Sen. (Prof.) Kindiki: Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order No.28 (4), the Senate resolves to alter its Calendar in respect of Part Three of the Fourth Session, so that the recess scheduled to commence on Friday 14th October, 2016 be deferred to start on Thursday, 20th October, 2016 and accordingly, for the Senate to adjourn on Wednesday, 19th October, 2016 until 1st November, 2016 when the sittings will resume.

Next Order!

Statement ‘a’ by the Chairperson of the Committee on National Security and Foreign Relations? Statement ‘b’ is by the same Committee. Where is the Vice-Chairperson or Members of the Committee? Statement ‘c’ by the Chairperson of the Committee on Agriculture, Livestock and Fisheries? Statement ‘d’ by the Chairperson of the Committee on Health, Sen. (Dr.) Machage. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, this is the Statement as sought by Sen. Wetangula on causes of increased deaths in Western Kenya. I will not repeat the question as asked. Based on available data, Bungoma County has 179 sub-locations and the registered number of deaths for the year 2015---

Order, Senator! Based on which data?

Based on available data.

Available from where?

Mr. Speaker, Sir, I will table it. He has the Statement with him. I gave him a copy of my answer and he has the annex.

Order, Senator! The Senate Minority Leader is not the one asking the question; it is the Chair.

Mr. Speaker, Sir, I may quote the available data. However, I can table it because it is a lot.

Just give us the source.

Mr. Speaker, Sir, the source is the Ministry of Health.

That is good enough.

Thank you, Mr. Speaker, Sir. Based on available data from the Ministry of Health, Bungoma County has 179 sub-locations and the registered number of deaths for the year 2015 was 7,264. This translates to an average of 3.8 deaths per sub-location monthly. I have given a table which shows the same and comparison for the years 2012, 2013, 2014 and 2015. Contrary to the information provided by Sen. Wetangula, a comparison of mortality patterns in the four years shows no significance variation or alarming development in 2015. An average of 15 deaths in a month per sub-location would translate to about 31,680 deaths annually in the country, which is not the case at all. Further information from the Ministry shows that deaths in the county can be seen from the report of deaths as reported by the Civil Registration Department of Bungoma County. I have annexed that information to Sen. Wetangula. Mr. Speaker, Sir, common leading causes of death are Malaria, Pneumonia, Anaemia, Tuberculosis, HIV/AIDS, cardiovascular diseases, meningitis, malnutrition and diabetes. The Ministry is aware that most of the deaths arise from preventable and curable causes. These are related to environmental degradation, weather, poor hygiene, allergies, unsafe water, road accidents, trauma, infections and lifestyle. These causes call for a collaborative effort between the community to change lifestyle as well as Ministries such as the Ministry of Agriculture, Livestock and Fisheries and the Ministry of Water and Irrigation to improve on malnutrition deficiencies and availability of safe water. However, most of the interventions required are part of the devolved mandate of the county governments. The county, therefore, has to take the lead and focus more on the necessary interventions. Mr. Speaker, Sir, the Ministry has analyzed the cause of deaths as per the records that are fielded and established major causes of deaths, as indicated below. These causes The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Wetangula.

Mr. Speaker, Sir, I congratulate Sen. (Dr.) Machage on his election to chair the Standing Committee on Health. I am told that he is the new Chairperson. I regret to know that he is starting on a very false note, by reading an answer that is clearly inaccurate and not well thought out. Many of us who represent rural counties, especially those that are densely populated know that the majority of deaths are not registered.

Order, Sen. Wetangula! It is Statements Time.

Mr. Speaker, Sir, I am seeking a clarification. Many of the deaths in the rural areas are not registered. Therefore, the statistics he is giving us are of those who are registered. However, the majority are not registered. People just die in the villages and the families dispose of the bodies the following day or two days later. Could the Chairman tell this House and the country whether the increased levels of deaths, not just in Bungoma but many counties, is because of uncoordinated policy implementation, drug supply, poor motivation of health workers and, above all, corruption where drugs which are supposed to be bought are not bought or inferior drugs are bought? What are we going to do to change this?

Mr. Speaker, Sir, when I listened to the Chair reading the Statement, he raised an issue of mobile clinics. My understanding is that mobile clinics are yet to be supplied to all parts of the country. He explained the basis of mobile clinics but which areas have been provided with mobile clinics? I think it is just a donation that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, it was nice to note that during the Grand Coalition Government, the number of deaths in Bungoma had started going down as exemplified, where in 2012, there were 10,288 deaths and the figures went down to 6,207 in 2013. From the time Jubilee took over, the deaths have started going up significantly. Could the Chairman tell us whether it is the failure of the Jubilee Government or Bungoma County Government that is the reason for increased deaths as exemplified by the table that they have given us on Page 2?

Mr. Speaker, Sir, over 7,000 deaths are recorded in Bungoma County in one year and that is a massive number. You will agree that if that were to be allowed to go on, the whole county would be wiped out after a few years. Does the Chairman agree that there is urgent need for every effort to be made to ensure there is coordination in improving healthcare services, particularly in rural counties?

Chair.

Mr. Speaker, Sir, it is true that some registration of deaths and births might not be done properly at the local levels and Bungoma County may not be exclusive. It is a fact that we are seeing in this country. However, that is not under the jurisdiction of the Health Department and the relevant department should address that. It is a matter of concern because I only use data that is available and it can only be available through proper registration. It is unfortunate that I only relied on the data I have been provided in the Statement I have just answered, but his concern is noted. It is also true that a combination of many factors may lead to poor medical services. As he noted very well, they include poor policy, poor drug supplies and corruption. As you know, there is a lot of hullaballoo right now going on in the county governments concerning poor staff remuneration and so on. These are factors that we must look at as a country. The Committee is also concerned about this situation. On the issue of mobile clinics as raised by Sen. Muthama, every hospital from level 2 – these are health centres – is supposed to have a mobile clinic service. We appreciate some philanthropic fellows and good citizens, including the First Lady of this country for giving us that service as an enhancement or additional facility. It is not that it is a right that she must supply them to every facility but we are happy that she is supplying one mobile clinic per county. Very soon she will have supplied to all the counties in this country. I may not comment on the issues of increased deaths in counties because statistics show otherwise. The statistics that I have do not show any increase in the rates of deaths over this period. Regarding Sen. Obure’s concern of 7,000 deaths in a county, that is a colossal number of people. It is true that nobody would really be happy to see that number of deaths, especially deaths that are attributed to preventable causes. As a country, we should endeavour to reduce the same. Mr. Speaker, Sir, thank you.

On a point of order, Mr. Speaker, Sir. First, the Chairman has not responded to the explanation I sought on the lack of registration of deaths in many rural counties. The statistics he has given us, if they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Sen. Wetangula, you have just asked the Chairman that question. If you want to go ahead and answer it, then why did you ask it in the first place?

On a point of order, Mr. Speaker, Sir. I just wanted to beg the Chair not to belittle my question. If he was not the doctor that he is, I would have forgiven him. He said clearly that the number of deaths was going down during the time of the Grand Coalition Government in 2012/2013.

Which page is that?

On Page 2, Row 3 of Table 1. They have stated that in 2013, the figure was 6,207. In 2014, it increased to 6,302 and to 7,264 in 2015. This was happening in a county where the amount of noise from the Governor that he is working with the Jubilee government for purposes of getting development was increasing. I would like the Chairman to tell us whether it is the Jubilee Government that is failing at the national level or the county government failing at the county level or both because it is very serious.

