Honourable Senators, I wish to welcome you back a few days after the commencement of our August recess and thank you for finding time to attend this Special Sitting of the Senate. I am certain that each one of you has a loaded schedule of events at your respective counties. I am sure it is because of the value you attach to the business of the Senate, especially the consideration of key business such as the County Governments Cash Disbursement Schedule, that you have created time to be here to dispose of today. Honourable Senators, the County Governments Cash Disbursement Schedule for the Financial Year 2016/2017 was sent to us by the national Treasury and received at the Senate on Friday, 29th July, 2016, after we had already adjourned for the August recess. Consequently, Hon. Senators, considering the need to approve the Schedule, to enable disbursement of the much needed financial resources to the county governments and the need to conclude consideration of Bills awaiting Divisions at various stages, the Majority Leader, pursuant to Standing Order No.29(1) of the Senate Standing Orders, requested the Speaker to appoint a day for a Special Sitting of the Senate to consider the County Governments Cash Disbursement Schedule for the Financial Year 2016/2017 and other urgent business pending before the House. The request which was made vide Letter Ref. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. Thank you for your communication. As per our Standing Order No. 29, it is clear that this kind of request can be made by either the Majority Leader or the Minority Leader. It is not written that they must both agree on that kind of request. I raise this because the Coalition for Reforms and Democracy (CORD) fraternity is unhappy and we have received messages from the leadership that the Majority Leader did not consult the Minority Leader on the calling for this Special Sitting. However, looking at all factors, it would be prudent and important that the convener should have been in the House with his 15 Member supporters. Mr. Speaker, Sir, evidently, you can see that the Leader of Majority is not in the House and the Majority side has only two Members. I raise this concern because I think there is a game that must not be accepted in this House by the leadership of the political parties.

Order, Members! I have nothing more useful to add to what Sen. (Dr.) Machage has said. Those sentiments are very clear and I agree. But we are here, we will proceed. 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

Order Senators! I wish to report to the Senate that pursuant to Standing Order No. 40 (3) and (4), I have received the following message from the Speaker of the National Assembly regarding the decision of the National Assembly on Senate amendments to The Natural Resources (Classes of Transactions Subject to Ratification Bill) (National Assembly Bill No. 54 of 2015) and the Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015). Pursuant to the provisions of Standing Order Nos. 41 and 142 of the National Assembly Standing Orders, I hereby convey the following message from the National Assembly:- WHEREAS, the Natural Resources (Classes of Transactions Subject to Ratification Bill) (National Assembly Bill No. 54 of 2015) was published via the Kenya Gazette Supplement No. 139 of 18th August, 2015 to give effect to the provisions of Article 71 of the Constitution by providing for classes of transactions subject to ratification; WHEREAS, the Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015) was published via the Kenya Gazette No. 133 of 11th August, 2015 to give effect to the provisions of Article 69 of the Constitution with regard to conservation and management of forest resources and to repeal the Forest Act of 2005; WHEREAS, the two Bills were passed by the National Assembly on Wednesday, 9th March, 2016 and Thursday, 17th March, 2016 respectively and referred to the Senate for concurrence; WHEREAS, the Senate amendments to the said Bills were received on Tuesday, 19th July, 2016 and considered on Tuesday, 2nd August, 2016 and Wednesday, 3rd August, 2016; FURTHER WHEREAS, the National Assembly agreed with the Senate’s amendments to several clauses of the Bills safe for the amendments to the New Clause 9 (a) of The Natural Resources (Classes of Transactions Subject to Ratification Bill) (National Assembly Bill No. 54 of 2015) and Clauses 9, 72, 75, 77 and the Third Schedule of The Forest Conservation and Management Bill (National Assembly Bill No. 49 of 2015); NOW THEREFORE, in accordance with the Provisions of Article 112 of the Constitution and Standing Order No. 149 of the National Assembly Standing Orders, I hereby convey the said decision of the National Assembly to the Senate and seek the appointment of Senators to the Mediation Committee in respect of the said Bills. Honorable Senators, Article 112 (1) of the Constitution provides that if one House passes an ordinary Bill concerning counties and the second House passes the Bill in an amended form, they shall be referred back to the originating House for reconsideration. Further, Article 112 (2) (b) of the Constitution provides that if after the originating House has reconsidered a Bill referred back to it under Clause 1 (b), that House rejects the Bill as amended, the Bill shall be referred to a Mediation Committee under Article 113. 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 beg to lay the following Paper on the table of the House today, 5th August, 2016:- The County Government’s Cash Disbursement Schedule for the Financial Year 2016/2017, for the period July, 2016 to June, 2017. Thank you Mr. Speaker, Sir.

