Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Justice and Legal Affairs, I beg to lay the following Paper on the Table of the Senate today, Wednesday 19th October, 2016:- Report on the Regional Colloquium of African Ombudsman Institutions, 2015.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Wednesday 19th October, 2016:- Traffic Minor Offences Rules, 2016.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Wednesday 19th October, 2016:- EALA REPORT ON THE SENSITIZATION ACTIVITIES IN PARTNER STATES Report of the East Africa Legislative Assembly on the sensitization activities conducted in partner states in June 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

I do not see the Chairperson of the Standing Committee on Lands and Natural Resources. STATUS OF TEA FARMERS’ MONEY HELD IN A KTDA FIXED DEPOSIT ACCOUNT AT IMPERIAL BANK The Statement by the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries is ready, but the Member is not here. LEADERSHIP CRISIS AT MOI UNIVERSITY Statement by the Chairperson, Committee on Education. The Member is not here. Next Statement. PLIGHT OF KENYA REFUGEES FROM UGANDA CAMPING AT THE ENTRANCE OF PARLIAMENT BUILDING

Mr. Speaker, Sir, the Statement is ready, but my Committee clerk is at the Office of the President waiting for it to be signed. I request to be given an opportunity to issue it once it is here.

On a point of order, Mr. Speaker, Sir. The Order Paper designates every issue to come at its time. This is Statement Time and the matter is extremely urgent and very serious. There would be absolutely no excuse for the distinguished Senator to say that somebody is waiting for the Statement to be signed and she will issue it when it comes. There is no guarantee that you will be sufficiently magnanimous to go back to Statements after you have called another Order. Yesterday, after we raised the concerns about the people at the gate, I learnt that on Saturday afternoon one of those women at the gate gave birth and our orderlies were on hand to help. This Government cannot be that callous against its own people. If these people left Kenya for Uganda, where were their parcels of land? Where were 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

Order, Sen. Wetangula!

Mr. Speaker, Sir, I am sure you share the pain we are sharing about those people at the gate.

I do, but why flog a dead horse? The gracious Senator only asked for a bit of time. The Statement is ready and awaiting a signature. My understanding is that before the end of the day, the Statement will come and I will grant an opportunity for it to be issued and then you can raise all those issues.

Mr. Speaker, Sir, my fear was that you will refuse to grant that opportunity. Now that you have said you will, I am very grateful to you.

Order, Senator! I am wondering about the basis of your fears. Having worked in this House for the last four years, you have absolutely no basis.

Mr. Speaker, Sir, when Statements are sought by this House from the relevant Chairpersons, the only authentic signature required for the Statement to be accepted by the Chair is that of the Chairperson. If the Chairperson is not around then the Vice Chairperson can sign on their behalf. Is the Vice Chairperson in order to deny us the Statement by saying that it is being signed? Who is signing it? We do not recognize other signatures.

On a point of order, Mr. Speaker, Sir. I just want to ask my colleague under what Standing Order that is provided.

What is it Sen. Kagwe?

Mr. Speaker, Sir, I am with Sen. Wetangula in waiting for the other Statement.

Mr. Speaker, Sir, I know you have made a ruling on that issue, but it is really an eyesore to have those people at the gate for many days. I am wondering why your orderlies assisted one of them to give birth. We have women who could have assisted the women who gave birth at the gate.

Order, Sen. Kittony. Why are you imagining that all orderlies are men?

We even have professional midwives who are men, trained and practising. Sen. (Dr.) Machage is generally right in terms of submitting the document. On the same basis of the Committee sourcing information usually from the Ministry, they would want to get information that is certified so that you do not get any other kind of information that you may not want. I think it goes backwards. So, she is still at the source level.

On a point of order, Mr. Speaker, Sir. A matter such as this is a very urgent matter that raises security concerns. In fact, what we ought to have seen by now, 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

Vice Chair.

Mr. Speaker, Sir, let me confirm to this House that yesterday, I promised that I was going to give an answer to this particular Statement. Immediately after that, I went to the Office of the President (OP) and I was there up to around 5.30 p.m. This morning, I woke up and went to the OP trying to get answers on this particular Statement. I even called the Cabinet Secretary (CS) last evening on the same issue. They told me they are compiling the answer from the Internally Displaced Persons (IDP) Department in the OP. As I am speaking right now, the clerk of the committee is at the CS’s office. That is where I have reached with this particular Statement.

On a point of order, Mr. Speaker, Sir. I sympathise with the Vice Chair but my concern is one that goes beyond there. It is a matter of security. I understand the concerns of the people camping at the gate but we are also living in very dangerous times. These are times when people can pretend that they are part and parcel of the refugee individuals camping out there and cause grave and dangerous harm to this august House, Members of Parliament (MPs) and staff of this institution. Therefore, even as we discuss this and the status of what is going to happen to those individuals, can we address this matter also as a security concern to Parliament but not just look at it as a question of the United Nations High Commissioner for Refugees (UNHCR) doing their job?

Mr. Speaker, Sir, I do not know whether you heard what the distinguished Vice Chair said. The Executive is accountable to Parliament. When an issue is raised in this House or any other House, it is demeaning for the Vice Chair of a committee to go and queue in the Office of a CS up to 5.30 p.m. when we have channels of communication through our officers sitting here. Has accountability to Parliament diminished? Be that as it may, yesterday, the distinguished Sen. Adan told this House that even as she was planning to bring a statement today, something was going to be done by the Government to remove those returnees from the gate of Parliament. To date, nothing has happened. We do not want to cite examples of very unpleasant events that have happened in the same manner in comparable jurisdictions because I am sure we know. Those Kenyans – returnees from Uganda – have now been at that gate for more than a week. Is it so uncaring that this Government cannot even take those people to a holding ground where they can get facilities such as water, toilets, food and other basic amenities, bearing in mind that a woman among them delivered a baby at the gate? We are still being told that a Statement is awaiting a signature from a CS who of late has become very arrogant that he spends all his time warning everybody instead of working.

Mr. Speaker, Sir, I agree that this is a very grave matter. I made inquiries on the whole issue about those people being out there. The information I have is 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.

What is it Sen. Bule?

Mr. Speaker, Sir, the Vice Chair has said that the people who are suffering at our gate have homes. If they have homes, what are they doing there? This issue is very serious and it endangers us. Sen. Wetangula said that it endangers our lives and that is true. Those people have been here for two weeks yet nothing serious is happening.

Order, Sen. Bule. What is your point of order?

My point of order is that the Vice Chair is cheating because she is not telling us the truth.

Order, Sen. Bule. “Cheating” is un-parliamentary. Proceed, Vice Chair.

