Order, Sen. Wamatangi! Take your seat.

Hon. Members, I have a petition by 35 Members of Garissa County Assembly concerning the rejection by the Assembly of the Garissa County Government budget estimates for the Financial Year 2016/2017. Pursuant to Standing Order 220(1)(a) and 225(2)(b), I hereby report to the Senate that a petition has been submitted through the Clerk by 35 Members of the Garissa County Assembly regarding the rejection by the Assembly of the Garissa County Government budget estimates for the FY, 2016/2017. The petitioners state that the Garissa County Assembly, during a sitting held on 29th June, 2016, rejected the Garissa County Assembly budget for the FY 2016/2017. The grounds set out for the said rejection are that:- (a) The budget estimates did not adhere to the ceilings adopted by the Assembly in the County Fiscal Strategy Paper as required by Section 129(2)(b) of the Public Finance Management (PFM) Act. (b) The budget estimates also violated regulation 37(1) of the Public Finance Management (County Governments Regulations) 2015, in that the submitted estimates 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, I congratulate the petitioners for bringing this very important matter to the Senate. We have witnessed this kind of standoff in many counties including Bomet. In every instant, it is because the executive are misusing their responsibility and governors have the power to return Bills to the county assembly to frustrate processes of county assemblies to deal with financial matters. As the Senate, we must be concerned that this is the last year before elections and there is a possibility that many counties and county executives will act with impunity in so far as management of public funds is concerned. Therefore, it is important to support county assemblies that are ready to push for accountability of resources with full disclosure of information. You will find that some expenditure will be hidden in the name of paying debt when it is campaign money. We know many counties including mine, where governors now have goons that they carry around using county resources. They package goons and carry them to a meeting with the sole responsibility of shouting down the governor’s competitors like we have seen for many Senators who are running to be governors and even those who are not. Counties are misusing resources for purposes of campaign. In fact, one thing that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Senator. Now, Clerks-at- the-Table, it is two minutes and I want you to time it.

Mr. Deputy Speaker, Sir, like Sen. Murkomen has said, we need to pay tribute to these MCAs who have thought it necessary to refer this matter to this House. As we do so, we have to be extremely cautious and ask ourselves, under Article 96 of the Constitution, does this House have the power to make decisions on the budgets of county governments? We have to remember ---

I am assuming that is a rhetorical question.

Mr. Deputy Speaker, Sir, yes. I am being philosophical in keeping with the great letters that you and I have. You remind me of Dr. Kofi Annan. Congratulations on your new look.

Order, Sen. (Dr.) Khalwale!

I do not understand where you are coming from.

Mr. Deputy Speaker, Sir, when we went on recess, you never had such a nice crop of grey hair. Indeed, you have started looking like Dr. Kofi Annan. Given that he is as wise as you are, you are moving forward. So, I thought I must congratulate you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

That is supposed to be a compliment.

Mr. Deputy Speaker, Sir, it is.

Proceed, Sen. (Dr.) Khalwale.

Mr. Deputy Speaker, Sir, thank you. It concerns me. Therefore, there will be need for us to make the determination on how far we can go under Article 96. Secondly, yes, I look at their prayers. As we apply those prayers, we must be careful so that we do not project ourselves as a ---

Give him one minute.

Mr. Deputy Speaker, Sir, thank you. My real reason why I support this is the allegation by these MCAs that the budget estimates did not adhere to the ceilings adopted by the Assembly in the Fiscal Strategic Paper. If this is true, then there is every reason for us to do what they are asking. However, in all fairness, let us remember that under this Constitution, the county government is only required by law and that clause reads “May”. It does not say: “shall refer to the county assembly”. So, let us not move and attempt to stop disbursement of funds because it must be seen to be material and repeated according to the Constitution. Until this is demonstrated to us, it will be dangerous for us to agree with the first prayer that we stop disbursement of funds. Otherwise, I wish the Governor of Garissa County very well. I hope that he will solve this without having us go through the route of Makueni.

Mr. Deputy Speaker, Sir, I join my colleagues in congratulating Members of the County Assembly (MCAs) of Garissa for bringing this particular Petition. It must be understood by everybody and especially governors that the responsibility of county assemblies is to deal with the budget. The law provides on how to resolve crisis or disagreement arising from the budgeting process. Therefore, the tendency by governors to ignore provisions of the Public Finance Management Act on how to resolve challenges--- Sometimes, governors intentionally engage that so that there is a lacuna for them to misuse public resources. Whereas I know the timelines within our Standing Orders in terms of resolving some of the petitions is 60 days, this is a very urgent matter. Whichever committee that will be given the responsibility to handle this Petition should do so within the shortest time possible. It should even handle it within 14 days, so that we help the County Government of Garissa to move on. However, county assemblies must be concerned and be keen with the implementation of the budget, especially in this last financial year towards elections, lest we lose a lot of resources in our budgets into the campaign mode by governors. At the end of the day, when we get back to our counties after the elections, we will have nothing to celebrate about. Therefore, I caution all governors, including my own. He must utilise the last budget for the better of the people of Nandi. I thank you.

Mr. Deputy Speaker, Sir, like my colleagues, I congratulate the MCAs because 35 of them signed this Petition. It clearly indicates that as we go on with our work as the Senate, the interconnectedness between the Senate and county assemblies The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Dr.) Zani, your time is up.

Mr. Deputy Speaker, Sir, can I have one second?

Go ahead.

As I wind up, I think this particular petition will throw light on the process of bringing rules and regulations into streamlining the work that happens in county assemblies. Thank you.

Sen. Sang, I am running the House. So, stop making such kind of comments from where you are sitting because I can hear you. Sen. (Dr.) Machage, you have two minutes.

Bw. Naibu Spika, mbiu ya mgambo ikilia kuna jambo. Palipo na moshi hapakosi moto. Wawakilishi wa Wadi wa Kaunti ya Garissa wameleta maombi yao kwa Seneti kwa sababu ya bajeti ya kaunti yao. Hii inatokana na mapendekezo ambayo yamefanywa kwa njia ya hila na kiongozi wao. Nitatafakari mawazo ya Sen. (Dr.) Khalwale ambayo amesema kwamba Kipengele cha 96, kwa mujibu wa Katiba, huenda kisipewe uwezo mkubwa katika Seneti kuwa na nguvu zozote juu ya jambo hili. Hatujui undani wa mapendekezo na maombi yao. Hata hivyo, huenda 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, mine is to commend Garissa County Assembly for coming up with this kind of a petition. Secondly, we have tried to stop the flow of funds to counties but the legal mechanisms are tedious. It is incumbent that the timelines of some of the petitions that touch on matters which are urgent be looked into. I appeal to county assemblies across the country and particularly the MCAs of Kisii who are busy ruining the lives of young children to follow the example of Garissa. They should do their oversight role and deal with matters pertinent to nation building rather than decaying our society morally. I hope the relevant agencies who took the matter of the MCAs of Kisii will deal with it expeditiously according to the law. I support this Petition.

On a point of order, Mr. Deputy Speaker, Sir. The Senator for Nyamira is telling the Republic of Kenya, live, that MCAs of Kisii defile children and that is a very important assertion. Since we have got over 60 MCAs in Kisii, it is important that he be specific lest people think that all the MCAs in Kisii are rapists. Could he substantiate the MCAs defiling children in Kisii?

Sen. Okong’o, what exactly did you say?

Mr. Deputy Speaker, Sir, there is a matter affecting two MCAs from Kisii regarding molesting girls who are students of Nduru Girls’ High School. This is a matter of public notoriety and I expect the good Senator for Kakamega to be aware of that. Since the matter is before a court of law, we do not have to delve further into that.

Sen. Okong’o, that is a matter of interest. I am sure you are conversant with Standing Orders. What is the relevance of that to the matters we are dealing with now?