Next Order!

Mr. Speaker, Sir, allow me to move the following motion:- THAT, pursuant to Section 17 of the Public Finance Management Act No. 18 of 2012, the Senate approves the County Government’s Cash Disbursement Schedule for the Financial Year 2016/2017 for the period July, 2016 to June, 2017 laid on the table of the Senate today, 5th August, 2016. Thank you 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

seconded.

Sen. (Dr.) Machage.

Order, Sen. (Dr.) Machage. What are you doing?

Mr. Speaker, Sir, I am moving.

(Hon. Ethuro)

Since nobody stood up I was replying.

(Hon. Ethuro)

Thank you, Mr. Speaker, Sir. First, I want to thank the Senator for bringing the Motion. Indeed, this Motion will ensure that we disburse funds to the counties. The Schedule will for the time inform the counties and guide the Senators regarding how the National Treasury will disburse monies every month. Whenever there is a delay in disbursement of monies to any county, the respective Senator will be able to follow up. Having said that, it is worrying that while we are disbursing all these monies to the counties, we do not see a lot of impact. I want to challenge the Chairman of the Commission on Revenue Allocation, Mr. Cheserem, that when we will be reviewing the sharing formula, we should not us per capita but percentage. When we use ‘per capita’ some counties are assumed to be doing well yet that is not true on the ground. If the formula is based on percentage, we will review the allocation to many other counties. Mr. Speaker, Sir, when devolution started we had a lot of teething problems in terms of procurement and supplies. A number of suppliers have not been paid up to date. I would recommend that that we should have a meeting with the Auditor General, the Controller of Budget, the National Treasury and the procurement team before we go for the elections. This is because procurement in the counties was not done right. In some cases the Controller of Budget has receipts showing that procurement was done, but that is not the case on the ground. We also need to agree on how the suppliers will be paid. The schedule that was sent by the Treasury shows that we have Kshs32 billion still lying at the Treasury. The Treasury, therefore, needs to explain why this is the case. Were the counties unable to get their monies by the close of the last financial year because of the challenges of procurement? I know that the Committee that deals 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, thank you very much for the opportunity to contribute to this very important Motion. Right from the outset, let me start by expressing my surprise at what was said by my colleague, Sen. Dr. Machage, about receiving text messages for a certain section of this Senate not to come today, because, apparently, there was no consultation between the leadership in the House. I know Sen. (Dr.) Machage to be a man of honour. Coming from him, I can say without fear of contradiction that, yes, that kind of direction must have come. I commend him and all those from the Minority side who have come to finalise the business of this House. It is not a small thing that you have called us from recess which we had just commenced by a gazette notice, to come this morning and transact this very important business. I have read Standing Order No.29 and it is quite clear that either the Senate Majority or the Minority Leader can requisition you for a special sitting to transact important business of the House. So, I must say that I feel very disturbed by this turn of events.If we cannot pass this important Motion, then it means – this has to be a vote by county delegations – that disbursement to counties will delay further and affect the conduct of business in counties. Sometimes we understand some of the problems that could be there. Those of us who support devolution so much are a lot of times frustrated by seeing the amount of work that we do in the Senate. We work out the formula for the division of revenue that goes to the counties. When the money goes there, we do not seem to see exactly what it does on the ground. Many times, we are told that the money is insufficient because most of the money goes to recurrent expenditure and very little to development. However, many counties including the one that I represent, even if it is only 40 per cent left for development, it is not visible on the ground.You cannot see exactly what that money has done in the counties. One of the reasons is that the Senate passed the County Development Boards Act which was duly assented to but the governors took the matter to court where it is still pending. Devolution is not and cannot be a finished product; it is always work in progress. That is why, we in the Senate in our wisdom, believed that in these early stages of devolution, it would have been good for the counties, devoid of egos, for people who are elected, to sit together and come out with what is best for each of the counties, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Bw. Spika, nashukuru kwa kunipa nafasi hii ili niunge mkono Hoja hii. Kabla sijazungumzia Hoja hii, leo nina huzuni sana kwa sababu tumeitwa hapa ili tuzungumzie mada hii ili tusaidie kaunti zetu zipate pesa za kufanya maendeleo na kujenga uchumi. Lakini leo asubuhi tulipata ujumbe kwamba Maseneta wa Coalition for Reforms and Democracy (CORD) wasije hapa kwa sababu uongozi wa Seneti haukukubaliana kuwe na kikao siku ya leo. Kwa niaba yangu na ya watu wa Taita- Taveta, niliamua kuja hapa kwa sababu katika Kipengele 96 cha Katiba, kazi kubwa ya Seneti ni kutetea serikali za ugatuzi na ugatuzi wenyewe. Kwa hiyo, nimekuja hapa kutetea Kaunti yangu ya Taita-Taveta. Tunapozungumza sasa, wafanya kazi wa Kaunti ya Taita-Taveta wameandikiwa barua na serikali ya kaunti kwamba hawatalipwa mishahara ya mwezi wa Julai mpaka tarehe 25. 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, from the onset, I wish to support this Motion. Like Sen. Mwakulegwa said, it is unfortunate that a serious issue can be subjected to the kind of egotism that some of us have displayed. On a national matter of critical importance to our counties, one would imagine that you would humble yourself to the people who have brought us here and employed us. Mr. Speaker, Sir, in addition, you would imagine that people of national stature or who claim to have national status in terms of leadership would have the humility to say to themselves, “never mind what else might have happened, this is such a critical issue. We must pass this Motion.” However, going by the rumours, some people have even gone further and advised others not to come to the House today to pass a Bill that is so critical to their counties. To say that my county should not be paid or the employees of my county should not be paid as a result of my ego, is a situation where one believes that the hat he or she is wearing is more important than the head it is being worn on. Therefore, I beg my colleagues if they are listening, to shed away this feeling of great importance, come to the House and we deal with this matter that is of critical importance to the employees of the counties and the wellbeing 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