Mr. Speaker, Sir, I have raised concern about insecurity but unfortunately they cannot be forced out of this place because that will also amount to violation of their rights. The Ministry is doing something and I kindly request Members to give me some time so that I get what the OP has put together so that the issue is resolved. Thank you.

Hon. Members, there is no Statement before us and so, I really do not know what you are interrogating. I allowed a lot of time for the concerns to be raised the moment the Senate Minority Leader raised the Statement. The concerns have been raised and therefore, let us wait for the Statement and then interrogate those concerns on the basis of what the Government would have decided. That will be more useful than just giving views that are taking us nowhere.

On a point of order, Mr. Speaker, Sir. I am not going to get into the content because, as you said, there is no Statement. However, I would like to seek your guidance on procedure. Are committees supposed to be conveyor belts for the Executive? This is because the Vice Chair of the Committee, Sen. Adan, said that the Statement is awaiting a signature somewhere. She has not seen it and it has not come back to the Committee. Therefore, she does not know whether it satisfactorily responds to the issues raised by the Senate Minority Leader. So, should Chairpersons of committees be messengers who run to CSs for statements and bring them to the House without any interrogation by the committees?

Mr. Speaker, Sir, there are three issues which have come out strongly. First, the CS has no respect for whatever we have requested him to do. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I agree with you that there is no Statement to the extent that the Vice Chair has not read a Statement to the House. However, she has also made very categorical statements from where she sits. First, she has said that those people have homes. Secondly - it is erroneous in law - she has said that because they have rights, they cannot be removed from the gate. I do not know what law applies there. There is no law that says that you can become a nuisance, pose a security risk or endanger the lives of children and women simply because you have rights. Rights are subordinate to other rights. If the extempore statement made by the good Vice Chair is anything to go by, then we have enough facts to continue to interrogate this matter. The question we are asking is very simple; is it very difficult for the Government to get a holding ground away from the gate of Parliament and take those Kenyans there, provide them with food, some security, some water and any other facilities that require people to lead a near decent life? Is it very difficult for the Government to do that?

Mr. Speaker, Sir, I have just talked to the clerk. The Statement is ready and he is on his way coming with it. So, I will be able to issue it any time.

Order, Members! To satisfy Sen. Wetangula, this is a House of records. You cannot push the Vice Chairperson so hard to the extent that she just had to turn her back against the wall, try to respond to you and then hold that against her.

That is the cost of the job.

For Sen. Kajwang’, of course, the Vice Chairperson can source information from wherever it may be available, including the committees on understanding of the sector which they are oversighting. The practice has been that there is a legitimate state organ; one arm of the State is the one that implements. So, that is their kind of primary source of information because they are implementing. They are the ones who will take action. So, that is why there is over-reliance on that arm of the State to provide information and deliver on the actions that Parliament as the other institution and the Judiciary, have decreed.

.: Mr. Speaker, Sir while the Statement is being brought and ---

Order, Sen. Mutula Kilonzo Jnr.! You have just joined the party and you cannot extend it.

.: Mr. Speaker, Sir, I was not aware that there was dancing.

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I did not talk about dancing, Senator.

.: Mr. Speaker, Sir, it is a humanitarian crisis that I thought ---

Order, Senator! If your idea of a party involves dancing, not all parties ---

.: Oh! That is not a party. It is something else.

Order, Members! We have been told by the Vice Chairperson that the Statement is ready and on its way. We have some other businesses to proceed with. So, let us not engage in things that are not helpful for now when it is just a matter of a few minutes to deal with it.

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

Order! Not on this one. We will proceed. Sen. Bule, your Statement? PROLONGED DROUGHT AND FAMINE IN VARIOUS COUNTIES

Mr. Speaker, Sir, pursuant to Standing Order 45(2)(b), I stand to request for a Statement from the Chairperson of the Sessional Committee on Devolved Government on the disaster of prolonged drought and famine in Tana River County. In the Statement, the Chairperson should state the following:- (1) Whether the Government is aware that there is serious drought, shortage and starvation in Tana River County and, indeed, other parts of the country including Kwale, Kilifi, Taita-Taveta, Kitui, Garissa and Samburu counties. (2) What the national and county governments are doing to support the people affected in the areas and to mitigate the problem. (3) Whether the Government is planning to appoint a special taskforce to investigate the effects and extent of the drought in the country. Thank you.

The Chairperson for Devolved Government, Sen. (Prof.) Lesan.

Mr. Speaker, Sir, of course, that is a very serious issue considering that there is drought throughout the country. We will work expeditiously with the Ministry of Devolution and Planning to bring an answer within two weeks.

It is so ordered.

On a point of order, Mr. Speaker, Sir. Yesterday, I heard the Cabinet Secretary (CS), Ministry of Devolution and Planning read a list of counties that have suffered. Over the weekend, I went to the border of West Pokot, Turkana, Samburu and Baringo counties. They are equally devastated. I am surprised that there is a shortlist. 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

Chairperson, you will need to consider that as part of your response.

Bw. Spika, wiki mbili ni muda mrefu sana. Hakuna hata maji ya kunywa. Sijui kama muda huo ni mwafaka.

Sen. Kisasa, it does not mean that we are stopping everything. The two weeks are just for the Statement to be prepared and brought. The expectation is that action is being taken.

On a point of order, Mr. Speaker, Sir. Have you closed Sen. Bule’s Statement? I wanted to add something.

I had closed until you rose on a point of order, which I will now allow.

Mr. Speaker, Sir, thank you. The weathermen have said that there is going to be prolonged drought in the country. Even in the traditional rain-secure areas, we also have very severe pockets of very harsh climate, dry zones and sometimes even semi-arid and arid areas. In bringing a Statement, I would want to ask the Chairperson not to limit himself to the counties enumerated by the distinguished Senator for Tana River County but to give us a whole country profile on where there is severe water stress and its impact on the population. I know places like Kieni Constituency in Nyeri County is an Arid and Semi- Arid Land (ASAL). I know ---

Order, Senator! Are you responding to your own statement? We have said that he brings all of them and then you start citing.

Mr. Speaker, Sir, all of them. Including but not limited to the ones that Sen. Bule enumerated.

Mr. Speaker, Sir, in addition to the information that Sen. Bule has raised, is it also possible for the Chairperson to add information regarding the policy and strategy for disaster management that they intend to put in place, particularly if it is true that the weather will continue to deteriorate for a while. Could he also include in that Statement action as regards human beings and possible action as regards animals, particularly, those of nomadic areas?