Mr. Deputy Speaker, Sir, we are dealing with matters of county assemblies, oversight and other roles pertaining the Constitution. I supported Garissa County Assembly for bringing this Petition. Then, I appealed to other county assemblies in the country to be involved in matters of national building rather than being involved in criminal matters.

Sen. (Dr.) Khalwale, are you satisfied?

Mr. Deputy Speaker, Sir, I cannot be satisfied because I was not asking for too much. I just wanted to protect the integrity of the majority of MCAs in Kisii who do not have such a matter on their hands. He will do very well to state the names of the two MCAs so that the respect and integrity of other MCAs is upheld, not just by this House but the rest of the country.

That is why I raised the matter with Sen. Okong’o because all of us read in the newspapers and we know it is a very serious allegation. However, it is an allegation specifically against two individuals which is criminal nature. That is the reason I asked you about the relevance of what you are saying in regard to what we are dealing with now. You cannot talk about any county assembly 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. Deputy Speaker, Sir. With all due respect, Sen. Okong’o comes from Kisii. Are we, therefore, in order to doubt the messages he is trying to pass to this House? Maybe there is a lot of truth in whatever he has said.

Are you taking issue with what I said because that will be a different issue? Sen. (Dr.) Machage, the point I am making is that I am not in any way condoning an act like the one that Sen. Okong’o has talked about. The point I made is that when an act of criminal nature is made against an individual, you cannot vest it upon an institution where that person works or is based because it is specific. When we talk about Kisii County Assembly in that regard, it is like saying that all of them are culpable because two of them were culpable. From what Sen. (Dr.) Khalwale said, this is not an issue that I want to protract. The point is made and our rules of procedure and particularly on relevance must be in the mind of each one of us when we stand up to debate. That is the message I am trying to send out.

On a point of order, Mr. Deputy Speaker, Sir. I agree with you entirely in your direction on this matter. However, for record purposes, I would like to state that Sen. Okong’o comes from Nyamira but not Kisii.

I thought so. However, I wanted you to come out with it. Now shall we go back to the business of the House? Sen. Hargura you are the last one on this issue.

Mr. Deputy Speaker, Sir, I commend the Members of the County Assembly from Garissa County for bringing this Petition to the Senate. The county assemblies are supposed to oversight the executive at the county level. Among the things they do is ensuring that the budget is done and then further, the implementation of the same. They also have responsibility on how debts are incurred in the counties. In the first year, when we were summoning the governors, they have been quick to say that they are being oversighted by the county assemblies. However, this is a case that they are resisting that oversight. We have to take that seriously and the relevant committee has to ensure that this kind of impasse is solved so that the residents of Garissa County do not have to suffer because the executive and the county assembly are not seeing eye to eye and that there is no budget for 2016/17. Regarding the issue of regulations, yesterday there was a petition here about the Public Finance Management (PFM) Act and the regulations. Therefore, the committee also needs to look at this so that the hands of the MCAs are not tied by regulations which are being made by Treasury which seem to be favouring the executive.

Thank you very much Hon. Senators. Pursuant to Standing order No.227(1), the Petition stands committed to the relevant Standing Committee; in this case, the Standing Committee on Finance, Commerce and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Deputy Speaker, Sir. In the recent past and up to including yesterday, matters university have been featuring. I request you to indulge me; I send my greetings to Prof. Akenga.

What is your point of order?

Mr. Deputy Speaker, Sir, I request you to allow me to acknowledge the presence of our good students and lecturers---

Order, Sen. (Dr.) Khalwale! Take your seat! You know the rules of the House rather well. If you want to make any comment pertaining to the visiting students and lecturers, make a request the normal way. I have never denied you the chance to do that. You cannot jump the queue by standing and saying that you are on a point of order. Sen. Murkomen, what is your point of order?

Mr. Deputy Speaker, Sir, you have disposed of it. I was just getting concerned that Sen. (Dr.) Khalwale in the tradition of where he comes from, was using the Senate because he knows it is airing live, to send greetings to a vice chancellor of a university. Is that in order?

I will now restrict this to two minutes each. Sen. (Dr.) Zani!

Mr. Deputy Speaker, Sir, I also join the Chair to welcome the students and lecturers form the University of Eldoret, a well renowned University. I have been there on several visits and I was very impressed about the way work is getting on there; that this afternoon you can be in the Senate and see how we conduct our work. According to our Provision in Article 96 of the Constitution, we are the guardian angels of counties. We look at matters counties. As the Standing Committee on Education, we have been dealing with various issue that have been going on in universities; issues of appointments. This was even highlighted in the latest NCIC Report in terms of ethnic division across the various institutions. We are looking for ways and means of putting all these issues to rest so that we have merit and ethnicity as we look for the best balance. This is our Kenya for all us. Welcome to the Senate of Kenya. 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, as the Chairperson of the Standing Committee on Education I welcome the students to the Senate. I wish them a good stay as they continue being here. As they go back, they should keep off what is not good for them, let them know what is necessary for them to know.

Sen. Karaba, I will not allow that to go unnoticed. There is nothing bad that goes on in here.

Mr. Deputy Speaker, Sir, I am talking of the University of Eldoret. Not here. There are very many brings that are happening there and students should stay as students. We are capable of solving those problems when we are here. That is what I am telling them.

I see. I would have been very worried. Sen. (Dr.) Khalwale!

Mr. Deputy Speaker, Sir, I stood and still remain guided about the point of order. Allow me to welcome the delegation especially of the young people; the students, not forgetting the lecturers. I send them to deliver my greetings to Prof. Akenga, who without the intervention of this House, some villagers wanted to throw out. Our visitors should take comfort from the fact that when things are difficult, this House will always be there to stand with them. For the lecturers, here, the future is very bright. Once upon a time, Sen. Murkomen was a young lecturer like you. Now he sits in our midst; of course the fact that he is being hounded on the ground by Mr. Kimaiyo notwithstanding. It is part of the game. Finally, I want to speak to the nation on the role and opportunity of having our students in the university. I appeal to all Kenyan leaders to view universities as centres that give an opportunity for national integration of our ethnic communities, diverse as they are, so that Kenyans, especially the youth can think Kenya. In our time, one could join Kagumo High School, Kakamega High School and so on. Today, somebody who was misguided in the days of baba na mama, brought in the issue of quotas and children ended up being admitted in villages, thus being denied a big opportunity for integration.

Mr. Deputy Speaker, Sir, I welcome the students and lecturers from the University of Eldoret. There is a very important phenomenon that is going on in the university and that is a very worrying trend. As a lecturer, one of the things we used to struggle with and Sen. (Dr.) Zani will agree with me, is students who do not want to learn. They are in the university to pass exams and do not want to acquire knowledge by themselves. These are students who, when they are told to do research, go through shortcuts. I know people out there with so called Ph.D but honesty cannot read one page of their thesis because someone else was doing the thesis for them. It is important that we restore the credibility of our universities; that it becomes a place of knowledge and not a place of getting papers. Too many people have papers but have no knowledge; too many people have knowledge but have no wisdom. The university should be a place of wisdom, integration, getting universal values and a place that many students will interact across political and ethnic divide. I speak as a former student leader and a former lecturer at the university. The university students and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, I also welcome the students from the University of Eldoret. I remind Kenyans what university is. It just means universal, all inclusive. What is going on in the institutions of Rift Valley is not very healthy. Looking at the students, I am reminded of 1976 when I was a first year at the University of Nairobi. I do not know how old most of you were. However---

On a point of order, Mr. Deputy Speaker, Sir. I did not mean to interrupt Sen. (Dr.) Machage. However, there is a narrative that we cannot allow to continue where national institutions are being regionalized. Is it in order for Sen. (Dr.) Machage to call a universal university like Eldoret University and others, institutions of Rift Valley?

