Order, Senators! Hon. Senators, I have a short communication to make. Hon. Senators, it is my pleasure to welcome you back from the long recess on this first day of the last part of this current Session which, as you are all aware, ends in December this year. Despite the numerous interruptions caused by Special Sittings, it is my sincere hope that you all had a pleasant recess. Before we went on recess, the Senate conducted a substantial amount of business in line with its mandate as provided in the Constitution. Just to refresh your memories, some of the business transacted during the previous part of this session and during the Special Sitting was as follows:- 1. A total of 20 Bills, eight of them with constitutional deadlines of 27th August, 2016 were passed. 2. The Report of the Joint Parliamentary Select Committee on the Independent Electoral and Boundaries Commission. 3. Impeachment proceedings against the governor of Nyeri County, Hon. Nderitu Gachagua - the first proceedings to be fully conducted in Plenary. This is just part of what the Senate achieved which indicates a marked improvement in volume and quality of business transacted over the previous sessions. Much more was achieved through respective committees as the House firmly and unequivocally took up its rightful place as the guardian of devolution. In continuing to exercise our mandate as a House of equity, it is my heartfelt expectation to see more business transacted by the House during this last part. As we resume sittings, let us all be aware that our in-tray is full as the following business is still pending:-

On a point of order, Mr. Deputy Speaker, Sir. I thank you for the communiqué. I note that in your communication you have referred to the peaceful rest we had during the vacation---

I did not mention the word peaceful in my communication. That is your own word.

Mr. Deputy Speaker, Sir, I will paraphrase. You mentioned that we enjoyed the recess. Allow me to point out especially to the listening public that we, as FORD-Kenya did not find it enjoyable. We lost Ahmed Salim Bamahriz, the founder of FORD-Kenya. He died in a hospital in the United Arab Emirates (UAE) due to diabetes. The party leader of FORD-Kenya has already communicated to the country. I want to use this opportunity to send my condolences to the family and especially the families of his colleagues in the second liberation. Young Kenyans will not know that Bamahriz was detained in this country in the early 1960s. They will also not know that he is one of the six fathers of the second liberation that gave us multiparty democracy which we have been forced to put in the Constitution. That today, some people are thinking of one-party rule, is not an honour to Bamahriz. Thank you.

Order, Sen. (Dr.) Khalwale. I join you in sending condolences to the family of the late Bamahriz. I do not know whether you are correct in saying that he was in FORD-Kenya. However, I remember him because we were there in the original FORD. That is where I remember Ahmed Bamahriz. When you say he was among the six originators of the second liberation, I remember him very well as a young lawyer then. I am just correcting you. Thank you very much for bringing up that issue. It is important that we should condole with then family of the late Bamahriz.

Mr. Deputy Speaker, Sir, in conclusion, I was just telling the country that it was a very difficult thing. Bamahriz, Martin Shikuku, Kenneth Matiba, Jaramogi Oginga Odinga, the late Hon. Shamalla and Masinde Muliro literally used to hide---

You must put in Charles Rubia to finish the six.

Yes, and Charles Rubia, Mr. Deputy Speaker, Sir. They literally used to hide in a private office of advocate Shamalla so as to do their meetings to help Kenya achieve multiparty democracy. I send my condolences and hope that at no time will the country ever rise to amend this Constitution so as to create a one party state the way some misguided party leaders have started showing.

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

Is it on the same issue?

Yes, Mr. Deputy Speaker, Sir. Thank you for recognizing me. For the record, Bamahriz was among the six who founded FORD. When Hon. Kenneth Matiba and Martin Shikuku moved away, he remained with Jaramogi Oginga Odinga and Masinde Muliro to start FORD-Kenya.

Was I not right in saying that he was a founder of FORD?

Absolutely, Mr. Deputy Speaker, Sir, and also a founder of FORD-Kenya.

I cannot ascertain that one.

Mr. Deputy Speaker, Sir, I join Sen. (Dr.) Khalwale in sending my condolences to the family and friends of the late Mohammed Salim Bamahriz. For those who may have forgotten, this is the man who stood with courage and said:-

That is what opened Kenyans’ eyes to see that one could actually criticize President Moi. This made Kenyans start thinking that there is an alternative route in the politics of this country. I am proud to tell the country that his son is a distinguished Member of the FORD-Kenya party and he is playing a very critical role in nurturing and enhancing the desire and the oath of yours truly to be your fifth President.

There are two others Members seeking the Floor. I will give them two minutes each. Sen. (Dr.) Agnes Zani!

Mr. Deputy Speaker, Sir, I also join my colleagues in sending condolences to the late Ahmed Bamahriz’s family. We acknowledge him as a leader who actually opened up democratic space that we sometimes take for granted. Never in Kenya should some people think that only some people can speak and others cannot. However, this is the Kenya we have and it is for all of us. We should move towards harmony, listen

Mr. Deputy Speaker, Sir, I also join my colleagues in sending my condolences to the family of the late Bamahriz. When they were struggling during what they called the “second liberation”, most of us were in the Kenya African National Union (KANU). The way he used to describe the then regime in Swahili was so sweet that most of us could not even narrate what he used to say. Just to inform you, Sen. (Dr.) Khalwale, apart from that, I also want to congratulate him because he was just recently elected as Deputy Leader of Sen. Wetangula.

Bw. Naibu wa Spika, ninakushukuru kwa nafasi hii ili nami niungane na wenzangu kwa kutuma rambirambi kwa jamaa na marafiki wa marehemu Bamahriz. Huyu shujaa alifanya kazi ya ukombozi wa pili wa taifa letu ambao uliibua vyama kama The National Alliance (TNA), United Republican Party (URP), Jubilee na vyama vingine vyote. Ni kwa sababu ya kazi aliyofanya marehemu Bamahriz. Alikuwa shujaa. Ninakumbuka wakati mmoja Rais Moi alisema: “Huyu Mwarabu ana lugha mbaya sana ya kusumbua watu. Ikiwezekana, anaweza kurudi kwao Yemen.” Sijui Rais Moi alijuaje kwamba marehemu Bamahriz alitoka Yemen. Hata hivyo, Marehemu Bamahriz alisema: “Mimi nataka tupande ndege moja na Rais Moi, tupitie Sudan ya Kusini, tumshushe pale na mimi niende zangu Yemen.” Kutoka siku hiyo, hakuna mtu mmoja aliyezungumzia mambo hayo. Ni dhahiri kwamba viongozi wakiongea, tunafika pahali. Ninashangaa sasa hata waandishi wa magazeti wanasema kwamba Bamahriz ni mtu ambaye hakuogopa chochote. Enzi hizo aliposema tu chama kimoja kinakandamiza Wakenya, alisemekana analeta lugha ya chuki. Alipata tabu na kuwekwa korokoroni. Hata hivyo, mimi ninaamini kwamba hata Yesu alisulubiwa msalabani kwa sababu ya lugha ya kutomheshimu kiongozi aliyekuwa akitawala. Vile vile, Hayati Mzee Jomo Kenyatta na wenzake walienda jela sio kwa sababu ya kuiba, lakini kwa sababu ya kutetea wananchi. Tunaomba Mungu aiweke roho yake mahali pema peponi.

I do not understand how you got more than two minutes, Sen. Muthama. Somebody is not doing their work properly. Sen. Karaba, two minutes.

Mr. Deputy Speaker, Sir, I arise concerning your Statement. In today’s newspaper, it was reported that the National Assembly is doing a lot in trying to finalise Bills, only to realise that the Bill which was headlined in today’s Standard newspaper originated from this House. That is the Bill on the Kenya National Examination Council (KNEC). So, I would like to caution the newspaper reporters that they should dig further and get to know the root of some of these Bills.

Sen. Karaba, I have no idea what you are talking about partly because it is not in my communication and second, I have not seen the newspaper that you are talking about. I know ---

Mr. Deputy Speaker, Sir, it so unfortunate ---

We do not get strength from newspaper reports unless you table it.

Mr. Deputy Speaker, Sir, it can portray the image that we are not doing anything yet it is in the communication for ---

It is not in my communication. I have not referred to The Standard newspaper.

Mr. Deputy Speaker, Sir, did you not talk about Bills?

Our Bills; the ones that we have dealt with.

Mr. Deputy Speaker, Sir, that is our Bill but it was misquoted.

Sen. (Prof.) Anyang'-Nyong'o, two minutes. Sen. (Dr.) Machage will follow and then that will be it.