What is it, Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. I did not want to interrupt the Senator for Nyeri. This has nothing to do with him. Have you seen the Senator for Garissa, our senior, Mzee Yusuf Haji walk in? Although everything is correct in terms of dressing; considering that jacket, do you think he is properly dressed?

Mr. Speaker, Sir, I am surprised that my colleague, the Deputy Senate Majority Leader, seems to have no business other than looking at other people’s dress.

This is the second time he has picked on my dress. I did not make this jacket. It was made by those who tailored it. I think I am properly dressed on a Friday.

Order, hon. Senators. I am satisfied that Sen. Haji is appropriately dressed. What is it, Sen. Omondi?

On a point of order, Mr. Speaker, Sir. I do not know if it is only me who has a problem with the document. The font of the schedule of disbursement is very tiny. I request that I get a document that we can read.

Order, hon. Senators. The document is being enlarged so that you can look at it better. Proceed, Sen. Kagwe.

Mr. Speaker, Sir, I hope they are holding my time.

The time used on points of order should not be used against Sen. Kagwe’s time.

Mr. Speaker, Sir, we must execute justice as we observe clearly that mistakes were made, particularly in 2013/2014 during the transition period. We observed, for example, as we discussed this matter in the Standing Committee on Finance, Commerce and Budget, that the Treasury ought to be giving us reports on the disbursements to confirm them at the end of every month. We understand that it is advertised, but this Committee and the House should not be reading reports from the Treasury in the dailies. They ought to be laid on the Table of this House by the Chairperson so that we are able to tell whether what we pass here is what is done by the Treasury. In addition, the Committee observed that the pending Bills is a matter that is affecting operations of very many companies across the counties and the country. Therefore, there is need for us to clear this matter of pending Bills once and for all. Mr. Speaker, Sir, in addition to the monthly publication of actual transfers to county governments as provided in the County Allocation of Revenue Act, 2016, the National Treasury ought to provide the Senate with quarterly reports on the status 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

Let us have Sen. Sang.