Sen. (Dr.) Machage, did you do that?

Mr. Deputy Speaker, Sir, interpretation especially to the language of English is subjective. It depends on the context under which he understood my statement.

What did you actually say?

Mr. Deputy Speaker, Sir, I talked of what is going in the university institutions in the Rift Valley. The HANSARD is there to prove me right. That is the truth.

Mr. Deputy Speaker, Sir, that is different.

Order! Just proceed with you contribution.

Mr. Deputy Speaker, Sir, we as Kenyans and more so, nationalists are appalled and unhappy. Universities in this country should be centres that actually preach not only peace but also ethnic tolerance and total integration of the Kenyan society. I stand by that. It so happens that that is the focus of the origin of that episode. It should stop at that. I believe legislators in this House should be at the forefront in stopping that and not enhancing that kind of practice.

Mr. Deputy Speaker, Sir, I join my colleagues in welcoming the students from, the University of Eldoret and some of them from Moi University. I tell them that the sky is the limit, education is the greatest equalizer. They should focus on merit. I want to advise them that whereas the Constitution talks about regional, ethnic, minority and marginalized, a student in the University of Eldoret from a minority community will not be awarded a first class honours degree if he scored points that earn him a second class honours. Therefore, they should ignore this discussion on regional ethnicity and focus on merit. They will always get what they want in life through hard work and merit. This discussion on regions should be left to us the politicians. They will make it in life by focusing on merit. That is how they are going to make it in life. With those few remarks, I welcome them to the Senate.

Mr. Deputy Speaker, Sir, as the president of the youth in the Senate, I wish the students of University of Eldoret as well as Moi University the best. 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. Kanainza, I just want to get it right. I did not hear you right. Did you call yourself something president in Senate? Can I get it right? What did you say?

Mr. Deputy Speaker, Sir, I said as the president of the youth in the Senate. I am the representative of the youth in this House. Not the Senate president but the youth president.

The youth president in the Senate? I am interested. That is very interesting. It is the first term I have heard that term. You may represent the youth out there and may be their president. However, in the Senate, you are a Senator; a nominated Senator representing a certain interest. I do not know about the term “president”.

Mr. Deputy Speaker, Sir, allow me to appreciate the visit by the students---

You will get an extension of time; you will still have your two minutes. However, I want to understand what you mean by that statement.

Mr. Deputy Speaker, Sir, what I meant is that I represent the interests of youth in this House.

That does not make you a president within Senate.

Mr. Deputy Speaker, Sir, I meant the president of the youth and not the president of the Senate.

You are twisting words; I did not even say that.

On a point of order, Mr. Deputy Speaker, Sir. I want to emphasize that the record must always be set straight. Since we do not have the position of the youth president for the Senate in this Senate or anywhere in the Republic of Kenya, could her words to that effect be expunged from the record, so that she speaks to what she has now correctly said; that she is the representative of the youth by virtue of nomination through Article 97?

Is she the representative or a representative of the youth? This is a serious point. Is it you alone or is there another Senator who is also charged with representation of the youth?

Mr. Deputy Speaker, Sir, I am standing as the competent representative of the youth. I know we are two of us here---

I will not allow that to go unchallenged, unless you have had an election and chosen one of you to be the president. This is because there are two representatives of the youth in Senate. Therefore, you can only be “a” representative and not “the” representative of the youth.

Thank you, Mr. Deputy Speaker, Sir, for the correction. As a representative of the youth in this house, I want to congratulate and welcome the students of the two universities and inform them that their dreams are valid. I joined this Senate at 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, I congratulate the students and the staff from Moi University who have visited the Senate. Many universities have been established in this country but, unfortunately, none of them is known for any specialization. We would like to have institutions that excel in something. For example, when I was in university, I knew that if one went to Makerere University they would become a medical doctor and if one went to Dar es Salaam they would probably come with an excellent legal certificate. The University of Nairobi was also known for technical engineering courses. We would like our universities to become excellent in some field. I want to encourage Eldoret University to set the standards by specializing, particularly, in the area of research, publications and innovations. I had the pleasure to make a contribution to the Mackay Commission that established Moi University as the Dean of the Dental School. I wrote a paper that eventually established the Medical School in Eldoret. Mr. Deputy Speaker, Sir, I want---

On a point of order, Mr. Deputy Speaker, Sir. Have you heard Sen. (Prof.) Lesan mislead the children who are in the Gallery today---

There are no children in the Gallery; there are university students.

Mr. Deputy Speaker, Sir, he is misleading the young Kenyan students who are at the Gallery today that Makerere University was a center of excellence for Medicine while the University of Nairobi for known for Engineering and the University of Dar es Salaam for Law. Whereas that history is true, is he in order to mislead them that our universities, as presently constituted, ideally should also be centers for something? He knows very well that the reason that was obtaining at that time was because the former University of East Africa opened campuses in Kampala (Makerere) Dar es Salaam and Nairobi and that is why certain courses were being done there. Is he in order to suggest that since our universities give wholesome education, they are missing something? Could he be pushed to apologise to the lecturers and students in our able universities, given that the University of Nairobi was ranked among the top universities in Africa?

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. (Dr.) Khalwale in order to mislead the public that Sen. (Prof.) Lesan is out of order, yet, he is making a very valid point? What is the point of having a Law Campus under the Jomo Kenyatta University of Agriculture and Technology or for it to offer Theology or a course that is not even in consonance with the name of the university?

What is your point of order, Sen. Murkomen? 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

Is it in order for Sen. (Dr.) Khalwale to use such heavy words against another Senator; a Professor who taught in the School of Medicine of the University of Nairobi, he has not even taught in a polytechnic? That point is arguable for those of us who have taught in the university.

Order! Sen. (Prof.) Lesan.

Mr. Deputy Speaker, Sir, I do not think that I am misleading the nation, because this is factual. I come from the background of the university. I have been an administrator in the university and know that the more you have focused on a particular issue, you come out with the best results. The best universities in the world are known for something. They put their investment, financial or otherwise, into a certain area and are able to produce results. My colleague has just given us an example of Jomo Kenyatta University of Agriculture and Technology that has slowly lost focus on producing the best in a particular area. It is now involved in producing accountants and even teachers. They are spending their resources otherwise, when we know the best universities are focused.

On a point of order, Mr. Deputy Speaker, Sir. While the points being raised by Sen. (Prof.) Lesan are valid, is he in order to lambast students? He is a Member of the Committee and knows where to channel those kinds of concerns. Is he in order to lambast students who are just on a visiting mission in the Senate on how universities should be run or renamed and whether a university believes in one thing or the other? Is he in order to do so, yet together with Sen. Murkomen, they claim to have taught in universities?

I do not know how long you want to take on this.

Order, Sen. (Prof.) Lesan! You still have your two minutes, because I know that you have been distracted. However, I do not want to have too many points of order, because you are using them to make further arguments and debate on this issue. I think the point being made by Sen. (Dr.) Khalwale, Sen. (Prof.) Lesan and Sen. Murkomen; about specialization at the universities are very valid. I do not think that Sen. (Prof.) Lesan made any mistake because he was looking at the historical background of the universities and what they used to offer. He was stopped before he had even elaborated on what he wanted to completely state about his submission. Let him finish and have the students and lecturers get something from this debate. I think it is an important debate because it touches on the education of the students that we have in the various universities, both public and private. Proceed, Sen. (Prof.) Lesan.

Thank you, Mr. Deputy Speaker, Sir. Let me just mention that the students themselves are the ones who help the universities to become focused. For example, sometimes you want to go to a certain university because they are excellent and they have the best professors wherever they are. Therefore, students themselves by choosing particular courses in certain institutions would assist the institutions to stay 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. Finally, Sen. Melly!