Mr. Deputy Speaker, Sir, I think I deserve more than two minutes in this House to speak about my colleague, the late Salim Bamahriz. I know and you all know that I was a young turk. In those days, we joined together with the six elders to carry out the important task of fighting for democracy and the introduction of multi-party system in this country. The late Bamahriz was a very charismatic man. He was one who was together with the ordinary Kenyans – the wanyonge . He showed extra ordinary courage to come out from the coast and join the late Jaramogi Oginga Odinga, Masinde Muliro, Martin Shikuku, George Nthenge, Phillip Gachoka and the six of us – the young turks – Raila Odinga, Sen. James Orengo, Dr. Mukhisa Kituyi, Paul Muite, Imanyara Mugambi and myself to start this multi-party journey.

For the record, Senator, it is Gitobu Imanyara.

Mr. Deputy Speaker, Sir, sorry. It was Hon. Gitobu Imanyara. You know, uzee umeingia . So, we must enshrine those days in the history of this country. It should not only be when the late Bamahriz enters his last journey to heaven that this nation should remember him. I think this nation should have a tradition of celebrating men and women who have made a difference to the life of this nation. Mr. Deputy Speaker, Sir, this nation should celebrate good leaders whom I describe as men and women who make a positive difference to the lives of their people. The late Bamahriz and the leaders in the Forum for Restoration of Democracy (FORD) made a positive difference to the lives of Kenyans. We have had other leaders, yes, but they are not good leaders and do not make a positive difference to the lives of their people. As I eulogise the late Bahmariz, I want him to enter into the annals of history as one who fought bravely as a good leader and who made a positive difference to the lives of Kenyans in the fight for the second liberation and democratization in Kenya. I salute him.

Thank you. Finally, Sen. (Dr.) Machage. Two minutes.

Mr. Deputy Speaker, Sir, those who were old enough those days know the vibrancy with which the late Salim Bamahriz approached politics. As a voiceof a minority from the coast, he could never be silenced. He spoke his mind. Some of the issues that he addressed have been addressed by the Constitution. Unfortunately, quite a few have not been addressed and especially those issues that were put forward by the first six in the creation of FORD. It is a challenge to the current leadership. My challenge to the ruling party and the Opposition – I want one of the principals, not the “secondary school principals” but the one for the Coalition for Reforms and Democracy (CORD) to listen – as a leader of a major political party and the leadership of Uhuru, we want to hear as a minority, your position on democratic distribution of election seats in this country. We have democratic dictatorship that is taking root in this country which must be addressed by the leadership. We want to listen to your plans on protection of the minorities of this country. Thank you.

Sen. (Dr.) Machage, I must decry the habit because I had given leave for an extremely important situation to mourn and condole with the family of the late Salim Bamahriz. I was hoping that no political statements would be made. That is the reason I stopped Sen. (Dr.) Khalwale when he wanted to move beyond that.We all must respect the late Bamahriz whom some of us also knew was involved in the second liberation. So, I would like it to rest at that so that he can rest in peace. Sen. (Dr.) Machage, had you finished?

Mr. Deputy Speaker, Sir, as we eulogize the late Salim, let us remember what he fought for. My condolences.

Order Senators. I have another Communication to make.

This afternoon, hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery of the visiting staff from various county assemblies. The county assembly staff are here on a ten day county staff legislative attachment program at the Senate. I request each member of the delegation to stand when called out so that they may be acknowledged in the usual Senate tradition. They are:-

Anne Kapanat Domongole - Clerk Assistant II Hosea Kondira Komen - Clerk Assistant II

Tobias Odhiambo - Deputy Hansard Editor Charles Otieno - Serjeant-At-Arms

Salome Atieno Nguka - Clerk Assistant II

Esther Kitavi - Research officer I Mutetei Mutisya - Senior Communications Officer

James Michael Kisesa - Administrative Assistant II Stella Kwamboka Nyamete - Administrative Assistant III

Saiyanka Richard - Director Legislative, Committee and Procedure Ms. Lydia Makaka - Principal Clerk Assistant

Daniel Lokeno Lotupot - Clerk Assistant II Lydia Cheptoo Katialem - Clerk Assistant III

Silas Njeru Mwaniki - Principal Serjeant-At- Arms Doreen Mumbi Muthoni - Administrative Assistant I

Faith Wanjiku David - Clerk Assistant II Alex Njogu Wanjiku - Clerk Assistant II

Calvin Kibet Kitur - Legal Clerk Veronicah Waweru - Clerk Assistant II

Mary Kendi - Clerk Assistant I

Nicholas Nandasaba Simiyu - Deputy Serjeant-At-Arms Joan Cherop Ngetich - Public Relations and Communications Officer

Lekapes Saiwan Shadrack - Senior Clerk Assistant Leliok Lekupanae - Principal Clerk Assistant Lekalesoi Philip - Senior Clerk Assistant

Order Senators.

Hon. Senators, you may take your seats. Sen. (Prof.) Lonyangapuo, when I indulge you and allow you to take your seat, you do not walk as if you are taking a walk in the park. Hon. Senators, I have two messages from the National Assembly. PASSAGE OF THE KENYA ROADS BILL (NATIONAL ASSEMBLY BILL NO. 26 OF 2015) I wish to report to the Senate that pursuant to Standing Order 40(3) and (5), I received the following Message from the Speaker of the National Assembly on 8th September, 2016 regarding the passage by the National Assembly of the Kenya Roads Bill (National Assembly Bill No. 26 of 2015). Pursuant to the provisions of Standing Order 41 and 142 of the National Assembly Standing Orders, I hereby convey the following Message from the National Assembly:- “WHEREAS the Kenya Roads Bill (National Assembly Bills No. 26 of 2015) was published by the Kenya Gazette Supplement No. 77 on 5th June, 2015, as a Bill concerning county governments in terms of Article 110 (1) (a) of the Constitution, seeking to give effect to the Fourth Schedule of the Constitution, as regards the roads sub-sector by reviewing, consolidating and rationalizing the legal institutional framework for management of the road network and road sub-sector and bring the Kenya Roads Board Act, 1999, the Kenya Roads Act, 2007 and the Public Roads and Roads of Access Act, 1920---.

Please, Sen. Wangari, have a seat. I cannot understand how you got there from the Bar if you have been following the Standing Orders.

On a point of order, Mr. Deputy Speaker, Sir. It is nice to see that the Senate is applying Article 110(4) of the Constitution to the letter. We are aware that several Bills had been taken to the National Assembly from this House. I am glad to know and notice that in respect of the two Bills that you have read to us today as well as Messages, you have ordered that they be on the Order Paper tomorrow which is immediate. Could you confirm that consultations have been going on between the Speakers of the two Houses and assure us that our Bills will receive similar treatment in the National Assembly?

Sen. (Dr.) Khalwale, I do not know what you expect me to do. I have given two Messages from the National Assembly and I have told you what they say. I do not know what else you want me to confirm because we must deal with issues as they come and as they are.

Sen. Sang, are you laying any Paper?

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today Tuesday, 4th October 2016:- The Parliamentary Service Senate Monitoring and Evaluation Procedures for Management of Funds Regulation 2016.

Hon. Senators, there are some Statements which are listed in the appendix. However, before they are issued, I assume that they are ready. I would like to start with the Senators who are seeking Statements. We start with the Senate Minority Leader.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to request for a Statement from the Chairperson of the Committee on National Security and Foreign Relations on the kidnap and murder of Peter Kalamu Nyongesa. Pursuant to Standing Order No.45 (2)(b), I rise to seek a Statement from the Chairperson of the Committee on National Security and Foreign Relations on the kidnap and subsequent murder of Peter Kalamu Nyongesa. Mr. Deputy Speaker, Sir, the deceased was a Fourth Year student at Jomo Kenyatta University of Agriculture and Technology (JKUAT). He was on an academic trip to Mtwapa Town, Kilifi County, organised for the Fourth Year Agricultural

Thank you, Sen. Wetangula. Sen. Adan.

Mr. Deputy Speaker, Sir, I am requesting the Senate Minority Leader and as a Member of the same Committee, to give us two weeks because this requires a bit of investigations to be done and also collecting information from various institutions that he has mentioned.

That is efficient. Sen. Khalwale, what is your point of order?