Sen. (Dr.) Khalwale, your issue is not really whether he is a doctor because that is outside his county. It is more of the statistics you are referring to.

Mr. Speaker, Sir, indeed, I would like to draw the attention of Sen. (Dr.) Khalwale to the mortality of 2012 which is 10,288. In 2013, it was 6,207; in 2014, it was 6,302 and in 2015, it was 7,204. There was a sharp decline in 2012 but there is a small increase that has hitherto not gone down from 2013, to date. Statistically, it may be very difficult to make the sort of conclusion that he made because I think the standard deviation here is not really significant on that kind of decision just because of the spike of 2014/2015. We need to look at a few more years before I come to that kind of conclusion that it is true. Please note that the Jubilee Government’s reign will end in 2017. When I look at that, maybe I may come to that conclusion. For now, it is too premature to make that kind of conclusion. Regarding Sen. Wetangula’s view, it is true that there could be poor registration. I cannot confirm that level of registration of deaths at the villages in Bungoma because I can only rely on statistics. If there is irregularity on registration of deaths, then let this concern be expressed by this Senate - as we have been doing - to the relevant Ministry, which is not the Ministry of Health, to enhance the activity on registration of births and deaths at that level. I thank 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

Let us have the next Statement issued FATE OF TEA FARMERS WHO LOST MONEY IN THE COLLAPSE OF IMPERIAL AND CHASE BANKS

The Chair is not here, we shall come back to that later.

Next Statement. DISMISSAL FROM SERVICE OF PRIVATE ABDIRAHMAN OMAR MADEY

Chair of the Committee on National Security and Foreign Relations, out of six statements, four were directed to your Committee and that is the day you decided to be absent.

Mr. Speaker, Sir, I have the Statement but Sen. Bule is not here.

Then go to Statement (a) because Sen. Wangari is here.

Mr. Speaker, Sir, on 29th June, 2016, Sen. Wangari requested for a statement regarding the shooting of a student from Ulanda Girls High School in Migori County. The Senator specifically sought---

Order, Senator. There is something I have borrowed from the Chairman of the Committee on Health. He has brought some freshness in the way we should respond to statements. Do not go into what was requested but just go straight to the responses.

Mr. Speaker, Sir, on 27th, May, 2016 at around 11.00a.m, warden No. 2008190794 Mr. Ancent Ndunda Simon was guarding the remand prisoners at a watchtower in Migori Prison when Rogers Odhiambo Otieno, a remand prisoner, jumped over the fence in an attempt to escape. The warden sounded the alarm and pursued the escapee. On realizing that the prisoner was outrunning him, the warden fired in order to disable him. Unfortunately, the bullet hit Quinta Amondi, a Form Two student at Ulanda Girls’ High School aged 16 years, who was participating in school games at Migori Boys’ High School which was 500 meters away. She was treated at Ombo Hospital before being referred to Moi Teaching and Referral Hospital. Investigations into the shooting commenced immediately and an inquiry file was opened. The firearm was withdrawn and forwarded to Nairobi for ballistic examination. 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. Wangari.

Mr. Speaker, Sir, I thank the Chairperson of the Committee on National Security and Foreign Relations, for that response which has been long overdue. However, I seek the following clarification: One, the girl, Quinta Amondi was discharged from Moi Teaching and Referral Hospital with a blind eye. That is permanent disability. Now that the Ministry does not have a vote to compensate victims, I would like to know what the use of the emergency kitty in the Ministry is. The parents of this girl; Seline Akoth and Fredrick Otieno, are looking g for answers even today. What is the use of the emergency fund in terms of compensation?

Mr. Speaker, Sir, it is so unfortunate to hear such an answer. Here is an officer who begins chasing a culprit who has run away from cells and meets many students in games activities and decides to shoot. Where is the value for life? Was it intentional that this officer shot Quinta Amondi?

Mr. Speaker, Sir, I listened to the response from the Chairperson and it is worrying that we can casually come and respond to issues of loss of human life caused by an irresponsible officer in the land. How can a police officer use a Government firearm and injure a person and then that person is neither compensated nor his hospital bills paid for? Could the Chairperson give us a better answer? Are you telling us that this Government cannot compensate anybody who is harmed by a stray bullet from a Government security officer? We need a better answer than that.

Mr. Speaker, Sir, I am surprised that somebody can say that you cannot be compensated for being injured by a stray bullet. The word “stray bullet” is now a euphemism for negligence. It is now synonymous with saying that, the way you can be bitten by a stray dog is the same way you can be harmed by a stray bullet. There is nothing in law or otherwise that justifies the Statement that you cannot pay because that was a stray bullet. It is as if the bullet walked from the gun and found somebody somewhere. The Chairperson must clarify the provisions of law under which a statement of this nature can be made to Parliament. We know that this is discharge of a bullet through negligence.

Sen. Njoroge.

Mr. Speaker, Sir, the response which I believe came from the Ministry is very careless and reckless. We now have a person injured by a bullet which came from a careless police officer. One person has become disabled because of carelessness of a police officer. It is the Government’s responsibility to take care of its citizens. That lady has been disabled by a careless police officer---

Order, Senator. She was made blind. Just use the proper and effective wording.

Mr. Speaker, Sir, I believe the Government has the money to sort her out. It does not matter where the money will come from. That is a human being who The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator. You have exhausted your intervention. Sen. Muthama!

Mr. Speaker, Sir, the response from the Chairperson worries everybody. I want to remind her that Kenyans are watching what is happening. How can a Government claim that no funds are available to compensate an innocent student injured by a trained officer who was trained with taxpayers’ money? That gun was not being carried by an untrained person. Does this Jubilee Government truly lack money to compensate such an injured student?

Mr. Speaker, Sir, I am very surprised to hear this answer being given very casually. I would go further to request that you give direction on this matter on what this Senate ought to do in a case where we are told that an innocent student cannot be compensated after suffering injuries through carelessness of a trained officer.

Sen. Elachi!

Thank you Mr. Speaker, Sir. I think there are only two things that the Chair should tell us: One, whether after all this happened, the officer’s fire arm was tested and it was confirmed that he is the one who killed this girl. Therefore, the Government must be responsible for compensation. We cannot run away from the problem. The Inspector-General (IG) of Police should be told that when it comes to innocent lives especially of a child who will in future take care of her parents. So, I think if that is what killed this girl, the Government should compensate the family.

Sen. Nabwala.

Thank you, Mr. Speaker, Sir. I would like to add my voice and register my protest at the casual response we have received from the Chair with regard to this matter.

Hon. Members, I am only going to take another three Members that are already listed here. Proceed, Senator.

Mr. Speaker, Sir, the manner in which this matter has been handled is very disappointing. The officer who shot the stray bullet was interdicted and the firearm withdrawn. That in itself is an admission of guilt. The Chair does not talk about compensation. This is an innocent girl who has suffered at the hands of the Government. Why would a young student not be compensated and yet the Government is sitting on a lot of money that is supposed to be utilized to protect lives of innocent people?

Sen. Sang!

Mr. Speaker, Sir, I am seeking clarification from the Chair whether I heard her say that the concerned police officer was interdicted. My question is whether the same police officer has been arrested and charged in a court of law for the same offence. On this particular element of compensation, by the time the Government admits that it was a stray bullet it has already taken responsibility for the same. How can a Cabinet Secretary (CS) tell us he has no budget for the same? Could the CS tell us which 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. Madzayo!

