Hon. Senators, I have a Communication on the Fourth Annual Conference on Devolved Government in Kenya. As you are aware, the devolution conference has since 2013 been organised on an annual basis, bringing together all implementers of devolved governance to celebrate the gains that have been made and identify the challenges that can be addressed collaboratively amongst all the stakeholders for the welfare of our country. The participants of the annual devolution conference comprise, but not limited to the representatives from both levels of government, independent commissions, academia, policy practitioners, civil society organizations, the donor community, international organizations and the media. Participants of the conferences get an opportunity to deliberate on the successes of the devolved system of governance and how to take advantage of the emerging opportunities presented by devolution. The first annual devolution conference was held in Kwale County in April 2014, the second in Kisumu City, Kisumu County in April 2015 and the third in Meru County in April 2016. The fourth is set to be held in Narok County from the 20th to 24th February, 2017. The proposed theme of the fourth devolution conference will be; ‘Devolution Transforming Lives, Tell Your Story”. A total of 10 thematic areas have been selected to guide deliberations. These are; 1. Health- ensuring healthy lives and promoting well-being in a devolved system of governance. 2. Agriculture and agricultural transformation for food security, rural development and wealth creation. 3. Infrastructure, Roads and Energy - promoting accelerated investment and access to markets. 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. You have given us similar communication before. The issue should not be about Senators who wish to attend. If it is a proper devolution conference, Senators are obligated to attend. Before we confirm our attendance we want an assurance from your office that this is not going to be another showbiz for governors. Senators should not go there to be humiliated the way we saw our distinguished colleague from Kisumu handled when the conference was in Kisumu and subsequently in Meru. We should not go there only to be statistics; that also in attendance were Senators. We want a very firm commitment from your office. In the execution of our mandate, the Senate, particularly, the Committee for Devolution as our agent, must be involved in the planning ab initio, taking care of what the program looks like, the role of the Senate, the role of our Speaker and the role of the host Senator. So that, the host Senator, out distinguished colleague from Narok does not get there and stand on the periphery as people display things that are non-existent.

Mr. Speaker, Sir, in the last devolution conference, I personally accompanied you to Meru. I felt so humiliated when I saw the governor having water put on his table while they made sure your water was put on the floor. That forced me to walk out of that function. It was a humiliation of the highest order. Unless the governors turn to be different, it is not in order for Senators to attend these functions until things are put in order.

Mr. Speaker, Sir, we had already expressed these concerns before the last conference. My fears have been confirmed. I have never attended any of these conferences because even when I was the chairperson of the Committee on Devolved Government, I realised from the word go that it was not a place for an honest assessment of the performance of counties or an opportunity where there is clear critic of what we are doing and what we are not. 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 would like to contribute to this proposal for a devolution conference which is a good idea. It is only that the past devolution conferences have been poorly conceived and executed. What I am proposing is that while you are bringing our attention to the fact that there will be a devolution conference next year in February, you should appoint an appropriate planning committee which will be meeting with whoever has made that proposal. Last time it was done too late and even governors did not positively respond to our proposals. I think it is early enough to have a planning committee with terms of reference from this Senate. The planning committee should sit down and plan for the next devolution conference which should be a true devolution conference with all the parties concerned about devolution owning the conference and providing the content. Mr. Speaker, Sir, I take exception to the fact that the content of the devolution conference is already outlined before the input of the Senate. I think that is an anomaly. So, what should come to us is a proposal to establish a planning committee for a devolution conference whose components are the Senate, the Council of Governors (CoG), the national Government and the county assemblies. Those are partners in devolution and they are the ones who should plan such a conference. Anybody arrogating himself or herself the task of outlining the subject matter of the conference and bringing down to us ex cathedra is very wrong.

Mr. Speaker, Sir, thank you for this opportunity. I appreciate what has changed since the last Devolution Conference to warrant our participation this time round but I believe nothing has changed. I join my colleagues; Sen. (Prof.) Anyang'- Nyong'o, Sen. Murkomen and the Senate Minority Leader, Sen. Wetangula, in saying that there is drastic change especially based on the experience of Sen. Njoroge who was humiliated. How can somebody humiliate Sen. Njoroge? Based on that, we need to take all these concerns because in my assessment, nothing has changed. This will be the last devolution conference and their report will be a subject of political campaigns. So, if we are party to it, then it becomes difficult for us to poke holes because we will be told that we should have expressed it there. I am reliably informed that Sen. (Prof.) Anyang'-Nyong'o will be running for governorship. I am also reliably informed that Sen. Hassan Omar is running for governor. So, before we shoot ourselves on the foot, let us have an independent assessment---

Order, Sen. Hassan, I heard your words; Sen. Hassan Omar is running for governor. Who are you reliably informed by? 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

By my conscience. Therefore, we must factor in that there must be a broad planning committee with a set outcome. Nothing has changed since the last Devolution Conference. We should maintain our stand. The conference must be a devolution conference by the Senate to assess progress with respect to Article 174 enmasse . That should be organised by county assemblies and Senators who do oversight.

Mr. Speaker, Sir, how come we were excluded from any planning or development in counties from the beginning? Governors denied us the right to participate in the county development boards. Now they want us to go and celebrate with them. What are we going to celebrate with them? If you are not part and parcel of planning for something or dining table, how can you celebrate that you ate? We have not eaten anything. Mr. Speaker, Sir, devolution is gradual. We are the team that Kenyans are looking up to, to change Kenya. We need to change our institutions. My governor is just running from place to place---

Order Senator, please conclude.

Mr. Speaker, Sir, while governors are jumping from place to place, our people are dying. What are we going to celebrate? I asked the Government to declare drought which the people of Tana River are facing a national disaster because people there are dying. There is nothing to be celebrated. It is disaster because our people are dying while governors keep on telling us to celebrate. We should not be celebrating but crying.

Mr. Speaker, Sir, “he who plays the pipe calls the tune”.

I studied medicine and not English. The issue is you do not always have to quote what somebody else said. Why can it not be my quotation? Who finances that conference? What is the involvement of the Senate in the financing of that conference? If we are subsidiary on the same, then we should not expect to be given that latitude to be heard. In any case, who works on the programme? Who dictates on what the programme should be? Mr. Speaker, Sir, as you have announced today that there will be that conference; let us, therefore, be involved in working on the programme. That is the only way we will know that the conference is all-inclusive for both the Senate and the executives in the counties. Unless that disclosure and transparency is made, then we have nothing to do with that conference. We have not attended those conferences for the past four years. Missing a fifth one will not have any weight at all. Thank you.

The last one is by Sen. (Prof.) Lesan in his capacity as the Chair of the Committee on Devolved Government. Please use that opportunity to shed light on some of the arrangements. 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, first, I want to congratulate your Office and the message which you have given to the House this afternoon regarding the conference.

Order, Sen. (Prof.) Lesan, why are you shy? Do you congratulate an office or the office holder?

Mr. Speaker, Sir, I am not shy. I appreciate the concerns of Senators who have spoken on this subject. Being a Senator who has had the same experience in the past three years, I appreciate that. From the concerns that have been expressed and what has transpired, I think there is some move to correct some of the things that happened. This House, through the Senate Sessional Committee on Devolved Government, is actually involved in the process from the very beginning. Last week on Thursday, some clerk from your Office and I attended the First Steering Committee Meeting to organise the conference. As you are aware, this House is fully represented through the Committee on Devolved Government in the arrangement of the processes. Being involved from the very beginning, we have already started to deal with some of the issues. The first issue we dealt with during the first meeting was the issue of protocol and we have addressed that. We ensured that proper protocol procedures will be followed during the conference including your position during the actual day of the conference, sitting position and all those others.

Order, Senator, those are details but we will be happy if you just said that you are dealing with protocol issues.

Mr. Speaker, Sir, we are dealing with those protocol issues as I have said. We are also dealing with expanding the participation by insisting that county assemblies should be involved and that has been taken care of. We agreed that the Senator for the hosting county should also be involved right from the beginning. In fact, we have already suggested and proposed the role of the area Senator. Mr. Speaker, Sir, we have also dealt with the issue of literature or papers being used bearing the letterhead of the CoG. The minutes of the first meeting we had did not have the title of the CoG because we want to move away from having the Devolution Conference as a governors’ conference. As one of the Members has stated here, we are also dealing with the issues of finance. For the information of Senators, the counties, through their governors, have donated Kshs2 million each. There is already Kshs94 million for that and there is a shortfall of Kshs150 million to be able to run the conference. The Senate and other institutions who will participate in the conference are urged to make some contributions towards that. We have asked other financiers to come on board. I am sure that there are also friends of the Senate who should make contributions so that we pay the piper and, therefore, have a bigger say because of the contribution being made. Mr. Speaker, Sir, we have not been able to attend the previous conferences. As the Chairman of the Committee on Devolved Government, this being the last devolution conference and, given the level of our participation from the beginning, we should consider attending the conference. There will be an award session for some of the people or institutions such as the CoG, the Senate and all present institutions which have made contributions towards devolution. That will be a chance for the Senate to also recognise contributors. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, hon. Senators! Chairperson, you did very well to explain things except for the last two. First, we are not in the business of domestic tourism. Secondly, Senators have not at any time, from where I sit, said they will not participate. They are only saying that the manner of participation must be clarified. The role of the Senate must be clear. All other stakeholders in the devolution family must be included.