Mr. Deputy Speaker, Sir, I beg that you indulge me to seek further clarification on this very important matter. As the Chairperson of the Committee on National Security and Foreign Relations contemplates bringing the Statement, I would have to also include two aspects. The first one is what measures the Government put in place in all our universities to ensure that our children are safe while at college, going home and coming back to college. The second aspect is that the Senate Minority Leader has spoken to the issue of compensation of the family. Could he also come armed with an answer on the state of compensation to the family of the student who was similarly kidnapped and found murdered in the same manner by the name of Solomon Muruli from Shinyalu---

Sen. (Dr.) Khalwale

Mr. Deputy Speaker, Sir, I believe that the Vice Chair has heard you. The rules of the House are that the House does not speak in vain. Therefore, it is up to her to either come when she is ready or promise when she will have the balance of my clarification. I was just concluding by saying that in the case of Mr. Solomon Muruli who died several years ago, the Government representatives in the House told us that they would compensate the family, but the compensation has not been made to date. If the Vice Chair has an answer, as she goes through, she could tell us the state of that compensation, because the family is waiting for it somewhere in Shinyalu, in a place called Muruhu.

Hon. Senators, before we go to the next Statement, I have a short Communication.

Hon. Senators, I wish to recognize the presence of visiting students and teachers from St. George’s Girls Secondary School, Nairobi County, seated in the Public Gallery. In our usual tradition of receiving and welcoming visitors to Parliament, I welcome them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I hope that they will learn positively from the proceedings of the Senate this afternoon. Thank you.

Sen. Wangari, do you have a Statement? If it is about the students, you have two minutes.

Thank you, Mr. Deputy Speaker, Sir. I will actually take less time. I want to welcome St. George’s Girls Secondary School to the Senate and tell them that it is time for women to rule the world. The United Kingdom (UK) has a woman Prime Minister, Ms. Theresa May, and we are headed to have a woman president in the United States of America (USA).

Thank you, Sen. Wangari. Sen. Sang, you may seek your Statement.

On a point of order, Mr. Deputy Speaker, Sir. I know that we have gone past this, but I want to welcome the distinguished members in the Speaker’s Gallery who have come to this House on a learning mission. We, as the Senate - the protectors of counties and their governments - welcome staff from counties and encourage them to learn and pick best practices from this House. We also encourage them to be the messengers of goodwill for the people of Kenya. It is often said that we seem to be devolving corruption to the counties. I urge you to be the first and last lines of defence against corruption; to resist with all your might and not take any unlawful orders whose execution amounts to corruption. This House will always be available to exchange practices and views with members of the county assemblies, be they staff or Members of County Assembly (MCAs), so that they can make devolution work. Equally important, I welcome the students in the Gallery and encourage them to be distinguished good Kenyans and walk into the future without worshiping and adoring money - like we have seen in the Jubilee regime - and be Kenyans that know that the virtue and values of life are not founded on money but on good morals. Thank you.

Mr. Deputy Speaker, Sir, pursuant to Standing Order No. 45(2) (b), I rise to seek a Statement from the Chairperson of the Committee on National Security and Foreign Relations on the murder of Mr. Musa Koech, a resident of Chepkuny Village in Bonchoge, Aldai, Nandi County. On 23rd September, 2016, Mr. Kirapa, a police officer from Cheptulu Police Post, allegedly shot and killed the said Musa Koech while on his way home at 9.30 p.m. The postmortem results confirmed that the shooting was the cause of the death. In the Statement the Chairperson should address the following:- (1) State the state of security at the border of Nandi and Vihiga counties and specifically, provide a copy of the Occurrence Book (OB) in Cheptulu Police Post and Serem Police Station for the period between 22nd and 24th September, 2016. (2) Status of investigations into the particular incident and whether the alleged police officer has been arrested and charged for the said murder. (3) Can the Government undertake to compensate the family of Mr. Musa Koech?

Mr. Deputy Speaker, Sir, allow me to ride on that request because we have been on recess and a lot has been happening. Extrajudicial killings by state officers who are paid by the taxpayers and employed to guard and protect lives and properties have become extremely common. When the Vice Chair brings a Statement, I want her to go beyond the Cheptulu murder and tell the Senate and the country what the Government is doing to arrest trigger-happy policemen who are shooting innocent citizens and killing them all over. Further, she should tell this House of oversight whether what I heard this afternoon from the Cabinet Secretary in the Ministry of Interior and Coordination of National Government - deriding the public and warning people against making any statements against police who shoot and kill people because it amounts to demoralising the police - is official policy. Is it official policy that when police shoot and kill people, we should keep quiet, because when we complain and raise issues, like the distinguished Senator for Nandi has justifiably done, it is demoralising the police?

Senator Billow.

Mr. Speaker, Sir, I emphasize that this is a very important issue and Parliament - not the Executive - has the mandate to protect the Constitution, and in the process ensure the lives of Kenyans are safeguarded. Where the Executive is engaged in excesses, this House has the responsibility and will be answerable to the people of Kenya incase of failure. It was reported this week that over 220 people have been shot by police in the first six months of this year. About 220 Kenyans shot dead by police! Last year, the actual number of people shot and killed by police surpassed the number killed by thugs and other criminals. It is a matter that we must take seriously. I want to ride on the same question to ask the Chairperson of the Committee on National Security and Foreign Relations to explain the action the Cabinet Secretary (CS) mentioned he is taking against his officers who are killing Kenyans in broad day light in whatever circumstances because these figures are available. The Independent Policing Oversight Authority (IPOA) is reporting daily, since they carry out investigations. What action is the CS taking on IPOA reports? Not a single report by IPOA has been acted upon by that Ministry.

Senator Kivuti.

Mr. Speaker, Sir, since this is a very sensitive issue, would it be in order that we require the CS in charge to come to this House and answer questions directly from the Floor?

Sen. Adan.

Mr. Speaker, Sir, I request the Senator for Nandi County and other Senators who have requested additional information to give us two weeks to respond.

Sen. Sang, are you okay with two weeks?

Mr. Speaker, Sir, this is a very important matter and the issues that I have raised are not so much. It would be more appropriate if the Chairperson of the Committee on National Security and Foreign Relations undertakes to give specific responses to this Statement within a week. She can then proceed to bring the other from the rider queries by my colleagues in two weeks’ time.

It is a very important matter and I do not see why we should give it a week and then fail to get a proper answer. The most important issue would be to give it sufficient attention so that the House can get a satisfactory Statement. It is no longer your Statement but of the whole House. Therefore, we give it two weeks. LEADERSHIP CRISIS AT MOI UNIVERSITY

Mr. Speaker, Sir, I have one final Statement. Pursuant to Standing Order 45(2) b, I rise to seek a Statement from the Chairperson of the Committee on Education on the leadership crisis at Moi University. In the Statement, the Chairperson should state the following: (a) Whether the CS is aware that all senior management at the university; the Vice-chancellor and his two deputies are currently serving in an acting capacity. (b) Whether the CS can confirm that the Moi University Council undertook the recruitment process for the Vice-chancellor and forwarded its outcome to the CS. (c) The CS to disclose the recommendations forwarded to him by the University Council, giving details of the three top candidates, their respective scores as per the interview, and why he has not acted on the same. (d) State when we expect a substantive Vice-chancellor for Moi University to be appointed by the CS. (e) The CS to confirm that merit is the key criteria in the appointment of Vice- chancellors in public universities. (f) State the circumstances under which a recruitment process undertaken by the University Council can be cancelled and the process repeated.

Sen. Karaba, how long will you require?

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

Order. I have the screen.

Mr. Speaker, Sir, I can take three weeks. That is a very serious issue.

I have heard you. There are many requests for the Floor. I will give you about a minute or two to seek clarification. Let us have the Senate Minority Leader.

Mr. Speaker, Sir, I thank Sen. Sang for bringing this issue on the Floor. In the answer by the distinguished Senator for Kirinyaga who is the Chairperson of the Committee on Education, he should also tell this House and the country why the governors of Uasin Gishu and Elgeyo Marakwet counties, accompanied by some four or five Members of Parliament raided the University and attempted to evict the acting Vice-chancellor from his office, alleging that it was because he was not “our man”. In so doing, let me digress a little and thank the Senator for Elgeyo Marakwet and the Deputy President for telling off those ethnic bigots who displayed the most primitive and archaic behavior that one can expect in a country such as Kenya. Finally, the chairperson should tell the House and the country whether criminal proceedings are going to be preferred against those bigots who committed the offences in broad daylight, in front of cameras. They uttered obscenities that can endanger the fragile peace that we enjoy today, particularly in an area that was the epicenter of the post- election violence.

On a point of order, Mr. Speaker, Sir, is the Senate Minority Leader in order to start using strange terminologies in this House when he went ahead, named and called them governors? Why do you not just call them governors? What is this last term you are using; bigots or something?