Mr. Speaker, Sir, I rise to support this very important Motion. The role of the Senate as captured in the Constitution is to protect devolution and to serve the interests of counties. It is sad that today, whereas any other responsibility given to this House in terms of legislation and oversight has been challenged, nobody has challenged the responsibility of this House in ensuring that counties have resources. This is one of those responsibilities that everybody in the country appreciates. It is unfortunate that when we are faced with this specific mandate, we start raising sideshows. It is saddening to hear that certain Members of this House have failed to avail themselves to pass this important responsibility of ensuring that our counties get the necessary resources. I did not come to the Senate this morning because I was invited by the Senator for Tharaka-Nithi. In fact, I did not receive an SMS from him and neither was I consulted about this Special Sitting. I came here because of the Gazette Notice from the Speaker. We, as leaders, must be serious. If we support devolution, how else do we show our support if we can avoid such an important sitting? I want to be on record as having said that Kenyans will know the leaders in this House who support devolution and those who do not. On several occasions, we have had issues and differences but none of those differences have stood in the way between us and serving our counties. It pains you when you go to the counties and realize that the governors and the Members of County Assemblies (MCAs) are complaining. The staff are unable to get their salaries while some of the contractors who have done work in our counties have not been paid. We now have an opportunity to pass this Schedule that will allow counties to move on. Instead of doing that, we are giving excuses of having not been consulted. This takes us back to where we were five years ago when we had the nusu mkate Government. Somebody would keep on saying that he was not consulted and that portfolio balance was not achieved on every other decision that was made. As a Senate, we cannot go back there. The Speaker gazetted the date for this sitting and we came here as Senators. I want to encourage my fellow colleagues who I believe are watching the proceedings of this House somewhere, it will be such a sad day if we will adjourn having not passed this Schedule. I want to persuade my brothers that I am here because I am the Senator for Nandi County. If the Senator for Tharaka-Nithi or the Senator for Bungoma are not comfortable with this, I am here in my own capacity as the Senator for Nandi 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. Murkomen! Sen. Murkomen, I hope you realize you were standing between the Speaker and the Member who was contributing.

Mr. Speaker, Sir, I stand guided. We are here for a crucial responsibility bestowed upon us by the people of Kenya under the Constitution - Articles 94, 95 and 96 - as Parliament. Parliament is here to exercise the sovereign power of the people and on behalf of the people in the Constitution. We passed the County Allocation of Revenue Bill (2016). In that Bill, Section 4(2), we provided that the county governments’ allocation shall be transferred to the county revenue fund in accordance with a payment schedule approved by the Senate and gazetted by the Cabinet Secretary for National Treasury. As we speak, we already passed the County Allocation of Revenue Bill and the Division of Revenue Bill. What is remaining to complete this chain is the passing of this Schedule, a responsibility that we gave ourselves; to ensure a clear schedule of payments to our counties. This responsibility is for this House and every Senator as an individual. We have done a very good job in regard to the Schedule before us. I am very proud of myself, representing this county called Elgeyo-Marakwet County. I was part and parcel of the Senators who negotiated the change of allocation of revenue formula. If we had used the old formula, it would not have been possible for Elgeyo-Marakwet to get Kshs3.5 billion. However, because I was part and parcel of the Senators who negotiated with those counties that were getting more money, and they thankfully allowed the tweaking of that formula, Elgeyo-Marakwet got an extra Kshs200 million. As we sit here, some people say that we only sit in Nairobi, like Sang was saying, and money would reach counties without the Senator. Money will go nowhere if today we do not vote for this Law. That is why my commitment to come to the Senate on a Friday at a time when there is a recess is a service to that county. It could never have been done by a Senator, who perhaps is pursuing business interests or loves the big-man syndrome; who would have gone around to say; that he is so and so, a presidential candidate, has not been consulted and will not go to the Senate. That kind of commitment could not have been achieved if Elgeyo-Marakwet does not have a Senator like Kipchumba Murkomen. I am, therefore, proud of myself this Friday to be here on behalf of my county first. I am not here on behalf of Jubilee or counties as a whole but to perform my responsibilities as the Senator for Elgeyo-Marakwet County. I urge the Minority Leader, 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 giving me this opportunity. It is very sad this morning that some of our colleagues have absconded from participating in this particular Motion which is very important and touching on the lives of Kenyans in this country. I do not believe that the reason given by those who are not in this House is genuine because we are punishing innocent people who do not know about issues of bureaucracy. This is very sad and Kenyans who are watching live proceedings of the Senate should hold their Senators accountable, especially those who are not here. They need to answer why they are not in this House today. Mr. Speaker, Sir, devolution has a purpose which is to make sure that service delivery is taken closer to people. The reason for us being here today is to make sure that the objective of devolution is achieved. For example, Isiolo County staffers have not received salary and this is simply because we do not plan early enough. This is our fourth year in this House but unfortunately, we do not plan early or prioritise our budget. I would like to urge county governments, especially the executives and county assemblies, to plan early and make sure that the budget is in place as early as possible.