Order, Sen. Bule! You shall remain standing until I conclude whatever I am saying then we can make amends to the mischief that you have just conducted. The point that Senators have said which the Senate must emphasize and which we will communicate through our team - our participation in the conference is led by the Sessional Committee on Devolved Government led by the Chairperson, Sen. (Prof.) Lesan. He is assisted by Sen. (Dr.) Zani. I have made those nominations to the planning committee. My instructions to them are very clear. Everything is in a state of flux. These topics and themes are for consideration by that Committee. They are not cast in stone. Somebody somewhere had to start the necessary process for the rest of the Committee to dispose. Therefore, I assure Sen. (Prof.) Anyang'-Nyong'o that is the correct position. The first one should be about all the major players coming together to plan collectively. Secondly, the other message we have made abundantly clear is that we must learn from the experiences of the last conferences. It is only the first and the last conference that we did not attend but we attended the second conference in Kisumu. There were lapses of protocol and logistics during that meeting. Those issues must be addressed. Finally, devolution is not an opportunity for imperial presidency to be exhibited. The overall purpose of the new governance structure is that we unpacked the imperial presidency. It was not our desire to transfer any of that to the devolved governments. Our job as a Senate is to transfer functions. As far as I know, we have not transferred any such function to the county governments. This is not just a matter of political positions or politicking but devolution. It is not about the big man syndrome. We must work very hard to level everybody. We will continue engaging and informing the Senators on the progress being made by the Committee. What is it, Sen. Khaniri?

On a point of order, Mr. Speaker, Sir. Sen. Bule breached our Standing Orders. You gave very clear instructions that he should remain standing until you finished your communication then after the communication he should make amends. As soon as you finished your communication, he sat down. He did not make amends you had instructed him to. 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, Sen. Khaniri for being vigilant and observant. Sen. Bule---

Order, Sen. Bule! Our Standing Orders are very clear. I reminded you what you needed to do. I do not have to remind you again. Tell us what you did. Confirm and then make amends as you know.

Mr. Speaker, Sir, I am a human being. I apologise for whatever wrong I have done.

Order, Senator! You do not apologise for what you do not know. So, it cannot be whatever wrong. It must be a specific definite matter. What exactly did you do?

Mr. Speaker, Sir, I just entered, bowed, came in and took my seat.

The Speaker was on his feet.

Mr. Speaker, Sir, I did not notice that.

How did you notice your seat?

Mr. Speaker, Sir---

Order, Sen. Bule! We will not engage on things that everybody saw. You cannot pretend to be blind to me! You bowed to whom? How did you get to your seat? Just go back to the bar and do the needful.

Order, hon. Senators! We may now proceed. Sen. Bule has obliged and exceeded the brief by marching. Next order.

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Committee on Education regarding the notice to the Chairman of the Kenya Technical Training College (KTTC) Governing Council from the Cabinet Secretary for Education to relocate from its current location in Gigiri to the former Kenya Science Teachers College (KSTC) which is currently a campus of the University of Nairobi. In the statement, the Chairperson should address the following: (1) What informed the decision by the Cabinet Secretary to relocate the KTTC from its current location to the former KSTC, currently a campus of the University of Nairobi? 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. Let me ride on the same regarding Machakos Teachers Training College (MTTC), which has been frequently closed and giving students 10 minutes to vacate the compound. Could the Chairperson explain what is taking place in the said college? There is also a Technical Training College(TTC) in Kabarnet in Baringo County, which is being turned into a university by force. I thought we said that technical colleges should not be converted to universities. Could the Chairperson explain further what is happening with regard to the same?

Order, Senator! I disallow that one. It is too heavy to be carried. You can do a separate statement.

Mr. Speaker, Sir, it is not the first time that a Government in this country is being misguided. Kenyans will remember how the then Kenya African National Union (KANU) Government attempted to put up a 64-story building at Uhuru Park and the late Prof. Wangari Maathai single handedly stood and stopped the project. That Sen. Wetangula has brought this very important matter here, we have an opportunity as Members of Parliament (MPs) to stand our ground and remind the Executive that they cannot dictate upon Kenyans as and when they wish.

Order, Sen. (Dr.) Khalwale! That is a matter for when the Statement has been responded to.

Mr. Speaker, Sir, yes. The further clarification ---

Or else, you are working on an assumption and assuming some answer. 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, given that this Government does not have a very nice track record about respect for public land, could the Chairperson tell us what will become of the current institution and the more than 100 acres that the College sits on. Could it be that they now want to take it and put it to personal use the way they did at the Lang’ata Road Primary School?

Chairperson, please, respond.

Mr. Speaker, Sir, in two weeks’ time, I will be able to deliver the Statement. However, could I respond now to Sen. Wetangula’s Statement? I know some of the answers.

They are not your answers that you are giving but those of the Ministry.

You sought for two weeks and then you have a change of mind.

Mr. Speaker, Sir, no, I am saying two weeks’ time and I wanted to correct Mheshimiwa Wetangula that Kenya Science Teachers College (KSTC) is not the one which --- We will talk and you will correct.

Order, Sen. Wetangula! You had your bit and you were supported by two others. Why do you want a fourth one?

Mr. Speaker, Sir, I wanted to correct him.

There is nothing to correct. You will correct at that time in the Statement.

Mr. Speaker, Sir, okay. CORPORAL PUNISHMENT IN TRAINING INSTITUTIONS

Mr. Speaker, Sir, I rise to seek a Statement pursuant to Standing Order No. 45(2)(b), from the Chairperson of the Standing Committee on Education. This is in regard to corporal punishment in training institutions. In the statement, the Chairperson should explain:- (1) Whether the Ministry of Education, Science and Technology is aware that a teacher injured a student at Nyabururu Girls’ High School in Kisii County while administering corporal punishment on the student last week. (2) Whether or not disciplinary measures have been taken on the teacher by the Ministry, considering that corporal punishment in schools is outlawed. (3) What the Ministry has done to sensitize teachers against the use of corporal punishment in schools. (4) Whether there are mechanisms that the Ministry has put in place to monitor cases of corporal punishment in schools and ensure they are reported and appropriate action is taken.

Chairman, when can you bring a response?

Mr. Speaker, Sir, give me two weeks together with that of Sen. Wetangula. 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, Chairman! Sen. Wetangula’s matter had been disposed. Why do you have to keep bringing it?

Mr. Speaker, Sir, give me two weeks.

So, directed.

What is it Sen. (Prof.) Anyang'-Nyong'o?

Sorry.

On a point of order, Mr. Speaker, Sir. You heard the way the Chairman was responding carelessly. This issue has been in the media, intensely debated and we hear that the Ministry had even intervened. Is it in order for the Chairperson to ask for two weeks? That is something that he can get even in a day.

Mr. Speaker, Sir, initially, I thought that the House is proceeding on recess. That is why I thought that in two weeks’ time, the House will have come back from recess. That is the timing in which I wanted to fix myself. I will have had enough time to talk to the Cabinet Secretary (CS) over the issues. MISERY OF RESIDENTS OF KASARANI IN MALEWA WEST WARD, GILGIL CONSTITUENCY

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 45(2)(b), to seek a Statement from the Chairperson of the Standing Committee onLegal Affairs and Human Rights. This is in regard to the misery of residents of Kasarani in Malewa West Ward in Gilgil Constituency who are classified as residents of Naivasha and Gilgil constituencies in Nakuru County. In the Statement, the Chairperson should state:- (a) Whether the Government is aware that the residents of Kasarani in Malewa West Ward in Gilgil Constituency are classified as Naivasha residents and yet the Ward is in Gilgil Constituency. (b) Whether the Government is aware of the lost opportunities that residents in this area have had to endure in the Government recruitment drives for the National Police Service (NPS), the National Youth Service (NYS), the Kenya Defense Forces (KDF) etcetera, where mobilization is on constituency basis. They are literally chased from Gilgil and asked to go to Naivasha Constituency where they are also chased back to Gilgil Constituency. (c) The steps that the Government will take to rectify this anomaly and ensure that the residents get their rightful share of opportunities. Thank you.

To which Committee was the request for Statement directed to?

Mr. Speaker, Sir, that is an important Statement and so we request for two weeks to enable us get a comprehensive response. 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

Two weeks is okay. Hon. Senators, we move to the Statements to be issued. In the usual manner, we will start with Statement (a). DISAPPEARANCE AND BRUTAL MURDER OF CHILDREN IN CHESUE VILLAGE, NANDI COUNTY

Mr. Speaker, Sir, I do not have the Statement. I request to be given more time. The Ministry responded that they are still working on it.

How much more time?

Mr. Speaker, Sir, I appreciate that there were a number of outstanding clarifications from the Chair but my specific one was for her to indicate to us the status of the case against one of the arrested persons over the same. She was to tell us that the accused has been charged. I do not think the status of that case should not take more time. I do not think that it should have taken the Chair more than a phone call to establish it. The vice-chairperson should give us the information on the status of the case tomorrow.

What is your response to that specific one?

Mr. Speaker, Sir, I will try to give the status of the case against the individual tomorrow.

