the practices of Parliament. Sen. (Eng.) Muriuki asked me two questions which informed my position on this Bill. One, was whether I am opposed to this Bill in its entirety, which I am not. He also asked me if there are any good things that I see out of this Bill. Having answered in the affirmative, he informed me that when I am faced with such a dilemma, a smart parliamentarian - I wish to encourage other Members who find themselves in a similar dilemma – would support the Bill at this stage and then push for the amendments at the Committee Stage. That is what I have opted to do. 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. Cheruiyot, we are not discussing persons who are not part of this 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

Mr. Temporary Speaker, Sir, I was referring to a poem and I was giving directions to the good professor on how he may get the poem. He may have a challenge and being a mathematician, he may not know many things about poems.

Proceed.

Mr. Temporary Speaker, Sir, I commend Sen. (Prof.) Lonyangapuo for thinking outside the box as may be put. The Bill may not be popular in some quotas but its implications are far reaching because it is about reforming the public service in the counties. With those many observations, I beg to support though with the promissory note handed over to the sponsor of the Bill and the Committee that some of the concerns that have been raised are addressed. Thank you.

Sen. Cheruiyot, you can move those amendments yourself. The amendments can be moved by the sponsor of the Bill or by any other Senator. Therefore, you have the latitude to move the amendments yourself.

Mr. Temporary Speaker, Sir, I acknowledge the presence of the students and teachers from Olodariak Boys Secondary School which is one of the schools in my county. It is situated below the escarpment of the Rift Valley. It is one of the areas that experiences hardship because it is in an arid area. However, it is a good school and the students have been performing very well. It is a new school, but I must applaud the work of the teachers. I am proud when teachers accompany their students here. I am proud to be associated with them. I also urge other schools in our county to follow suit so that the students get mentors from public institutions like this one.

On a point of order, Mr. Temporary Speaker, Sir. Before my good friend, the Senator for Kajiado County proceeds to discuss the Bill, I would like to recognize the presence of these students and their teachers and say that there is an evil spirit roaming around schools right now. Some schools have ended up burning their dormitories. 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 join my colleagues in appreciating and welcoming the boys and their teachers from that school with a very difficult name.

It is called Olodariak Boys Secondary School.

Mr. Temporary Speaker, Sir, it sounded different when the Senator for Kajiado County mentioned it.

Mr. Temporary Speaker, Sir, the name of the school should not define the school. They say that a rose by any other name will still remain a rose. I would like to encourage the boys by urging them to look at this House. There is a misconception that this is a House of elders. However, there is proof that there are young people like Sen. Kajwang, who is speaking, Sen. Cheruiyot, the Senator seating on the Chair and even Sen. (Prof.) Lonyangapuo, who is young at heart. Therefore, they should not feel like the interests of the young people are not taken care of in this House. We have people who are physically young and those that are young at heart. Sen. Bule, for instance, is very young in spirit. More fundamentally, you come from a beautiful county. I had the opportunity of walking around that county during a by-election in Kajiado Central Constituency. Your county is endowed with a very rich culture. I urge you not to forget about your culture for the cheap western one. Uphold and cherish your culture while making the best out of it. You are also lucky that you come from a county that acts as the bedroom of Nairobi. I am not sure whether it is the bedroom or the bar for Nairobi County where people gather in the evening. Your closeness to Nairobi means that you have serious economic opportunities and potential. When you go back to school, work hard. Do not aspire to work in Nairobi. Please, aspire to work and build a career in Kajiado County. That is how you will make this country great and support devolution.

I can also confirm that Sen. Mositet is young both at heart and in spirit.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to recognize this young breed of future leaders. Worth noting to them is that we disagree many times in this House. I am sure that in the course of their time in the Public Gallery, they will notice that we seldom disagree with each other, but we do it in a civil manner. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I also wish to welcome the young leaders of tomorrow who are present at the Senate today. I wish them God’s blessing and urge them to work hard. They should read and understand what they are being taught. They should not cram. They may never get a chance for revision and before they know it, they may find themselves standing where I am today and you will have to remind yourself of what you saw today. I am proud of you. Parents work so hard. I am talking as a mother because we carry children for nine months, give birth, bring them up and pay school fees. Parents want to be rewarded by you being responsible and disciplined citizens. We do not want to hear things such as “Project X”. Please, maintain discipline according to the culture that you have been taught and spiritual guidance that you have been given. The education that you have been given is not for nothing. I wish you well and hope to see you at the next level when you invite us for not only weddings, but graduation ceremonies as well.