Sen. (Prof.) Lonyangapuo, what is your point of order? What are you against?

Order, Sen. Murkomen!

Mr. Speaker, Sir, he is a noise maker. There is a terminology that the Senate Minority Leader used twice.

Which one is it?

Mr. Speaker, Sir, “bigots” or something like that. If you are referring to human beings that have positions and you have already talked about governors, are you now degrading them or giving them a new terminology, name or position? It is an insult. We would rather call them by the position they hold.

Sen. (Prof.) Lonyangapuo, I may not be able to rule because I did not get the word that is galling you so much. I will not be able to deal with that situation. Please do not take more than two minutes. Sen. Billow.

Mr. Deputy Speaker, Sir, I have a rider on the statement sought by the Senator. It appears that this whole issue is centred around ethnicity in our public

On a point of order.

All the requests are on point of order, unless you want to say something completely different.

Mr. Deputy Speaker, Sir, the country will remember that sometime last year, a similar problem arose at the University of Eldoret in respect of an attempt by Sen. Melly - our colleague here - trying to eject Prof. Agenga because she was a Luhyia. The Chair of the Committee worked on it and we got a satisfactory answer. Could the Chair come armed with the results of the investigations into that particular incidence because my fear is that Governor Mandago, having seen Sen. Melly get away with it, thought he could apply the same standard against Prof. Ayiro? Because of the issue of ethnicity cropping up, allow me to inform the country that days after Prof. Agenga had been harassed, Governor Mandago went to the streets in Eldoret and got Luhyia street children. He put then on trucks, went and dumped them in Malaba on the border with Uganda and said that he does not want them. Mr. Deputy Speaker, Sir, we would like an update of investigations into Governor Mandago. We would like that investigation to go beyond just the person because when Mandago came from the Criminal Investigation Department (CID) headquarters after being grilled, he arrived in Eldoret Town and was received by tens of thousands of people from the villages. This mindset - primitive as it is - seems to be resonating very well with the locals. If the Government does not move in, I have no apologies to say that just like the issue of the land resource contributed to Post-Election Violence (PEV), the issue of university opportunities might contribute to violence in Eldoret.

I do not know whether the Clerks-at- the-Table took my instructions on two minutes because I had said that it will strictly be not more than two minutes.

Mr. Deputy Speaker, Sir, I will not even take two minutes. I would like the Chairman to assure the people of Bomet and Gatundu that the process of universities that are being constructed under the auspice of Moi University will go on without interruption despite the turbulence that is going on in Moi University.

Mr. Deputy Speaker, Sir, in his answer, could the Chair give us a brief definition of a university?

Then, could he tell this House the policy - if there is any - that governs the appointment of heads of universities in this country?

Mr. Deputy Speaker, Sir, I thank the Senate Minority Leader for thanking me. It is rare for such an appreciation to come from the Senate Minority Leader. I hope it is genuine because there is nothing hidden in between.

Mr. Deputy Speaker, Sir, I taught at Moi University before coming here. It is an institution that I have a lot of interest in. In finding that answer in so far as the Vice Chancellor is concerned, what efforts are being put in place to support the Acting Vice Chancellor, Prof. Ayiro, in dealing with the massive corruption that has now been established in that university? It was reported that up to a Kshs1 billion might have been misappropriated despite the fact that even most of the managers at that point might have been the so called “locals.” Secondly, could the Chairman also find out from the Ministry the real policy on dealing with appointments of all vice chancellors across the country? Remember that Prof. Serem was manhandled and ejected from Maasai Mara University on similar grounds. When someone was being appointed at the Port of Mombasa, the local politicians including Mombasa Governor said that it must be someone from that area. What are we going to do and what policies does the Ministry have to ensure that in the appointment of the university--- The Chairman should come with a list of all vice chancellors---

You cannot say you have to finish because I gave you two minutes. Are you requesting for time or are you saying you have two minutes? Those are two different things but you will have one minute.

Mr. Deputy Speaker, Sir, therefore, could he tell us whether our country is moving to the direction where Kisii University has to be headed by a Kisii, Masinde Muliro University of Science and Technology (MMUST) has to be led by a Luhyia and Maseno University has to be headed by a Luo? Finally, what assurance are we being given that when the Vice Chancellor is eventually appointed in Moi University, merit and merit alone will be used to determine the person who will be appointed? Thank you.

Mr. Deputy Speaker, Sir, first of all, I join my colleagues in condemning the two governors who shamelessly stood before the cameras and sought the ejection of Prof. Ayiro. I think it was last year when Prof. Mbithi was being appointed the Vice Chancellor of University of Nairobi. The rejection was not outright but we knew that there were people who canvassed hard to reject it and this must be stopped. Education institutions like universities are national institutions and they must be safeguarded against one ethnic community laying claim on any university in this country. Even those of us from northern Kenya know that this is happening in other universities. As leaders, we must protect people like Prof. Ayiro.

Mr. Deputy Speaker, Sir, I would like to get one simple clarification. The Chairman should clarify to this House and the nation the criteria for appointing vice chancellors in the universities. Every university has a chancellor. We have the Ministry of Education and we also have university councils. Who of the three does the appointment of vice chancellors and senior officers in universities today? Lastly, has the procedure for electing and sourcing for a vice chancellor changed where there is no tribal attachment? Even if we have 50 universities, it does not matter who is selected to head them as long as they are number one and competent. If somebody was chosen the other day based on competence, the Ministry of Education and the CS must come clean so that we do not trivialise and insult the people of Eldoret, Uasin Gishu and Nandi for seeking their rights. So, it has to come out before we make any conclusion. Let us get what happened so that we do not condemn the two governors.

Finally, Sen. (Prof.) Anyang’- Nyong’o.

Mr. Deputy Speaker, Sir, this problem is wider than universities. I think a political tendency is trending in this country whereby tribalism is taking the top most consideration in appointment of people beginning with the Government itself. If you form a government which expresses this state itself as the government of two communities---

Order, Sen. (Prof.) Anyang’- Nyong’o! You know I normally would not stop you, but I think you came in when this matter was under discussion. People are riding on the request for statement by Sen. Sang specifically on Moi University.

I know, Mr. Deputy Speaker, Sir.

We are doing this to allow Sen. Karaba who is the Chairman of Education Committee to be able to give an indication of when he can give an answer.

In giving that answer, Mr. Deputy Speaker, Sir, let the answer not be given out of the context in which the problem is situated. It is contextual and not isolated. If you think you are going to treat a wound by just pricking at its top, you may not succeed. I am just cautioning the House that the problem is bigger than Moi University and it is the bed of our society today.

Mr. Deputy Speaker, Sir, listening to what you have also heard, I am likely to even add one week so that I can take one month so that I will be able to answer all those questions the way you have asked. It is very serious that this thing is coming; and going by what we know, a university means - according to what Sen. (Dr.) Machage was asking - it is a lot. If we are not careful, we might lead to destruction of these universities. So, I need one month.

Sen. Sang, is one month okay with you?

Mr. Deputy Speaker, Sir, sometimes Senators seeking statements are a little bit disadvantaged because the riders that my fellow colleagues have sought with

The only problem I see with that, Sen. Sang, is that most of the issues raised by your colleagues – we call them riders - You heard my view about people riding on other people’s statements earlier, but since it seems to be a norm that has been accepted, you heard what your colleagues had to say about that specific issue. A lot of what they have said is relevant and pertinent to some of the answers that you have sought. In my view, it cannot be looked at in isolation. On the other hand, I think asking for a month is far too long because if it a matter of policy, it should be there in the Government policy. Most of the issues that have been raised are questions that if you emphasize the urgency on the relevant officer, then you should be able to get answers. So, as a compromise, two weeks would be sufficient for the whole broad spectrum for you to give an answer on the issues. The reason I say that is, speaking from where I am sitting, the issues that have been raised by your colleagues are serious issues. They pertain to a university. When you talk about Moi University, you talk about an example because there are many public universities in Kenya that may be having similar problems. So, two weeks are enough.

Yes, Mr. Deputy Speaker, Sir.

Two weeks, Sen. Sang.

Okay, Mr. Deputy Speaker, Sir.

Now, that is the end of those people seeking statements. However, on those who are seeking fresh statements, in the appendix, we have three statements to be issued. Statement (a) is the one on Standing Committee on Natural Resources. I note that Sen. Khaniri is not in. Who is the Chairman on Committee of Lands and Natural Resources? Is it Sen. Kivuti? I thought he was here.

Yes, Mr. Deputy Speaker, Sir.