So ordered. Statement (b). PERSISTENT TRAFFIC CONGESTION ALONG THE NAIVASHA-NAKURU ROAD

Mr. Speaker, Sir, I request for two more weeks because the substantive Statement had been issued and the Member who requested was satisfied. However, there were other further clarification questions sought by other Senators which have not been provided. Therefore, I request for another two weeks.

Mr. Speaker, Sir, I confirm that there were various requests made. The Question was responded to satisfactorily. However, I am aware that other Members sought additional information and that is what remains to be provided.

Order, Senator. The issue here is about the time. You have not responded to it.

Mr. Speaker, Sir, as far as I am concerned, the issues that I had raised were substantially responded to and I am satisfied with that.

I am a bit at a loss. However, bring the Statement in two weeks’ time. STREET FAMILIES AND URCHINS IN KENYA

Mr. Speaker, Sir, I had promised to give the Statement today. Unfortunately, we are not seized of the Statement. We have spoken to the Ministry and they said that they are compiling the data required. The confusion was that we forwarded the Question to the wrong Ministry. They redirected us to the Ministry of Devolution and Planning. 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, last week the gracious lady Senator promised to bring the answer today. It has been five months down the road. If they cannot bring the Statement to the House, may I ask her to summon the two Cabinet Secretaries from the Ministry of Devolution and Planning and the Ministry of Labour, Social Security and Services so that we question them here?

Mr. Speaker, Sir, I understand the frustration of Sen. Leshore. This Question has been long overdue. I promise that we will call the Cabinet Secretary to the Committee first in the next one week so that we get the response. If need be, we can summon him to the House, if it is not satisfactory.

Order Senator. Are you calling him or you have already invited the Cabinet Secretary?

Mr. Speaker, Sir, we have not invited him but we will. We have a meeting tomorrow.

You cannot summon if you have not invited in the first instance.

Mr. Speaker, Sir, we have a meeting on these issues tomorrow. It will be in our agenda to invite the Cabinet Secretary.

The response to be issued in two weeks’ time. DISMISSAL FROM SERVICE OF PRIVATE ABDIRRAHMAN OMAR MADEY

Mr. Speaker, Sir, this is Sen. Bule’s Statement but he is not in the House. I do not know whether I should proceed.

He was here.

Mr. Speaker, Sir, since I have shared the Statement with him, I can proceed.

Since he may be in the neighbourhood, let us give him the chance. We will come back to it. FATE OF TEA FARMERS WHO LOST MONEY IN THE COLLAPSE OF THE IMPERIAL BANK AND CHASE BANK

Mr. Speaker, Sir, while the---

Order, Sen. M. Kajwang. Before I allow you, there are House procedures and you have been around long enough to know. You make a request, wait to be granted and then proceed to speak. You cannot just stand and speak. You have even withdrawn your willingness to speak.

Mr. Speaker, Sir, I am responding on behalf of the Chair of the Committee on Agriculture, Livestock and Fisheries. As you know, the Chair of the Committee is away in China, learning new tricks. So, I am a Member of the Committee 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. The opportunity is now. It is only that you did not give me an indication that you are the official responder. Secondly, you did not put the request so that I can recognise you. Proceed.

Mr. Speaker, Sir, this Statement is ready. However, it is only today that we have shared it with the Sen. (Prof.) Lesan. The Statement contains about six tables. I have sought the indulgence of the good Sen. (Prof.) Lesan and he has requested that we allow him to internalise the response and then we can debate the matter tomorrow.

Order, Members! Sen. (Prof.) Lesan, I will not entertain you. Both of you have been in this House for a long time. I have advised on this matter severally, or repeatedly, if you wish, that such mundane matters; you agree on something, approach the Chair and we dispense with it. We do not have to make use of valuable plenary time. So, that Statement will appear on the Order Paper tomorrow.

On a point of order, Mr. Speaker, Sir. The Statement sought by Sen. (Prof.) Lesan cuts across all the tea growing areas and it affects many farmers. For example, Murang’a is the largest small-scale grower of tea in the country. Therefore, the farmers must be also very adversely affected. May I request for your indulgence---

Are they also the largest contributors to Imperial and Chase banks?

Mr. Speaker, Sir, that is a private affair. I do not know who the shareholders are in those two banks. Sen. M. Kajwang says the statement includes a lot of annexures. I would wish that it is tabled so that we get copies so that we intelligently interrogate it when it appears on the Order Paper tomorrow, or maybe on Tuesday, next week. That is my request.

Thank you, Mr. Speaker, Sir; on a point of order. I thought you were a bit harsh on me, but I do appreciate. I have just seen this statement and it has got a lot of figures. Therefore, I request the Chairperson to give us up to tomorrow to look at it, so that we can answer tomorrow. Since the Senator has said it, it is of interest then I am sure more copies would be made and then we can all interrogate. So, we accept that we be given an opportunity tomorrow.

Order, Sen. (Prof.) Lesan! Where is the harshness of the Chair there? All I said was that you are repeating what he had already told the House. Let us save ourselves from being repetitive which is in the Standing Order. Once Members have agreed on some issues, they will approach the Chair and we will process that matter. Hon. Members, the request by the Deputy Speaker is valid since there is quite a bit of interest. This is a major cash crop in our country and definitely many of us will be very keen. It is the tradition of Parliament that sufficient copies of both Reports and Statements are made. So, let the response of the Statement be copied and be availed to 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 also do not have this Statement. I am requesting to be given one more week to respond to the Statement.

Once more, Sen. Adan versus Sen. Sang.

Mr. Speaker, Sir, this was a very important Statement on the murder of one Mr. Musa Koech by police officers. With these kinds of statements, we would expect that the Cabinet Minister for Interior and Coordination of National Government who is in charge of internal security would take them more seriously. However, we continue to see the Cabinet Minister commenting on extra judicial killings and such things casually out there. When we make formal request for information it appears that it is not forthcoming. I would have no problem with the extra one week, but the Cabinet Minister or the Chairperson of the Committee on National Security and Foreign Relations should come back to this House with nothing less than a response to this because it is such an important matter.

So ordered. The statement shall be issued in one week. Let us move to the Statement (g). LEADERSHIP CRISIS AT MOI UNIVERSITY

Order, Members! If there is a meeting on that issue today and the clerk is waiting at the door, why do you need a week? The Statement will be on the Order Paper tomorrow afternoon. It is the consequence of your statements and cannot be otherwise.

Mr. Speaker, Sir, on a point of order. Before we move away from the Statements, last week I requested the Chair of Security---

Order! Order Sen. Wetangula! I will still come back to you. I thought it was on the---

Mr. Speaker, Sir, no it is within Statements.

Order, Sen. Wetangula! Let us give Sen. Murkomen and then I will still come back to you.

Order, Members! I appreciate the statement by Sen. Murkomen, but we do not discuss clerks here. Sen. Murkomen should have confined this matter to commending Sen. Karaba for giving such instructions. For now, I am afraid Sen. Murkomen should be satisfied with the assertions of his Chairman for Education. PLIGHT OF KENYAN REFUGEES FROM UGANDA CAMPING AT THE ENTRANCE OF PARLIAMENT BUILDING

Mr. Speaker, Sir, on Thursday, last week I made a request for a Statement in regard to a group of Kenyans who are picketing outside the Senate gate. There is a banner there indicating that they are refugees and returnees from Uganda. Since the Chairperson of National Security and Foreign Relations promised to bring a Statement later this week, the Speaker has directed that some remedial action be taken by the Government to remove those Kenyans from staying at the gate of the Senate day and night. These are women and children who have not facilities. They do not have toilets and facilities for cooking. The number appears to be increasing and it is not good, first, for the image of Parliament, second, for the image of the country. Thirdly, they are Kenyans that deserve to be given some remedial measure, to be taken away from that gate as their case is being addressed. Sen. Haji, the Chairperson of the Committee promised that something would be done immediately. Could the Vice Chairperson, who is present, tell us why those Kenyans are still picketing at the Senate gate from last week?

Vice Chairperson.

Mr. Speaker, Sir, I believe you are aware that the Chairperson is out of the country. I have not followed up to check what the Government has done, but undertake to go to the Ministry this afternoon and find out whether they have taken any action, and respond tomorrow afternoon.

It is so ordered.

On a point of order, Mr. Speaker, Sir. The year 2017 will be the tenth jubilee since these people went to Uganda. Could something be done expeditiously, so that they do not sherekea the eleventh jubilee outside Parliament? I am saying this because I saw something about this being their tenth jubilee since they went to Uganda.

Sen. Orengo, I do not understand.

Mr. Speaker, Sir, I was out there and one of them told me that they went to Uganda in 2007. This year will be the ninth jubilee since they went to Uganda. 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. With great respect to Sen. Orengo, can he confirm that he is talking about ‘anniversary’ and not ‘jubilee,’ for the sake of the HANSARD? ‘Jubilee’ has a totally different meaning from ‘anniversary’.

Mr. Speaker, Sir, I am reporting to the House what I was told. I spoke to some of them and those are the words they used. They were trying to make a point. If you are not seeing the point I am trying to make, then woe be unto you. They were making a specific point about this being “their jubilee”. I do not know why a political party is also called ‘The Jubilee Party’.