Thank you, Mr. Deputy Speaker, Sir. Allow me to also join my colleagues in congratulating the lecturers and the students of the School of Education from Eldoret University for having time to come to the Senate and learn a few things. Mr. Deputy Speaker, Sir, I want to inform them that this is a House of people rich in wisdom. They have an opportunity to interact and see great minds discussing ideas. I want to appeal to them to take their education seriously. This is a lifetime opportunity for them. Not all young people have made it to the university. They have an opportunity to change their background and an opportunity to sit one day at the Senate and discuss issues pertaining to our country. Mr. Deputy Speaker, Sir, I know yesterday, students demonstrated again at the University of Eldoret but I want to tell that everything is now calm, they can continue with their studies and they should understand that they are here for their good to ensure that they have a good environment to study, excel and one day be in the books of history for having excelled in different fields. Mr. Deputy Speaker, Sir, once again, I welcome them and wish them a fruitful stay as they engage with different Houses of Parliament. Thank you.

Sen. Sang, what is your point of order?

On a point of order, Mr. Deputy Speaker, Sir, would I be in order to request Sen. Melly to remind the students that he had visited the university sometimes back and that visit was of great importance?

Order, Sen. Sang! I do not think it is upon you to pre-empt Sen. Melly. Sen. Sang, you are out of order on that score. Next order!

Thank you, Mr. Deputy Speaker, Sir. Pursuant to the provision of Standing Order No. 45, this is to present to the Senate---

Order, Sen. Murkomen! Please, take your seat. I am advised that although it is stated as a paper, it will come under statements. So, just give a little while. 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

Hon. Senators, pursuant to the provisions of Standing Order No.45, this is to present to the Senate the business of the coming week commencing on Tuesday, 11th October, 2016. The Senate Business Committee will meet on Tuesday, 11th October, 2016 at 12.30 p.m. to schedule business in the Senate for the week. Subject to further directions by the Senate Business Committee, the Senate will continue with the business that will not be concluded in today’s Order Paper focusing on the debate on Bills at the second reading stage and those at the Committee of the Whole stage. On Wednesday, 12th October, 2016, the Senate will continue with the business not concluded during Tuesday’s sitting including Bills that will have been concluded at Second Reading and further consider the Bills at the Committee of the Whole. The following Bills will be scheduled for the Committee of the Whole:- (a) The County Outdoor Advertising Control Bill (Senate Bill No. 11 of 2015); (b) The Employment Amendment Bill (Senate Bill No. 1 of 2015); (c) The County Library Service Bill (Senate Bill No. 6 of 2015); (d) The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No. 8 of 2015) and (e) The Petition to County Assemblies (Procedure) Bill (Senate Bill No. 35 of 2014). The Senate will consider any other business scheduled by the Senate Business Committee. On Thursday, 13th October, 2016, the Senate will consider Bills at second reading, deliberate on Motions and any other business scheduled by the Senate Business Committee. Hon. Senators, let me take this opportunity to welcome you back from the long recess and note that despite the numerous interruptions caused by the Special Sittings, I believe that the break was nonetheless worthwhile. I hereby lay the statement on the table. I thank you.

Okay, we have several statements. Let us go through them one by one. Statement No.(a). National Security and Internal Coordination Chairperson! 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, I had the statement but then Sen. Wangari requested if we can issue it on Tuesday.

Okay, so ordered. Statement (b) which is also from you! ASSAULT OF MATATU DRIVER BY POLICE OFFICER ALONG MOMBASA-KILIFI ROAD

Yes, Mr. Deputy Speaker, Sir. I have statement (b) but I cannot see Sen. Madzayo in the House. So, I would request if we can issue the same on Tuesday. INCREASE IN PRICE OF MAIZE FLOUR

Okay, so ordered. Statement (c) on Agriculture, Livestock and Fisheries! Both of the Chairman and the Senator are not present. That one is stood over. Statement (d), Sen. Karaba! BURNING OF SECONDARY SCHOOLS IN KISII COUNTY

Mr. Deputy Speaker, Sir, I seem not to have had the statement with me and I would think that in a week’s time, it is possible to have gotten it.

That is on Thursday next week?

Yes, Mr. Deputy Speaker, Sir.

It is so ordered. Statement (e), Sen. Adan! VOLATILE SITUATION IN SOUTH SUDAN

Mr. Deputy Speaker, Sir, I do not have this particular statement but I have a letter from the Ministry requesting for two more weeks to be able to give us supplementary information to this statement.

Two weeks?

Yes, Mr. Deputy Speaker, Sir.

Two weeks is so ordered. Next Statement (f)! CAUSES OF INCREASED DEATHS IN WESTERN KENYA

Mr. Deputy Speaker, Sir, I do not see the Senator who requested for the Statement in the House.

Do you have the Statement with you?

The Statement will be ready next Tuesday, Mr. Deputy 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

So, I think that is what you should say. You should say the Statement is not ready but not trying to accuse the Senator. So, when do you want to issue the Statement? Is it Tuesday next week or when?

Mr. Deputy Speaker, Sir, we got the information from the Ministry of Health today and they promised to deliver the Statement on Monday. So, we will deliver it on Tuesday.

Tuesday next week is so ordered. Statement (g)! Sen. (Prof.) Lesan, do you have the Statement with you? STATUS OF TEA FARMERS’ MONEY HELD IN A KTDA FIXED DEPOSIT ACCOUNT AT IMPERIAL BANK

No, it is not me to give the Statement. I am the one requesting for the Statement.

I know. Has the response been given to you?

Mr. Deputy Speaker, Sir, I have not received any Statement and I was only going to ask that this matter be speeded up because farmers are anxiously waiting to hear what has happened to their money.

The Chairman is not here so it will be listed on the Order Paper for Tuesday next week.

Thank you, Mr. Deputy Speaker, Sir. DISMISSAL FROM SERVICE OF PRIVATE ABDIRAHMAN OMAR MADEY

Could we hear from the Standing Committee on National Security and Foreign Relations. Sen. Adan?

Mr. Deputy Speaker, Sir, I have the Statement. Unfortunately, Sen. Bule is not in the House. We can issue it on Tuesday, next week.

So ordered.

STATUS OF IMPLEMENTATION OF THE SENATE RESOLUTION ON THE DISAPPEARANCE OFTWINS AT PUMWANI MATERNITY HOSPITAL Could we hear from the Sessional Committee on Implementation? Sen. Orengo is not here. Sen. Wangari is also not in.

Statement (j) has been issued. That is it with Statements. 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

On a point of order, Mr. Deputy Speaker, Sir. I sought a Statement from the Committee on National Security and ForeignRelations almost four months ago relating to an incident where a number of school going children had disappeared and some were found murdered. You remember that the Chairman had not responded by the time when we went for recess. I have not received any communication from the Chairman regarding the status of that request.

Which Committee?

The National Security and Foreign Relations Committee.

Mr. Deputy Speaker, Sir, if I remember very well, the instruction from the Speaker last time was to summon the Cabinet Secretary (CS) Ministry of Interior and Coordination of National Government on this particular issue. Unfortunately, we went on recess without getting commitment from the CS. I request to be given one week to follow up on this matter.

Mr. Deputy Speaker, Sir, you will remember that this was a matter that generated serious debate in this House. We had exhausted the avenue of inviting the CS and waiting for him. We even suggested to the Committee to summon the CS in accordance with Article 125 of the Constitution. I think the Committee Vice-Chairperson is being a little insensitive when she says we went on a long recess and that they have not summoned the CS, neither have they received any communication from him. I am sure hon. Members will remember that we all contributed to the extent that we even suggested to the Committee that they need to consider a censure Motion against the CS.