Asante Bw. Spika. Sheria katika nchi hii iko wazi; ikiwa mfanyikazi wa Serikali ambaye anatakikana kumiliki chombo ambacho kinaweza kuhatarisha maisha, kunao umuhimu achukue majukumu wakati maisha ya mtu yamehatarishwa. Kulingana na majibu aliyosoma Mwenyekiti, ni kwamba hawana pesa za kugharamia maumivu ambayo huyu msichana aliweza kuathirika na ile risasi. Swali ni; katika mahakama zetu za Kenya, kila mtu anayepatikana na hatia ya kwamba aliweza kutupa risasi na ikaathiri Mkenya mwingine, serikali iko na jukumu la kuchukua wadhifa huo na kuona ya kwamba mtu huyo amefidiwa Imekuwaje Mwenyekiti hivi sasa anakuja na majibu ambayo ni aibu katika wizara iliyoko katika wizara ya Serikali ya Ofisi ya Rais kwamba leo askari anaweza kupiga risasi mtoto wa kike? Askari anaweza kutoa mtu jicho halafu aseme hatuna pesa ya kulipa? Haya ni madharau ya aina gani? Kwa hivyo, sisi kama Seneti, tunakuomba, Bw. Spika, uchukue wadhfa huu wa kuweza kuweka msimamo kikamilifu wa Seneti. Ikiwa hatua kama hiyo ichukuliwe, askari huyo awachishwe kazi na apelekwe mahakamani na achukuliwe hatua na Serikali iweze kumfidia yule aliyeathirika. Asante sana.

Sen. Wetangula!

Mr. Speaker, Sir, the distinguished nominated Senator who read the answer happens to have a background not only as a lawyer but was working with the Kenya National Human Rights Commission (KNHRC) where such cases were prevalent. Is what she has read to this House a reckless misadventure or Government policy? If this prisons officer discharged the firearm and blinded a young school girl and ballistic tests have been done, why would the Chair tell us that an inquiry file has been opened instead of prosecuting this officer and compensating the family of this student forthwith, given that she has been left half blind with one eye gorged out by the bullet?

Order, Sen. Wetangula! You are even charitable to the distinguished Vice Chair of the Committee. She did not only work for the KNHRC, she was a commissioner. That is a whole world of difference. Finally, Sen. Leshore!

Thank you, Mr. Speaker, Sir, for giving me the opportunity. It is unfortunate that a 16 year old girl as beautiful as she is has lost one eye because of a reckless prisons officer. All officers within the Kenya prisons Service, the National Police Service and the Kenya Army are taught on how to aim at a target. I cannot even comprehend how that prisons officer who was trying to shoot an escapee got a schoolgirl who was playing within the school compound. Mr. Speaker, Sir, what we are demanding as Senators is that the young girl should be compensated. The Ministry should buy her an artificial eye and give her insurance throughout her life time. That is our demand.

Chair! 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. Speaker, Sir. I think I read this statement clearly. First, let me say that I am really sorry for what happened to this young girl. One of the issues I want to bring out is that the prisons officer was interdicted. That is action that has already been taken by the Government. Secondly, the firearm has been withdrawn and forwarded for ballistic examination whose results we are still waiting for. Going back to the concerns raised by various Senators regarding issues of compensation and the policy of the Government; I know there are emergency kitties in Ministries and in various counties, but what I do not know is whether the Migori County government has done anything regarding this particular incidence. Those are matters I will investigate and bring responses to. But I know there is a kitty for emergency. Maybe, the unfortunate part is that the family might not know whether there is such a kitty. So, I think this is something I can investigate and bring a feedback to the House. Mr. Speaker, Sir, the statement is very specific on intentional shooting although this is not intentional shooting. It was an accident. So, I do not think the prison warder intentionally shot the young girl. The issue of compensation that was addressed by various Senators; having worked with the Government and with KNHRC, there is a procedure that needs to be followed in terms of arriving at compensation to an individual who has been injured or wronged by a Government institution or Government officers. The procedure I know is that whoever has been offended by a Government institution or a police officer is that they normally file a case in court. Once that process has been completed and the ruling has been made, an individual should be compensated. There is a kitty under all the Government Ministries and the Attorney-General’s office to compensate such cases. My colleagues and maybe Sen. Wangari who has brought out this matter, can assist the family to file a case against the Government regarding this particular matter. The Ministry responsible is the Office of the President where the Prisons Department falls. Finally, there is no Government policy that states that there should be no compensation. However, there are procedures that need to be followed for one to get compensation in similar circumstances. There is no direct compensation.

Let us move on to the next Statement. ASSAULT OF A MATATU DRIVER BY A POLICE OFFICER ALONG MOMBASA-KILIFI ROAD

Mr. Speaker, Sir, we have shared this with Sen. Madzayo. On 15th June, 2016, at about 12.30 p.m., Mr. Benson Kalu was driving a Toyota Vannet motor vehicle with the registration number KCF 619M which was operating as a public service vehicle between Mombasa and Malindi towns. On reaching Bombolulu area, he was signaled by a traffic police officer in uniform, Corporal Kennedy Opasi, to stop. The officer had detected three excess passengers who were hanging on the passenger’s door side. The driver failed to stop and drove against the traffic in due--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. Incidentally, I have not had an opportunity to sit with my sister. I think I should bring that to your attention so that the House can save its time and transact any other business rather than answering this question which has now been settled. The parties have agreed on some terms and they have been complied with.

Thank you for your consideration though the Chairperson had stated that you had discussed the matter and you are telling us---

Mr. Speaker, Sir, we shared the answer with him. However, I have not received any feedback on whether the matter was resolved or not.

How do you share an answer?

Mr. Speaker, Sir, we shared the answer before the last recess with Sen. Madzayo.

Hon. Members, we will drop that statement. Thank you, Sen. Madzayo for saving us a bit of time.

Let us move on to Statement (c). INCREASE IN PRICE OF MAIZE FLOUR

Could we hear from the Chairperson, Vice- Chairperson or any Member of the Committee on Agriculture, Livestock and Fisheries? Does it mean that there are no Members of the Committee on Agriculture, Livestock and Fisheries present this afternoon?

Thank you, Mr. Speaker, Sir. My Chairman is not in and I will hold brief for him. The question has not been answered or we have not received any response. I would, therefore, ask the House to give us an extra week so as to give us time to follow up the matter and ensure that the substantive question is answered.

On a point of order, Mr. Speaker, Sir. I had requested for Statement (c) and I have not been given an answer.

Order, Senator! Are you with us or without us? That is what, Sen. Madzayo was responding to. I thought you had heard and you were to respond to it, but since you were not following---

I agree, Mr. Speaker, Sir. We will give them two weeks.

The response should be ready in two weeks’ time. Next Statement.

Thank you, Mr. Speaker, Sir. I will put myself in the same shoes and I will answer in the same way I answered the other question from Sen. Nabwala. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator! You may then wish to change the shoes. Proceed.

Mr. Speaker, Sir, let me rephrase my statement. We need seven days to be in a position to respond to that question.

I appreciate that you are an agent of necessity, but it is not enough to tell the House that you do not have a response. We want to know why you do not have a response.