That is Sen. Sijeny, the sponsor of the famous Reproductive Health Care Bill (Senate Bill No.17 of 2014) that seeks to ensure that our children in secondary schools learn and get the opportunity to know more about their reproductive health. Please, proceed, Sen. Bule

Mr. Temporary Speaker, Sir, I join my colleagues in recognizing the presence of students and teachers of this school which I cannot pronounce its name. I thank you for coming to learn from this Senate. It is a House of elders. Though there might be youthful leaders, they are also elders at heart and professionally. During our time, we had problems in school. However, the problem is not the school. It is parents who are not empowering our children according to the African culture. This school is better because they are empowered by the culture of their communities. They uphold the standard that all schools ought to have. I congratulate teachers and students of this school for that. You have to stick to what you learn here. Hon. Senators come from different counties with different cultures. This diversity is important. The western culture pollutes our nation. Nowadays, young boys in school adorn Rasta and earrings. We need to curb this. We used to be caned in school. I used to receive 10 strokes of the cane on the buttocks. That is why I managed to be here. However, nowadays, there is no corporal punishment. There are just simple instructions. You have to follow the simple instructions given by your teachers and parents. You are the leaders of tomorrow.

For the information of the students, that is Sen. Bule, the Senator for Tana River County. Proceed, Sen. (Prof.) Lesan. 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 join my colleagues as well in congratulating the students who have come to visit us in the Senate. We appreciate students who come here so that we can communicate with them. We are aware that the Ministry of Education is continuously making decisions that will affect the students. We urge the students, especially, when they are in the House here to consider some of those measures that the Ministry is taking in order to ensure that they have a good learning environment. I am sure the Cabinet Secretary for Education will make pronouncements very soon regarding the use of mobile phones in schools. We ask the students to consider this passionately and seriously. They should not make this a very big issue that will cause conflict in schools, and probably make it difficult to manage schools. A mobile phone is a gadget that we can manage very easily. It can be very useful to us. However, we must impart and suggest some ways in which this gadget can be used in school in agreement with the students. This gadget can either be available to be used in schools with some regulations or be removed completely from the school environment. When this decision is made, we should not fight over it. We should fight over the loss of infrastructure of institutions of learning. Mr. Temporary Speaker, Sir, I urge the students to participate in this process. It is in their interest. We are setting the school environment conducive for learning. They should use this environment as such without any interruption from issues that we can discuss and agree on. With those remarks, I congratulate the students and wish them well.

Our message to students and schools is to expand the space and platform of dialogue in our schools. Proceed, Sen. Mositet.

Mr. Temporary Speaker, Sir, let me appreciate the Senate. It is the House where we have the best brains in this country. Hon. Senators go through a number of acts or issues confronting this nation and come up with laws to guide this nation. I congratulate my colleague, one of the most vibrant Senators in this House, Sen. (Prof.) Lonyangapuo. Ward and county administrators should note that there must have been some good elements in the Bill as drafted by the Senator. There was no need for them to panic and come up with associations to lobby for the rejection of the Bill. We have the Council of Governors (CoG) as per the Constitution. After that tier, because of the workings and progress of implementation of the new Constitution, we also came with the County Assembly Speakers Forum (CAF) and the forum of the clerks of the county assemblies. I was informed through a text message that we now have another forum called the ward or county administrators’ forum. This is healthy. However, let us form these forums when we are not in a panic mood where we can lobby for the best of this nation. In the Bill, the hon. Senator is suggesting that administrators will be employed through a competitive process which will not be marred by nepotism and corruption. Elected leaders, for instance, governors, Senators, ward representatives or Members 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

We proceed to Sen. (Prof.) Lesan.