I hear you, Sen. Sang. However, Sen. Adan says that she remembers the final ruling which was to summon the CS or he be invited to come and deal with the issue. It is true we have been on recess. I do not see a request of one week as being too unreasonable in the circumstance if that is what the ruling of the Speaker was. Let her have one week so that she can see if she can summon or invite the CS. There is nothing else that we can do about it. That is the way I look at it.

Mr. Deputy Speaker, Sir, if you heard what the Vice-Chairperson was whispering to me, you would know she is dismissing my statement. Could you give her the opportunity to share with this House what she is whispering to me?

Did you ask for time to avail statement next week, Sen. Adan?

Yes, Mr. Deputy Speaker, Sir. I have requested for one week to follow up on this matter.

That is the only thing I have on record, Sen. Sang. What is your point of order, Sen. Obure?

On a point of order, Mr. Deputy Speaker, Sir. I am somewhat disturbed that we had nine responses to requests that had been made in this House and we have not been able to transact even a single one. The reason for this is that the Senators who requested for the statements are not in the House, or the statements are not ready and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

The trouble is that in the current situation, three of the Senators seeking the Statements are not in the House. The Senate Minority Leader who had sought for Statements (e) and (f) had indicated that he will be away and asked that we defer them. That is understandable. We can take the view that a Statement once sought is the property of the House unless the Senator seeking the Statement requests that it be deferred because he or she is absent. If he fails to do so, then the Statement should be issued notwithstanding the absence of the Senator because it is the property of the House. I hear what you have to say Sen. Obure, but this is an issue that has to be put before the Senate Business Committee so that we can make a final decision. I agree with you because there is no good reason why more than 10 Statements, some of which are ready, should not be issued because either the Chairman or the Senator seeking the Statement is not here and the Speaker or his office does not have that information. I hear you and I think that is important, going forward. Going back to Sen. Sang’s issue, I think this is important for you, Sen. Adan, to look into it. This matter last came to the House on 4th August, 2016. The Speaker directed your Committee to summon the CS for Interior and Coordination of National Government, the Permanent Secretary (PS) and the police Inspector General (IG). You were not to invite them, but you were to summon them. The ball is in your court and not the Speaker’s office. It is your Committee to do as it was directed by the House. I do not know if you will be able to do that by Tuesday, next week? You have sought for one week, so it shall be.

Mr. Deputy Speaker, Sir, I wanted clarification on what is appearing as a conflict between the two Senators. What happened when to the statements which were supposed to be answered at that time we proceed on recess? Do they expire or do we continue with the same?

Order! We are in the same Session. We are not in a different Session. Statements only expire if you move from one Session to the next. We were on recess; we had not gone to another Session. The statements are still alive or live. Did you seek the Floor, Sen. (Dr.) Khalwale? Hon. Senators, you note that Orders No.8, 9, 10 and 11 are for Division. I can only see one whip here. We do not have the numbers. So, we have to defer Orders No.8, 9, 10 and 11.

On a point of order, Mr. Deputy Speaker, Sir. I am afraid that the Chair is losing me. If upon the order being read, the business is Second Reading- --

Has it been moved? 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, it is Second Reading. It means it has been moved.

Not the one for Order No.12. My understanding, of course - and maybe yours could be better than mine - is that if the Bill has been moved and seconded then the debate is on. It should be noted there that it is resumed debate.

Mr. Deputy Speaker, Sir, I share the same view.

This one is just written “Second Reading.”

Mr. Deputy Speaker, Sir, I mistook it to mean that it had already been moved.

It would be showing that it is a resumed debate. Therefore, regarding order No.13, Sen. Elachi is not here. So, we stand it down. Next order!

THE IMPEACHMENT PROCEDURE BILL (SENATE BILL NO.8 OF 2016) Sen. (Eng.) Muriuki is not here. So, again we stand it down.

Next order!

I know that Sen. Mositet is not here. My memory about Motions is that if the Mover is not there, it dies and cannot be brought back until six months expire. However, I will leave that to the Rules and Business Committee (RBC).

Next Order! CREATION OF AN OFFICE TO AUDIT THE BASIC EDUCATION INSTITUTION FUNDS THAT, whereas Article 53 (1) (b) of the Constitution provides that every child in Kenya has the right to free and compulsory basic education; RECOGNIZING the importance of education in the alleviation of the main challenges facing Kenya’s sovereignty identified at independence, namely; poverty, illiteracy and disease; APPRECIATING the gains made following the implementation of the free primary education program in 2003 and cognizant of the principles set out in the Basic Education Act of 2013 whose objectives include promotion and regulation of free and compulsory basic education besides providing for accreditation, registration and management of basic education institutions; NOTING the substantial resources invested by the national and county governments, parents, sponsors and development partners in the provision of basic education; FURTHER NOTING that pursuant to the Basic Education Act, the County Director of Education is vested with numerous responsibilities including facilitation of auditing of all basic educational institutions in the respective county thereby leaving fundamental gaps of governance especially in the management of the available resources; NOW THEREFORE, the House recommends to the Cabinet Secretary for Education to facilitate the creation of the office of an auditor to specifically audit the basic education institutions’ funds to enhance transparency and accountability and improve governance in the management of these institutions. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

I do not see Sen. (Prof.) Lonyangapuo. So, the same fate befalls that Motion. Let us move on.

Let us move on. Next order! ADOPTION OF REPORT ON THE SECURITY SITUATION IN MANDERA, LAIKIPIA AND KAPEDO THAT, this House adopts the Report of the Standing Committee on National Security and Foreign Relations on the assessment of the security situation in Mandera County, Laikipia County and Kapedo (Border town of Turkana and Baringo Counties) conducted between 19th January and 5th February, 2015 and laid on the Table of the House on Wednesday, 29th July, 2015.

I do not see the Chairperson of the Committee. So, again that goes out.

Next order! ADOPTION OF REPORT OF THE NATIONAL SECURITY COMMITTEE ON STUDY VISIT TO RUSSIA THAT, this House adopts the Report of the Standing Committee on National Security and Foreign Relations on the study visit to Russia laid on the Table of the House on Tuesday, 15th March, 2016.

Similarly, this is deferred as Order No.17.

Next order! NOTING OF REPORT ON THE THIRD GLOBAL OPEN GOVERNMENT SUMMIT THAT, the Senate notes the Report of the 3rd Global Open Government Partnership (OGP) summit held in Mexico City, from 25th October to 1st November, 2015 laid on the Table of the House on Tuesday, April 19, 2016.

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

Sen. (Dr.) Zani is not here. Next order! Sen. Sang, what is your point of order.

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. Murkomen in order to continue anticipating your ruling in each of your directions on each of these Motions? Every time a Motion is read, he is already saying that the Mover is not there and shortly afterwards, you say the same thing.

I did not hear him. Next order! ADOPTION OF EDUCATION COMMITTEE REPORT ON THE 19TH CONFERENCE OF COMMONWEALTH EDUCATION MINISTERS

Mr. Deputy Speaker, Sir, I move that the report of the Standing Committee on Education on the 19th Conference of Commonwealth Education Ministers held in Bahamas from 22nd to 26th June, 2015---. This meeting was held in the Capital of Bahamas, Nassau from 22nd and ended on 26th.

Sen. Karaba, I do not want to interrupt you but you know how to move a Motion. You have not moved the Motion yet.

Mr. Deputy Speaker, Sir, the report of the Standing Committee on Education on the 19th Conference of Commonwealth Education Ministers held in Bahamas from 22nd to 26th June, 2015.

Mr. Temporary Speaker, Sir, I beg to move:- THAT, the Senate adopts the Report of the Standing Committee on Education on the 19th Conference of Commonwealth Education Ministers held in the Bahamas from 22nd to 26th June, 2015 laid on the Table of the House on 14th April, 2016.