Thank you, Mr. Speaker, Sir. I said earlier that I had withdrawn that line of approach. I now want to affirm that we need at least seven days to be in a position to respond to that question.

Thank you, Mr. Speaker, Sir. This issue has been pending for a very long time. The farmers who lost billions are still waiting, hoping that they will be given some hope by the Chairperson of the Senate Committee on Agriculture, Livestock and Fisheries. Could I ask the Chairperson to provide the answer very soon at your convenience?

Mr. Speaker, Sir, I agree with the sentiments expressed by Sen. (Prof.) Lesan. I am sure you are aware that we have had riots around the country organized by tea farmers because of the low amounts of the payment they receive from the Kenya Tea Development Authority (KTDA). I believe that this question has a bearing on those low payments and the riots that followed. I want to emphasize that the Committee on Agriculture, Livestock and Fisheries should take this matter more seriously than they have done at the moment.

Thank you, Mr. Speaker, Sir. I do agree with the sentiments of my colleagues. We have tried our best as much as possible and we need a bit of time. We will be summoning the Cabinet Secretary (CS) to appear before the Committee so that he answers some of these questions. That is why I had earlier asked for seven days which is not a long time. We will be in a position to give a substantive response to this question.

Order, Senator! You may have the luxury of time, but the Kenyan farmers and consumers do not have that luxury. We are talking about prices of basic items like food stuff and money lost by farmers. I, therefore, direct that the two statements be on the Order Paper Thursday this week. It is not our business to carry the CS’s around. It is their business to respond to us. That should be the case. MANAGEMENT OF COMMUNITY AND PUBLIC LAND IN MACHAKOS COUNTY

Mr. Speaker, Sir, I had sought for a Statement on 1stMarch, 2016, from the Committee on Land and Natural Resources and I wish to get to know if it can be responded to. I know there have been some hitches and I do not want to blame the Chairperson. This is because the statement was to come in the week that I spent with the Select Committee. I wish to have the response as soon as possible.

That statement should appear on the Order Paper on Thursday.

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

Mr. Speaker, Sir, could the Chairperson also furnish me with the copy of the response if it is ready?

Order, Senator. Those are routine matters. Everybody knows about them. Proceed, Sen. Obure.

Mr. Speaker, Sir, this is a new request. Mr. 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 killing---

Order, Sen. Obure. We are not yet done with the statements to be issued. I will allow you later. Let us proceed to Statement (f). Where is the Chairperson of the Committee on National Security and Foreign Relations? DISMISSAL FROM SERVICE OF PRIVATE ABDIRAHMAN OMAR MADEY

This was requested by Sen. Bule. It is deferred to next Tuesday.

What is it, Chairperson? DISAPPEARANCE AND BRUTAL MURDER OF CHILDREN IN CHESUE VILLAGE, NANDI HILLS

Mr. Speaker, Sir, last week on Thursday we were instructed by the presiding Chair, the Deputy Speaker, on the outstanding issue of Nandi, that we should summon the Cabinet Secretary but fortunately we have an answer to that Statement. With your permission, we can issue that statement, if possible today or tomorrow. Sen. Sang and Sen. (Dr.) Khalwale have copies of the response.

That should be on the Order Paper tomorrow.

Proceed, Sen. Obure. KILLING OF MS. EDNA OSORO AND MS. IRENE ONYANSI IN KISII COUNTY

Mr. 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 killings of Ms. Edna Gesare Osoro and Ms. Irene Kerubo Onyansi at the Daraja Mbili Market, Kisii County, on Thursday 6th October, 2016. In the statement the Chairperson should address the following:- (1) The circumstances that led to the killings. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I request to be given two weeks to respond to the statement.

It is so ordered. That is the end of statement time. We move to the next order. Order No.8 is deferred for now.

Order, hon. Senators! Order No.9 is a Division. It is deferred to tomorrow afternoon. Again, that should apply to Orders No.10, 11 and 12. THE PUBLIC APPOINTMENTS (PARLIAMENTARY APPROVAL) (AMENDMENT) BILL (SENATE BILL NO. 9 OF 2016) THE SELF HELP ASSOCIATIONS BILL (SENATE BILL NO. 2 OF 2015) THE ASSISTED REPRODUCTIVE TECHNOLOGY BILL (NATIONAL ASSEMBLY BILL NO. 36 OF 2014)

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

Order, Senators! We are in the Committee of the Whole on the Physical Planning Bill (National Assembly Bill No.46 of 2015). We have several individual and Committee amendments to this Bill. Committee Members, Sen. Kivuti and Sen. Khaniri have requested that we defer this Order. So, we will defer it to tomorrow. Therefore, we have to report progress on the same.

(Sen. (Prof.) Kindiki): Mr. Temporary Chairman, Sir, pursuant to Standing Order No.139, I beg to move that the Committee of the Whole reports progress on its consideration of the Physical Planning Bill (National Assembly Bill No.46 of 2015) and seek leave to sit again tomorrow.

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

Mr. Temporary Speaker, Sir, I beg to report that the Committee of the Whole has considered the Physical Planning Bill (National Assembly Bill No.46 of 2015) and seeks leave to seat again tomorrow.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report. I request Sen. Muthama to second.

seconded.

On a point of order, Mr. Temporary Speaker, Sir. For the record, allow me to congratulate you for coming to the Chair properly. The procedure of the Speaker coming to the Chair is ceremonial. I have seen many at times when you are not in the Speaker’s Chair, Members of the Speaker’s Panel play around with that ceremonial role. I congratulate you, and I hope they are all going to learn from you. We want to uphold the dignity of this institution that we call the Senate.

(Sen. (Dr.) Machage): Thank you, Sen. (Dr.) Khalwale. You know we are patriots of this House and we have been here long enough.Some of these things come with time. They will pick up the practice.

On a point of order, Mr. Temporary Speaker, Sir. Just for the sake of us who are still new to these traditions, could Sen. (Dr.) Khalwale mind explaining to us how you came to the Chair?

(Sen. (Dr.) Machage): Order! I hope you do not want me to tell the people of Kericho County that you are never concerned with the happenings of this House. You are supposed to be alert.

On a point of order, Mr. Temporary Speaker, Sir. I wish that Sen. (Dr.) Khalwale would listen to me. Whereas I agree with the very valid point raised by Sen. (Dr.) Khalwale and I am one of the Members of the Speaker’s Panel, I have always followed your footsteps. If a Member of the Speaker’s Panel does not do the right thing, that is the point a Senator is supposed to point out. Is he in order to insinuate that Members of the Panel – obviously not me because I have always followed your footsteps – who are very well known to this House might have been doing wrong things and that he has failed to point out such mistakes immediately so that they can learn? 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. Sang, sometimes it is good to have an orthodox thought. Procedurally, sometimes the observations of Members who have been in the House for a long time like Sen. (Prof.) Anyang'-Nyong'o, who is not in the House at the moment, and Sen. Leshore point into an anomaly. Do not take it as personal. It is an opportunity to be more observant on matters of procedure. I think we should thank him for having been very civil in the manner in which he raised it. Otherwise, he would have embarrassed a Member while on this honourable Chair. I think that concludes that matter. Next Order.

(Sen. (Dr.) Machage): The Chairperson was supposed to be here to move this. We cannot execute it. So, it is deferred.