Okay, you can give it now. STATUS OF MOGONGA- KENYANYA-NYANSEMBE ROAD IN KISII COUNTY

Thank you, Mr. Deputy Speaker, Sir. Sen. Obure sought the following Statement from the Chairperson, Standing Committee on Roads and Transportation regarding Mogonga-Kenyanya-Nyasembe Road in Kisii County:- a) If the Chairperson is aware that various unfulfilled promises have been made by the national Government regarding improvement to the standards of Mogonga- Kenyanya-Nyasembe road in Kisii County; b) If he is aware that failure to improve this road has rendered it impassable and severely affected the economic activities in the populous and high potential parts of Kisii; c) What plans the Ministry of Transport, Infrastructure, Housing and Urban Development has put in place in respect of this road and when residents should expect improvement works to commence. Mr. Deputy Speaker, Sir, the copy of the statement has been provided to the Senator. Therefore, I would like to respond as follows:- (i) The Ministry, through the Kenya Rural Roads Authority (KERRA) is aware that during the official launch of Mogonga-Kenyenya-Riokindo-Nyabitungwa- Magenche-Mariba-Nyagancha-Eberege-Daraja/Riokindo-Kenyenya TTC to Magena roads, contract No. RW217, on 28th April, 2016, His Excellency President Uhuru Kenyatta issued a directive that the Kenyenya-Nyasembe Road section be included in the aforementioned road project. The determination of the current project scope resulted from consultation with local representatives and the area leadership who felt the need to include the Riokindo- Magenche-Kenyenya/Mariba-Nyagancha-Eberege-Daraja/Riokindo-Kenyenye TTC- Magena Road sections in the project. (ii) The Ministry is fully cognizant of the significance of the Mogonga-Kenyenya- Nyansembe Road to residents of Kisii County and is further aware of its economic significance to the region. The Mogonga-Kenyenya-Etago-Nyasembe Road-Kamagambo Road that is (C883) measuring about 39.5km starts from Mogonga (Junction C17) and ends at Kamagambo (Junction A1); the C736 link however continues into Migori County to join Kisii-Migori Road (A1) at Ranen. From this description, it is true the road is an important link to Narok County through Kilgoris on Road C17, Migori and Homa Bay Counties as Road C736 also

Thank you, Mr. Deputy Speaker, Sir. I thank the Chairman for the elaborate answer. However, I would like to raise two issues in respect to the answer given. I would like him to indicate whether the necessary steps have been taken to include the Kenyenye-Nyansembe Road section in the ongoing improvement programme as directed by His Excellency the President. Secondly, the Kenyenye-Riokindo-Magenche Road is being undertaken under the low volume road infrastructure programme. The Kenyenye-Nyansembe section which is the subject of this question is actually of a higher classification. This is a major highway which attracts higher volumes of traffic. Could he ensure this reality is taken into consideration at the time of implementation?

Mr. Deputy Speaker, Sir, it is important to note that with the Department of Roads, there is a lot happening in the countryside. There is drafting and designing of the road which takes a whole year such that the cost overshoots by the time the money is allocated in the Budget. Could the Chairman make sure that those people who are concerned, particularly the directors of the Kenya National Highways Authority (KeNHA) take a shorter time so that the roads are improved within a short time when they say that there is a necessity of improving them? The process should not be taken through a long protocol or red tape/ bureaucracy before a road is done.

Sen. Karaba, please, remove your card if you have finished with your request.

Mr. Deputy Speaker, Sir, is the Chairman, in his own opinion, satisfied that the allocated fund is adequate for the quoted projects? If you look at the connection of Riosiri-Rongo Road in Migori County, its cost is approximately Kshs50 million while another road has been allocated shs80 million. What is the cost per kilometre for bitumisation of these roads?

Thank you, Mr. Deputy Speaker, Sir. With regard to the first question on whether the necessary steps have been taken, I would like to say the

Are you seeking the Floor again Sen. Karaba?

On a point of order, Mr. Deputy Speaker, Sir. Last time, the Vice- Chairperson told us that Kshs45 million was allocated to repair Sagana-Kagio-Kutus Road, but I disputed it because I felt it was not enough. I was told that the road was to be completed by the end of June. However, funds were spent on that road and it is still in pathetic condition. We are now in the month of October. Could he tell us what is happening? We want to know what this is all about because funds are allocated, spent and nothing to show on the ground.

You have to pursue that under Sagana-Kagio Road. I am repeating myself; this was a specific statement sought by Sen. Obure.

The next Statement is by Sen. Obure and, again, to the same Committee. Proceed, Sen. Hargura.

Mr. Deputy Speaker, Sir, Sen. Obure sought a statement regarding persistent traffic congestion along the Nairobi- Naivasha-Nakuru Road and possible expansion of the road. Regarding the same, he sought the following:- (1) Whether the roads authority responsible is aware that the capacity of the road as designed can no longer cope with the increasing volume of the traffic. (2) The measures put in place to provide relief to travellers whose security and comfort is compromised by the traffic congestion between Rironi and Mai Mahiu Section. (3) Whether the national Government has any plans to establish an alternative route for travellers, between the Capital City and the counties in the Rift Valley, Western and South Western Regions of the country, and when those plans will be actualized. Mr. Deputy Speaker, Sir, I beg to respond as follows:- First, the Ministry through the Kenya National Highways Authority (KeNHA) is aware that there has been an increase in traffic volume on the Naivasha-Nakuru Road, which is Road A8. To address the matter, there is an ongoing Public Private Partnership (PPP) feasibility study with the view of having a contractor to design, build and operate a dual carriage way from Rironi-Nakuru-Mau Summit because this will ease the congestion of the road. Secondly, the ongoing PPP study also proposes to improve the Rironi-Mai Mahiu section. In addition, the heavy vehicles will be allowed to use the improved Rironi- Naivasha Section hence reduce the congestion on the Rironi-Mai Mahiu Route. Thirdly, the alternative route for travellers between the capital city and the counties will be utilizing the improved Rironi-Naivasha-Mai Mahiu Road that is proposed to be improved through PPP. This will enable faster movement of traffic even though it will entail an additional 28 kilometers to a place like Kaplong Market where the two routes converge.

Mr. Deputy Speaker, Sir, once again, I thank Sen. Hargura for this answer. However, you have heard him inform this Senate that there is an ongoing study being carried out through PPP. I would like to know when this feasibility study is expected to be complete. If he could give an indication regarding the timelines when travellers on this route could expect to be relieved of the current difficulties?

Mr. Deputy Speaker, Sir, I would like to get a clarification, noting that this is a road I use almost every weekend. It is not once that we have had to spend the night on the road due to the congestion. It is not limited to Naivasha, but even at the weigh bridge. You can spend the whole night there when there is crazy traffic jam. There was a Presidential decree on the opening up of the road or the extension of the Green Park Road through Eburu-Suguroi-Mastoo-Munanda-Kiptangwany to join the Elementaita-Mau Narok Road that would ease traffic and congestion on this road. What are the plans about that road? It would also help in reducing the congestion. The other clarification is on the feasibility study on the PPP. What are the timelines? This has been said over and over for a long time. What timelines is the Ministry talking about to complete this road?

Mr. Deputy Speaker, Sir, I thank Sen. Obure for seeking this statement. The Chairman has tried to answer. Although he is struggling to answer, the congestion on this road is serious. Even at midnight when you travel from Nairobi to upcountry towards western Kenya, the traffic jam is just like during the day. This road was built before Independence. It is still as narrow as it was then. The Government is ambitious. It is building the Standard Gauge Railway (SGR) which will not be used by motor vehicles. As Sen. Obure said, all the way to Nakuru there is traffic, but through Kericho to Kisii there is less traffic. The traffic from Nakuru proceeds to Eldoret all the way to Busia and from Eldoret all the way to Kitale to Lokichoggio through Kapenguria. Could he consult afresh with the Ministry to come up with timelines and budget to expand the road to a dual carriageway with three lanes on each side? This is what Kenyans expect that road to be today. They should not be subjected to difficulties using a road designed in 1963 when there was only one vehicle on the road on particular times. It is serious. He should consult the Cabinet Secretary in charge to look into it. There are many potholes on the road between Eldoret and Kapenguria. We cannot reach home on time. They should be sealed.