Mr. Speaker, Sir, one of the counties that were mentioned in the list is Makueni. May I know from the Chair whether the Cabinet Secretary can confirm that the contingency budget that was set aside this year is enough to cater for what they have described as one of the worst droughts that we will experience? This is in light of the last budget that was made for the purported flood which money we know never got to the intended recipients because of the floods. This is a matter that is of concern to the public. 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, yesterday, we came from Wajir County. My Committee was there to assess the situation. It is serious! What Sen. Bule is saying is the situation in Tana River---

Order Sen. Karaba. I thought you are the Chairman of the Committee on Education.

Mr. Speaker, Sir, exactly.

So, you went to assess which situation?

Mr. Speaker, Sir, that is where I am coming to in a few minutes. The students that we saw are living from nothing to nothing. They are suffering because some of the manyattas where they live have no food. The schools that we visited have no food and they are closing yet the exams are around the corner. We are asking that the Statement be brought quickly so that some of the schools which are about to close remain open. It is pathetic!

Order Sen. Karaba!

Asante sana Bw. Spika. Naunga mkono Statement ambayo imeulizwa na Sen. Bule. Kaunti ya Kwale imetajwa na ningependa Mwenyekiti atueleze hatua za dharura ambazo zimepangwa kuhakikisha kwamba wanadamu na Wanyama hawaathiriki. Kuna hatua za mwanzo kabla daktari achukue hatamu.Hatua za mwanzo ni zipi? Asante.

Mr. Speaker, Sir, as the Chair addresses the mitigation sought by Sen. Bule, we should also be told how much food is in our strategic grain reserve. We should also know whether some money has been set aside to purchase the livestock in those areas instead of leaving them to die. Could the Chair confirm whether it is true that stores in other areas like Kuria in Migori County are full of maize and farmers are complaining that they have nowhere to store their harvest?

Mr. Speaker, Sir, Sen. Boy Juma Boy has said what I wanted to say. However, I will add that Kitui County should be included because I was recently there and I saw it is doing badly. With regard to the first aid, we should know the special mechanisms which have been put in place to handle the vulnerable; particularly expectant women and young children who deserve immediate support during this dry season.

So ordered. 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. Members. Before, we proceed with the Statements, I wish to recognise the presence of visiting pupils and teachers from Miangeni International Academy in Makueni County. They are sitting at the Public Gallery. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit. I thank you.

Order Members. Before we proceed, I will allow Sen. Mutula Kilonzo Jnr. a chance because Makueni County has been mentioned.

Mr. Speaker, Sir, I join you in welcoming Miangeni International Academy from Makueni County. Karibuni. Thank you for visiting the Senate. We hope that your students can learn something from the Senate and we also hope that in future, this group can produce a leader to sit in this Chamber.

Thank you, Mr. Speaker, Sir. I rise to respond to the request for a Statement by Sen. (Prof.) Lesan. He wanted to know the status of farmers’ money placed by the Kenya Tea Development Agency (KTDA) in fixed accounts in troubled banks. This Statement was circulated to Members yesterday. It is fairly detailed and, therefore, you will allow me to skip the background information and go straight to the questions and the responses because Members have the copies. Mr. Speaker, Sir, the Senator wanted to know how much money is held in fixed deposit accounts in Imperial Bank Limited and Chase Bank Limited and their terms. The response is as follows:- As at 13th October, 2015, when Imperil Bank Limited was placed under receivership, KTDA had Kshs2.926 billion as deposits. As at 7th April, 2016, when Chase Bank Limited was put under receivership, KTDA had Kshs1.9228 billion. The total amount in the two banks was Kshs4,854,679, 692. The Second question was on the history of the investment in Imperial Bank Limited. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. I want to seek a clarification. There is a procedure where the first question is usually next to the question.

(Sen. (Dr.) Machage): Order! You stood on a point of order and I expect you to have a point of order. If not, press the other button. Meanwhile let us listen to Sen. (Prof.) Lesan.

Thank you, Mr. Temporary Speaker, Sir. First, I want to thank the Chairperson of the Committee on Agriculture for the answer that he has given. However, I want to express the dissatisfaction with this answer because at the end of this, the very same farmers that we are representing here are not convinced at all that they are just about to get to their lost billions. This payment for farmers which is referred to as bonus is only paid once after a very prolonged period of keeping the money elsewhere as the farmers continue to suffer. Farmers usually believe that their money is deposited somewhere, but they cannot access it. Their children are dropping out of schools because these bonuses which they were promised to be paid once a year are not forthcoming. I would want to seek further clarification whether the KTDA management, in the light of those issues, can consider using their individual factories to make payments twice or even thrice in a year because this money is available. Mr. Temporary Speaker, Sir, it has been mentioned that the money lost last year from Imperial Bank was still paid to the farmers after money was re-channelled from other projects or activities. In my view, I do know that KTDA has various activities that are bordering on illegalities. In fact, farmers are not participating in those activities. The KTDA is participating in other activities other than those spelt out in the agreement and have money stashed away elsewhere. I am afraid that these are avenues through which cartels siphon out farmers’ money. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): The tradition, and, indeed, parliamentary practice in seeking clarification is usually one question or if you must, only two questions. If you are clever enough shorten your speeches and quickly articulate your concerns for the Speaker to accept. I will not accept any other Member to take that long. He has to seek a few questions.

Mr. Temporary Speaker, Sir, I want to seek a further clarification in addition to what Sen. (Prof.) Lesan has asked. In putting this money in these banks, did KTDA seek the concurrence of the individual farmers? If they did not have the concurrence of the individual farmers, could the Chairman confirm that KTDA, in fact, then takes full responsibility for the loss and has to seek money from any other investments elsewhere, including borrowing if need be, to pay the farmers so that they can benefit from their sweat.

Mr. Temporary Speaker, Sir, we are aware that tea farmers in all tea growing areas have expressed a strong dissatisfaction regarding the low rates of bonus payments made. Some of these farmers have expressed their anger by burning the homes of the directors of their tea factories. Other groups have boycotted tea picking. As a result, some of the factories are grinding to a halt. Could the low payments be attributed to the fact that the money locked up in the collapsed banks was not available for distribution to the farmers? Secondly, the Acting Chairperson has told us that the banks involved were well rated by the regulator, which is the Central Bank of Kenya (CBK). What action has the KTDA taken against the regulator who misled them into depositing this money into those collapsed banks?

(Sen. (Dr.) Machage): Very well. Before we seek more clarifications, I have a Communication to make.

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(Sen. (Dr.) Machage): Hon. Senators, I wish to recognize the presence of visiting pupils and teachers from Port Reitz School, Changamwe Sub-county, Mombasa County seated at the Speaker’s Gallery. In our usual tradition of receiving and welcoming visitors to the Parliament, I extend a warm welcome to them. On behalf of the Senate, and my own behalf, I wish them a fruitful visit. Thank you.