Mr. Temporary Speaker, Sir, I beg to move that the National Cohesion and Integration (Amendment) Bill (Senate Bill No.6 of 2016) be read a Second Time. The object of this Bill is to amend the National Cohesion and Integration Act of 2012 so as to enable the National Cohesion and Integration Commission to effectively monitor peace building projects in our country. You realise that the National Cohesion and Integration Act was enacted in 2008 to encourage national cohesion and integration by outlawing discrimination on ethnic grounds and provide the establishment of powers and functions of the National Cohesion and Integration Commission. As we bring in this amendment, we need to ask ourselves whether the Commission has been able to monitor the different projects that we have in terms of peace building. I think that is what this amendment is trying to address. Mr. Temporary Speaker, Sir, there is a new clause in Section 25(2) to ensure that the Commission is able to oversee peace building processes. We realised that as they move on as a Commission and as we head to the elections, this is one Commission that we are also relying on. It has presented different rules and criteria of what is happening, not just at the national but also at the county level. Therefore, it will be important for us to amend the principal Act by inserting a new clause to deal with the oversight of peace building projects. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. I apologise for interrupting the gracious lady Sen. Elachi. I would like to rise on a point 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): Order! I will give some guidance before you move. It is the tradition of the House that once somebody is moving a Motion or a Bill, it is fair that the Mover be allowed to finish the moving of the Bill and be seconded. Otherwise, that opportunity will be lost because if she stops moving the Bill for the purposes of the Adjournment Motion then she will lose that opportunity. I would rather you move your request under Standing No.33 which is good enough. As you look at it I will allow the Mover to continue. Order, Senator! Yes, Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, much obliged. Standing Order No.33 is very restrictive in terms of debate of this matter. So, I would rather stick to Standing Order No.31 and move it at an appropriate time that the Speaker will provide.

(Sen. (Dr.) Machage): Then I will advise that you move it after this Bill is seconded.

Mr. Temporary Speaker, Sir, much obliged.

(Sen. (Dr.) Machage): Thank you.

Thank you, Mr. Temporary Speaker, Sir, I stand to second this amendment. I wish to congratulate Sen. Elachi for bringing this important amendment to this House. The other day, the NCIC gave us a damning report about the level of cohesion and the level of integration within the various counties in terms of employment of Kenyans and their ethnicity. That report was very bold. It showed that in many were not adhering to the provision that has been made, that 30 per cent of the staff should be from communities outside the county; the level of counties breaching this law was almost 90 per cent to 99 per cent. I sit in the National Cohesion and Equal Opportunity Committee. One of the things we have resolved to do is to start calling the worst counties in terms of ethnicity to appear before us and explain exactly what happened. I start with this because this is the basis of the problem that we have had in terms of peace building. When you are talking about Kenya, we are talking about one whole Kenya and how it should conduct its business. One of the aspects that have been missing is exactly this component of peace building. The recommended amendment is critical. I will start with the one in Clause 2 that proposes to introduce new terminologies and new descriptions for those particular terminologies. This is important because it brings the element of peace building. You are aware we are moving towards an electioneering period and the issue of peace, cohesion, integration becomes very key and critical. It is not just about attaining peace 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

Thank you, Mr. Temporary Speaker, Sir. First, I would like to thank Sen. Elachi for bringing these amendments. They will come in handy and will go a long way in ensuring peaceful coexistence among warring communities in Kenya. It will ensure that people involved in peace building are patriotic Kenyans guided by integrity and national ideals. The Bill seeks to accommodate peace building initiatives which are non-military. Whenever we want to restore peace in Kenya we send our military. We need to empower the NCIC, so that they bring communities together peacefully. We should not only rely on the military or police to bring peace in our counties. Mr. Temporary Speaker, Sir, Clause 25 seeks to oversee the implementation of peace building projects and sets standards for patriotic Kenyans to oversee the peace building. The committees seek to empower the NCIC. They will be established in every county and give weekly or monthly reports on what is happening and how to bring communities together. We have lost many lives because of small issues affecting communities. Sen. Elachi has referred to Marsabit, Tana River and Mandera counties where minorities are deprived of their national rights. The Constitution of Kenya 2010 stipulates that every Kenyan has the right to own property and live in peace and harmony. The Samburu and Turkana communities have been fighting since 1996 because they feel deprived of their political, social and economic rights. We would like to empower this commission, so that it can go down to mashinani, so that as we head towards elections, Kenyans will live peacefully and know their rights. Every individual Kenyan, whether from a minority or a majority tribe, will enjoy the fruits of our nation. Mr. Temporary Speaker, Sir, this amendment is timely; it has come at the right time and all of us should support it, so that come next year, our people will enjoy the fruits of our peace in the country. Thank you, Mr. Temporary Speaker, Sir.

Mr. Temporary Speaker, Sir, I also rise to strongly support this amendment. I am cognizant of the fact that the gist of this amendment is simply to enable the commission to effectively monitor peace building projects in this country. I support this amendment because unless legislation is clear and properly in place, these projects can be abused. As I speak, I know of initiatives in Kakamega County, specifically Khwisero sub- county, where some group tells women to assemble at place ‘x’ and that they will get an allowance of Kshs1,000 after a meeting to speak to the issue of peace building. Therefore, I said that is fine. However, when you follow it further you find the agenda being advanced is cleverly being used to advance political agenda of the Jubilee Administration. Therefore, if we have this kind of legislation, then it will be clear that the parameters one can pursue will be limited to A, B, C, D and even go further and make it 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 information, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Yes, Sen. Wangari, who do you want to inform? Sen. (Dr.) Khalwale, do you want to be informed?

Yes, Mr. Temporary Speaker, Sir. I am sure she has a point.

Mr. Temporary Speaker, Sir, unless I am very wrong, I just want to inform Sen. (Dr.) Khalwale, that just a few weeks back the NCIC released a report at the national level of opportunities in our institutions. It would be false to say they just deal with counties. In our learning institutions---

(Sen. (Dr.) Machage): Order! Stick to the point of information.

Mr. Temporary Speaker, Sir, my point of information is that I saw a report on how job opportunities were shared out in our learning institutions and, especially institutions of higher learning across the country.

(Sen. (Dr.) Machage): Therefore, you would want to inform Sen. (Dr.) Khalwale that there is a report about employment in national Government.

Yes, Mr. Temporary Speaker, Sir. It was not just about counties.

(Sen. (Dr.) Machage): Very well, you are informed.

Mr. Temporary Speaker, Sir, I thank the Senator for informing me. If she cared to listen to me, I started by saying that the greatest inequality for opportunity obtains in two areas. First is lack of equality in access to resources. Secondly, access to appointments in the public service. Therefore, when Hon. Kaparo spoke to what is happening to universities, again, that was diversionary. We want him to go to appointments in the national Government where - unfortunately, and I do not understand why the President, as young as he is, he has allowed it to go on for four years - 60 per cent of opportunities are hogged by two communities and the rest of the country has access to only 40 per cent. 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): What is it, Sen. Murkomen?

On a point of order, Mr. Temporary Speaker, Sir. Can Sen. (Dr.) Khalwale substantiate the 60 per cent argument? What is the justification of the 60 per cent?

(Sen. (Dr.) Machage): Very well! You have been challenged.

Mr. Temporary Speaker, Sir, I will rise to the challenge. I will always live with my words. The appointments in the public service are skewed to favour two communities. One does not have to go very far. Just look at the structure of the Cabinet, the Principal Secretaries and the Managing Directors and Executive Chairs of various parastatals---. This is not a laughing matter. It can destabilize the country.