Mr. Temporary Speaker, Sir, a similar question is still lingering in my mind. The Ministry of Roads and Infrastructure just conducts business as usual until we ask questions for them to attend to these roads. Do they not have a section that deals with inspections of these roads? This will enable them to assess increase of traffic, potholes and destroyed bridges so that they repair them immediately without Senators necessarily coming here to ask questions. This is our concern. We are not against anything. The Ministry of Roads and Infrastructure must be proactive. They should assess which sections of the roads in Kenya are congested, for instance, the one from Makutano to Wang’uru to Embu. Every other day, there is an accident just because the road is narrow due to the unexpected development. The development rate is higher than that of the road. Why can the road constructors not assess the development of the neighbourhood so that they can enlarge the road as per the population demands?

(Sen. (Dr.) Machage): Very well. Proceed, Chairman.

Mr. Temporary Speaker, Sir, the question raised has to do with timelines; when the PPP will be completed and when the construction will be done. We will have to get extra information from the Cabinet Secretary for Roads and Infrastructure. This will require time. I do not have the timelines now. There is also the issue of the presidential directive to improve the Green Park Road. I have to get more information from the Cabinet Secretary for Transport and Infrastructure. I would like to inform Sen. (Prof.) Lonyangapuo that when we talk about a dual carriage, it means separating the traffic moving in either direction, so that each of them

Mr. Temporary Speaker, Sir, the Chairman is avoiding my question. Could you direct him to answer?

(Sen. (Dr.) Machage): To my knowledge, the Chairman has attempted to answer the question. Let us be fair.

On a point of order, Mr. Temporary Speaker, Sir. I hear the Chairperson on the additional details, especially on the timelines and expansion of Green Park Road, which would ease congestion. However, he has not given a commitment as to when that information should come to this House. Could it then come from the Chair?

(Sen. (Dr.) Machage): Chairperson, can you give a commitment on the timelines?

Mr. Temporary Speaker, Sir, all this information can be obtained from the Ministry. Maybe it can be done in two weeks.

Mr. Temporary Speaker, Sir, this statement is as serious as has been stated. People cannot travel at night because the road is congested. Almost 53 years after Independence we are talking about a feasibility study on the road, which is a lifeline of Kenya. Would it be appropriate that we continue asking the Chairman when you can direct the Senate Majority Leader to go and get the information from the CS? Goods perish on the highway because of congestion on the road.

(Sen. (Dr.) Machage): You are a bit impatient. The Chairperson has indicated he will give you all that information in two weeks’ time. Why do you want to declare him unable, when he has shown his ability? It is not fair.

Mr. Temporary Speaker, Sir, I also listened to the Chairman when he was giving the statement. The Ministry is just doing a public relations exercise, when this is actually a serious issue. I used that road two weeks ago and spent about eight hours in traffic. Other than that, I think the priorities of the same Ministry are upside down. As I talk of the feasibility studies, we should also consider the Magadi Road which runs from Bomas of Kenya to Ongata Rongai and Kiserian. In fact, many people are moving away from that area to live in other areas because of traffic congestion. Since a new CS came on board, we do not hear much about the work of that Ministry.

Mr. Temporary Speaker, Sir, I will not overemphasize the need for expansion of this road. However, on the timelines, the issues to be clarified are quite few. I request that you direct that he gives the additional information in one week. We do not want to interrogate a new Statement and determine whether we require the CS to come to the House to answer this issue.

(Sen. (Dr.) Machage): Chairperson, one of the concerns is that the Ministry is just carrying out a public relations exercise. Secondly, you were asked to state whether the Ministry’s priorities are upside down. These are issues that might not be within your parameter of knowledge. Due to constitutional provisions

(Sen. (Dr.) Machage): I am told that the Movers of several Bills are not in the House. Therefore, we will defer Order Nos.12, 13 and 15.

(Sen. (Dr.) Machage): Very well. Due to other issues that have to be considered before the Mover moves the Bill, we will hold Order No.16 and go straight to Order No.18.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move:- THAT, the Assisted Reproductive Technology Bill (National Assembly Bill No.36 of 2014) be now read a Second Time. This is a very important Bill that has come from the National Assembly. It deals with a matter that has been covered widely in the media and public discourse for a while now; namely, how to regulate and control technology that is used to assist mothers or parties to a marriage, who are unable to have children through the natural way of sexual intercourse. This Bill does four things. First, it regulates assisted reproductive technology, establishes the Assisted Reproductive Technology Authority (ARTA), prohibits certain practices in connection with assisted reproductive technology and makes provisions in relation to children born out of assisted reproductive technology processes. Those are the key things that this Bill does. Mr. Temporary Speaker, Sir, I will highlight a couple of clauses. The first one is Clause 4 which establishes ARTA. The next one is Clause 5 that deals with the functions of the Authority which includes development of standards, regulations and guidelines in connection with assisted reproductive technology. Secondly, there is the issue of undertaking research on the conduct and control of assisted reproductive technology, among other functions. There are more than 10 functions. The other Clauses between Clause 6 and 11 deal with the usual parameters of running an authority, including but not limited to appointment of a director, and how the Board will conduct its activities. Let me also highlight the provisions in Part 3 of the Bill which includes Clause 19. It provides that there will be no use of human reproductive material unless the donor of that material has given written consent. In other words, if any person wants to use material for purposes of assisted reproductive technology, then there must be a written consent from that donor. Of course, there is medical ethics that is important and will be

On a point of order, Mr. Temporary Speaker, Sir. I appreciate that this is a very technical subject. However, can the Senate Majority Leader briefly explain, especially this particular aspect of a child born out of science and a child born out of sexual intercourse? In this particular sense of being a human being, can he shed more light?

(Sen. (Dr.) Machage): Order! Taking cognisance of your interest, you are a bit impatient. To understand the whole Bill, then you must be patient and listen to all contributors. I cannot compel the Mover to move in a way that you want. He has his way that he has outlined that he wants to execute the subject. Proceed, Prof. Kindiki.

(Sen. (Prof.) Kindiki): Thank you, Mr. Temporary Speaker, Sir, for protecting me from the vagrancies of the Senator for Nandi County.

(Sen. (Dr.) Machage): What is it, Sen. Sang?

On a point of order, Mr. Temporary Speaker, Sir. I know the Senate Majority Leader is the Mover of the Bill. It is his Bill and I am sure he wants the support

(Sen. (Dr.) Machage: Sen. (Prof.) Kindiki, did you actually say so?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I said so. If there is need to modify that word, I am willing to do so. However, I said that Sen. Sang is disrupting me.

(Sen. (Dr.) Machage): Order! What you said was not palatable with the intellect and fairness of the description of the character of Sen. Sang. Could you, therefore, withdraw and apologise?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I withdraw and apologise.

(Sen. (Dr.) Machage): Very well, proceed then.

(Sen. (Prof.) Kindiki): I was on Clause 31 which deals with surrogacy. All this business is about surrogacy where parties to a marriage are not able to procreate. The material used from both parties or one of the parties, can be implanted in a natural woman for purposes of carrying the pregnancy until birth. After birth, the legal rights that the surrogate mother had on the child terminate immediately unless there is an agreement to the contrary. Mr. Temporary Speaker, Sir, Clause 31 provides that a surrogate mother will not be less than 25 years of age. There must be a specific request by a party to a marriage to carry out the surrogacy. The other provision which I wanted to highlight is Clause 31(2) which provides that:- “The surrogate mother shall carry the child on behalf of the parties to a marriage and shall relinquish all parental rights at birth over the child unless a contrary intention is provided.” Mr. Temporary Speaker, Sir, under Clause 32, for a surrogate mother to carry a child on behalf of the parties to a marriage, there must be a written consent in order to create parameters of rights and obligations of the parties. In summary, this Bill, first, legalises and regulates the issue of surrogate mothers. It provides an opportunity for parents who cannot give birth to children through the normal biological way of sexual intercourse to have children scientifically by providing for a surrogate mother to carry the child, based on reproductive material donated by the parties to a marriage. Mr. Temporary Speaker, Sir, that relationship is now being legalised because at the moment there is no legal framework for it. First, it protects surrogate mothers from abuse by parties to a marriage. Secondly, it protects the rights of the donors of the material so that once the surrogate mother fulfills her job, then the rights of the parties to a marriage are not diminished in any way. Finally, it is to equalize children who are born through surrogacy with children born through the natural way. The Bill establishes a regulatory body that will develop standards and guidelines because there are many other issues of a scientific, ethical, medical and socio-cultural nature that will arise in the implementation of this new idea about surrogacy. It is new in