Bw. Spika wa Muda, kwanza, nampongeza aliyeleta Mswada huu kwa sababu ni muhimu sana. Haya si mambo ya kufanya kwa haraka. Kwa hivyo, ni vyema tuyaangalie kwa undani. Ninawakilisha watu wa Kaunti ya Tana River ambao wengi wao hawakuwa wanawakilishwa kisawa. Jambo kama hili linafaa kuangaliwa kwa undani. Katiba mpya ililetwa kwa sababu machifu hawakuwa wanawakilisha vyema wananchi. Walifaa kuwawakilisha wananchi, kujua shida zao na kuziwasilisha kwa Serikali lakini hawakuelewa kazi yao ni nini. Ninapinga baadhi ya vipengee katika Mswada huu kwa mfano sehemu inayosema kwamba machifu watafutwa kazi. Ni lazima tuangalie jambo hili kwa undani kwa sababu machifu hawakuajiriwa ili kuwakilisha magavana. Hata hivyo, wamekuwa wakitumika vibaya na magavana ambao wametumia vibaya fedha za kufanyia maendeleo katika kaunti zetu. Kwa hivyo, ni lazima tuangalie mambo hayo kwa sababu machifu waliteuliwa kutoka kwa wananchi na ni wananchi wanaolalamika kwamba machifu hawahitajiki tena. Mtu yeyote anayewakilisha wananchi, awe chifu, mkuu wa taarafa au mkuu wa wilaya, lazima aelezwe kwa uwazi kuwa hakuajiriwa kumwakilisha gavana na kuendeleza unyakuzi wa ardhi na fedha bali kuwakilisha wananchi wanaoishi naye. Wakati machifu na wakuu wa wilaya walikuwa wanaandikwa kazi katika kaunti yangu, nilimwambia gavana kwamba kila jamii inayoishi Tana River lazima iwakilishwe. Tukizungumzia kuwaachisha kazi machifu, wakuu wa taarafa au wakuu wa wilaya, haimaanishi kwamba tunataka kurekebisha au kuelekeza Wakenya kwa njia iliyo bora zaidi kuliko tulivyo sasa hivi. Tusiwe na chuki na magavana na watu wengine kwa sababu magavana ni wapita njia; leo tuna huyu na huenda kesho tukawa na mwingine. Hata wewe huenda ukawa gavana. Tunahitaji sheria dhabiti ya kuwawezesha wawahudumie Wakenya. Kwa hivyo, marekebisho yanayohitajika ni kubainisha wazi kazi ya machifu, wakuu wa taarafa na wakuu wa wilaya. Tangu waandikwe kazi, hakuna kazi muhimu ambayo wamefanya. Kazi yao ni kuwapigia debe magavana, kuenda kufanya kampeni ya magavana na kazi zingine ambazo sio zao. Huko kaunti yetu, hawa ni wale watu wakuweza kuleta amani baina ya jamii ambazo zilizozana, wale waliojisikia kwamba hawakuwakilishwa wamewakilishwa sasa hivi. Ni lazima wahakikishe kwamba watu wao wamepata maendeleo ambayo walikuwa wamekosa na walikuwa wanahitaji. Lakini haya yote yalikuwa ni kwa sababu ya wakati wa mpito. Miaka tatu iliyopita, Kenya hii tulikuwa katika mpito. Mpito ni kusema kwamba tulikuwa “ transitional period ”. Wakati huo, kila mmoja aliyeandikwa kwa kaunti au alikuwa anafanya kazi kwa kaunti, ilikuwa ni mzozano. Wawakilishi wa kaunti ambao walichaguliwa na wananchi kufanya oversight, hata hao walikuwa wakikimbia nyuma ya gavana na kufanya jambo ambalo sivyo. Lakini sasa hivi, kila mmoja ameelewa na kuwajibika ndio tunaona kila jambo la kaunti linaenda vizuri. Ndio tunaona hapa wengine wako kikaangoni. Kwa hivyo, ninaunga mkono---

Sen. Bule, umesema wengine wako wapi?

Bw. Spika wa Muda, nimesema kwamba wako katika mahojiano makali ya Maseneta kuwahoji kuhusu uvujaji wa fedha za jamii na mambo yale yote waliyokuwa wakifanya. Ukweli wa mambo sasa uko mezani. Baada ya muda kidogo, wananchi watajua ukweli wa mambo uko wapi. Wale waliokuwa wakisema kwamba Maseneta wamefanya nini, wapelekwe nyumbani, nataka wanisikize. Wananchi wa The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is it, Sen. (Prof.) Lonyangapuo?

Hoja ya nidhamu, Bw. Spika wa Muda. Nitajaribu Kiswahili. Sen. Bule anasema wengine ni “kijiko cha magavana”. Anamaanisha nini? Naomba afafanue.

Sen. Bule, pia fafanua kwamba machifu na manaibu wa machifu unao--- let me put it this way; you have mentioned the chiefs, theassistant chiefs and the District Officers (DOs). I hope you need to clarify because theBill does not deal with chiefs and assistant chiefs.