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

On a point of order, Mr. Temporary Speaker, Sir. I am cognizant of the fact that my colleague has not mentioned the two communities he is talking about. That does not interest me. When he talks about 60 per cent from two communities, he should tell us what he is quoting. He says “public service”. Public service is defined in the Constitution. Who is it specifically he is referring to? He says 60 per cent across public service as a whole, is comprised of two communities in the last 50 plus years since we attained Independence. He should be factual because this is a House of facts.

(Sen. (Dr.) Machage): Sen. (Dr.) Khalwale, may I refer you to Standing Order No.94 which I know you know very well.

Mr. Temporary Speaker, Sir, I do.

(Sen. (Dr.) Machage): It states:- “A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly.” However, the second part of that Standing Order gives you some time. If you are not able to substantiate today, you may substantiate so long as it is not later than the next sitting day. Therefore, if the line of argument you want to continue is what you have just said, then I will not accept it as substantiation. Let me hear your second attempt.

Mr. Temporary Speaker, Sir, I know my brother Sen. Murkomen understands the English language reasonably well. Therefore, unless the meaning of the word substantiation has changed in the English dictionary---

(Sen. (Dr.) Machage): Order! What is your understanding of the word “substantiation”?

Mr. Temporary Speaker, Sir, my understanding is the one which is guiding me in substantiating by pointing to the areas where there is hogging of opportunity.

(Sen. (Dr.) Machage): You do not use the same word to define the word. Therefore, what is substantiation according to you?

Mr. Temporary Speaker, Sir, I was asked to substantiate. I am now substantiating. 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): Order! I am guiding you. It is only that you dropped and completely demeaned the intelligence and academic status of Members of this House that they do not understand the meaning of substantiation. Now that you have dropped in to that, define it.

. Temporary Speaker, Sir, if there is a rule in this House that I have breached you can look at the content of my speech. You and I know the levels of our debate. I am substantiating by clarifying further that the inequality that I spoke about in the public sector is as it obtains; in the membership of the Cabinet; in the appointments of Permanent Secretaries and Principal Secretaries; the Managing Directors and Executive Chairs of parastatals. To my mind, that is substantiation.

On a point of order, Mr. Temporary Speaker, Sir. Sen. (Dr.) Khalwale, being a very good debater in this House, wants to take us round in circles. The substantiation is with regard to 60 per cent of the positions in the public service going to two communities. Therefore, he should substantiate the allegation that if you look at the composition of the Cabinet, you will find that 60 per cent is made up of two communities. The substantiation is with regard to 60 per cent, two communities and the public service. If he does not do so, I will request that you order that he has not substantiated and, therefore, consequences of the same Standing Order be applied.

(Sen. (Dr.) Machage): I will be fair to Sen. (Dr.) Khalwale. I know he is a scholar and he knows what he is talking about. I will require that he brings the statistical accuracy of his allegation tomorrow. He should bring a list of the so called Members of the Cabinet, Principal Secretaries, parastatals, organisations and so on and so forth, and confirm that, indeed, the list gives us 60 per cent representation of only the Kalenjins--- Pardon me, two communities which he did not mention.

Sen. (Dr.) Khalwale, if I were you I would leave it at that because, in a way, I also forgave you for throwing too much into the definition of substantiation which you apparently do not know. I want to believe that you thought in terms of English Learners Dictionary whose reference anybody can make. So, I leave you at that. You are ordered to table the substantiation in tomorrow’s sitting.

Mr. Temporary Speaker, Sir, tomorrow at the earliest opportunity that the Chair invites me, I will gladly table that structure.

(Sen. (Dr.) Machage): Very well.

Mr. Temporary Speaker, Sir, allow me to appreciate the thoughts of Sen. Sang. I am alive to the fact that in this House, we are not encouraged to debate using names of ethnic communities, unless you are referring to it positively. So, he was deliberately laying a trap for me to fall in so that I am thrown out of the House. Otherwise, tomorrow, I will not only be dealing with the actual names of personalities, but I will be saying from which communities they come because I have been ordered to do so. Mr. Temporary Speaker, Sir, if it were Sen. Wetangula speaking, he would have said the following. That if there are three dogs and only one of them stole meat--- 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): Order, Sen. (Dr.) Khalwale! Are you sure you are able to read the mind of Sen. Wetangula and know what he would say today?

Mr. Temporary Speaker, Sir, it is because he uses a Luhya parable.

(Sen. (Dr.) Machage): Then you should have excused yourself to be allowed to quote Sen. Wetangula and that is acceptable.

Mr. Temporary Speaker, Sir, allow me to quote Sen. Wetangula who likes referring to a Luhya parable that speaks to three dogs where one of them has stolen meat. Whenever the owner of the meat lifts up a stick, the dog that ate the meat starts wailing even before the stick comes down. No wonder the people complaining about the 60 per cent hogging of opportunities in this country come from certain communities.

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

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

Mr. Temporary Speaker, Sir, Sen. (Dr.) Khalwale must take colleagues in this House seriously. He alleged and, in fact, appeared to complain about the 60 per cent. None of the Members in this House did that, but he seems to be giving an illustration using his native language that seems to paint some Senators in this House to be the ones wailing like dogs or something like that. Could he explain the relevance of his example?

On a point of order, Mr. Temporary Speaker, Sir. Is it in order for Sen. (Dr.) Khalwale to compare Hon. Senators from other communities with Luhya dogs? We come from different places and dogs behave differently depending on where you come from.

(Sen. (Dr.) Machage): Order, Sen. (Dr.) Khalwale! I heard no wailing in this House. As far as I am concerned, we are Hon. Senators, but not Members from one community in this House. I may not want to interpret or read into Sen. (Dr.) Khalwale’s mischief. If that is what he was quoting from Sen. Wetangula, then it should be Sen. Wetangula to confirm whether that is the sort of definition he really puts on his parable or not. Sen. (Dr.) Khalwale, do not step on your colleagues unnecessarily - on the wrong toes. Let us listen to the substance of this Bill because it is important for this country. Desist, please. You may now continue.

Mr. Temporary Speaker, Sir, thank you, I am so guided. In Kakamega, we have Lubao Market. One thing that has happened over hundreds of years at Lubao – Sen. Elachi here will confirm that – is that Nandis come with cattle. They leave cattle with us and go with dogs from us to go and take care of their cattle at home. So, we have always shared dogs and cattle with Nandis. So, Sen. Sang knows that our dogs are their dogs and their cows are our cows.

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

On a point of order, Mr. Temporary Speaker, Sir. I would like Sen. (Dr.) Khalwale to substantiate, because I am aware the Deputy President has always warned Sen. (Dr.) Khalwale from giving busaa and marijuana to cows and bulls. The Deputy President has never questioned the culture of the Luhyas when it comes to bull- fighting. His problem has been that while doing so, Sen. (Dr.) Khalwale has been feeding cows on busaa.

On a point of order, Mr. Temporary Speaker, Sir. Have you heard what Sen.Murkomen has mentioned in regard to Sen. (Dr.) Khalwale giving busaa,chang’aa and marijuana to cows? Is he in order? Could he substantiate? As far as I know, Sen. Murkomen is not a fake lawyer. He should substantiate or withdraw that remark. The Deputy President was simply concerned with matters touching on animal rights.