(Sen. (Dr.) Machage): This recess seems to have done a lot of damage.

Mr. Temporary Speaker, Sir, it has done a lot of damage. As indicated, the meeting was held in Nassau, the capital of the Bahamas. The Bahamas is one of the islands in Central America. We were represented by a number of Members among them Sen. (Prof.) Lesan, others and I. The conference was a ministerial roundtable that considered quality and delivery mechanisms required to meet individual needs and global standards of education. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir---

(Sen. (Dr.) Machage): Order, Sen. (Prof.) Lesan. It is a tradition that when you are seconding a Motion, you move to the Dispatch Box. Please learn fast.

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. Temporary Speaker, Sir. I take this opportunity to second the Motion as one of those Senators who attended the Commonwealth Education Ministers Conference in Bahamas. This was a useful conference in that it brought together a wide variety of stakeholders dealing with matters of education, more particularly in the Commonwealth. In one of the side sessions that I attended while in this conference, was a session on the handling the threat that the education sector faces from terrorism. There were many concerns expressed by many participants in the conference as to the influence or the effect of terrorism worldwide on education and educational institutions. Mr. Temporary Speaker, Sir, this was a significant conference for us from Kenya because this is a point at which we felt that we were directly affected because this conference came a year after terrorism had affected and disrupted education in our country. The conference dealt with many issues, for example, how students particularly in education institutions can participate in managing or trying to contain terrorism. There were many suggestions in this conference which I thought were useful in handling terrorism in academic institutions by ensuring that the initial phases of radicalisation of students which usually happens in institutions is contained at an early stage. Methods of trying to do that were discussed in this forum. Mr. Temporary Speaker, Sir, there was also a huge concern in the conference about the disparity between the numbers of instructors in the institutions and the number of learners. In other words, it is the student/teacher ratio in the Commonwealth countries. There was nowhere which this concern was more worrying than in our country. The ratio between the teachers and the students is a concern to all of us and every Kenyan. We know the enormous shortage of teachers that this country is facing. This is a concern that was addressed in the Commonwealth Education Ministers. There were some concerns that the Kenyan delegation picked up from this conference. We have been sharing the information with the Committee on Education in the Senate and the Ministry of Education, Science and Technology as to how this problem can be handled throughout the Commonwealth, including our country. So, I want to be part of this Report which has been tabled and which reports on what transpired in the Bahamas. I must report to this House that the experiences that the Senators learnt from this conference is invaluable and we have used some of that experience.

Mr. Temporary Speaker, Sir, I wish to pay tribute to the distinguished Senator from Kirinyaga, Sen. Karaba who continues to raise the pride of this House and the flag of the nation using his vast experience in education. Once again, he made us proud at this conference. Reading through this Report, I am pleased to be informed that as early as 1959 - when almost 80 per cent of the Members of this House were not yet born - this idea had The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Your time is up. Sen. Hassan Abdirahman Ali.

Thank you, Mr. Temporary Speaker, Sir. I do not want to be left behind in contributing to this important Motion. I want to thank colleagues who attended the Global Conference of the Commonwealth Ministers of Education in the Bahamas. As our country gained Independence in the early 1960s, one of the key priority areas was education; fighting ignorance means educating people. To date, as a country we are still grappling with the low levels of education, low literacy levels and the disparities that exist in our nation. Certain regions in this country register about 90 per cent literacy levels in terms of education, but some of the areas have as low as 30 per cent, particularly in Kuria where the Chair comes from and areas like Wajir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I stand to support the Report from the Conference of the Commonwealth that was held in the Bahamas between 22nd to 26th June, 2015. The Report is comprehensive because it tackles everything under the sun regarding education, including issues of mental health and early marriages, among others. It is within the context of Commonwealth nations. I thank my able Chairperson of the Standing Committee on Education, where I am also a Member. This is a well written report. It is very systematic and logical, with a clear flow. Anybody who was not in the conference would understand what happened and who presented various issues and points. It also has very clear recommendations. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Sen. Muthama!

Bw. Spika wa Muda, nashukuru kwa nafasi nzuri ili niweze nami kuchangia Hoja hii ya maana ambayo imeletwa na Mwenyekiti wa Elimu, Sen. Karaba. Maswala yaliyozungumziwa hapa na wenzangu yana uzito mkubwa sana. Kwa kweli ukiangalia, nchi inaelekea njia panda ikiwa inatafuta suluhu ya matatizo ya elimu ya watoto wetu. Nilipopata ripoti hii, nilifululiza mpaka ukurasa wa 21, kipengee cha 233. Sehemu ya kwanza ya haki inasema kwamba elimu ni haki ya kikatiba kwa kila mwanacnchi. Elimu ni haki kwa kila mtu kwa mujibu wa Katiba. Serikali yoyote ina jukumu la kuangalia kwamba, jambo hilo linathibitiwa vizuri na wananchi wanategemeo kubwa kielimu. Lakini cha kuhuzunisha ni kwamba taifa letu halijatambua na kuamua kwamba ni haki ya Mkenya kupata huduma inayomfaa kama vile elimu. Bw. Spika wa Muda, nimekuwa nikitazama kipindi hiki cha miaka minne cha Bunge la Kumi na Moja ambacho kinaelekea kuisha, jambo la kuhuzunisha ni kwamba, viongozi walioko serikalini; Rais mwenyewe, Naibu wake na Mawaziri wao na washirika ambao ni wafuasi wa chama, utaona Rais au Naibu wake wakifunga safari; kama juzi Mheshimiwa Ruto ambaye ni Naibu wa Rais alienda sehemu za Ukambani ninakotoka sehemu za Makueni na akawaambia wananchi kwamba ikiwa wanataka maendeleo ni lazima wajiunge na Serikali ya Jubilee ili wapate maendeleo. Tunaona fikira ya Naibu wa Rais ambaye ana jukumu kubwa sana la kutembea katika taifa letu na kuenda sehemu kama hiyo na kuwaambia wananchi wa pale kwamba wao ni Wakenya na wana haki kupata huduma za serikali bila kuzingatia misingi yao ya kisiasa Bw. Spika wa Muda, ukiangalia ukurasa huo huo, na uangalie maneno hayo, utaona kwamba hakuna sheria Kenya ya kusema kwamba ni lazima Mkenya apate masomo na apewe masomo hayo na serikali. Kila mwananchi ana haki kuamua ataenda wapi. Pia, ukiangalia ukurasa wa 25, mstari wa kwanza, inasema kuweka elimu kuwa ya kibinafsi katika taifa lolote, mkutano huu ni wa dunia. Inasema kwamba unadhihirisha kwamba ile huduma inayotolewa na serikali haitafaa wala haitafua dafu kamwe kwa sababu ukiangalia hali ya maswala ya elimu katika taifa letu, iko na mirengo miwili. Jambo la kuhuzunisha ni hilo. Mimi nasema hapa leo kwamba pahali tunaelekea, tunawasha moto katika taifa letu. Hii ni kwa sababu tumeshuhudia walimu wakiandamana na kugoma. Kuna wakati walienda mgomo miezi mitatu. Watoto wa maskini ambao wazazi wao hawajimudu kuwapeleka katika shule za kibinafsi, walikaa nyumbani miezi mitatu. Lakini, watoto wa viongozi kama Maseneta hapa, Wabunge na watu wanaoshikilia nafasi kubwa katika serikali, waliendelea na masomo yao. Bw. Spika wa Muda, ni kwa nini ripoti hii haizungumzii ya kwamba kubinafsisha elimu kunaharibu sehemu kubwa ya elimu? Ni kwa sababu wakati mambo hayo yanaendelea bali tu na kusema kijuujuu kwamba asilimia 10 ya wale walistahili kutetea wale maskini na kupata haki yao ni wale walizungumza kijuujuu tu walimu waangaliwe masilahi yao na kusema hakuna pesa za kuwalipa. Waliozungumza kwa sauti kuu, mimi nikiwa mmoja wao, asubuhi yake nilikamatwa na kushtakiwa kwa sababu nilisema ikiwa walimu hawalipwi pesa ya kutosha, hawatakuwa na chakula. Na yule ambaye The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Unakanyaga zulia.