Bw. Spika wa Muda, tukizungumzia administrators, tunamaanisha ya kwamba hawa tukiwa tunaita kwa lugha yoyote ile, ni watu ambao tumewaandika kutatua shida za Wakenya, wawakilishe wananchi ambao hawakuwakilishwa au walikuwa na shida tofauti hapa na pale ili tuwalete karibu na Serikali. Ugatuzi ni kuleta serikali mashinani. Kwa hivyo, walipoletewa serikali, hatutaki machifu hawa watumike vibaya na magavana. Hiyo ndiyo sababu nilisema ya kwamba wasiwe sahani au kijiko cha magavana. Wanafaa wawe watu wa kuwakilisha wananchi wanaotaka huduma kwa karibu. Bw. Spika wa Muda, tunataka marekebisho kwa machifu yawepo lakini wawekewe kwamba tukiwafuta leo, tuandike wengine. Hata mimi pengine nitakuwa gavana, na ninaweza kuwatumia vibaya. Kwa hivyo, mtu yeyote ambaye ameandikwa huko kwa kaunti kufanyia Wakenya kazi na wala sio gavana--- Kitambo Rais mstaafu, Bw. Daniel Toroitich arap Moi, alikuwa anawaambia machifu kwamba kama mambo ya usalama haitaimarika, walete sare zao za kazi. Kwa hivyo tunasema kama usalama hautaimarika na ufisadi hautatambulika, ni hao hawakuwajibika. Kwa hivyo, warudishe sare zao za kazi. Lakini tusiwafute kila baada ya uchaguzi – hawakuchaguliwa na wananchi. Wameandikwa na serikali ya wananchi. Bw. Spikawa Muda, nafikiri haya yanaeleweka kwa uwazi. Kwa hivyo, nasema kwa magavana, ole wenu. Tunasema kwamba gavana asitumie administrators kama vyombo vya kampeni. Leo hii, naona wengine wananitafuta na wengine hata sijawahi kuwaona. Wakati ambapo walikuwa wanachaguliwa, mimi nimesimama wima na kusema kila jamii lazima iwakilishwe. Mambo ya kura au kuchaguliwa si ya kuelekeza vile wananchi watachagua. Lakini haya ya kuandika, lazima tusimame imara kama viongozi kwa sababu tumeletwa hapa kwa sababu tunahitaji marekebisho na ni hili Bunge la 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! Your time is up. Asante!

Mr. Temporary Speaker, Sir, first, I thank the Mover of this Amendment Bill, Sen. (Prof.) Lonyangapuo. When I was at the university, he was already a renowned professor. In that university, I was leading students as a Secretary General and Sen. (Prof.) Lonyangapuo later on led the institution. So, at times when I am in doubt between the Constitution and Sen. (Prof.) Lonyangapuo, I tend to trust him more because he is older than the Constitution. In this particular matter that the Sen. (Prof.) Lonyangapuo has brought before us, let me make it very clear to county administrators who are following this debate because I have received many comments, texts and whatsapp messages that county administrators are following this debate keenly. When a Bill is presented to this House, it can be rejected in totality or accepted with amendments. When my colleagues support the Bill but propose amendments, it is in order. It does not defeat what the expectations of the county administrators are. I personally support this Bill but with amendments. Allow me to mention the areas that I support and the areas that I believe we can do better. One of the key things that the debate on this Bill has missed, particularly within the media and also in the circles of the leadership of our counties--- I saw there was a gathering at Bomas of Kenya. I am not sure how that grand event was funded. It is not easy to bring all ward and sub-county administrators to Nairobi City County. Someone must foot that budget. All the same, the debate there missed a significant point that is being advanced by Sen. (Prof.) Lonyangapuo, that, we must have minimum academic requirements for these positions. Mr. Temporary Speaker, Sir, Sen. (Prof.) Lonyangapuo is very clear that to be a sub-county administrator, you must have a degree plus relevant experience 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. Temporary Speaker, Sir.

What is it, Sen. (Prof.) Lonyangapuo?

Mr. Temporary Speaker, Sir, I beg to move that pursuant to Article 107 (1) (c) and Standing Order 18, the Senate elects Sen. (Prof.) Wilfred Lesan to preside over the proceedings of the Senate for the remainder of the day. I request Sen. Wetangula to second.

I hope the Chair is not running away from the House. I second.

The Senate Minority Leader, you are out of order. The Chair cannot possibly want to run away.

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

You may proceed, Sen. M. Kajwang. You had a balance of two-and-a-half minutes. The Chair may decide to add you a few more but for now proceed.

(Sen. (Prof.) Lesan): You are granted.