Mr. Temporary Speaker, Sir, I congratulate the Senate Majority Leader who is the Mover of the Bill for introducing it to the House. The fertility rate in Kenya and in the world has been an interesting topic. First, culturally it was not meant to be discussed. In the African culture, normally, when a woman could not bear a child it was seen as a taboo. It was even worse for a man. In fact, few men would go for checkup because infertility was seen to be the fault of the woman. However, the dynamics have changed because there is more medical knowledge and research and also the society has opened up to this issue. We now know that it is possible, for one reason or another, arising from sickness, food consumed and age that one is unable to bear children naturally. Mr. Temporary Speaker, Sir, this Bill is looking at those special cases where men or women cannot bear children. The Bill looks at two issues. The first one is the assisted reproductive technology. If you look at this Bill, you will find that the issue of Intravitreal-Fertilization (IVF) has been alluded to. That is where an egg is fertilized with a sperm scientifically in a laboratory and implanted in the womb of another woman. I know we have had different views from the religious institutions that are uncomfortable with the Bill. May I make it clear that we are in 2016 and we can use technology to reduce the anguish, mental torture and the stigma that marriages have had to undergo in Africa for not bearing children. Mr. Temporary Speaker, Sir, I have experienced an issue of a person who came to me and she was desperate. She told me that she was 42 years and that time isrunning out. Her biological clock is ticking and the husband has thrown her out because she cannot bear children. When I looked at the lady, all that was going through my mind---

(Sen. (Dr.) Machage): Sen. Adan, it is always advisable to go to the Bar - as a senior Member of the House, I will advise you - and bow from the Bar to the House. That is the normal practice and do not forget that again.

Mr. Temporary Speaker, Sir, you will pardon us because we have just come from a long recess. These things are happening a lot today. First of all, the cost of IVF is exorbitant in hospitals. It is not affordable to many women. In fact, the lady was telling me she had taken a loan of Kshs450,000 to get an IVF, but it was not enough. She needed an additional Kshs150,000. She told me if she does not conceive this year, her chance of carrying a pregnancy to a full term would actually be minimal. Those are the realities that we are dealing with on daily basis. We get couples that have been together for many years and are not able to conceive naturally because of one reason or another. However, this Bill comes as a reprieve to them.

Mr. Temporary Speaker, Sir, I rise to support this Bill. Technology and education have brought tremendous improvement to human life. There could be a lot of controversies concerning this Bill from the cultural and Biblical point of view for those who are believers like me. In the Bible, we are told that the mother must carry the baby for nine months and she must experience labour. In this case, the biological father and mother of the child will not be the ones to carry the child; it will be another mother. Biblically, that will bring a challenge.

(Sen. (Dr.) Machage): Order, Sen. Mositet! Have fathers ever carried babies?

Mr. Temporary Speaker, Sir, in Maasailand, we always believe that the father carries the baby in the legs, but the mother must carry the baby in the womb for nine months.

Mr. Speaker, Sir, one of the reasons our fathers and forefathers married many wives was to ensure that they got children even if some wives were barren. With this technology all the parties - the husbands and wives - will have their part to play; they can have a chance to have children. Therefore, this issue is encouraging, particularly for pastoralists communities which have quite a number of women who are barren. They can use this technology to increase their population, so that they can always compete politically, particularly in our country where numbers matter if one wants to be President. I support this Bill because it is well defined. The regulations that have been put in place guard the surrogate mother and the child. Mr. Temporary Speaker, Sir, with those few remarks, I support.

Mr. Temporary Speaker, Sir, I rise to support this Bill. I will take a short time to refer to only one clause in this Bill. I will seek an amendment to this Bill to delete that clause. I am referring to Clause 26 (e) that states that the authority shall not issue a license that allows the replacing of a nucleus of a cell of an embryo with a

(Sen. (Dr.) Machage): There are issues that Sen. (Prof.) Lesan proposes to move an amendment on. Otherwise, with no other interest, I would have called on the Mover to reply. In the rules of the House, I am not supposed to listen to your suggestion that you are thinking of moving an amendment. Instead, there should have been an amendment already an hour before the commencement of this discussion on my Table. I am not privy to that, unless the Secretariat gives me some information. What is it, Sen. (Prof.) Kindiki?

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, it is in connection with what you have just said. I was wondering whether the amendment comes at this stage or the Committee of the Whole. Our practice has been that during the Second Reading, Senators can speak generally to the Bill and suggest what they think should be improved. I have been taking notes and listening to what Sen. (Prof.) Lesan has said. However, I am seeking your guidance on whether the amendments should have come now or at the Committee of the Whole.

(Sen. (Dr.) Machage): That is an important observation. We have two levels at which you can move your amendments. I was thinking of advising Sen. (Prof.) Lesan that if he is so convinced, his amendments should be moved at the Committee Stage. However, as you move the amendments, I know you will consider the constitutional inclinations of this country in terms of parenthood. Just because a country in Central America has three parents for a child may not be constitutionally acceptable in Kenya. However, it is your right to consider moving an amendment at that level. Otherwise you should have moved it at this level if due diligence was considered. Do you want to say something?

Mr. Temporary Speaker, Sir, I agree with your suggestion that I can move this amendment at the Committee Stage. I feel strongly that biology has no boundaries and our country needs to move along with this technology. I would, therefore, still want to move my amendment.

(Sen. (Dr.) Machage): Very well. It is your constitutional right. I will, therefore, call upon the Mover to reply.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, in reply, I would like to say that in order to provide the constitutional foundation for this Bill which in my view is Article 43(1) of the Constitution which says:- Every person has the right—

To the highest attainable standard of health, which includes the right to healthcare services including reproductive healthcare. I believe this is the constitutional foundation of this Bill and I have taken the liberty to read it out so that as the Committee and the Senators consider this Bill, they should do so in light of Article 34(1)(a). I want to thank all the Senators who have contributed to this debate and with those few remarks, I beg to move. Mr. Temporary Speaker, Sir, given that we do not have the numbers to take a vote, I request you, under Standing Order 54(3), to defer the putting of the Question.

(Sen. (Dr.) Machage): It is so granted.

Next Order!

Mr. Temporary Speaker, Sir, the purpose of this Bill is to amend the Public Appointment (Parliamentary Approval) Act, 2011 so as to provide for the procedure for Parliamentary approval of constitutional statutory appointees where the approval of both Houses is required.

Mr. Temporary Speaker, Sir, I rise to support The Public Appointment (Parliamentary Approval) (Amendment) Bill (Senate Bill No.9 of 2016). You will realise that for the past four years, we have had different appointments that have taken place in our country. The Senate is a parliamentary institution that also works very closely with different appointees that we have today. These include the Cabinet Secretaries (CS), parastatal board members and many others. Considering the work we do, we have to relate with others and keep the relationship. Mr. Temporary Speaker, Sir, you will realise that most of the time when you meet a CS, for example, the fear they have for Members of the National Assembly is a different from Members of the Senate. The reason is the perception that vetting is done by the National Assembly. Therefore, they believe that what the National Assembly says is supposed to happen. If the Senate speaks, it is as if you are negotiating and lobbying. I will give a critical example of the Kenya Airways. When the Senate conducted an investigation on the challenges facing the Kenya Airways, there was a conflict with a committee in the other House because of the same. Since the appointees or those who were supposed to manage certain areas are vetted by one House of Parliament, then they discover that they are not supposed to be accountable to this House but to the National Assembly. This is something we need to work around. Among key institutions that serve both county and national governments are the CBK and the IGPs Office. As much as we have different levels of Government, more importantly, we have national security that is central and key and it has to remain a function of the national Government. Therefore, both Houses must have an opportunity to vet the person assuming office. The CBK has a governor. We have to ensure that they

Thank you very much, Mr. Temporary Speaker, Sir, for allowing me to contribute in support of this Bill. This Bill concerns the two Houses of Parliament. Whether it is to be amended or not, we are talking about Parliament. Whereas Parliament has been referred to many times as the two Houses; bicameral Parliament, there are instances where the Senate is seen to be out of the scene when some things are done particularly in the National Assembly. Some of these things done in the National Assembly are like the ones that we have here. That is the reason why the amendment that has been moved by Sen. Adan is pertinent. Without checks and balances, which are there in the Constitution, we cannot check what might happen in the National Assembly. Mr. Temporary Speaker, Sir, in the absence of our participation, it is seen and concluded like some of the vetting and appointments that were done even before the Senate came into place, it is like it was supposed to be done by the National Assembly. I am happy that with this kind of amendment, we are going to include the Senate as a fallback position to compare us and the National Assembly. Mr. Temporary Speaker, Sir, I would also imagine that if somebody was to be rejected through vetting by the National Assembly and that person is known to have done well countrywide and he has sympathy from the Senate, the Senate will not have any

Thank you, Mr. Temporary Speaker, Sir. I want to start by congratulating my colleague, Sen. Adan, for introducing this crucial Bill and amendment. Throughout this term, we have suffered from ego and not an issue of the letter of the constitution or the spirit. That is what has necessitated this amendment because we have

Since there is no other request, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I thank you for giving me this opportunity to reply. First, I congratulate my colleagues for the contribution they have made to this Bill. I believe this is an important Bill. The principal law was enacted much later after the Constitution came into force. Clearly, this shows how the National Assembly was not interested in involving the Senate in the appointment of senior citizens of this country. The National Assembly will realise that this is important and see the need for the Senate to contribute to the nomination of the leadership in this country; especially for those who are important to the county Government, for instance, the Cabinet Secretary for Devolution and Planning. It is important for this Senate to interview the nominee for the post of Cabinet Secretary for Devolution and Planning because much of his or her mandate touches on the county government. Apart from that, this practice is carried out all over the world. This is very important. The Senate of Kenya should not be left out in vetting senior state officers as

I defer putting of the question as requested by the Mover.