Bw. Spika wa Mda, nakanyanga zulia, yule mtoto ninayewakilisha na ninasema ninapokula kiapo cha mwenyezi Mungu, asilimia 10 ya watu wa Machakos, watoto ambao wazazi wao walinituma hapa wanasomea chini ya miti. Kuwe jua au mvua, anapata taabu pale. Ni ile ile serikali iliyonipatia hili zulia imeniwekea maji hapa. Yule mtoto ninayemwakikilisha na mamake amenituma hapa nimsaidie nimtoe kwenye ugandamizaji wa umaskini na utumwa, bado mtoto wake hana mahali pa kuenda. Pia, ni hii serikali inayoenda kukopa Ksh400 bilioni kujenga reli ambayo itatumiwa na mabepari kwa sababu asilimia 10 ya watoto hao masikini ambao hawatapata elimu – tuseme ukweli – watawezaje kujimudu kufikia kiwango cha kutumia hii reli isipokuwa tu inajengewa watu wa nje waje hapa ili waendelee kutunyonya wakitumia na kuandika watu wetu. Yule mtu anayepata mshashara wa elfu Kshs12,000 anaandikwa na bepari. Bepari anakuja hapa na kusema nimewapa watoto wenu kazi lakini anapata ujira wa Kshs12,000. Anafanyia mkate wa kila siku na wakati ataacha kazi hiyo, atakuwa mwombaji na maskini. Ni hiyo hiyo serikali ambayo inashindwa kujenga madarasa ya watoto wetu kusomea; ni hiyo hiyo serikali ambayo Rais akiingia katika barabara, msafara wa magari yake haupungui magari 20; ni hiyo hiyo serikali ambayo Naibu wa Rais akitembea anaenda na helikopta tatu zinapaa kwenye anga akiangalia maskini wakiwa chini akitumia pesa za Serikali halafu hii ripoti imeandikwa kutoka nje katika kujaribu kutatua shida zetu ni kama hao watu wanaishi na sisi. Bw. Spika wa Mda, ikiwa tutajimudu na kufika pahali, lazima sisi kama taifa tuwe Wakenya, tufikirie kama Wakenya na tuangalie masilahi yetu na kuona ni nini tutapatia kipao mbele. Bw. Spika wa Muda, mimi najua Mwenyekiti ameileta repoti hii mblele ya Bunge hili. Lakini ripoti itawezaje kumfikia Mhe. Rais Uhuru Kenyatta ndio ajuaye kwamba kazi anayowafanyia wananchi, hasa katika sekta ya elimu, ni duni sana. Ripoti hii inamlenga yeye. Nikiisoma na mwuona Mhe. Rais wa Kenya. Serikali hii sasa inasema ya kwamba itatoa mitambo ya lapto kwa watoto wetu. Wanatumia mabilioni ya pesa kununua mitambo hii na inapeleka katika shule ambazo hazina stima au madarasa. Hata kama mitambo hii itatumia nguvu za jua au solar system, watoto hawawezi kusomea nje kwa sababu jua ni kali sana. Sasa huyo mtoto anapewa mzigo mara mbili; kwanza, hawezi kusoma. Mzigo wa pili, ni kubeba mitambo hiyo na wa tatu haelewi ni mtambo ya aina gani. anatumia. Serikali hii ina wasomi ambao Mungu amewapa kipawa cha kuweza kusaidia yule anastahili kusaidiwa. Hata hivyo, wanaenda mbele huko wakirudi nyuma katika mambo haya ya elimu. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Zimekatwa ndio. Zimekwisha. Nitakuongeza dakika moja.

Bw. Spika wa Muda, ninamalizia kwa kusema kwamba mambo hayo yalihuzunisha taifa. Tumeshangaa lakini tena ni kafunguliwa mashtaka ya pili kwa kusema kwamba huyu Waziri anayelindwa na Ofisi ya Rais namna hii, kwani yake ni ya asali na iliyoongezwa sukari?

Mr. Temporary Speaker, Sir, I am delighted to make my contribution to this Bill after my brother Sen. Muthama of Machakos County. I want to congratulate my good friend who is the Chairman of the Committee, Sen. Karaba, for this report. The theme of the conference that they attended focused on quality education for equitable development performance pass and productivity. It focused on action to provide more than one billion commonwealth citizens with access to good quality education and skills that will enable them to contribute to sustainable economic and social development. The theme is good and the recommendations of the Committee are good. However, there are problems that make us not to achieve what is recommended by the able Committee. Our Constitution clearly states that all children are entitled to universal education. But is that so in our country? The answer is no. We take children to school and when they finish fourth form, it is only the rich children who are given certificates. So, 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

Hon. Senators, we do not have more interests to contribute to this debate. I therefore call upon the Mover to reply.

Thank you, Mr. Temporary Speaker, Sir. I thank all the Senators who have contributed in support of the Report of the Standing Committee on Education on 19th Conference on Commonwealth Education Ministers held in Bahamas from 22nd to 26th June, 2016. It is important to note that the Senate Committee on Education has a mandate to consider all matters related to education and training. It also oversees the Ministry of Education, Science and Technology. I am happy to note that the membership of the Committee is comprised of:- 1. Sen. Karaba Daniel - Chairperson 2. Sen. Mohamud Abdille Halima - Vice Chairperson 3. Sen. Mvita Mshenga Kisasa, MP 4. Sen. Mutahi Kagwe, MP 5. Sen. Okong’o Mong’are Kennedy, MP 6. Sen. (Prof.) Lesan Wilfred, MP 7. Sen. (Dr.) Zani Agnes, MP 8. Sen. Nyongesa Kanainza Daisy, MP 9. Sen. Abdi Ali Bule, MP Mr. Temporary Speaker, Sir, this Report, among many others that have been tabled or will be tabled in future, is from the Bahamas. It is highlighting many things that were discussed in the Bahamas. The conference theme was:- “Quality Education for Equitable Development Performance Parts and Productivity” 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

Hon. Senators, initially, the Chair dropped or deferred Order No. 19 but after consultations, we are proceeding to Order No. 19. Proceed, Sen. (Dr.) Philomena Agnes Zani.