Mr. Deputy Speaker, Sir, the other area I want to speak to is the issue of public participation in the budget preparation. This is an area that is still very weak because members of the public are not involved at all and when they are involved, they do not know how the budget is arrived and how it is being utilised. This is very serious because public participation is a constitutional provision. It is a right that is enshrined in the Constitution. We need to strengthen this particular provision as a Senate. Secondly, there is the issue of pending bills. There are very many pending bills in the county governments yet there is a Government Policy which says that you cannot use money if it is not available in your budget. I wonder why county governments keep on having pending bills. This House should look into why county governments have pending bills year in year out. This is very critical because this is a loophole where money is lost. Mr. Deputy Speaker, Sir, the other area I want to talk about is the area of development. For example, Isiolo County is the second lowest in the allocation. 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

Thank you very much, Mr. Deputy Speaker, Sir, for allowing me to contribute towards this Motion. I support it. As I look at the other side of the House, that tells you that there is a conspiracy and a well planned game to have some of the Government’s policies and Motions fail. Mr. Deputy Speaker, Sir, we were here yesterday, courtesy of Sen. Adan, who had told us that the Inspector general (IG) was to be here and we were invited through the Speaker that we come and listen. Being a Thursday and that we are on recess, people came. We were quite a number including those who are not here now. I could over- hear the Chief Whip, Sen. Elachi, reminding us that today was going to be a crucial day and we were to come and discuss issues pertaining to what we are doing now. It was well understood and well taken, only to find that some people have decided not to come and discus issues affecting our counties.

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

On a point of order Mr. Deputy Speaker, Sir. Did you notice that Sen. Karaba was pointing to the opposition benches that some people have decided not to come? Is he in order when over three quarters of the Majority Members have no people?

Much as I withdraw about the pointing, I cannot withdraw saying that some people have not come. Reasons given for coming are what is wanting; going by the fact that by yesterday, the House was almost full and they were coming to listen to the IG. Today being a Friday and a signal was given last week that there was a possibility 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