Thank you, Mr. Temporary Speaker, Sir. If they are involved in indiscipline and political activities among other activities that are inconsistent with their job description, the County Public Service Board should have the power to discipline them. In conclusion, may I inform the governors and those who were at Bomas of Kenya saying that the Senate is the enemy of devolution, that through their actions and utterances, they are the ones who are making devolution stink. They should have had confidence that this Senate has got the right mental frame, interest of the nation and that when a Bill is before this House, we are not going to close our eyes and vote. The voting The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, this Bill is one that my good neighbour, Sen.(Prof.) Lonyangapuo, has extensively talked to me about right from the time the ideas were evolving in his head. I am sure that he has not talked to me alone, but to other people as well. Devolution is a great constitutional gift to the people of Kenya. In fact, 70 per cent of the ‘Yes’ votes for the new Constitution was because of devolution. Kenyans were sick and tired of the corrupt centrist system. Not that the system has collapsed, but it is creeping back with even greater force. However, Kenyans wanted to devolve resources, authority and politics so that we can have people in the countryside doing exactly the same things if not better than we do in Nairobi. The devolution dream was stolen and ruined after the Bomas of Kenya talks. At the Bomas of Kenya, where devolution was born, there was a very good agreement that the country was going to have 16 regions which were not then called counties. Those regions are sufficiently large in terms of physical size, population, economic capability and could stand on their own. At that time, we agreed at the Bomas of Kenya that we were going to have Central Province as was then split into two, Rift Valley Province into three, Western Province into two, Nyanza Province into two, Eastern Province into three, North Eastern Province into two, Nairobi as an extra territorial region while the good people of the Coast Province opted to remain one. Mr. Temporary Speaker, Sir, you can imagine the size and the economic capacity of Coast region together; Lamu, Kilifi, Taita Taveta, Mombasa and Kwale. That is very viable. When you go Rift Valley, you will find small counties like Bomet. That is without any prejudice to you, Chair, it is physically small. When you also go to Eastern, you will also find a small county like Tharaka-Nithi with only two constituencies. Vihiga County in my region is also very small. If we had the economics of scale to devolve economics, requires a serious unit like the Majimbo units at Independence where the country was divided in seven regions plus Nairobi. That way, you would find a serious regional parliament in Kakamega, Nakuru, Kitale and others in Meru, Machakos, Mombasa and Nyeri. We probably would have grown much better. However, opportunists jumped in and completely destroyed the dream until we reached an unreasonable comprise. Everybody wanted their region to be a county. Some constituencies wanted to be counties. Any district as at 1994 was going to be a threshold and became a county. That is why you find Bomet is a county equal to Nakuru or Tharaka-Nithi is a county equal to Meru. These were districts that were curved out by retired President Mzee Moi to reward political cronies. They were never given on any rational thinking. He just sat and said: “The late hon. Kones is a good man, give him a district, so-and-so is a good man, give him a district, the late hon. Mudavadi is a good man, give him his Vihiga.” These are the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Lesan): There being no other interest to contribute, I now ask the Mover to reply.

Mr. Speaker, Sir, Sen. Wamatangi was held up. He kept communicating that he wanted to contribute and he arrives when I am on the Floor. So, I can give him some few minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Rescind the decision and give him an opportunity.

Mr. Temporary Speaker, Sir, it is okay. I thank colleagues for ably contributing to this Bill. It has been mentioned that this Bill is not intended to mess up the anchor of devolution but to strengthen it more than it is and correct what seems to have not gone right. Sen. Wetangula has even talked about the realignment of the former provincial administration by the national Government. We are only dealing with the amendment to the County Governments Act here that may need to be re-looked at seriously as well as with the good intention of making our laws better for the sake of this nation. The essence of this amendment as Members have rightly put it, is to make the office very attractive and have the necessary qualifications for the person sitting at that level. When we talk of sub-county administrator, we are talking of an equivalent of a National Assembly Member of Parliament. What are the qualifications of that person at that level? It is because we are dealing with the same area of service. What are the qualifications of a District Commissioner (DC) and so on? What is coming out here is that ---

You do not have to finish. You can carry on tomorrow. Do not rush it.

Mr. Temporary Speaker, Sir, can I continue?

If you want justice for your Bill, you can carry on tomorrow. When it gets to 6.30 p.m. you will be time barred.

(Sen. (Prof.) Lesan): Okay. The Mover will still have 10 minutes to continue replying.

(Sen. (Prof.) Lesan): It is now 6.30 p.m. it is time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Wednesday, 20th 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