Thank you, Mr. Temporary Speaker, Sir. You may confuse Members with the name “Philomena” in the long run. They will wonder whether “Philomena” is the same one as “Agnes”. I confirm that “Agnes” is also “Philomena”. NOTING OF REPORT ON THE THIRD GLOBAL OPEN GOVERNMENT SUMMIT Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, the Senate notes the Report of the 3rdGlobal Open Government Partnership (OGP) summit held in Mexico City, from 25thOctober, to 1st November, 2015 laid on the Table of the House on Tuesday, 19thApril, 2016. Mr. Temporary Speaker, Sir, this was a summit that was held in Mexico between those dates. It was the 3rd Global Open Government Partnership (OGP) summit. From the onset, it is important to take a bit of time to know what it is about. This is an initiative that was started to ensure that governments interact, share data, and include civil society in the discourses that they have, put on platforms various 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. Temporary Speaker, Sir. I rise to second this Motion; that the Senate adopts the Report of the 3rd Global Open Government Partnership (OGP) Summit that was held in Mexico. The participant of this conference, Sen. (Dr.) Zani, has elaborated on the participation of this summit in Mexico. This is an important organisation that has come into place at the right time, particularly in this part of the world - the African countries - where openness is still a huge challenge in terms of managing people and governments. We must congratulate our country for moving in this direction of joining world organisations that have come together in order to have governments that are transparent, open and participatory in terms of any organized groups. Kenya has already gone this direction in terms of what has been introduced along with the devolved government units. Within the Constitution and the County Government Act, we have an important aspect of public participation. This is one of the ways of giving necessary information to the public, so as to assist them to be governed better. Public participation would be useful if there is civic education. I must congratulate the Government of Kenya through the Ministry of Education for launching an elaborate curriculum of civic education for the people of this country to engage in public participation and open criticism of their Government in order to help them. We have had serious issues in the past. For example, we have had issues to do with Moi University because of lack of organized participants who would agitate for opinions or ideas that are on the ground. A vacuum is left behind and it is filled by disorganized groups. With civic education and accepted and acknowledged public participation, issues like these would be addressed in a friendly manner, so that better results are attained. Therefore, public participation, open governments and organized societies, like civil societies participating in government, is an accepted phenomenon. With Information and Communication Technology (ICT) huge information can be handled. Voluminous information can be handled very fast. It is now inevitable that systems and governments cannot run without using this system of information. It should be open and controlled so that it can be used to manage people and governments. Of course, we need to be careful so that this information is not misused in the form of propaganda and other entities that can use it in a non-deserving manner. Mr. Temporary Speaker, Sir, with this kind of level of information transfer, we are now faced with a huge challenge of crime that is associated with this mode of transferring information. We are aware that cyber crime is rampant around the countries and it is starting to be felt by growing economies that are using these technologies. Open governance, as enumerated by OGP, is one way of taming wayward governance. I want to laud the first nine countries that came together and thought it wise that the civic or activist societies need to challenge or channel their energies in supporting governments rather than having to be in confrontation with governments throughout the world. We have seen organized activists groups that have been denied space go underground and cause serious harm in most of the countries. We have seen this in 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

Temporary Speaker, Sir, I want to commend the good report brought to this House by Sen. (Dr.) Zani on Open Government Partnership (OGP). The OGP will be so important to our country because its core mandate is to create space for dialogue and exchange of ideas between Government and civil society organizations. We know the great work being done by the civil society in Kenya though they have received very minimal support from our government. I believe that through this, we shall achieve a number of things. Looking at some of the things that they have articulated such as increasing the availability of information about the government activities; for sure it is very important when we talk about civic education and participation, most Kenyans are not aware of what is supposed to be done or what the Government is supposed to do. I believe if we are able to provide a space for dialogue, the government shall articulate a number of things and Kenyans will also know what is happening. It will encourage transparency, accountability as well as response to the citizens of this country. Regarding civic participation, it is very key to our people. This means that the public has a role to play. They will put in their input in everything that is taking place through positive criticism apart from the negative criticism that the Government faces as well as bringing in new ideas that can be taken in. Mr. Temporary Speaker, Sir, I represent the youth and there are a number of things that affect the youth. This will also be one of the ways that when we involve the youth, they will bring in their ideas and prioritize how to tackle the issues affecting us every day. I believe that in the long run, the citizens will get better services from the specific Government. I was looking at how fast this OGP has grown. That within four years and I am happy that Kenya is part of the 66 countries, they have done a number of things. They have articulated many things that are of great interest to me. One of them is about the agenda for sustainable development which is part of our Vision 2030. I believe through the role of transparency in governance, we shall deal with this issue of sustainable development goals so that all Kenyans shall benefit. We have so many challenges of corruption that Kenya has fallen victim of and I believe by adopting this report and making sure that it has been implemented the recommendations put forth by the Members of Parliament who visited this country will be of great use to this country. When you look at the priorities they have given is that there is need for the government to prioritize on anti-corruption measures. So far we have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for allowing me to say something in support of the report. You will note that those Senators who are here are all Members of the Education Committee. I note with appreciation that they have been here from the beginning and they are here to discuss various reports and that is what our Education Committee is comprised of. I thank them and I believe we are headed to greater heights. I followed the report with a lot of respect and I noted that Kenya is among the 66 countries. Even though there are over 180 in United Nation (UN), this is a beginning which is as a result of concern that there are some governments which must have been oppressive to their citizens, governments which have not been open like the communist bloc and the Eastern bloc which have been shelving information so that the others may not know. There are countries which have been spying on others and those that want to appear to be ahead of the others. There is emergence of the Blocs whose headquarters is in Warsaw, the North Atlantic Treaty Organization (NATO) and the United Nations in New York. So, there are many concerns around the world. This conference held in Mexico City was trying to come up with solutions of how Kenya and other countries in the world can accommodate each other. This is because when we have emerging democracies, there are some which emerge and appear as if they are dominating over the others. This is what you realize in America, the European Union (EU) where they will not want to include countries such as Turkey for their own reasons. This conference, therefore, was trying to attract and ask countries to tolerate one another and allow some civil societies to be accommodated in the systems of governance. We hail our Senator for attending this meeting, noting that she was the only one from the senate who attended. Out of the six or five it was only Sen. (Dr.) Zani who was listed last. All the others were from the National Assembly. That tells us that here we are not tolerating one another. We must be seen like we are operating and sharing finances equally when it comes to getting knowledge. When we have only Sen. (Dr.) Zani representing us out there, then it appears as if it is the National Assembly which has the dominance and monopoly of knowledge. That disadvantages us and is the reason why we should encourage more Senators to attend such meetings and ask why is it that when it comes to national or international conferences, the Senate is marginalized in allocation of funds. In the end, we will not be participating more to access that kind of knowledge that is supposed to be available to all of us. Let us note that there is something that we should also do as Senate. When there is a joint meeting to be attended, let it be seen like 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

Very well. We have no other interest to contribute to this Motion. I therefore, call upon the mover to reply. Sen. (Dr.) Zani!

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to reply. Let me start by thanking all the contributors to this Motion. Clearly, looking from the contributions, there has been a concise articulation of the issues that were raised in that report. In the general feeling and promotion of the need for Kenya as a country to move towards open government systems, this is a partnership that we can take advantage of so that we can push to the next level. It is an important platform that we can use as we move to the future into better industrialization and more development for this country. Mr. Temporary Speaker, Sir, the tenets of being members of this particular partnership; Open Government Partnerships (OGP) is an open forum and as much as we have the 66 countries there, that membership is quickly increasing. The peer review processes are very rigorous, and I encourage that Kenya continues to play its part in the peer review in both reviewing other countries and in getting itself reviewed in putting out the data that is essential for that review to happen. I think with this particular approach, we will be going in the right direction because as the Senators have said, this is already articulated in our Constitution where we are talking about public participation and the need for organizations to come on the fore. As a Government tool, the more public participation you have and the more open you have the systems, the better governance you are going to have. With those remarks, I beg to reply.

Very well.

Next Order! ADOPTION OF THE REPORT ON THE 38TH SESSION OF THE UNESCO GENERAL CONFERENCE IN PARIS THAT, the Senate adopts the Report of the Standing Committee on Education on the 38th Session of the UNESCO General Conference in Paris, France, held at UNESCO Headquarters from 3rd to 18th November, 2015 laid on the Table of the House on 14th April, 2016.

The mover is Sen. Daniel Karaba. He is not in the House. What is it, Sen. (Dr.) Zani? 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. Temporary Speaker, Sir. This is a Motion that is coming from the Committee of Education and Sen. Karaba mentioned that we can proceed with this Motion because we have Members of Education Committee in the House.

Sen. Karaba has given me a different indication and therefore, we will defer the Motion.

Hon. Senators, there being no other business, the Senate stands adjourned until Tuesday, 11th, October, 2016 at 2.30 p.m. The Senate adjourned at 6.00 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