(Sen. (Dr.) Machage): I do not recollect any law that prohibits anybody giving alcohol to cows. Nobody knows whether that is included in animal rights because nobody has studied the level of enjoyment that cows have after being given chang’aa .

Let us leave it at that. It is a scientific subject that cannot be proven on the Floor of this House.

On a point of order, Mr. Temporary Speaker, Sir. Is Sen. (Dr.) Khalwale in order to mislead this House with regard to the position the Deputy President took on this issue? He was clear that we can keep a few bulls for cultural practices. However, we must invest in commercial agriculture. We should keep cows and bulls for either beef or dairy. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. Are Sen. Murkomen and Sen. Sang in order to mislead this House by trying to interpret and give meaning to bull-fighting that goes on in Kakamega County, yet we know it is the main attraction activity that goes on there and tourists, including these two Senators, should plan to go and visit?

(Sen. (Dr.) Machage): Order! You are completely out of order! One, we do not participate in their private discussions or define their cultural values and what they enjoy seeing and doing. It has nothing to do with this House apart from entertaining. I repeat; Sen. (Dr.) Khalwale, being a scholar, give us something substantive on this Bill. I know you as a person who produces some material. What is happening today? Did you take a bit of chang,aa ?

Mr. Temporary Speaker, Sir, can you give me two minutes since my time was interrupted by points of order---

(Sen. (Dr.) Machage): You were playing with your time. I warned you on this because I am afraid you might introduce semantics again.

Mr. Temporary Speaker, Sir, two minutes.

(Sen. (Dr.) Machage): One minute.

Mr. Temporary Speaker, Sir, I thank Sen. Okong’o for informing the country that neither Sen. Sang nor Sen. Murkomen are veterinary officers. If they were, they would have understood that there is a difference between cows and bulls. If you do cow fighting in your community, please, do not bring that to Kakamega County. I, therefore, invite the former speaker, hon. ole Kaparo to summon the Deputy President to record a statement and justify why he keeps on insulting the Abaluhya culture. I support.

(Sen. (Dr.) Machage): Remember, Sen. (Dr.) Khalwale, I want to remind you that the Deputy President under the designation of jobs in these Standing Orders, includes the President. You should not introduce that name in bad repute on the Floor of this House.

Mr. Temporary Speaker, Sir, I rise to support this Bill by Sen. Elachi and congratulate her. This is a very important amendment. When you look at this Bill, one would quickly think that it is giving the NCIC too much power to look into organizations, groups and communities that are involved in peace-building. What the Bill really intends to do is that there is partnership and oversight from the NCIC, to ensure that the peace-building processes around our country are met. 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. (Prof.) Lonyangapuo---

Mr. Temporary Speaker, Sir, the consultations were a bit too loud.

(Sen. (Dr.) Machage): When I turned my head I found Sen. (Prof.) Lonyangapuo. Can we allow the gracious Senator to contribute?

Mr. Temporary Speaker, Sir, because I have been personally involved in peace efforts that have borne fruits in warring communities, one of the key aspects that made it fruitful was the relationship that we had with the NCIC. We worked hand in hand with other Government agencies and security agents. It is very important for those of us in peace-building efforts to realize how much more we can gain if we work together instead of having the communities versus the Government and the security officers. We should build synergies to ensure that we all work together. I believe that is the main objective of this Bill. Secondly, just as Sen. (Dr.) Khalwale mentioned, our focus is so much on the counties. We do not want our counties to pick bad practices that we have, probably, been seeing in the National Government or what we have been seeing in the past years. It is important to look into the affairs of our counties when they are still young, so that we can nurture equal opportunities. Minority communities in our counties have continued to talk about the same issues that Sen. (Dr.) Khalwale talked about. It is important that there is cohesion in those counties to ensure that everybody is actually taken on board when it comes to employment opportunities and resource allocation. That is when communities will feel that they are part of that county and decrease the tensions and the conflicts that are there. It is also good to realise that without peace, there is no development we can talk about in our counties and the country at large. It is also important that before one starts to engage in peace activities, we know the individuals who use the peace processes to---

(Sen. (Dr.) Machage): I can see, Sen. Lesuuda is again concerned.

He has already made his presentation, Mr. Temporary Speaker Sir. He can consult in low tones.

(Sen. (Dr.) Machage): Very well, continue.

Thank you, Mr. Temporary Speaker Sir. I was saying sometimes we know that there is a lot of donor funding in issues to do with peace building. Sometimes, if that is your only source of income, you would not want peace to be realized so that you can continue getting the resources. It is important to give timelines The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I rise to support this important amendment. The new component brought through this amendment seeks to give the NCIC more powers and mandate to evaluate and look into the various peace building processes and programmes in this country. It is important because there are various peace building initiatives by the Government, non-governmental organizations, civil society, community organizations and the religious groups. Therefore, it is important that a standard message comes from all these peace building mechanisms, so that we are sure that the right message is sent. Therefore, I want to congratulate Sen. Elachi for this amendment.

Mr. Temporary Speaker Sir, I am a bit saddened that we are adding a new mandate to a commission that has already failed to carry out its existing mandate. The kind of situation we find ourselves in this country, the level of suspicion among communities and the failure to have proper perspective for various issues in this country with regard to national cohesion and integration is a clear demonstration of the failure by the current team. I will give an example of Nandi County that was quoted as one of the counties that did not comply with the ethnic composition of its staff in the public service. If you look at the report, the NCIC states that Nandi County did not meet the threshold of 30 per cent. However, they do not get us to understand or make this country understand that the 30 per cent anticipated in the County Government Acts, is not about a different ethnic community. It talks about 30 per cent from outside the county. I am aware that Nandi County has very many staff working in the public service who come from Uasin Gishu, Elgeyo-Marakwet, Kericho and Kisumu counties. It is unfair and I think a failure by the NCIC when they do not give this proper perspective and instead end up profiling a very wonderful county like Nandi County. The major problem we have in Nandi County is not this kind of balancing because we have people The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I rise to contribute to the National Cohesion and Integration (Amendment) Bill (Senate Bill No.6 of 2016) which has been moved by Sen. Elachi. It simply proposes that the Commission should engage itself more effectively on acts of peace building. It is not a problem. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

.: Mr. Temporary Speaker, Sir, I rise to support the Bill and amendments by Sen. Elachi. First, I must say that I entirely agree with Sen. (Prof.) Anyang'-Nyong'o, particularly, where he says that the Commission established under the NCIC is not a panacea for bad manners, insecurity and breach of law. That resides squarely within the jurisdiction of the security sector and I must say that they have failed. This is because they have pushed this obligation to NCIC, yet their work is well cut out and defined under Section 25 of the Act. In fact, the Act itself gives 20 functions to the Commission. Out of the 20, one is negative. Section 25(2)(a) and (b) says:- “Without prejudice to the generality of sub-section (1), the Commission shall – (a) promote the elimination of all forms of discrimination on the basis of ethnicity or race; (b) discourage persons, institutions, political parties and associations from advocating or promoting discrimination or discriminatory practices on the ground of ethnicity or race.” Also important is Section 25(f) which says:- “(f) Promote equal access and enjoyment by persons of all ethnic communities and racial groups to public or other services and facilities provided by the Government.” Mr. Temporary Speaker, Sir, the mischief behind integration is inequality; the mischief behind what we call tribal clashes is the lack of homogeneity, inequality, access to resources and that is the root of the problem. This was the first Commission to be set up under the Serena National Accord. The fundamental question we must ask is the mischief behind having equal access to resources. Has it been achieved? Are we anywhere near equal opportunities for all Kenyans? Sen. (Dr.) Khalwale raised an important issue about sharing national jobs at national level and there was hue and cry. However, this is part of the lack of integration in this country. The reason why a community thinks that it is appropriate for their sons to become presidents is because it is an opportunity to eat, whether it is meat or bones. It is just part of the problem. 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 want to join my colleagues in congratulating Sen. Elachi for having read the Constitution and coming up with The National Cohesion and Integration (Amendment) Bill (Senate Bill No.5 of 2016). I have read what the Mover of the Bill has proposed in the Memorandum of Objects and Reasons. The main thrust is that the National Cohesion and Integration Act of 2015 should be amended so as to enable the NCIC effectively monitor peace building projects in Kenya. This is because peace building projects is an extremely The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Wetangula.