Next order!

Order, hon. Senators. The Clerk-at-the-Table did not realise that the Mover of Order No.17 is ready. So, can you read the next order?

Mr. Temporary Speaker, Sir, I beg to move that the Self Help Associations Bill (Senate Bill No. 2 of 2015) be read a Second Time. This Bill is quite critical for one reason. In our country, we have made an impact on groups and organisations; be it Community Based Organisations (CBOs), Self-Help Associations, women groups, youth groups et cetera . Most of the monies that come from the Government use that channel to be channeled to the communities. We have had a problem. When you register a company, it is done under the Companies Act; when you register a society, it is done under the Societies Act but when you register a self-help association, there is no law or legal framework that governs that registration. The only interaction that the Government has with the groups is when they issue, review or renew a certificate. Therefore, the main role of this Bill is to give a regulatory and registration framework that will help these groups. Mr. Temporary Speaker, Sir, we have about 1.3 million groups in this country which is a large number. If this transformation that has been brought through the huge amounts of monies that have come through the groups can be seen, then we should see proper transformation. We should also monitor whether groups that got monies five years ago are still in existence today. That is not happening. So, the death of groups is higher than the registration. In fact, out of the 1.3 million groups, maybe about 600 are active. We do not have a register of all the self-help groups in the country. In fact, groups just register to access Uwezo Fund and after that, they close shop. It then loses the meaning and the focus of what groups are supposed to do. Of course, we cannot have all of them active but we need a regulatory framework of capacity building and community development. This is because the Ministry has been charged with that mandate; that you

Thank you, Mr. Temporary Speaker, Sir. I stand to support The Self Help Associations Bill (Senate Bill No.2 of 2015) as moved by Sen. Wangari. What the Senator has said is true. What has been happening in this Parliament is very true with regard to taking stock and audit of what we say in this House and the National Assembly. I was a Member of Parliament of the Ninth Parliament for Kerugoya/Kutus Constituency. Today, it is known as Kirinyaga Central Constituency. During that time when we were Members of Parliament, we drafted quite a number of Bills. One of them was the Constituencies Development Fund (CDF) Bill which went along to help constituencies in terms of development. The practice has been money is allocated to a certain MP in a given area for development. The MP is supposed to come up with proposed projects which will be funded by the CDF which is established in this House or the “Lower” House. However, when that money is allocated, it belongs to the Member of that constituency. That is why you are finding it is very hard for the Senate to survive because it has no money to operate on its own. However, Members of National Assembly control CDF. Surprisingly, when it was passed, we were not allocated money in the first year of 2003. The first batch came in 2004 which was only Kshs6 million. By the time, the Ninth Parliament was dissolved, we had not even gotten more than Kshs50 million. Today, an MP is taking to the constituency over Kshs100 million every year while on our part, we only took Kshs50 million to our constituencies in five years. They could even take more as that is the least they could take to the constituency. So, a Member could craftily say that he has Kshs100 million Fund, another one has Kshs120 million or Kshs150 million or Kshs160 million. It could go up because there are so many other funds that the MPs would like to hold like it is their funds. That money was given discriminately; it was given to whoever was in a position to influence for more money. Some constituencies are given about Kshs10 million or Kshs20 million depending on how well they negotiate, while other constituencies get nothing. Mr. Temporary Speaker, Sir, what the Senator is articulating is true. We need to account for whatever penny that the Government gives out for any development in the country because if all the monies were to be used properly in every constituency, sub- county and county, we would be talking of a developed country. However, we have some mischievous Members who use that money for campaigns. I am sure that the money that will be allocated to some Members this year will not be used for any development. They will use it strategically to ensure that they are re-elected. They will target regions and people who are opposed to them and their competitors. In essence, this money has been

Mr. Temporary Speaker, Sir I congratulate Sen.Wangari for this Bill that she has brought many years late. I do not know whether there is a Bill that she consulted that had been written on the same before. If there is none, then we lost it from the beginning because I am told that in 1963, in Uhuru Park, the late Mzee Jomo Kenyatta announced three things. He said that; from now, we will say “Harambee.” That was meant to assist and build one another and that is the motto for self-help association. We did not capture the spirit of the moment so that we translate this into a law which was to govern whatever was taking place. Mr. Temporary Speaker, Sir, I am told that there was a time during either the Eighth or Ninth Parliament that decided to focus on harambee only. They declared that people should not be giving out money but this is what is happening every day. Even as we speak right now, there are very many groups in the villages and rural areas that deal with their own self-help groups. There is a group called SILK - I do not know its meaning in full. It has now become like a movement. There is another one called Table Banking. It has very many youth and women groups and so on. This is the spirit because such groups put people together in rural areas found in the counties. For that reason, I will ask Sen. Wangari not to propose to anchor this in the national arena because this is a grassroots movement. Part 2 says that there shall be a registrar and deputy registrar that shall be competitively sourced by the Public Service Commission. This should now be left to County Public Service Boards (CPSB) because that is where the real business takes place. It should be removed from the national arena except for the regulations that will be used to manage and monitor these groups from the national Treasury. Having some employee who will lord it over the people in the counties, just like we have had cases of some parastatals cannot assist. If this becomes law, we will see a lot of groups. Villages form a ward and every ward will have this type of movement. Every governor – I cannot see potential governors here – should look at this in order to create a cooperative Bill in their counties. They should set aside not less than Kshs200 million or Kshs500 million per year which will be given as loans to some of the groups because we want to eliminate poverty and make equity the strength of the nation. Because our people are associated with this and they want it to happen, this is very timely. The activity is already taking place but there is no way of managing it.

I now ask the Mover to reply.

Mr. Temporary Speaker, Sir, I want to start by appreciating the Seconder of the Bill, Sen. Karaba, and Sen. (Prof.) Lonyangapuo for his wisdom. The canvassing of the role of the county governments has actually been an ongoing process. In fact, this Bill was listed on the Order Paper but on request of different stakeholders including the Ministry and the CoG, I stepped it down so that we could engage in a more constructive discussion. We have had submissions of memoranda from the CoG. I totally feel and agree with what Sen. (Prof.) Lonyangapuo has spoken about because this movement is basically at the grassroots level. Mr. Temporary Speaker, Sir, I am very appreciative of the process. I hope that this Bill will be supported. To respond to Sen. (Prof.) Lonyangapuo, that is why I was saying this Bill is many years late. In fact, Sen. (Prof.) Lonyangapuo, if you register a company, you register it under the Companies Act but this group had no legal framework under which it is anchored. The Ministry has been developing something but we were able to convince them that this Bill has already taken care of that and that they should put their input to what we already had as a framework so that we can be able to enrich it. I think that is what has happened. We have not agreed on everything but we have reached a consensus on some of the issues that will touch on the third reading. So, Mr. Temporary Speaker, Sir, I want to confirm that I will look at the amendments as we take it to the committee stage. With those few remarks, I beg to move.

Do you intend we vote or put the question?

Mr. Temporary Speaker, Sir, I beg that you defer the putting of the question to tomorrow, pursuant to Standing Order No. 54 (3).

Okay, I defer putting of the question.

Honorable Senators, the next order No. 19, the owner of the Motion had requested that it can be put for debate tomorrow. For Order No. 20, we do not have Sen. Khaniri in the House. Also order No. 21; we do not have Sen. (Eng.) Muriuki in the House.

Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until tomorrow, Wednesday, 5th October, 2016, at 2.30 p.m. The Senate rose at 6.30 p.m.