Order, Sen. Orengo! All of us in this country have reason to believe that you are quite a good communicator. Even if you were told what is wrong, I am sure that you would not want to transmit the same, especially to your colleagues. If you are quoting, I believe you also know how to do so. What you are attempting is obvious to everybody, but the message has been conveyed.

On a point of order, Mr. Speaker, Sir. I heard the Vice Chairperson clearly respond by saying that the Chairperson is out of the country and that she undertook to go and handle the issue today. It is almost a week since those people came here. We see children playing and crying on daily basis. You will find them even as late as midnight. The responsible department should be sensitive enough to realize that these Kenyans require a decent shelter, like a tent, where they can wait. This is a serious issue that should be treated as an emergency.

Mr. Speaker, Sir, I rise on a point of order in line with Standing Order---

Order! I will come to you. Vice Chairperson.

Mr. Speaker, Sir, as I said earlier, I do not have an answer right now. I promise that I will go to the Ministry and give feedback to the House tomorrow afternoon.

Order, Members. That is a fair request; let us give the Vice Chairperson another 24 hours to respond to the House. Sen. Abdirahman. PAYMENT OF SALARY AND ALLOWANCES TO ISSA OMAR HUSSEIN

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 45 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations regarding payment of salary and allowances to Inspector Issa Omar Hussein, who has been serving the police force for the last 28 years. In the Statement, the Chairperson should state:- (a) the employment status of Inspector Issa Omar Hussein, Personal No.88065783; (b) why Inspector Omar Hussein was removed from the police payroll since November, 2012; 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. Speaker, Sir, I will respond in two weeks.

It is so ordered. Sen. (Prof.) Anyang'-Nyong'o.

Mr. Speaker, Sir, in accordance with Standing Order No. 33, I would like to move that this House adjourns to discuss a matter of national importance. Realizing that Article 96 of the Constitution gives this House the responsibility of promoting, defending and articulating the interests of counties; Recognizing that the Murang’a County Government commissioned a thorough review of the Northern Collector Tunnel Project and that a report of the technical Committee has already been availed by Murang’a County Government; Noting further that the County Assembly of Murang’a has equally been seized of this matter and has raised pertinent issues on questions regarding the availability and accessibility of fresh water to the people of Murang’a and the counties along the Tana River Basin; Realizing further that this matter has provided debate in the media and within the political class, a debate that this Senate should be seized of, and from the point of view of facts and issues pertinent therein, take a stand as a Senate in line with Article 96 of the Constitution; Cognizant of the fact that the problem of accessing fresh water is a major global problem, not just national, and an environmental issue to other nations; Now therefore, This House would, therefore, like to discuss this matter of the Northern Collector Tunnel so as to understand the pertinent issues and to defend the interests of the counties concerned.

(Hon.) Ethuro): Order Members. We are lucky as a House that somebody’s opinion is immaterial. It is the Standing Orders.

Mr. Speaker, Sir, we received a response from the Ministry of Labour Social Security and Services and they indicated that the Statement did not belong to the Ministry.

(Hon.) Ethuro) I am sorry Sen. Madzayo. Sen. Wangari, is this the question that you handled?

Yes, Mr. Speaker, Sir.

(Hon.) Ethuro): It has been handled. That is the end of Statement Hour. We will go back to Order Nos. 5 and 6 on a matter that was brought to the attention of the Speaker. Sen. (Prof.) Lesan!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- Report of the Sessional Committee on Devolved Governments on the Appeals for Transfer of Functions by Various County Governments.

(Hon.) Ethuro): Order No. 6.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT the Senate adopts the Report of the Sessional Committee on Devolved Governments on the Appeals for Transfer of Functions by Various County Governments laid on the table of the Senate on Tuesday, 18th October, 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

(Hon.) Ethuro): Order Members.

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

(Hon.) Ethuro): What is it Sen. (Dr.) Machage?

Mr. Speaker, Sir, would I be in order to request that you order your office to always inform you when the Gallery has people or not because you were introducing visitors who were not there.

(Hon.) Ethuro): Order Members. I think the point raised by Sen. (Dr.) Machage is valid but since they were there and we were proceeding with some business I think that recognition was deserved even if they were not there. You can always be recognized in absentia. It is even better now that they are back. They know they have been appreciated. Your point is noted. The worst part would be another delegation. We can use the Supplementary Paper which is in circulation. We now move to Order No. 8 as per the Supplementary Order Paper. What is it Sen. (Dr.) Machage?

Mr. Speaker, Sir, as we move to Order No. 8 would I be in order to seek your guidance on how we handle Motions and Bills in the House? How would you guide the House in a situation where the mover of a Motion or Bill becomes absent continuously when his or her Motion is being debated without even delegating to any other Member to sit and hear the discussion?

(Hon.) Ethuro): Order Sen. (Dr.) Machage. That is ambush and it has nothing to do with Motion No. 8. Wait for the relevant Motion and then raise that matter. Clerks could you call out the Motion?

(Hon.) Ethuro): The Chairperson, Sessional Committee on Devolved Government.

Mr. Speaker, Sir, I beg to move that the Senate adopts the Report of the Sessional Committee on devolved governments on the appeals for transfer The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir. This is one of our serious responsibilities as Senators. I want to thank the Chair for leading this House in ensuring we expeditiously deal with the transfers that came from various counties. There were various appeals related to clarification on matters related to environment like forests. Some of those appeals came in just before we passed the Forests Act. In this Report, we have observed that those concerns have been taken care of under the law. This is also a recognition – and I want to thank the counties that made the appeal – of the awareness they have on matters related to their functions as county governments. Mr. Deputy Speaker, Sir, if you notice in these appeals, various counties like Elgeyo Marakwet County wanted to be part and parcel of the county that shares the resource of Chebororwo Agricultural Training Centre with the other counties. It has been captured there that all the counties including West Pokot, Trans Nzoia and Turkana are going to be beneficiaries of that institution. If you look at Embu County, for example, most of the counties were dealing with matters related to grain storage and we said agriculture is an exclusive mandate of the counties and that National Cereals and Produce Board (NCPB) should not hinder any county that is willing and ready to spend resources to build a storage facility. For example, if a county like Tana River had stored grain and they had strategic grain reserves within the county, the county government would have bought the grains and distributed to their residents at this time of drought. That applies to Kiambu County that appealed on the same issue. On the rural electrification, there was an interesting appeal on matters of it that came from Kiambu County. You can notice that this is a concurrent matter and we have encouraged the counties to have a joint implementation framework that is related to distribution and reticulation of energy as provided for in the Fourth Schedule (1) and (2) of the Constitution as a concurrent function that is affecting both levels of government. Mr. Deputy Speaker, Sir, we have also noted that on matters of library services, these were already transferred to county governments. The issue that is bothering them is implementation. Unfortunately, many counties want to feel the part of saying a function has been transferred to them. If you go to many places, one of the functions that counties have neglected is the function of library services. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Motion. After listening to Sen. (Prof.) Lesan and Sen. Murkomen, I thought of not supporting it, because of the expressions they made with regard to performance in the counties or the failure by the Transition Authority (TA) to effectively transfer all functions that are designated for counties, as well as the passive nature of the successor to the TA, which is the Intergovernmental Relations Committee. Devolution is still at its embryonic stages for the fourth year running. A number of things have not fallen into place. Management of resources in counties, planning and prioritizing projects is still an issue. Public participation in identifying what the issues are in the counties is another factor. We thought devolution would help our local people in terms of meeting their demands. However, it is yet to realise its full results. I say so because at some point, there was a Bill sponsored by Sen. Sang on the County Development Boards. It failed to take off because of the interference of courts in this country. I am not saying that what is in the Constitution justifiably should not be given to counties. However, we should have looked at performance in the counties with regard to resource management. We should also have looked at the impact of the resources that we are channeling to counties. We do not have an elaborate plan, for instance, a mid-term review. By last year we should have known whether the billions we have channeled have given us value for monies that were spent in counties. We are going into the fifth year; the final lap. We should have reviewed the current Budget that is being spent by counties on recurrent or development projects. As the national Government, Members of the Senate and communities that are supported through these funds, we should rate them and get some consensus on how best these things should have been carried out. From an overall position, there is an indication that a number of our counties have not performed effectively, and I am deeply concerned. We may want to transfer functions, but are they being handled as expected? The issue of service delivery has not been brought forward. Many county executives assume that putting up a physical structure is as good as service delivery. Service delivery is quite different from putting up a hospital, a maternity wing or a dispensary. Putting up a classroom for an Early Child Development (ECD) class may not necessarily translate into improved enrollment or good performance. Therefore, putting up a physical structure is not the same as service delivery. A number of Senators, including me, have moved around several counties. When we see very huge structures put up by governors, we always imagine that they have done very well. We do not look at the actual ingredients with regard to service delivery. 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. Kembi-Gitura) Sen. Cheruiyot.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Motion. First of all, I would like to commend the Committee that worked on this Report that contains some proposals. Having had an opportunity to follow the workings of the Senate from outside for the first three years of devolution, I have a better understanding. There is the benefit of observing the Senate from outside; reading through newspapers, watching the debates of this Senate, as well as listening to other public participation functions. This is an extremely important piece of information. It goes into the depth and breadth of the challenges that our county governments are facing. For the first time as a House, we should move away from a victim mentality, where at the slightest of opportunity we take a swipe at the governors and other people working in the county governments. We need to appreciate that some of the inefficiencies that we see in our county governments are not so much to do with the person of the governor, but with the structures and systems put in place. It is the first time that this system of government is being implemented. I read some of the final reports that the TA did at the end of their tenure before handing over fully to the county governments. One of the key areas that county governments are most challenged in is in terms of capacity. The people who run different departments, say, procurement and agriculture are not well qualified. Some of the top professionals from different communities were not sufficiently convinced that there is good reason to leave the comfort of Nairobi and other major towns and go somewhere deep in Turkana, Samburu and other places. Therefore, the locals who had minimum or no experience at all got the chance to serve in some very senior positions in our county governments. This has affected the work being done at the counties. I am privileged to be a Member of the Standing Committee on Finance, Budget and Commerce. If there were well trained and experienced procurement professionals serving in the counties, 99 percent of the petitions that come to our committee could be avoided. As time goes by, some of these things will be taken care of by nature. Sen. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Anyang'-Nyong'o, did you request the Floor?

Would you like to come later? I can give you time to look for it if you wish.

I had looked at it but this idea of pinching documents is not good manners in the Senate.

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

What is your point of order? Are you the culprit?

Mr. Deputy Speaker, Sir, is Sen. (Prof.) Anyang'-Nyong'o in order to make an assertion that would give the indication or presumption that we have thieves in this honourable House? He said that somebody has stolen instead of using a more appropriate word like somebody must have picked or something like that. The word “stealing” gives the impression---

Do you want him to baptize the word “stealing?”

He should use a polite word. I am not the culprit of picking, stealing or whatever it is. Is he in order to use such a tough term? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Anyang'-Nyong'o did not use the word “stealing.” I listened to him carefully and he used the word “pinching.” Sen. (Prof.) Anyang'-Nyong'o, did you use the word “stealing?”

Mr. Deputy Speaker, Sir, I used the word “pinching” but when they raised objection, I said “stolen”. I discovered that maybe they did not understand the meaning of “pinch.”

Sen. (Prof.) Anyang'-Nyong'o, you know that using the word “stealing” is not Parliamentary language.

Mr. Deputy Speaker, Sir, I apologise and withdraw. Let them not pinch my documents next time.

Sen. (Prof.) Anyang'-Nyong'o, I request you to withdraw that.

Mr. Deputy Speaker, Sir, I apologise and withdraw. Mr. Deputy Speaker, Sir, the report on the appeals for transfer of functions by various county governments is a very important report. When I was in the Committee on Devolved Government, I raised it when we met the then Cabinet Secretary (CS) for Devolution and Planning, Ms. Anne Waiguru. In some of our very early meetings, I asked her when the Government will implement Transitional and Consequential Provision No.17 that provides that provincial administration will be reformed or restructured to conform to the system of devolution within five years of the coming into effect of the Constitution. Mr. Deputy Speaker, Sir, if I were to ask the Government today how the system called provincial administration has been restructured to conform to the system of devolution, I will probably be told that now we have regional commissioners instead of provincial commissioners but that is all because the chiefs and assistant chiefs are still there. Nobody ever said that the chiefs and assistant chiefs should lose their jobs but the transitional and consequential provisions provide that the system of provincial administration should be restructured to conform with devolution. One of the reasons why we have insecurity in the rural areas and counties is because the function of security which was an important function of the provincial administration has not been restructured to conform with devolution. Mr. Deputy Speaker, Sir, the County Governments Act is very detailed in the extent to which devolution should be structured. It begins from the foundation of devolution in the village where it provides that there shall be a village council and village administrator. If you read the County Governments Act, the functions of the village council are so fundamental to security that if we were to implement devolution to the letter, the role of chiefs and assistant chiefs would have to be structured to conform with devolution. At the moment, many counties have not established devolution in line with the County Governments Act. Even if they have, the functioning of the foundation of devolution at the village level is weak. In Tanzania, if you are in a neighbourhood, the system of security and intelligence will know that you are a bona fide visitor whose security must be guaranteed and protected and you are not somebody who is in that particular neighbourhood for ill intention. 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 rise to support this Motion. It is part of the greatest mandate that this House has in ensuring that we support our counties. The drafters of the Constitution, in their wisdom, allocated functions between the two levels of Government. It is very clear in terms of functions reserved for the national Government and those that go to county governments. There are functions that are of concurrent responsibility or mandate to both levels of Government. It is important to note that whereas the concept in the Constitution initially provided for a situation where there is asymmetrical devolution, it means that we should 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. Sang. Hold his time. Sen. Lesuuda, what is your point of order?

Mr. Deputy Speaker, Sir, Sen. Sang is making a valid point on issues to do with corruption and how members of the public are employed in our counties. The terms “girlfriends” and “concubines” have been used continually to demean women who are employed on merit in some of our public offices. Is he in order to continue to perpetuate what we have been trying to fight against for a long time? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

I do not think Sen. Sang is referring to women who are employed using the right procedure. I do not think so. I think that is taking the argument too far. I do not believe that he is bracketing himself. I may ask him to substantiate but I do not think he is bracketing himself---

Mr. Deputy Speaker, Sir---

Just a minute. I want you to consider what I am saying because I do not want to take the issue too far. He is talking about girlfriends and boyfriends, as the case may be. So, I do not believe that he is talking about people who have been employed on merit. Do you still have a point of order?

Mr. Deputy Speaker, Sir, yes.

Let me hear you.

Mr. Deputy Speaker, Sir, I will then further ask Sen. Sang to substantiate whether there are girlfriends and concubines - he did not mention boyfriends but he used the two - in any particular county which we are not aware of.

Sen. Kembi-Gitura): Sen. Sang, you look amused. What is your take on that?

Mr. Deputy Speaker, Sir, I do not know whether Sen. Lesuuda is the only visitor in Jerusalem. What is happening in counties is that whereas we appreciate that Kenyans have employment opportunities through the county public service boards in free and fair transparent processes. However, when you go to a county government, there are county public service boards which are supposed to carry out employment but opportunities are created which avoid the legal channel of employing staffs. You hear staffs being employed in acting capacities because that can be done by the governor or the county executive without any reference to the county public service board. When you ask about these acting positions, in most cases, you hear that one is a nephew or a concubine to the governor. Concubines are known. Someone has a wife and he also has a side person who has been given a contract or employed in acting capacity in a certain office. These things are happening. Mr. Deputy Speaker, Sir, the reason why I used concubines and girlfriends is because all the governors are men and only a few deputy governors are women. Unfortunately, most of these deputy governors have no executive powers. So, let us not trivialize this because it is a fact. The county executives are misusing and avoiding the law to find opportunities not only for employment but also for contracts.

I think your point is made. You can now go back to your debate.

Mr. Deputy Speaker, Sir, most of the contractors are beautiful women. You ask yourself; is it a coincidence that all these contracts are given---

Sen. Sijeny, what is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. Is the Senator in order to assume that the women contractors have no qualities yet he knows that the National 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 think we need to understand the context. Personally, beautiful or not, I think we must understand the context. If I understand Sen. Sang, he is discussing corruption, nepotism and favouritism. That is what I understand him to be talking about. So, if a woman, beautiful or not, as the case may be, is awarded a contract otherwise than through proper procurement, if I understood the context, that is what he is referring to. I do not want us to belabour this point too much.

On a point of order, Mr. Deputy Speaker, Sir. I do not have a problem with the way Sen. Sang was proceeding. When you told him to go to his original point that is where I have a problem. Is he in order that at the end of his argument, he said that there are too many beautiful women suppliers in the counties when we passed a law that guarantees at least 30 per cent of the contracts to be awarded to the marginalised groups including women? We are encouraging more women to be suppliers in the counties. Is he in order to insinuate that the more the women suppliers the greater the probability that they are the governors’ concubines. I do not think that, that is correct.

Mr. Deputy Speaker, Sir, that was not the case. However, it raises eyebrows when virtually almost all the women contractors are beautiful when we know that in this country---

Sen. Sang, can you explain to me whether you are talking about a specific county or counties in general. You seem to be quite clear.

Mr. Deputy Speaker, Sir, most of the examples are from my county. However, we have discussed this issue in this House.

I am not stopping you but when you go to too much specifics, like you are trying to, then you must tell us. I do not think it has gone to the level where I can demand substantiation but it appears like you are talking of a specific county. I do not think you are talking of the 47 counties.

On a point of information, Mr. Deputy Speaker, Sir. Sen. Sang may not be wrong. If you go to Nandi County, God placed a beauty culture. I do not know if you have peculiar eyes different from what we have. The ladies there are all beautiful. I know that. Therefore, you should be grateful that they are more beautiful than the ones we know. So, do not belabour the point.

Mr. Deputy Speaker, Sir, I want to avoid that line. However, I know beauty lies in the eyes of the beholder but some beauties are conventional. It is important to note that the beautiful and the less beautiful women are entitled to the contracts. It does not make sense when you have only a particular---

Sen. Sang, I might have to stop you now. You might be going overboard. The law talks about 30 per cent contracts to women, 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 stand guided. It is only that I was speaking for those who in the eyes of the county executives may not look beautiful and they are locked out of that particular process. That is fine. However, county governments must conduct their work and ensure--- Is my time up? Please, give me one minute to conclude.

Take one minute to compensate for the time.

Mr. Deputy Speaker, Sir, it is important for counties to have proper priorities. They must be reminded that corruption is not one of the devolved functions. When we are given an opportunity to start a county government like the current governors, the expectation is to lay a firm foundation for the future generations. With those few remarks, I support this Motion and ask all county governments to focus on their mandate.

On a point of order, Mr. Deputy Speaker, Sir. Considering that Sen. (Prof.) Anyang’-Nyong’o had requested for a Motion on Murang’a, am I in order to request that we reduce the contribution time to five minutes so that we get time to debate that other Motion? I see Sen. (Dr.) Zani, Sen. Madzayo and Sen. Lesuuda are all nodding in agreement.

Mr. Deputy Speaker, Sir, on a point of order. That application coming from a Member who has already contributed to this particular debate in my thinking is that---

Order, Sen. Sang! The point of order by Sen. Murkomen has merit because all of you were here when I gave direction that this House will adjourn at 5.30 p.m. to debate the Motion by Sen. (Prof.) Anyang’- Nyong’o. We have less than 18 minutes to conclude this Motion. I have full request for the Floor, including the Member replying. So, it is a reasonable request because everybody would like to be heard. In fact, it is will not be five minutes, but four minutes so that we accommodate all the four Senators who want to speak to this Motion. Sen. Madzayo, you have four minutes.

On a point of order, Mr. Deputy Speaker, Sir. Did you notice what Sen. Cheruiyot and Sen. Sang did? They bowed somewhere in the middle here.

Order! Sen. Cheruiyot, can you stand where you are?

Mr. Deputy Speaker Sir, they bowed somewhere here and then went to form a Kamukunji there, having broken the law twice.

Order! Can both of you do the right thing? Order, Sen. Murkomen! Sen. Madzayo.

Bw. Spika, natumaini wakati wangu utaongezwa kidogo kwa sababu ya dakika zilizochukuliwa na yule kitinda mimba katika Seneti hii.

Uunajua vitinda mimba wako namna hiyo kila siku. Itakuwa vyema kama serikali za mashinani zitapewa pesa za kutosha ili zijenge maktaba ya kuifadhi vitabu vya watoto wetu ili waweze kusoma. Huduma hii ya vitabu wakati huu iko mikononi mwa Serikali ya Kitaifa. Huduma kama hii isimamiwe na serikali za mashinani maanake mtu anayevaa kiatu anajua pale kile kinamuuma zaidi. Bw. Spika, hata elimu ya msingi inaweza kusimamiwa na serikali za mashinani watoto wengi kule mashinani wapate elimu bora. Kwa hayo machache, ninaunga mkono Hoja hii kwamba huduma za barabara ziwe chini ya serikali za ugatuzi ama serikali za mashinani.

Asante sana. Sen. Madzayo. Sen. (Dr.) Zani, you have five minutes.

Thank you, Mr. Speaker, Sir. I also stand to---

Mr. Deputy Speaker, Sir, I do not know whether I heard you right. In your earlier order, you said that the contributions will be four minutes. I do not know whether it is because my sister Dr. Zani who is one of our learned ladies from the Coast is very beautiful if I was to quote what my brother Sen. Sang has said. That is why you have added one extra minute.

Are you accusing me?

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 am seeking a clarification whether that is the position.

I am controlling the time. I can see that I have ten minutes ahead of me, because you did not finish your four minutes. I only have Sen. (Dr.) Zani and one other Senator who has sought the Floor before 5.30 p.m.

I will not bother to ask you to withdraw and apologize. It is okay. Sen. (Dr.) Zani.

Thank you, Mr. Deputy Speaker, Sir. I will try to use less time so that we can go to the other Motion. I remember with a lot of excitement sometime in August 2013 when we all had sub-committees that went to different counties and engaged directly with governors. At that time it was to look at the functions that had been devolved. There were appeals from 29 counties about devolved functions that they felt should have been devolved to the counties. They are clearly stipulated in the Fourth Schedule of the Constitution. At that time, there was a lot of interest across various areas. Most Senators looked at areas to do with libraries, agriculture and roads. The other day I was going through documents in my office and I came across that report. One, I was impressed about the work that we did. Second, I thought about how far we had gone and what happened to that initiative. At that point, we wanted to ensure all these functions get devolved to the various counties. I also want to acknowledge that at that time when we went round, we had the assistance of various clerks. At this moment, I would like to mention, in a specific and important way, Ms. Joyce Aluoch, who rested last week and whose fundraising we will be going to shortly. She was one of the clerks who participated in this process and gave a lot of energy towards getting this report out. Unfortunately, the Attorney-General at that time said that he could not gazette the transfer of these functions. That was quite disappointing for us because we had expected the process to be straightforward. There had been a lot of hope exhibited by the governors that we would be able to give them all the 14 functions and ensure that they had been devolved appropriately to them. That did not happen and it became a legal process. Afterwards, an order was put to the Attorney-General that he cannot question the decision of the Senate, which was an important thing. Every time the Senate has had a situation which has ended up in a legal process and the Judiciary coming in, it has stalled the work. Almost towards the end of our term in the Senate, we still have a situation that all the functions have not been fully devolved to the counties. Even more dangerous, the counties are also coming up with other functions that have not been devolved to them and taking a lot of the resources that are being sent to the counties to those particular functions. They are, therefore, deviating from the key functions that they should concentrate on. 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, what have you just said?

Mr. Temporary Speaker, Sir, I am advancing the argument that had been put across by Sen. Madzayo on the previous ruling by Sen. Kembi-Gitura when he was sitting on the Chair. It is on a light note.

Sen. Lesuuda. Of course, it is not based on any other consideration than that there is a request from Sen. Lesuuda.

Thank you, Mr. Temporary Speaker, Sir. I rise to support this Motion. I am a Member and Vice Chairperson of the Committee on Devolved Government. As my colleagues said earlier, this was an important process for our counties. We extensively looked at the proposals of the appeals that were tabled before our Committee. We found that many of them hold water and it was important for these functions to be transferred to our counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Since there is no other interest to contribute to this Motion, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I have listened to the contributions of my colleagues and appreciate the fact that each of us is very much concerned about not just the transfer of the functions but how that function is being implemented and the resources that follow such functions. Interestingly it is not functions that follow resources, but it is the resources that follow functions. Our counties must be able to do what they need to do to ensure that---

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

Speaker (Sen. Sang): What is your point of order?

Mr. Temporary, Speaker, Sir, my neighbour, Sen. Murkomen told me that there was no need to indicate my interest to speak because my immediate neighbour, Sen. Lesuuda was replying. I have now realized that it is not the case, and he now has my two minutes. Is he in order?

The Chair was not party to those discussions, therefore---

Mr. Temporary, Speaker, Sir, for the record, indeed that is what I told Sen. (Prof.) Lonyangapuo but it was not before I was advised that we needed someone to reply so that the necessary Standing Order is applied in the next request which I am about to make. It was expected that Sen. Lesuuda was to reply but it was going to be replied to by the mover.

Do you regret that kind of indication?

Mr. Temporary, Speaker, Sir, it is not that I regret, because it happened after. Since I still have two minutes, I can give Sen. (Prof.) Lonyangapuo two of those minutes so that he can make one or two comments.

Sen. (Prof.) Lonyangapuo, this should not be a practice in this House.

Mr. Temporary, Speaker, Sir, he is a very good neighbour and that is why he has shared the minutes. As my colleagues have indicated, of the 14 functions that were devolved, the last one which is No.14 says:- “Ensuring and coordinating the participation of communities and locations in governance at the local level and assisting communities and locations to develop the administrative capacity for the effective exercise of the functions and powers and participation in governance at the local level.” Governors and the leadership in the counties have forgotten this to the extent that local issues that are supposed to be solved locally jump to the national Government and end up exhausting time for leaders at the top. For example, we have a problem at Kerio River between Pokot of East and West Marakwet. The moment the three governors chose to go and convert the boys that are giving us a problem along the river into farmers by giving them water pumps to plant water melons, some of these problems would cease. However, because there is no political mileage in this many have abandoned this project. Because associating yourself with a secondary school gives credit, that is why this is the case. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Murkomen, make the necessary comments to conclude.

Mr. Temporary, Speaker, Sir, my neighbour has made a useful addition in so far as our neighborhood is concerned. I only ask him that we should continue sitting together and pursuing peace. I beg to reply and request you to defer putting of the question on the Motion to a later date pursuant to Standing Order No. 54(3).

Speaker (Sen. Sang): It is so granted and ordered.

Hon. Senators, you remember that a request was made by Sen. (Prof.) Anyang- Nyong’o for an Adjournment Motion to discuss the Murang’a County Northern Collector Tunnel which was scheduled for 5:30 p.m. We have eaten into that time. I, therefore, call for the next order.

Mr. Temporary, Speaker, Sir, I would like to move this Adjournment Motion.

Mr. Temporary Speaker, Sir, in accordance with Standing Order No. 33, I would like to move that this House adjourns to discuss a matter of national importance. REALIZING that Article 96 of the Constitution gives this House the responsibility of promoting, defending and articulating the interests of counties; RECOGNIZING that the Murang’a County Government commissioned a thorough review of the northern collector tunnel project and that a report of the technical Committee has already been availed by Murang’a County Government; NOTING FURTHER that the County Assembly of Murang’a has equally been seized of this matter and has raised pertinent issues on questions regarding the availability and accessibility of fresh water to the people of Murang’a and the counties along the Tana River Basin; REALIZING FURTHER that this matter has provided debate in the media and within the political class, a debate that this Senate should be seized of and from the point of view of facts and issue pertinent therein, take a stand as a Senate in line with Article 96 of the Constitution; 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, first and foremost, before giving the background to this issue, I would like to Table for the use of this House this very important Report entitled: Murang’a Government Report of the Technical Committee on the Northern Collector Tunnel Project.

This Report is extremely important to this House and I hope that if these discussions are consigned to a particular committee or committees of this House, they will find this report a useful resource document. I would like to give a background to this issue so that the House may be informed of what we are talking about. Not long ago, Murang’a County got seized of the fact that there was the Northern Collector Initiative Tunnel. I have left a very important document. It is important that we get the facts correct because we do not want to speculate. On 3rd December, 2014, Murang’a County Government was informed and knew that the Athi Water Service Board (AWSB) proposed to construct a dam to Ichiche by the name Maragwa Dam to supplement water supply to Nairobi and its satellite towns. An environmental impact assessment was undertaken for the proposed Maragwa Dam. Mr. Temporary Speaker, Sir, the overall cost benefit analysis of this option was not feasible. Due to this, the project was abandoned. Secondly, AWSB further proposed the extraction of underground water in Gatanga Sub-County and Ruiru in Kiambu but the wells could not yield the required 140,000 cubic meters of water per day. Consequently, this second option was also abandoned. Finally, the Northern Water Collector Tunnel was proposed to be the most feasible option to supplement the water requirement for Nairobi residents. The project proposes to draw water from three main rivers namely; Irati, Gikigie and Maragwa rivers. These three rivers are the main tributaries of Maragwa River which forms lifeline of Murang’a County residents with approximately one million people as per the Kenya Population and Health Census of the year 2009. Mr. Temporary Speaker, Sir, the proposed tunnel shall drain water into river Githika in Gatanga Sub-County which flows into Ndakaini Dam. The tunnel – and this is important because this is where the environmental issues come – which if clearly understood and accounted for, would make sense. If not understood and accounted for, it can be dangerous in the future. The tunnel will cover 11.8 kilometres and a diameter of three meters and proposed depth of between 20 to 250 meters below the surface, subject to the terrain. The tunnel is designed with hardy bottles and drop shaft from Irati intake whereas an intake at Maragwa, Gikigie and Irati, the project envisions to extract flood waters from the above said rivers. There will be an out fall and energy and inspection structure at Githika River near Makomboki, upstream of the existing Ndakaini Dam. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Anyang’-Nyong’o, your time is up!

I beg to move.

Move your Motion that the House do now adjourn?

Sorry, Mr. Temporary Speaker, Sir. I beg that the House do now adjourn. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I was not here at the beginning. How many minutes do I have?

This is an adjournment Motion pursuant to Standing Order No.33. In accordance to the Standing Order, you have five minutes.

Thank you, Mr. Temporary Speaker, Sir.

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

What is your point of order, Sen. Muthama?

On a point of order, Mr. Temporary Speaker, Sir. Looking at the time, we have about 40 minutes and we only have four Senators. Could we each have ten minutes instead five minutes so that we debate on this matter exhaustively?

We will go by the Standing Order. You know what you always do when your five minutes have expired.

Thank you, Mr. Temporary Speaker, Sir. This is a very important Motion for Adjournment. The starting point is the Constitution of Kenya. This Constitution enthroned issues of environment to the Chapter dealing with the Bill of Rights. When we talk of environmental matters and resources of this country, they are not held in any other Chapter of the Constitution, but in the Chapter that is dealing with the Bill of Rights and that is Chapter five of the Constitution. The Constitution itself devotes the second part of that Chapter on issues dealing with environment and natural resources. How the State is required and is obligated to deal with matters to do with environment and resources. With regard to the Motion that is before us, there are the twin issues which have been articulated very well by Sen. (Prof.) Anyang’-Nyong’o in relation to the protection and conservation of the environment and the utilization of water as a resource. The Constitution requires that we should not only ensure sustainable exploitation and utilization of those resources while protecting the environment, but that we should also monitor and audit the impact of any project that we carry out that may affect the environment. When utilizing the natural resources which include water, we must ensure that it is for the benefit of all the people. The other important pillar of these provisions that affect resources and environment is the issue of public participation. We should never have a conversation or a discussion about our resources in secret. It is not a lie - if I may use that word though I may be subjected to its being unparliamentary - but it is true that the conception and implementation of this project has been done in secrecy. We have seen the government going all over when implementing projects even those by the counties, which include opening of water points and water kiosks. We have seen the Head of State going to such projects. However, this project was being held and implemented in private and outside the conversation of the important issues that concern the people of this country until the former Prime Minister, hon. Raila Odinga came out with this discussion in public. It is not lost on the people of Kenya and that is something that we must deal with.The local leadership in Murang’a including the Members of Parliament were not sufficiently involved and it is now that they are being made aware of the impact of this project. 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 will realize that we are likely to have more Senators interested to make their contribution to this matter. Two more minutes will be sufficient. We cannot work with the ten minutes.

Mr. Temporary Speaker, Sir, part of Kenya is currently suffering because of the bad implementation of projects that was done before. If you look at Kajiado County, it is suffering from water deficit because of the activities that surround the water towers in Kenya such as the Mau, the Aberdares and the utilization of water which affects the entire county. The flower farms that have come up have no regard for availability of water to human beings. We have occasionally seen livestock being brought into the city because people are looking for water for the animals. When somebody comes up with a matter of a serious nature like the way the former Prime Minister, hon. Raila Odinga did, we should not politicize it. The Jubilee side has run away from this House and by their absence, they are trying to politicize this very important matter. Even the Senator for Murang’a who has raised very valid and legitimate issues has run away from this very important discussion.

Order, Senator. You cannot use the term “run away” especially with regard to the Senator for Murang’a, the Chair whom I took over from. As the Chair, I know, he excused himself because of a specific engagement that he shared with me. That is why I am seated here.

Mr. Temporary Speaker, Sir, if there is a matter concerning your county you cannot take off. It follows. The other day there was a matter raised about Machakos and I was to travel with the Senator for Machakos. I tried to wait for him but I had to go because he had to wait until that matter was prosecuted. If you listened to Sen. (Prof.) Anyang'-Nyong'o, this thing raises very important legitimate questions that we should look into as Kenyans without running away from it. Instead of politicizing it based on who has raised the issue, we should look at the issues that are being raised. The generality of the public, including the people of Murang’a are not satisfied that the Government is dealing with this project in the interest of the Kenyan people, more particularly for the people upstream including the people who live in Murang’a. Mr. Temporary Speaker, Sir, I greatly support this Motion. I hope something will be done. 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 came running because I was involved in mobilizing colleagues to support Sen. (Prof.) Anyang'-Nyong'o, the Senator for Kisumu. If you look at the history of water in this country, we have been classified by the United Nations Environment Programme (UNEP) as a water deficit country. That makes it imperative that we jealously protect our water sources. I laud my brother, friend and co-principal in CORD, the former Prime Minister Raila Odinga for raising this issue. I encourage those who are reacting in a haphazard and erratic manner to pay attention to the message instead of looking at the messenger. What does the message say? It says that the project is not environmentally advisable. It will cause a disaster not only in Murang’a but in all riparian counties downstream up to the Indian Ocean. Mr. Temporary Speaker, Sir, I heard somebody making a very simplistic rejoinder that the water will go into the Indian Ocean, anyway. I am also sad that our colleague, the Senator for Murang’a is not here. I talked to him personally and told him that he had to be here to support this Motion because I have heard him make very positive statements about this but what are we seeing now? In the media today, we are told that Members of Parliament (MPs) from Murang’a have been given money by the Government – Kshs50 million each – to convolute their thinking and corrupt their mind so that they do not raise any issue about this project. This is state money. Nobody has money to give anybody for free. In fact, when Sen. Njoroge brought the matter here, I urged that we want a full audit of public water projects in this country. Without even focusing on the environmental issues of this tunnel, the cost is an issue. Last night, I met some friends from Murang’a County and they told me that they fear for their county because all the streams that are being tapped at source, ostensibly to fill up Sasumua Dam, are going to dry up. Therefore, tea, maize andpotato growing will suffer and no animal will drink any water any more. All this is to satisfy, not the provision to the people of Nairobi County but the greed of those involved in taking kickbacks. Mr. Temporary Speaker, Sir, I have gone even further and asked the Governor for Nairobi County whether he is aware of this project since the water is coming to his county. He has never been involved even once. He has never been called to any meeting, neither does he know the conception of the project or the cost. All he hears is that there is a tunnel tapping water to fill up the dam to provide water for Nairobi County. We have said here before that before the water comes to Nairobi County, even the people of Murang’a County deserve to be given water but nobody wants to pay attention to that. Instead, what are we hearing now? The Governor for Murang’a County, who escaped by a whisker here on serious corruption charges, is now the one who is hurling rocks at Hon. Raila for raising the issue. He says that Hon. Raila is playing cheap politics. We are not playing cheap politics. We are concerned about the future, environment and children of this country. We are concerned about Kenya as a country. This idea of putting self before the country will destroy our country. I saw the Cabinet Secretary (CS) for Water - poor young man - reading a rehearsed text content he did not even seem to have understood or appreciated. You could even see from his body language that he did not believe in what he was saying. But because he has to protect his The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I also rise to support the Motion. In the Fourth Schedule No.22 under the Distribution of Functions Between the National Government and County Governments, the Constitution says:- “Protection of the environment and natural resources with a view to establishing a durable and sustainable system of development, including, in particular – (c) water protection, securing sufficient residual water, hydraulic engineering and the safety of the dams.” Again, let me take you to Part 2 of the same Schedule, under the Functions and Powers of the county, No.10 says:- “Implementation of specific national Government policies on natural resources and environmental conservation, including – (a) soil and water conservation.” Mr. Temporary Speaker, Sir, the Motion on the Floor of this House has to do with the Northern Collector Tunnel to bring water to Nairobi City County from Murang’a County. We have made it very cheap when it comes to things that we wrote down about protecting the environment. Yesterday, Cabinet Secretary (CS), Mwangi Kiunjuri, told the country that we are now staring at drought and death. I was surprised to see a dead buffalo. Animals are normally the last to die. Human beings and domestic animals must die first before the wild animals. However, wild animals do not die because of lack of water. Mr. Temporary Speaker, Sir, let us not make it cheap that there are the Coalition of Reforms and Democracy (CORD) and Jubilee sides. To this extent, this is a serious matter. The people of Kilifi, Tana River, Murang’a and Kitui among other Counties need water. Kajiado County which is now a desert is a living example yet everybody is migrating to this desert. What does it cost to sit and open up to consult and display the agenda of the National Government and the county government as well? Is it not two years ago when the grand plans were unveiled by the Jubilee Coalition Government, where I am, to irrigate one million acres of land in Tana River and Kilifi Counties? What will become of the irrigation scheme if we interfere with water flow from Mt. Kenya to Tana River? Mr. Temporary Speaker, Sir, we need water everywhere. I was on the border of Baringo and Samburu Counties last Saturday. The only flowing river is River Amaya. However, it is drying. This means something needs to be done in the surrounding environment in order to protect water. If we want to get water, we should consult. We have a huge dam under construction in my county. It is called Kapsait-Siyoi Dam. As 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

Bw. Spika, nashukuru.Naunga mkono mjadala huu kwa hali na dhati. Maajabu hayaishi Kenya yetu. Nina shangaa nilini tutapata viongozi kama marehemu John Michuki. Katika Bunge la kumi, mradiwa maji wa Murang’a uliletwaBungeni. Katika taarifa ya uwazi, marehemu John Michuki alisema mradi huo utajengwa akiwa kaburini. Maneno yake yametimia kwa sababu aliaga na mradi unatimizwa. Jambo la kuhuzunisha na kushangaza ni kwamba, nilini viongozi wa taifa letu wata fikiria na kufanya mambo ambayo yana lenga masilahi na mahitaji ya wakenya pahalipo pote walipo. Bw. Spika, kiti unachoka kimeekaliwa tangu mwaka wa 1963. Kabla hujazaliwa, chanzo cha maji mahali unawakilisha ni pahali pale ulipowacha baada ya miaka 53. Hivi sasa, maji ya mto Athi yanatoka hapa mpaka baharini. Ni kilomita 18 kutoka Nairobi unapata maji ya mto Athi. Kutoka mto Sagana mpaka hapa, ni kilomita 78. Haya maji yote yanaelekea baharini na sisi tunaenda Murang’a kuchota yale maji machache na kuyalete hapa Nairobi. Watu wa Murang’a ambao ni majirani wangu hawana hata tone moja ya maji. Swali ni hili: Je, Serikali ya Jubilee inawafanyia kazi Wakenya walio na shida ya maji? Ni maendeleo gani imefanyia Wakenya kwa jumla? Mambo yao ya kuleta maendeleo ni kuumiza yule mnyonge ambaye anastahili kusaidiwa. Hii ni kishashe na sarakasi. Bw. Spika, jambo la kuhuzunisha ni kwa kwamba maji ya Murang’a inakusudiwa kutumia katika Jiji la Nairobi. Ni nani mpaka leo ameweza kuishi bila maji katika mji huu? Sisi tunaishi hapa na hatujasikia hata sauti ya mtu mmoja akisema hana maji. Leo tunashangaa Serikali ya Jubilee inakopa Kshs835 milioni kila mwezi kuendeleza miradi ambayo haimfaidi mwananchi wa Kenya hata kidogo. Reli ambayio inajengwa kutoka Pwani hadi Nairobi haisaidii mwananchi wa kawaida. Kwa mfano, ukisafirisha magari yako hadi Nairobi inamsaidia aje mwananchi wa Nandi na hana chakula, mahali pa kupeleka watoto wake shule na hata hospitali. Ni mradi tu. Huko tunasema Serikali ya Jubilee imefanya kazi ya kusaidia Wakenya. Hii ni miradi ambayo haifai wawachane nayo ikiwa wanataka kuwasaidia wananchi. Wakati 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

One more minute because of the interest of this matter.

Bw. Spika, nashukuru. Nitachukua dakika moja. Gavana wa Nairobi hana habari kwamba maji yanakuja. Kwa hivyo, namwambia Mhe. Rais na Serikali yake atumie hiyo pesa kusafisha Mto Athi ambayo iko karibu na alete hapa Nairobi. Mto Sagana utengenezwe ili maji ije Nairobi. Maji iko hapa Tana River na Masinga Dam. Hii mito tatu inatosha kutupatia maji hata ya kufanyia kilimo katika taifa letu nzima. Kwa nini kuenda mahali hakuna maji na kunyanyasa wananchi? Naunga mkono. Nashukuru Sen. (Prof.) Anyang’-Nyong’o kwa kuleta Hoja hii hapa.

On a point of order, Mr. Temporary Speaker, Sir. You heard my colleague, Sen. Muthama, say that even the Governor of Nairobi has not been consulted. Is the Senator in order to tell us about things they might have discussed elsewhere without evidence? Could he table a written document to that extent because this is a serious matter?

Sen. (Prof.) Lonyangapuo, that matter was raised by the Senate Minority Leader. You should have risen on a point of order at that particular point. He clearly indicated that he talked with the governor. We will leave it at that; we do not need to substantiate. Sen. Sijeny, you have five minutes.

Mr. Temporary Speaker, Sir, I beg to support this Motion. Water is an important aspect of life. In fact, water is life. If we do not handle it properly, we will send this country into serious calamities. The effects of climate and environmental changes shall be devastating and this will definitely affect the economy of our beautiful country. Already, global warming has affecting the country. People have cleared forests and the country is suffering due to that. If we now go underground and clear all the water in massive projects like these, without proper consultation of all the stakeholders, we are 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. Let me start by congratulating Sen. (Prof.) Anyang'-Nyong'o for bringing this important Motion for Adjournment. Secondly, I wish to congratulate our party leader, the Rt. Hon. Raila Amollo Odinga, for raising this issue. He raised this issue at the national level, as an issue that concerns all Kenyans. It is an important aspect of our lives; environment and natural resources. There are two key articles that we need to put into consideration as we debate this Motion. First, our role as the Senate, under Article 96, properly contextualizes this issue to be discussed here. Therefore, it is disappointing that the other side of the House is completely empty. We are in charge of the counties as the guardian angels. Anything that happens in the county level is our concern. Secondly, Article 69 is very clear about matters natural resources. It states clearly that the exploitation, utilization, management and conservation of resources needs to be put in such a way that it accrues equitable share and benefits to all concerned, and that the issues of public participation are very key. Mr. Temporary Speaker, Sir, looking through the way this project was implemented; initially it started with an agreement that was done on 3rd December, 2014 in Murang’a when they were thinking of the Maragwa Dam and later on when they were thinking about extraction of water and building wells. That was the way the project was initially meant to proceed. First to ensure that there were enough wells and dams that were put in place so that as the tunnel was being put into place, there would be enough water for daily use. Sen.Sijeny has expounded very clearly the use of this water. If you have rural communities who are not able to even survive because the water is being diverted without any mercy to them about how they are going to conduct their livelihoods for them and their animals, it is very disappointing. That is why from the onset, the issue of public participation was going to be very key. There was also the issue of what processes would happen, one after the other, to ensure that even if the Northern Collector Tunnel is going to be started later on, these rivers, Irati, Githii and Maragwa are going to be collected and processed to Ndaka-ini Dam. The phases of this project would be well articulated and there would be agreement. 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

One minute for you.

No thanks. Mr. Temporary Speaker, Sir.

Hon. Senators, the House was Adjourned at 5.30 p.m. by dint of this Motion. The House will resume sitting tomorrow, Wednesday, October, 19th, 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