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity. I support this Motion because I, as a Senator representing Persons with Disabilities (PWDs), it touches on matters disability. As I support, I remind county governments that we are now coming to the end of the Eleventh Parliament but nothing tangible is coming out of county governments in terms of programmes for PWDs. I may be required to seek legal advice on discrimination among PWDs in budget allocation. As we sit here and discuss issues of allocation of money to counties, it is not coming out clearly how devolution is delivering quality services to the people. This is simply because the people who are interested or given the authority by Government to hold public funds have just refused to do what is right and give quality services. They are creating a big gap between the poor and the rich. As we discuss this Motion, let county governments be reminded that it is all about Kenyans and service delivery. It is not about, we, leaders. Today, let me go on record that I, as a Senator representing PWDs, represents 47 counties, as we speak, there is an outcry from PWDs that there is total discrimination in terms of allocation and service delivery by counties. My fellow leaders in county assemblies are sending PWDs to me as a Senator, that I am their representative, knowing very well that I do not have any budgetary allocation to give services to the people that I represent. We have disabled people who are representatives of PWDs in these counties. I am supposed to hold them accountable on what they have done within those counties. It is unfortunate that I cannot do so. It is because county assemblies have refused to allocate resources to them that will help to also run projects for PWD. Let me remind county governments and governors that it is high time that they think about disability, budget allocation, programmes and service delivery. I wonder why somebody should be referred to as Senator knowing very well that a Senator does not have any budget allocation. That is running away from the role that we have been given under the Constitution. It is time to hold the leaders in the county governments accountable for the raw deal that they are giving Kenyans. We must not run away from our oversight role that is provided for in the Constitution. Carrying out the oversight role is not witch-hunting. However, in this country oversight is seen as witch-hunt. That is why we do not appreciate one another. At the end of the day, we need to complement each other for us to achieve devolution. Mr. Deputy Speaker, Sir, as I end my contribution to this Motion, it will be proper if this money is allocated to groups and persons with disabilities to cover what they have lost in the previous years. I want to remind Kenyans that they have a right to petition the Senate on issues pertaining to service delivery by the leaders they elected. I will be happy if we will get the quorum to enable us to vote and pass this Motion today, so that funds can go to the county governments. I want to remind the Members of County Assemblies (MCAs) and governors that as we vote and allocate them the money, they should not tell The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir. I am here as the elected Senator for Samburu, representing the interests of Samburu County and its people. First, I would like to thank the leadership of this House because for the last three years, we have done a good job for Kenyans. We have come out strongly to defend counties and make sure that development is initiated in the counties. I would also like to thank the national Government and the National Treasury for supporting devolution. About four years ago devolution was new to this country, but now I can proudly state that it has reached the local people. The leadership of this House, from the Speaker, the secretariat and all of us from both sides of the House, has done well. I would like to urge all Senators from both sides of the House to work together when it comes to issues like this one because Kenyans are watching and they want to see the service we are giving them. For the last three years, I have noted that so many things have happened between us and the county assemblies. I am proud to say that most MCAs are on the right track. I would like to urge most of them to be on the look out to make sure that governors put the funds that we are sending to them into proper use. Most of the MCAs have no knowledge of what oversight is. I would like to urge the Senate and the county governments to provide MCAs with facilities, so that they can oversight what is happening in the counties. For example, Early Childhood Development Education (ECDE) falls under the county governments. However, most counties just construct classrooms and nothing else. They do not even buy desks, construct toilets or build kitchens for the nursery school pupils. As a Senate and as a country, we need to make sure that ECDE is properly implemented. Children must be given the right facilities. We cannot compare a nursery school in Nairobi and one in Baragoi. We need to have standard nursery schools for all our children. Whether they are born in Nairobi or North Horr, they must be given the right facilities to enable them grow together. Mr. Deputy Speaker, Sir, I would also like to touch on the issue of the bursaries. We are giving our county governments a lot of money for bursaries. I have heard that Members of Parliament and governors are giving out bursaries, but there are still many Kenyan children who are unable to access education because of lack of money. I want to urge county governments to ensure that all the needy school-going children are given the bursaries. I would also like to talk about healthcare. The national Government and the county governments are allocating money towards healthcare. Development partners like the World Bank, the Danish International Development Agency (DANIDA) and other donors also allocate money. I urge the county governments to utilize these funds properly. I would also like to urge mothers to attend clinics. Most mothers in areas like my county, Turkana and counties in the north eastern region do not go for clinics. I urge leaders, brothers and sisters, to persuade mothers to attend clinics monthly because the necessary facilities are there. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir. I support this important Motion. I would like to reiterate what the Senators have talked about with regard to devolution and the role of the Senate. Our Constitution stipulates that the role of the Senate is to safeguard devolution. The only way to safeguard it is when we discuss these matters to ensure that people in the counties receive what is theirs. We all know that devolution was not meant for a day. It is not an event but a process. In this process, each person has a role. The Senate carries out the oversight and ensures that funds are distributed and the governors ensure that the funds are used correctly. Mr. Deputy Speaker, Sir, we are here to look at this Schedule of distribution. It is a surprise that most of our Senators are absent. However, we urge them to come so that we debate the Motions and pass them. This will ensure that whatever our governors will do with these monies is strictly development in order to change the lives of the people. It is important for a leader to know that it is vital to change the lives of people. Before devolution, there were counties that did not even have toilets and water sources. Our mothers at home believe that the definition of devolution is to ensure that they all taste the cake from the national Government. How do they taste the cake? It is when we come to the House and debate how the cake is distributed evenly. The process of devolution is one where each and every person is supposed to play a role, right from the MCA to the Senator. I once attended a funeral at home and an MCA stood up and praised the governor for having built several roads with the county funds. Fortunately, I spoke after him. I told the people that without the Senate, the governor would not receive such monies. As the county residents, they have the right to demand what the governor did with the money. The MCA stood and praised the murram roads and when you look at the monies that are allocated, one wonders if that was the best they could 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

Thank you Mr. Deputy Speaker, Sir, for this opportunity. I am happy to be present in the House today to deliberate on the disbursement of funds to our counties. If possible, we should approve the Schedule so that the money can be transferred to our counties. Currently, there are serious issues whereby many county staff are threatening to strike because of non-payment of salaries. The suppliers are now complaining because of late payments. Therefore, it would have been important for all the Senators to be present - after the message was circulated – to pass this Motion. Mr. Deputy Speaker, Sir, the Deputy President is visiting my county. However, I decided to skip his visit and to be in the House so that I pass the Bill. For anybody else to fail to attend this important activity - because it forms the backbone of our work - is totally unacceptable. I take this opportunity to thank the Government. In the last Budget, my county had been allocated Kshs3 billion. As per this schedule, my county has been allocated Kshs9.5 billion. I thank the Government because I have seen a gradual improvement. In the first year, my county received Kshs5.9 billion. We will receive Ksh9.5 billon this year. This is almost double the amount that Nakuru County received in 2013/2014. Mr. Deputy Speaker, Sir, this House has done its best. We have fought to ensure that enough money is allocated to our counties. That is why devolution was mooted. It is unfortunate that despite so much money going to the counties; there are still serious challenges that wananchi face. For example, in Nakuru County, there are 11 constituencies and a population of 2.5million people. There is little happening on the ground despite the fact that after we pass this Motion, Kshs35 billion would have been remitted to my county by the Government. I would like to challenge my county assembly. The role of the county assembly is to ensure that they pass the budget of the executive and oversight on the funds that they have approved in that budget. Mr. Deputy Speaker, Sir, in Nakuru County, the Members of the County Assembly (MCAs) do not understand that for each and every shilling that has been allocated to Nakuru County, first of all, they are mandated to approve its usage, and secondly, oversight it. Majority of the people in my county think that oversight is done by the governor or the Senator. It is therefore, difficult for people to understand that the governor and the county assembly are supposed to ensure that the funds that are remitted and approved by this House are used prudently. 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

Let us have Sen. (Dr.) Machage reply.

Mr. Deputy Speaker, Sir, I have listened carefully to all Members’ comments and statements. Today’s Motion was to approve the cash disbursement Schedule as put to us by the Cabinet Secretary(CS) Finance for monthly allocations to the counties for the Financial Year 2016-2017 as per the Public Finance Act, 2014. This was a noble exercise that was to be done by Senators without fail since that is the gist of being a Senator, in response to Article 96 of the Constitution, especially Part 3 and Article 217. They describe and prescribe the role of the Senate, especially on matters of financing of county governments. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

It is so ordered.

Hon. Senators, you note that we are done with Order No.4. Just like the Speaker communicated from the Chair, Orders No.5 to10, 12 to18 all require the threshold of 24 for a Division. Order No.11 is a constitutional amendment which requires two-thirds majority vote for it to pass. Therefore, Hon. Senators, I would have to re-organize the Order Paper so that having finished with Order No.4, it is obvious that we do not have a threshold to deal with any of other Orders in the Order Paper. Consequently, I have to adjourn the House.

Hon. Senators, now that there is no other business to be transacted in the House today, the House stands Adjourned until Tuesday, 13th September. 2016. The Senate rose at 12.15 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