Thank you, Mr. Temporary Speaker, Sir. As we welcome the students to the Senate, what has been tabled here by the acting Chairperson, Sen. M. Kajwang, should not be taken for granted. This is a serious matter that affects, particularly tea farmers in Kenya. I am one of them. Farmers do not understand the language that some money has been paid to Imperial Bank and some has been invested in various projects. The acting Chairperson needs to tell us whether the money owed to the farmers was payable at that time. We do not need to be told that there are many projects that are not benefiting farmers. The first project is for the farmers to be paid their dues. The story of banking money in some suspicious banks is criminal and illegal, because the farmers have not been consulted.

(Sen. (Dr.) Machage): What is your clarification?

Mr. Temporary Speaker, Sir, the main project should be payment of farmers. The Government should also step in and make sure that the farmers are paid their dues irrespective of---

(Sen. (Dr.) Machage): What do you want clarified? I have not understood you.

Mr. Temporary Speaker, Sir, money has been banked in Imperial Bank to be invested in other projects elsewhere, yet the farmers have not even been consulted. Since the farmers have not been consulted, we should stop investment in the banks and pay them promptly because they are suffering.

(Sen. (Dr.) Machage): Maybe you have executed it wrongly; you should have put it in question form. You should have asked: “Could the acting Chairperson make sure that those other programmes are stopped?”

Mr. Temporary Speaker, Sir, first, I would like the acting Chairperson to clarify to this House why the KTDA as an institution was holding that amount of money. If the money was for farmers, why had it not been disbursed in the first place to the institutions and factories that KTDA owed? Why was that money being 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, my intervention is on the students that are visiting today from Changamwe. I happened to meet them as they were coming into Parliament. I want to appreciate them and note that one of the girls is an amputee. They are children living with disabilities of various forms. I welcome them to Parliament, specifically on behalf of Kenya women Senators. This Constitution puts people with disabilities in this country in high regard. We have Sen. Omondi and Sen. Njoroge representing people with disabilities. Even in the Government, 30 per cent of jobs and businesses are allocated to persons with disabilities. I want to assure them that disability is not inability. They can be where we are today. They can be Sen. Omondi and Sen. Njoroge of tomorrow in the next few years. I welcome them to the Senate and hope that they will take our greetings to Changamwe and their school.

(Sen. (Dr.) Machage): We also have Sen. Leshore. I assume that other interventions are finished. The acting Chairperson, prepare for your answer.

(Sen. (Dr.) Machage): Sen. Cheruiyot, do you still have an intervention on that?

Yes. Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Hold it. Let us finish with the interventions on welcoming the visitors.

Mr. Temporary Speaker, Sir, in welcoming the students from Changamwe, I would like to urge them not to wait to be nominated. They should fight like I contested with seven men. I am here as the only elected Senator living with disability.

Mr. Temporary Speaker, Sir, I take this opportunity to welcome the visiting school. As a Senator living with a disability, I am so happy. I have been wondering when I would see students living with disabilities visiting the Senate, but the day has come. I am happy and humbled. I join my fellow Senators in welcoming them. I know the hardships they undergo as they pursue their education. We would like to give them moral support as leaders in the political wing, to ensure that they get quality education and compete for both appointive and elective positions. Thank you, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Very well. Indeed, disability is not inability. You have seen for yourself that the two Senators who are physically challenged are able Senators in this House. Let us revert to our earlier programme. 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, for giving this chance to seek a clarification regarding the Statement that we have been given. My concentration is on part (e) of the Statement where we are told to take note that the analysis on page five demonstrates how the KTDA mitigated against concentration risk. Could we be provided with a matrix or analysis of the investment institutions that were taking care of farmers’ money? It is not just enough to tell us that by spreading out money to different banks, you have mitigated against risk. We expect that the KTDA would have gone further to check the books of some of these banks to find out their market capitalization and the risks---

(Sen. (Dr.) Machage): Order! I appeal to Members to remain in the House because we have a few Motions to be voted on. We are exactly 24 Senators. We will go to that business immediately after this Statement.

Mr. Temporary Speaker, Sir, it not just enough to tell us that by spreading money across different banks you have mitigated debt risk. We want to be provided with a table of analysis that the management of the KTDA went through to find out what the liquidity and market capitalization of some of these banks was and what the audit report from reputable audit institutions spoke of the status of these institutions before they decided to first admit them into the banking pool of the KTDA and secondly, pass on judgment that it was enough to put farmers’ money into those banks.

(Sen. (Dr.) Machage): The acting Chairperson, Committee on Agriculture.

Mr. Temporary Speaker, Sir, many questions have arisen out of this. I will not attempt to address the ones which are not in the answer. However, I will go straight to those which have been addressed in this statement. First, was money lost?

(Sen. (Dr.) Machage): Order, Sen. M. Kajwang. You must be ready for supplementary questions. That is the tradition of this House. You cannot stick only to the questions that were asked earlier. Otherwise, I will be forced to defer the answer to a later time when you will be ready.

Mr. Temporary Speaker, Sir, considering that the House is going on recess, let me address the issues that have been raised. If not satisfactory, we can then seek to meet the Cabinet Secretary (CS).

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

Mr. Temporary Speaker, Sir, when Imperial Bank collapsed, Kshs2.9 billion was locked up in investments. The bank has not been revived. According to the Kenya Deposit Insurance Scheme, the KTDA was offered Kshs1million just like anybody else out of Kshs2.9 billion and this House has previously ventilated on this matter; that you cannot set a Kshs1 million compensation for all depositors irrespective of their amounts. The Kshs2.9 billion held at Imperial Bank is still there. It is not lost, but it is not available to farmers. With regard to the Kshs1.9 billion that was held at Chase Bank, the bank has since re-opened. It is hoped that the KTDA will be able to access this deposit plus the interest and the interest will go directly to farmers. Nonetheless, in 2015 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

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

Mr. Temporary Speaker, Sir, I asked for clarification regarding two things:

Mr. Temporary Speaker, Sir, I had raised the question that the CBK which is the regulator for the banking sector misled the KTDA into believing that these banks were stable financially and, therefore, it took the decision to make deposits---

(Sen. (Dr.) Machage): Order! Are you sure that information is shared by the acting Chairperson or it is your own belief? Where did you get it from?

Mr. Temporary Speaker, Sir, he said in his response that the CBK had given information to the effect that the banks were healthy and in so doing---

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

Mr. Temporary Speaker, Sir, what action has the KTDA taken against the CBK for misleading them?

(Sen. (Dr.) Machage): Usually the questioner has a second chance. Sen. (Prof.) Lesan, do you not have any question?

Mr. Temporary Speaker, Sir, I thought my colleagues Senators had raised a lot of the questions that needed further clarification for us in the Senate and for the farmers who are following this.

(Sen. (Dr.) Machage): We, therefore, have three issues that need to be cleared. Can you respond?

Mr. Temporary Speaker, Sir, no one has been fired for making those investments. The person to take responsibility in a corporate governance structure would be the Board of Directors since it approves the panel of banks on the basis of information in public domain and that provided by the CBK. The CBK continued to license Chase Bank and Imperial Bank and to rate them favourably amongst the 43 banks in Kenya. Therefore, the Board took a decision on the basis of information that was publicly available. If the Kshs2.9 billion held at Imperial bank was to be lost and any heads were to roll, they must start from the Board rather than from management that simply executes instructions and policies of the Board. On the question of centralization and why the KTDA holds the funds; yes, there is a concentration risk there, but you also look at it from the perspective of economies of scale. That if the money is sent to the individual factories, there will be great fragmentation that might not provide the much needed economies of scale. However, I believe that it is a legitimate question that needs further interrogation and, probably, the Committee on Agriculture could get back on that matter. The tea sector task force report has also been released. I believe that some of the centralization and structural issues could be addressed if we looked at the tea sector task force report and implemented it properly. Sen. Obure has come to the conclusion that the CBK misled the KTDA and many Kenyans. Many of us woke up in the morning unable to access the money that we had in our accounts. Sometimes we wish we could do something to the Governor of the CBK. Unfortunately, we are a country that is guided by laws and so even if I wanted to go and whistle outside his residence, I cannot achieve much. Mr. Temporary Speaker, Sir, through the relevant committees, we will also be making recommendations to strengthen the CBK, make it more proactive and risk-based in its assessment of banks rather than being compliance-based. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Very well. We have a lot of business in terms of division. I request that the bell is rung for one minute. What is it, Sen. Wetangula?

On a point of order, Mr. Temporary Speaker, Sir. We are still waiting for the statement about the people at the gate---

(Sen. (Dr.) Machage): We have it. We will come back to it. Can I have the bell rung for one minute? The Whip said the Members are just in the lobby. So, one minute is enough.

(Sen. (Dr.) Machage): That is the end of one minute. We will continue with statements. The Whips of the House cannot make me the Whip. I cannot act as the Speaker and as the Whip at the same time. So, do your work. What is it, Sen. Murkomen?

On a point of order, Mr. Temporary Speaker, Sir. We are all working for the best interest of this House. We have Bills that have been here for about five months just because of lack of division. Ringing of a bell for another three minutes to allow the other Members to come will not be too much to ask.

(Sen. (Dr.) Machage): Order! Let me give you the direction. In my own view, I can see there is a discrepancy with the numbers. This is my direction and I am trying to also participate in helping you to get to the point you want. Meanwhile as you take another few minutes to whip, let us use the time of the House properly because; one, I have a statement to be read by the Senate Minority Leader on the week’s programme. I hope he is ready for that. Secondly, there is an important statement to be given to us by the Vice- Chairperson of the Committee on National Security and Foreign Relations. So, I will go to the second. Vice-Chairperson, can you give us the statement if you are ready? What is it, Sen. Murkomen?

On a point of order, Mr. Temporary Speaker, Sir. You know the struggles of keeping people in this place. What guarantee do we have that as we wait for Senators (Prof.) Lonyangapuo and Orengo to come in that these others are not going to walk out? If from your Chair, you can persuade Members to wait, then it will be good.

(Sen. (Dr.) Machage): Order, Sen. Murkomen! I have appealed to the Members that we have important business that they do not leave the Chamber. That is the guarantee I can give you; patriotism and respect to the profession of the Senate. So, Vice-Chairperson, present your statement. I will stop it for questions, if we have the numbers. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Temporary Speaker, Sir. I have this statement. However, according to me, it might not answer all the questions that were asked, but because of the urgency of this matter, I will go through it.

(Sen. (Dr.) Machage): Order! Can we give the opportunity for the answer to be read, please? Continue.

Mr. Temporary Speaker, Sir, the Government is aware that a group of returnees is currently camping along Parliament Road. The Government is further aware that a team visited Kiriandogo in Uganda in order to facilitate the repatriation of Kenyan refugees. Subsequently, on 21st November, 2014, the Government set up a task force with the mandate to profile and work out modalities of repatriation of the refugees to Kenya. In collaboration with the Ugandan Government, the United Nations High Commission on Refugees (UNHCR) and refugee leadership, the taskforce conducted the profiling exercise of the refugees between 14th and 16th December, 2014. Mr. Temporary Speaker, Sir, from the profiling exercise, 246 households with 979 family members were identified for repatriation; 42 families with 72 family members indicated their unwillingness to return; 21 households were rejected on account of lacking the necessary proof of their status; 43 households were not available for profiling while 47 households were asylum seekers. From the report, it is only 246 that were cleared to be repatriated and all of them have since been paid between Kshs100,000 for families of between one to three members and Kshs150,000 for families with four or more members. Mr. Temporary Speaker, Sir, from the original list documented by the taskforce, the returnees had indicated their home areas where they preferred to be returned. It revealed that they came from across the country, but majority were from Western Kenya and Rift Valley. The areas included:- (i) Mombasa, Voi, Lamu, Malindi and Kilifi; (ii) Eldoret, Nakuru, Londiani, Molo, Naivasha, Marakwet, Maralal, Gilgil, Kilgoris and Isiolo; (iii) Mount Elgon, Kitale, Busia, Tans Nzoia, Bungoma, Cherangani, Malaba and Turbo; (iv) Murang’a, Limuru, Kiambu, Meru, Nyandarua,Nyahururu, Kinangop, Thika, Nyeri and Nanyuki; (v) Athi River, Kitui and Mwingi; (vi) Kisumu; and, (vii) Nairobi. Mr. Temporary Speaker, Sir, as stated in the task force report, only 246 households were cleared for repatriation. However, during the repatriation process, most 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 belong to this Committee and I do sympathize with my Vice-Chairperson. This is the most incompetent answer that we have ever received on the Floor of this House. What we are being told is that the Government is unable to keep records, identify its own people and manage them. The statement discloses that the Government went to Uganda to ask them to come, but it is not prepared to settle them. Could the Vice-Chairperson tell us how many of these people at the gate are from each of the areas of the country enumerated on page three. It is unlikely that some people from Western or Eldoret would come all the way to Nairobi to camp at the gate of Parliament. Sen. Wako can bear me witness on this. All those confusing statements notwithstanding, what is the Government doing to get these people out of the gate of Parliament and settle them somewhere even as we struggle to identify who they are, where they came from, how they will be settled and whether they are passing off for further payment when they had already been paid. That is not out of the Government’s reach. Instead, we are being told that people came at the gate of Parliament and they insist on staying there until their issues are addressed. What kind of Government will this be? Could the Vice-Chairperson tell us when these Kenyans will be taken to a decent place other than the shame of sleeping on the road at the gate of Parliament, not to mention the plight of children and women? There was even a case where a woman delivered a baby at the gate of Parliament.

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

(Sen. (Dr.) Machage): What is your point of order, Sen. Mutula Kilonzo Jnr.? Press the other button if you want to seek a clarification. Meanwhile, we will listen to Sen. (Prof.) Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, I want to ride on to what the Senate Minority Leader has said. There must be a security system in this country The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Your point has been made. I can see very many requests. We will go to the next Order then we will revert back later. We have many divisions; I want to request that the bell be rung. Do you want to read all the Motions? Could the Division Bell be rung for two minutes?

Whips, please, ascertain the numbers in the House. Hon. Senators, please, take your seats. Sen. Kagwe, have a seat. Can I have the Door closed and the Bars drawn?

I request that the House agree with me that we will not open the Door or withdraw the Bars until we have finished the business.

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Hon. Senators, the results of the Division are as follows:-

(Sen. (Dr.) Machage): Could the Doors be opened and the Bars drawn?

Next Order.

(Sen. (Dr.) Machage): For technical reasons, I defer Order Nos. 13, 14, 15, 16, 17, 18 and 19. THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILL NO.4 OF 2016) THE REPRODUCTIVE HEALTH CARE BILL (SENATE BILLS NO.17 OF 2014) THE PHYSICAL PLANNING BILL (NATIONAL ASSEMBLY BILL NO.46 OF 2015) THE COUNTY GOVERNMENTS (AMENDMENT) (NO. 2) BILL (SENATE BILL NO.7 OF 2016) THE TREATY MAKING AND RATIFICATION (AMENDMENT) BILL (SENATE BILL NO.5 OF 2016) THE CONSTITUTION OF KENYA (AMENDMENT) BILL (NATIONAL ASSEMBLY BILL NO.26 OF 2013) THE CONSTITUTION OF KENYA (AMENDMENT) (NO.2) BILL (NATIONAL ASSEMBLY BILL NO.2 OF 2015)

I had promised that we will go back to statements. We were on statements and you were seeking further clarification.

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Mr. Temporary Speaker, Sir, I am seeking a clarification, but allow me to cite an example. There is a very famous land case which the Supreme Court of India decided that the right to life incudes the right to live with dignity. The people who are out there are not living with dignity. Even before the underlying issue is addressed, I thought that there would be a statement to confirm what they will do in mitigation. It is atrocious for people to camp outside Parliament and sleep on cartoons. It is even worse that a lady delivered there. That is a violation of human rights by a House that is supposed to defend them. Could the Vice Chairperson clarify whether, through the national Government or any other authority, including Parliament, any action has been taken, why that has continued to persist for a week and a half and why we have allowed this Building which is a historic site to be turned into a House of shame?

Mr. Temporary Speaker, Sir, I am extremely disappointed. The answer at least shows that they know those who qualify and those who do not. Everything is documented yet with that information, no action has been taken, as far as I can see, to identify those people. They should have been identified on the very first day they claimed they are refugees or whatever from Uganda. With that information, they should have been identified. If it was not genuine, they should have been taken away. Simple things like these should not await the International Community or the Kenya Red Cross Society (KRCS) to help them identify since the figures are already there. As people have said, this is a security matter. In this country, we normally leave things until they become a crisis. A kiosk is built in a place where it is not supposed to be built and no action is taken. Another one comes up and before you know, a slum would have developed and then it requires the national army to remove them. Time is now and they have to take action on that. Our lives are at stake. I get very worried when I pass through there and people stare at me. Sen. Kagwe said that he spoke well on my behalf when he expressed his concerns on this particular matter. Having come from China, I am sure that the Senator for Meru will agree with me that in China, they would not have allowed these types of things to happen around Parliament. Why have they not taken action up to now yet they already have information? Is it deliberate or carelessness? What is it?

Mr. Temporary Speaker, Sir, the response from the Vice Chairperson – which we appreciate she has gone through a lot to bring to this House - raises serious questions. If you listened carefully to that response regarding those Kenyans who have camped outside, the categorisation from the Ministry’s perspective is that some of them are not Post-Election Violence (PEV) victims, some of them just want to benefit from proceeds and some of them are split families where the principals had been paid and the children are coming to claim. There is no categorisation that says that some of them could be genuine Kenyans who are seeking to be given a home at home or 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, the response was inadequate. If you ask me, I do not think the Cabinet Secretary (CS) concerned is taking this matter very seriously. We are talking about Kenyans. We have not been told that they have discovered that they are not Kenyans but have admitted that, indeed, they are Kenyans. We know that their rights are protected in the Constitution. As they wait for their fate, I know the records are very clear. This is because before anything happens and they cross the border, you have to give details and the statistics are taken. If, indeed, the Government has discovered that some are not genuine refugees, then they should know how to deal with them. This is not a place to allow them to be. It is very embarrassing. Even the street families of Nairobi County were removed from the streets by the Nairobi County Government in collaboration with the national Government. So, why are some people being allowed to stay there? It is even more embarrassing because most of them are women with children. We are put in a very tight situation. So, now I do not know whether I am supposed to be taking food – milk, bread and fruits – to the children and yet I am a Member of Parliament (MP) here, who should be sorting out problems. This should be taken seriously and we want an assurance that by the end of today, they will be moved out of there and taken to a better place. There are so many shelters where they can be taken to.

Mr. Temporary Speaker, Sir, I agree with Members that this is a very serious matter and extremely urgent. When I read the response, I said that this was not answered satisfactorily. There should be an indication of what urgent action needs to be taken and how this matter should be resolved. Secondly, the issues of categorization and underlying factors that brought them here should have been handled as quickly as possible because part of it concerns the lives of these Kenyans who are out here. In the response, they have not indicated to me when they can be settled. I believe that it is also a security threat to this Parliament and the country at large. This requires an urgent intervention by the Government. I have been to the office of the relevant Ministry and they have been promising that they will do something about it. Yesterday, we agreed that by the end of yesterday, those people should be out of there. I believe that this is something that they need to do. I will still follow up as the Vice Chairperson of this Committee and ensure that the Government does what it is required to do. That is my position. 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, we really appreciate the efforts of Sen. Adan. We also sympathise with the predicament in which the Executive keep putting her by sending her incompetent answers to give to this House. However, in this particular matter, I implore the Chair to use your authority and direct that the Cabinet Secretary (CS) for the Ministry of Interior and Coordination of National Government removes these Kenyans from the gate of Parliament and takes them to a safe holding ground while they sort out the identities and what other action they wish to take about them. As the distinguished Senator for Homa Bay County has said, the Ministry itself is saying that some are impostors, cons and some are genuine and others not genuine – all manner of jumbled up descriptions which makes the distinguished Senator’s job very difficult to even defend a Statement of that nature. From where you sit, the Speaker of this House can direct and order the Cabinet Secretary (CS) to take urgent necessary actions to put these people somewhere. It is a scandal, like I said, that Kenyans can come and camp at the gate and one of them, a woman, gives birth on the road and nobody is moved. Instead, we are told that they are split families and some are claiming money while they had been paid. They start off by saying that they went to Uganda and called them to come back. So, if we called them to come back, why do we put them in that kind of plight?

(Sen. (Dr.) Machage): Very well. Sen. Mutula Kilonzo Jnr., is yours a point of order or you want a third round of further clarifications?

.: Mr. Temporary Speaker, Sir, I am seeking a clarification. We cannot just leave the matter hanging as it is. This is because the Statement is ambiguous. I would have thought that the question of the plight of the returnees---

(Sen. (Dr.) Machage): You can come to the dispatch box.

There are two issues. The question of sorting, I would think that even the sorting of whether some are split families, if somebody had sat even with a desk out there, it would have been sorted. It is a question of the humanitarian issue – the fact that somebody is sleeping in the cold covering themselves with cartons, they have young children and have no toilets. That is not something that can wait for us to come back after the recess. If these people were taken to the Kenyatta International Convention Centre (KICC) grounds, they would be better off because there are tents there.

(Sen. (Dr.) Machage): Well, I have not opened contributions or a discussion. I can understand your concern and frustration but I would not want to push into that line of argument.

Mr. Temporary Speaker, Sir, I am extremely frustrated and I am glad that my brother, Sen. Hassan who is the champion of human rights has walked in because we need a date and a time when these Kenyans – even if they are not Kenyans – nobody deserves that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, indeed, it is a very sad story to be seeing families – human beings – facing a lot of frustration every morning. The Government is failing and these are matters touching on lives of human beings. This is a crisis and immediate measures must be taken. We cannot accept this to continue. Why call people when they are staying somewhere if you are not prepared to receive them. I do not know what is behind this. Somebody should be held responsible for this mess.

(Sen. (Dr.) Machage): Very well. I see no request. So, I will conclude this matter. The Senate has been speaking and expressing the views of this House, not only to the Cabinet Secretary (CS) concerned with immigration and refugees but also to the country and indeed, the Head of State by extension. As a Speaker, I find it totally unacceptable for the country for one, to go and dislodge ‘refugees’ in a foreign country with the promise of bringing them home and then leave them to suffer.

Shame!

(Sen. (Dr.) Machage): I find it unacceptable. It is abhorring, unacceptable, callous and inhuman. This is the pronouncement of the Chair on this issue: The “Kenyans” who are currently camping at the gates of Parliament are human beings. Secondly, they qualify for all Articles as stated in our Constitution, Chapter Four on the Bill of Rights.

Thirdly, the state has a responsibility for their health, housing, security and for their food as per the Constitution. Therefore, as the Temporary Speaker, although these are different levels of government, we all belong to the same country. I direct that the Cabinet Secretary concerned immediately takes action to alleviate the suffering of the Kenyans or foreigners who are camping at the gates of Parliament. If the Cabinet Secretary is unable to do that, my appeal goes to the President. Thank you.

I now call upon the Senate Minority Leader to read the next Senate Business. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 1ST NOVEMBER, 2016

Thank you, Mr. Temporary Speaker, Sir. Pursuant to the provisions of Standing Order No. 45, this is to present the Senate Business for the coming week.

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Hon. Senators, we now proceed to Order No. 20. I am told this Motion will be moved by the Senate Minority Leader. This is a Motion pursuant to Standing Order 28(3) and it reads:- “On the day when the Senate is scheduled to adjourn to a day other than the next normal sitting day in accordance with the Calendar, the Senate Majority Leader or the Senate Minority Leader or another Member of the Rules and Business Committee shall move a Motion of Adjournment which shall be debated for not more than two hours after which the Senate shall adjourn without question put”. So, Sen. Murkomen and any other Member come after the Senate Majority Leader or the Senate Minority Leader. Proceed. ADJOURNMENT OF THE SENATE PURSUANT TO THE APPROVED CALENDAR FOR THE 2016 SESSION

Mr. Temporary Speaker, I beg to move:- THAT, pursuant to Standing Order 28 (3), the Senate do adjourn until Tuesday, 1st November, 2016. Mr. Temporary Speaker, this is a procedural Motion. We have come at the end of this busy Session and the Senate Business Committee, in its sitting early this week, agreed that the Senate will adjourn for two weeks to give Senators who have been busy with the House Business and Senators whose previous recess was interrupted several 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 second and support the Motion moved by the Senate Minority Leader, a renowned debater. He is also in the schedule of leaders in this country. Mr. Temporary Speaker, Sir, last time we went for a longer recess, but it was interrupted by a special sitting. I hope this time around we will not be recalled for special sessions. Let it be uninterrupted so that we concentrate on other issues. My Committee on Education will be holding a meeting on Monday. We have summoned the Cabinet Minister for Education to shed more light on the development of education sector and the reforms he intends to introduce. Therefore, quite a number of committees have already scheduled meetings and programmes. It will also be a very important break because we will attend the committees uninterrupted without necessarily thinking of House business later. So, it important that is noted. It is also important to note that many of the chairpersons of committees had challenges which they would wish to address during this recess. You know some of those challenges because you experienced the same when you were a Member of this House. We have been pleading with the Cabinet Secretaries to prepare statements for us to come and respond to hon. Senators’ questions. It has never been easy. Therefore, I am appealing to you as the Chair to make sure that at least you implore on these Cabinet Secretaries to be more cooperative and deliver statements on time. I urge that you have a meeting with them and tell them the importance of these statements. Otherwise, stiffer penalties could be preferred against them. I support and second.

Bw. Spika wa Muda, ninakushukuru sana kwa kunipa fursa hii. Mimi nataka kuunga mkono Hoja hii ili sisi tuweze kwenda likizo fupi hadi tarehe 1 Novemba, 2016. Ninaunga mkono sababu zilizotolewa na Sen. Karaba na Sen. Wetangula ambaye ni kiongozi wa wachache hapa Bungeni na Seneta wa Bungoma Kaunti. Mimi ni mwanachama was Kamati ya Uajibikaji ambayo kwa lugha ya Kiingereza ni County Public Accounts and Investment Committee (CPAIC). Tumekuwa tukikutana kila siku bila kikomo. Kwa hivyo, itakuwa heri wakati huu wa likizo tuangazie na kuzingatia riport za zamu ya kwanza za Mkaguzi Mkuu wa Hesabu za 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 wa Muda, wimbi mkali hufuatwa na shwari kwa sababu wimbi huwa na nguvu zaidi. Tumekuwa mbioni kama Seneti. Sasa ni fursa yetu kurudi nyumbani. Mimi ninafuraha kwa sababu nitakuwa nyumbani. Nimefurahi zaidi kwa sababu ndugu yangu Sen. Hassan amesema kwamba atarudi nyumbani ili awaeleze watu ukweli. Kule kwetu kuna ugonjwa ambao unaitwa ‘ongea, danganya mpwani’. Ugonjwa huo unashika macho na mtu wa Pwani huwa haoni vizuri anaposhikwa na ugonjwa huu. Niwajibu wetu kama viongozi kurudi nyumbani ili tuwaelimishe watu. Ugonjwa huo unaposhika macho, hata Serikali itengeneze barabara, mtu wa Pwani hataiona ile barabara. Serikali imeleta maendeleo mengi Pwani, watu wa Pwani hawayaoni maendeleo hayo. Nimefurahi kwa kumsikia Sen. Hassan akisema kwamba kuna umasikini pia bara. Ugonjwa huu unapomshika mtu wa Pwani haoni hata vyeti vya mashamba. Maendeleo kama hayo hayako katika kaunti zote. Ugonjwa huu ulitokea kule Magharibi mwa nchi, lakini wenyewe wameanza kupona. Naomba turudi nyumbani ili tueleze watu wetu kuwa wenzetu wameanza kupona kutokana na ugonjwa huu. Mbona tunajitwika vitu ambavyo havituhusu? Maji matulivu huwa yana kina kirefu. Kwa hivyo ni lazima maji hayo matulivu yajulikane kuwa yana kina kirefu. Lazima tuwaelimishe watu wetu ili wachaguwe mrengo wa maendeleo. Nawapa kongole Rais wetu na Naibu wake kwa kutupa maendeleo. Nimetembea Bonde la Ufa na najivunia maendeleo mengi ambayo yamefanywa Pwani. Unaweza kudhani kamba Naibu wa Rais ametoka Pwani. Nilimtembelea dada yangu, Sen. Chelule, na nikahuzunishwa na hali ya barabara. Nikirudi nyumbani nitawaelimisha na kuwaeleza watu wangu kwamba sisi kama watu 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. Kajwang.

Mr. Temporary Speaker, Sir, I wish to support this Motion---

I thought the mood in the House was to proceed in the national language.

Mr. Temporary Speaker, Sir, I want to qualify why I am doing it in English. I would have wished to do it in Swahili but it is difficult to keep up with Sen. Hassan and Sen.Kisasa when they do it. I will go with the “Luopean” language which is English. The Motion to adjourn until 1st, November is fairly procedural and does not give us a lot of time, but just about two weeks. For purposes of Kenyans who are watching this debate, it is important to point out that this break is not like a school break where you close school, go home and just relax. It is not a break for us to go on holiday or to attend to personal business but an opportunity for us to retreat into committees and to go back to our electorate and have much more quality time with them. However, on the issue of going back to the ground, we must point out that Senators in this House spend every other weekend in their counties. It does not mean that the only opportunity we have to go back and talk to the electorate is when on recess. Personally, I spend almost every other weekend in my home county or in neighboring counties. It should not be taken that these two weeks recess is the only opportunity in the year that Senators have to go back to the counties. As we retreat into committees during these two weeks, I wish to also pay homage and convey my condolences to Joy Aluoch who has been a sterling, firm and bright supporter of committees in her role as clerk. These committees are not run by Senators because usually we find that everything has been done and the necessary facilitation is in place. It is the employees of the Parliamentary Service Commission (PSC) that make it possible. Joy Aluoch died in an unfortunate accident when she was in the midst of preparing a committee trip of this House. I do hope that her contribution to the ideals she stood for and the collective ideas that she generated and gathered as a clerk and employee of the PSC shall not be in vain. We will find a way of remembering her contribution, her legacy and the entire good things that she did. This was one person who was generous, jovial and not blinded by ethnic or political affiliation. I will be joining other Senators and members of the public in Kisumu for the final send off. Mr. Temporary Speaker, Sir, we must remember that we are going on recess but staff who support us are not going on recess. When committees sit, we tend to come up with programs to visit counties and foreign countries. There is an issue on foreign visits The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Very well. Sen. Kittony!

Thank you, Mr. Temporary Speaker, Sir. Allow me to add my voice in supporting the Adjournment Motion. I would also like to add my voice in saying this House is a House of honour and decorum. I support the implementation of the monitoring and evaluation fund because this is where everything is. We have witnessed devolution in place, we have witnessed what is happening in the country and it is time that this adjournment allows us to go and interact with the electorate. The electorate expects a lot from us. We do realize that in this House, we do not have the proper tools for reaching out and supporting our electorate. Therefore, it is time that this House is made strong in giving us the proper tools so that we can do the right work that we are meant to do. Mr. Temporary Speaker, Sir, the work that the House has done is enormous. I know our Committee on Health has not completed its work and people do not see it. Next week, we will not enjoy the recess as such because it has been short. When we want to reach to the counties, we are called back. So, it is time that we take our work seriously and take a longer period for recess so that we are able to meet and interact in the counties so that people can realize what the Senate does. Mr. Temporary Speaker, Sir, I would like to say that we have carried ourselves well. I would like to borrow what Sen. M. Kajwang said that it will not auger well when all of us would like to go and stand for governorship. This is an important House that makes devolution work. When we run for governorship because there are many goodies, what are we showing people? The Senate has done its work and I would like to commend the Senators for the work they have done and they should continue doing so. With those few remarks, I support the Adjournment Motion and wish everyone a good short holiday but I wish it could be longer in the future. Thank you.

Sen. Kittony, it is recess and not a holiday. The two might not mean the same thing. So, you wish every Senator a wonderful recess.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I want to support the Adjournment Motion because it is going to create time for us to do our oversight role even though we have challenges in terms of finances that can help us reach out to the people we represent. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, in accordance with our Standing Orders, this Motion does not require us to put the question. 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