Mr. Temporary Speaker, Sir, respect is earned and not demanded. I was here long before this young man came into the Chamber.

Order, Sen. Wetangula. You have the microphone; continue.

I appreciate, Mr. Temporary Speaker, Sir. As I go to the Bill, I want to state that decorum is very important in life. Anyway, Kimaiyo is waiting for him!

Senator, why are you speaking to someone who is not here?

Mr. Temporary Speaker, Sir, I have read through this Bill and I am not sure what my distinguished sister, Sen. Elachi, wants to achieve. We had a good politician in this country called Martin Shikuku. When retired President Moi started a clarion call everywhere saying ‘peace, love and unity,’ with total abundance, the late Shikuku said in simple terms that if there is justice in society, peace, love and unity will be automatic. Where there is no social justice, it matters not how many commissions or projects we will put in place or how much we shall police the State. The foundation of peace and security is social justice. The new Constitution obligates the national Government under Article 238 (1). It states 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

What is your point of order, Sen. Elachi?

On a point of order, Mr. Temporary Speaker, Sir. I did not want to interrupt my leader but is he in order to say that because the Deputy President contributed Kshs18 million to harambees in one week, he looted the money yet he cannot substantiate and tell us it is from which coffers that the Deputy President has gotten the money? The Deputy President has many friends and I think even the Minority Leader has friends. Could he confirm that when he will be a presidential candidate, he will never receive Kshs1 billion from his friends?

Sen. Wetangula, it is good you stick to the subject instead of going in circles; debate on the content of the Bill.

I am saying that the absence of social justice is what brings conflict. That is why Sen. Elachi is trying to scratch the surface by saying we create peace building projects. If I have to answer what she has challenged, things speak for themselves. Lang’ata Road Primary School is there, you can check. Eurobond is there, you can check; the National Youth Service (NYS) is there. You can check. The Standard Gauge Railway (SGR) is there, you can check.

Order, Sen. Wetangula! What is your point of order, Sen. Elachi?

On a point of order, Mr. Temporary Speaker, Sir. Kenyans will look at this Bill and think on a different thing yet we are trying to sort out a problem. We know we have communities and we are going to elections. We have challenges that are facing many communities where this National Cohesion and Integration Commission (NCIC) runs away from its responsibility because they cannot do it. Having said that, I did not want to bring the issue of Lang’ata Road Primary School. I know and the Minority Leader knows well that the title deed never read Langa’ta Road Primary School when the Deputy President bought it. I think the Minority Leader is also a victim in the dragging of names. He was named in the Tokyo Saga and the rest. Let us respect each other. I warn the Minority Leader that if he drags names, it will come to him one time. So, that dragging of names is not important. The most important thing is that we concentrate on the amendment. If there is anything, I can look at the amendment and work on it but let us not drag the issues of Langata Road primary school land. They are neither here nor there and it is wrong because we know it belonged to a kalasinga since 1978. If they were good leaders at that time, they would have changed the title from the kalasinga and taken back to the primary school.

Mr. Temporary Speaker, Sir, I do not know if that was a point of order or an argument.

Just stick to the content of the Bill.

Yes, Mr. Temporary Speaker, Sir. All those things that wananchi watch and see lead them into taking extra-ordinary measures to deal with extra-ordinary problems they face. We have a Government in place with the instruments of power, collecting our taxes, obligated to keep peace and security for everybody. We can start by looking at the post-election difficulties in parts of the former Rift Valley, Western and Coast provinces. 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 Senate Minority Leader, I know you are privileged to get one hour of the debate. I also know you have always maximized it. On this one, I do not know whether you could finish so that we allow the sponsor of the Bill to reply.

Mr. Temporary Speaker, Sir, I did not know that time has gone that fast.

I have always observed. You always use a maximum of one hour.

Mr. Temporary Speaker, Sir, let us change our attitude and the manner in which we relate with others. The moment you are in position of authority and you think you are safe when you are surrounded by kinsmen; you are not fit to hold that office. This is a country of 42 communities. The other day, my daughter asked me why is the Jubilee Party having a symbol of two hands holding. I told her that it shows that there are only two communities holding one another against the rest in the country. That is what they are doing. Until and unless Sen. Elachi recasts this Bill at Committee Stage and tells us why she wants projects for peace when peace, as a great philosopher once said: “There is no way to peace, peace is the way”. If Sen. Elachi appreciates that, she will make a little contribution to the integration of the country. However, creating money guzzler projects whether donor or local, it is still money. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

You are entitled to come up with amendments so that the Bill can be passed. I call upon the Mover to reply; you have three minutes.

Thank you, Mr. Temporary Speaker, Sir. I thank all the Members for their contributions. I welcome constructive criticisms. That is why it is called peace. Anyone who has done peace and security, we always say, “in each way, there is peace”. I plead with the Senate Minority Leader that we are not creating projects of peace. The purpose of the amendment is to ensure that we can monitor these peace projects because they are already there. Many people say they are doing peace projects. You talked about Ksh400,000 that was given to the IDPs. If we had a monitoring structure, we would have known who was paid, why they were paid and whether they owned land somewhere, but we do not have that framework. This Bill will help out in the different projects that the Ministry of Interior and Coordination of National Government so that we do not duplicate what the National Cohesion and Integration Commission (NCIC), the Ministry, the civil society and the donors are doing. How do we get to know that in Bungoma County, for instance, we have ten peace projects? Mr. Temporary Speaker, Sir, we have many peace projects in the vast area of Mt. Elgon which is within Bungoma County. Therefore, it is important to know who is there and what he is doing. Is he part of bringing cohesion or conflict? The Senate Minority Leader was once in a conflict when he was running for his seat. There were issues that were raised because many people died. If all those are looked at, we are able to know whether the opponent is bringing in such things. The project will be registered and can be monitored. That is the purpose of the amendment. I beg to move. Mr. Temporary Speaker, Sir, due to lack of quorum, I plead under Standing Order 54(3) that the putting of the question and voting on the Bill be deferred.

I order that the voting on the Bill be done when there is quorum.

For purpose of correction, the Senate Minority Leader, Kiserian Dam was done during the nusu mkate period.

(Spoke off record)

Okay. If it consumed Kshs4 billion, it was then.

Mr. Temporary Speaker, Sir, yes. 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, it is now time to adjourn the Senate. The Senate stands adjourned until tomorrow Wednesday, October 12, 2016 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate