Mr. Speaker, Sir, pursuant to Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Health on the alleged misappropriation and loss of public funds at the Ministry of Health. In the Statement, the Chairperson should:- (a) Table the interim internal audit report on procurement and financial operations of the Ministry of Health for the Financial Year 2015/2016. (b) Table a list of all tender advertisements of the Financial Year 2015/2016 in the Ministry of Health under audit, the corresponding firms that bid and those that were finally awarded the tenders. (c) Table a schedule of payments to companies that were awarded the said tenders. (d) Table the particulars of the companies that were awarded the said tenders, including details of directors, financial statements and tax returns and the invoices attached to the payments including ETR receipts, tax compliance and pin numbers. (e) State why the funds which were allocated to be transferred as Government of Kenya (GoK) grants to various institutions and counties for free maternity were diverted in contravention of the law on misapplication of funds. (f) Give the reasons as to why under the directive of the head of the accounting unit, the internal audit department was denied full access to the financial documents. (g) Assure the state of the safety and security of the head of Internal Audit at the Ministry of Health, Mr. Bernard Muchere, who has received threats to his life. 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, in view of the details required by the Questioner, I beg the House to give me two weeks.

What is it, Sen. Mutula Kilonzo Jnr.?

On a point of order, Mr. Speaker, Sir. I am extremely concerned. During our vacation, the Cabinet Secretary in charge of the Ministry of Health and his Principal Secretary were supposed to appear before the Standing Committee on Health. They did not summon him. Now, they have requested for 14 days which is too long. Could you redirect that they comply with the previous direction that they were using? Alternatively, in view of the last question, where the life of the internal auditor is at risk, in fact, before we close this week, there should be an answer on the last question as to whether the gentleman has been given state security.

On a point of order, Mr. Speaker, Sir. We seek your intervention that the period asked of two weeks is too long. This is a very serious matter that is of public concern. A lot of money has gone underground. In fact, it is more than Kshs 5 billion. The shortest time possible should be taken so that Kenyans know where their money has gone.

On a point of order, Mr. Speaker, Sir. The Chairperson was too fast to rise. I thought he would ride on the questions the way I want to with a further clarification, if it is allowed.

Order! You cannot penalize the Chairman for enthusiastically undertaking his duties. I have the request here. You had not requested, he was the only one. Proceed, Professor.

Mr. Speaker, Sir, as Sen. Ong’era and Sen. Mutula Kilonzo Jnr. mentioned, this matter has been in public domain for several consecutive days. The Chairman should also clarify what the Cabinet Secretary (CS) meant when he said that they had asked for an external auditor to do a fresh audit yet we have the Auditor-General. Secondly, what is the role of an internal auditor versus an external auditor, all of them within the national arena?

Finally, Sen. Wetangula.

Mr. Speaker, Sir, I have heard the Chairman say that he requires two weeks. Given that the CS has been reading rehearsed statements on national media houses, including one where he declared the Ministry innocent, the Committee, under Sen. (Dr.) Machage, invited the same CS and his officers and they snubbed him. I urge the Chair to direct that this answer be given this week, not on Thursday, given the importance and immense public interest in this matter.

Mr. Speaker, Sir, I appreciate the concerns of the Members of this House. I could not agree more to their feelings over this issue. However, in writing, the Cabinet Secretary requested that he avails himself to the Committee on Tuesday, next week, with details, amongst other things, what has been asked in this House today. Therefore, since we want details of the whole subject that is not so sweet to the ears of the Kenyan citizenry; you give me two weeks to do some thorough job on this.

Order, Members! The Chair equally appreciates the concerns of Members and the desire to deal with this matter. Since the Chairman has 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 have just given the Statement to Sen. Wetangula. I do not know whether he is ready so that we proceed. I do not know whether he has gone through it.

Mr. Speaker, Sir, he can proceed.

Mr. Speaker, Sir, regarding the first question on why the Government of Kenya did not send its military to protect and evacuate Kenyans in Juba, the Government of Kenya took the decision of a diplomatic approach to avoid escalating the already volatile situation with actions that could be construed as proactive. Indeed, the Chiefs of Defence Forces of Kenya, Ethiopia, Rwanda and Uganda met in Addis Ababa and Juba in July to review the security situation. They proposed the establishment of a stabilization force with international backing as way to stabilize the security situation in the country. The proposal was taken up by the United Nations (UN) Security Council through Resolution 2304 (2016) extending the United Nations Mission in Sudan (UNMIS) Mandate, including the deployment of the Regional Protection Force of 4,000. The regional Chiefs of Defence Forces have been meeting to work out modalities for the deployment of the Protection Force. We hope the UN Security Council will go a step further to provide sustainable funding as well as the necessary force multipliers and enablers to guarantee their success in their mandate. Concerning the second question about what concrete steps are being taken either to send escorted buses or trucks to bring Kenyans in Juba, there are no plans to send escorted buses or trucks to South Sudan as the main route to Juba from Nimule is open and operational. Indeed, Juba Airport is open and KQ, Fly 540 and other airlines are operating. Regarding why the Government did not consider using the quickest means or methods of transport possible to evacuate Kenyans in South Sudan, the Government used the quickest means possible to evacuate vulnerable Kenyans in South Sudan at the height 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 Chairperson, please, conclude.

Mr. Speaker, Sir, it is a long one. I do not know whether--- 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

Summarise!

Mr. Speaker, Sir, I cannot summarise because all these questions were asked. We are only left with about five questions that need to be answered.

Some of them have similar answers. You can always combine.

Mr. Speaker, Sir, unless I go to the last one because I believe Sen. Wetangula has a copy of the Statement.

Go to the last one.

Mr. Speaker, Sir, the final question was about whether Kenya will petition the African Peace and Security Council of the AU and UN to call for reconstitution of an international mechanism to bring order in South Sudan. The answer is that Kenya is a member of the AU Peace and Security Council and continues to play a proactive diplomatic role in exhorting the leadership and parties in South Sudan to honour the peace agreement and guarantee peace and stability. Furthermore, IGAD, AU and UN are seized of the situation in South Sudan as demonstrated by the adoption of the UN Resolution 2304 of August, 2016. Mr. Speaker, Sir, I thank you.

Mr. Speaker, Sir, after listening to that winding rigmarole from the Vice Chairperson of the Committee, the aggregate is that the Government of Kenya is doing nothing about what is going on in South Sudan. We asked very simple questions. When the situation was volatile, Uganda sent troops to protect its nationals and evacuate them, but Kenya did nothing. Instead, we are being told that commercial flights have resumed and Kenyans who are stranded in South Sudan should take flights back home. How many of those people; mechanics, tyre repairers and low level workers in South Sudan can afford air tickets to come back to the country? Is the Vice Chairperson aware of the UN doctrine of the right to protection and that any country whose nationals are in danger – we have seen America doing this everywhere – can move in and protect and evacuate its citizens? We know that the situation has slightly improved, but what is Kenya doing to make sure that Riek Machar’s and President Salva Kiir Mayardit’s factions come back to the table to talk and bring lasting peace to South Sudan given that Kenya, the United States of America (USA) and the UN are the guarantors recognised by the UN Peace Mission in South Sudan? Mr. Speaker, Sir, the Vice Chairperson has also omitted to answer a question which one of my colleague rode on. She did not say whether Hon. Dalmas Otieno who was with a lot of funfair announced as a special envoy to South Sudan is still such an envoy or not. If you look at the answer given, the distinguished Senator and the Vice Chairperson of the Committee read some very incoherent statements and failed to completely mention the status of Hon. Dalmas Otieno as a special envoy appointed by the President to South Sudan. Is he still in office? Finally, how many Kenyans in South Sudan are still in dire need of assistance to come back to Kenya? It is not enough to tell us that Kenyans are going back to South Sudan. There are people who own banks there and they will still go back to check their money. However, how many stranded Kenyans are still there? What is the Government doing to bring them back home? 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 thank the Senate Minority Leader for raising this issue in the Senate and seeking a Statement from the Government on the issue of South Sudan. The three East African countries; Tanzania, Uganda and South Sudan are extremely important to the security and the economy of this country. The cultural linkages we have are also important. Sometime ago, a group in the National Assembly made a statement which was partisan to one faction in South Sudan. As the Senate Minority Leader mentioned, there is the Riek Machar faction and the Salva Kiir faction. Mr. Speaker, Sir, this country has been known to be a home to the refugees from Sudan, Ethiopia and other places. This is not the time for any person in leadership, especially the legislature, to issue statements collectively condemning or denigrating a particular faction in South Sudan. You may not only put in danger Kenyans living in South Sudan, particularly where one faction is dominant, but you make it difficult to initiate the process of peace making by this nation. May I ask the ruling party - because most of the Members who spoke were Members of the ruling party - to reign in these renegades and ensure that they respect the dignity of this nation and the process of peace making in South Sudan. It is important because we must not assume that although President Salva Kiir is the juridical legal President of South Sudan, he actually presides over South Sudan as a nation. The factions in that nation are tearing the nation apart. I hope that as we seek this Statement, the Government takes urgent action to initiate the process of peace making in South Sudan.

Mr. Speaker, Sir, Kenya has being doing a lot in diplomatic circles using her finances to try and make peace in South Sudan. The Senate Minority Leader said that when Ugandans who are in South Sudan were threatened, President Museveni had to send the Uganda Defence Forces to go and protect the Ugandans and their properties in South Sudan. Many Kenyans have invested a lot in that country. I wonder whether the Kenyan Government has put in place a defence force so that when Kenyans or their property are threatened in Sudan, they are flown there to go and secure the properties.

Mr. Speaker, Sir, Kenya has a mandate to protect the rights of her citizens wherever they are. That is paramount. I have a seven paged document to answer all the questions that were raised by the Members in this House. I believe measures have been put in place to make sure that the warring factions make peace. The only oversight is the issue of Hon. Dalmas Otieno which was not captured in the Statement. I will try and follow up on it so that I provide an answer to the House and to the Senate Minority Leader who requested for it. Mr. Speaker, Sir, the Government is committed to making sure that peace prevails in South Sudan. We have given a lengthy statement to answer all the issues that were raised. However, I will pick up what has been left out so that we answer the question comprehensively.

I think Statement (a) must now be ready. Where is Sen. Ndiema, the Vice Chairperson? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, in the next ten minutes, I will deliver the Statement. A copy is being made for Sen. Karaba.

Let us move on to Statement (g), Standing Committee on Labour and Social Welfare. WELFARE OF STREET FAMILIES AND URCHINS IN KENYA

Mr. Speaker, Sir, this is a response to the question raised by Sen. Leshore on 13th June, 2016. There were three questions that were requested by the Senator. The first one was whether there is a policy on street families and the second was whether the policy focuses on persons with disabilities and urchins in the streets. Thirdly, whether the Ministry offers any support to street families. On whether there is a policy on street families, the Street Families Rehabilitation Trust Fund was established in 2003 through a Gazette Notice No.1558 by the then Local Government Minister, the late Hon. Karisa Maitha, to safeguard and promote the rights of the street families through tailored programmes and to address the concerns of the homeless. There has been no specific policy on street families, but there exists some general child protection guidelines. However, the Street Families Rehabilitation Trust Fund has embarked on the development of a national policy on the rehabilitation of street families. A consultant has been engaged for this purpose and has already come up with the final draft which awaits input from key stakeholders and will soon be validated and rolled out for sensitization and implementation. Mr. Speaker, Sir, on whether the policy focuses on persons with disabilities and urchins in the streets; the response is as follows: There exist specific policy guidelines and even an Act of Parliament dated 31st December, 2003, on Persons with Disabilities which coordinates social protection. The Act creates a national council for persons with disabilities, a parastatal that deals with the protection and promotion of interests of persons with disabilities. However, the national policy on rehabilitation of street families will address the entire population on the streets, including persons with disabilities and the homeless urchins. Mr. Speaker, Sir, on whether the Ministry offers any support to street families, the Ministry of Devolution and Planning through the Street Families Rehabilitation Trust Fund (SFRTF) supports children and youth through partner institutions. These are charitable organizations and community based organizations which are vetted and approved for funding under the rescue, rehabilitation and reintegration of street families. Selection and funding is pegged on a set criteria based on specific parameters, which include enrollment of street families in the institutions whether day scholars or boarders under rehabilitation programmes, among others.

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! How could that be your problem?

Mr. Speaker, Sir, I cannot properly concentrate in answering this question when there are loud consultations going on behind me. That is why I am requesting for your protection.

Order, Members!

Thank you, Mr. Speaker, Sir. If I may continue, the Ministry of Devolution and Planning supports the children and youth through a trust fund with partner institutions. The partner institutions are registered charitable and community based organizations which are vetted and approved for funding to undertake rescue, rehabilitation and reintegration of street families. Selection and funding is pegged on a set criteria on specific parameters which, includes enrolment of street families in the institutions whether day scholars or boarders under rehabilitation programmes, among others. On the population of street families per county, there are no reliable non- segregated statistics on street families per county. However, available data from some sources, for example, Netherlands International Organization indicate that there are 250,000 to 300,000 street families in Kenya. Nonetheless, plans are at an advanced stage for the SFRTF, in conjunction with United Nations Children’s Fund (UNICEF), and the Kenya National Bureau of Statistics, to undertake a national survey of street families in 23 major towns and cities spread across the country. These towns are Mombasa, Nairobi, Nakuru, Eldoret, Kisumu, Kisii, Migori, Lodwar, Meru, Embu, Kitale, Machakos, Bungoma, Busia, Kakamega, Nakuru, Nanyuki, Malindi, Naivasha, Garissa, Nyeri, Isiolo and Thika. More towns will be included if funds will be available. Finally, some of the fund’s successes are that there are 774 social workers and different cadres of staff working in partner institutions who have been trained. Secondly, the SFRTF has financially supported partner institutions in rehabilitations, education and vocational programmes. For instance, in the last five years, a total of Kshs328 million has been disbursed for this purpose and over 8,200 reformed street children and youth enrolled back to primary and secondary schools countrywide. There are over 18,000 former street children reintegrated with families and communities. There are over 50 reformed street youths who are pursuing university education locally and abroad. There is a drop in centre in Tononoka Social Hall in Mombasa. The UNICEF, in collaboration with other stake holders, supported the establishment of child protection centre countrywide. Over 800 youths underwent National Youth Service (NYS) training. Finally, the fund created for Nyeri Children and Youth Empowerment Centre which is catering for more than150 street families currently and has a capacity to absorb 750 more. 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 thank the Chairperson of Standing on Standing Committee on Labour and Social Welfare for his answer which I think is inadequate. I have seen the growth of these street children in every centre in Kenya. This is a bombshell. You have heard the Chairperson say the last five years they have disbursed about Kshs328 million. I would like him to tell us the projects which have been funded in his own Kilifi County, leave alone Samburu County. I would also like him to tell us who are these trustees in foreign governments and the five in private sector. The only thing I remember about street children is the boys who were taken to NYS and, later on, they were recruited into Kenya Defence Forces (KDF). I would like him to tell us where these 774 social workers are. Are they in Kilifi? How many have been dropped in Tononoka? How many have been rehabilitated and have gone to the university level?

Mr. Speaker, Sir, I thank my colleague, Sen. Leshore, for seeking for this statement. I was listening very keenly to Sen. Madzayo in his response and he did mention that the Ministry of Devolution and Planning is in partnership with certain stakeholders in looking after street children. I would like to ask the Senator one specific question regarding that partnership. One, in most urban centres the world over, one of the ways of dealing with street children is to have home shelters where these children can go at night or with their parents so that they do not need to suffer the vagaries of the weather at night. We cannot stop them exercising their democratic rights on the streets and at night, they need special care. Most Kenyan towns are really advantaged by having very good churches in the centre of the city. Like here, we have the Holy Family Basilica.

Order, Sen. (Prof.) Anyang’-Nyong’o! It is Statement Hour.

Mr. Speaker, Sir, let me conclude. I was going to propose to the Senator that in one of the partnership programme, why do they not partner with those churches to become shelter home for street children, mothers and fathers at night rather than let them lie on the streets and suffer the cold weather at night?

Order, Members. We are seeking clarifications.

Mr. Speaker, Sir, I also want to thank the Chairperson of the Committee for the response. You noted from the response by the Chairperson that the SFRTF was established by the late hon. Karissa Maitha in 2003. That means that the current Government has not done anything new when it comes to this particular domain. My specific area of interest is that the SFRTF was allocated land in Pipeline Area, Nairobi. The specific land reference No.LR209/11325. Could the Chairperson of the Committee confirm to this House the following:- (1) Whether the land that was meant for SFRTF was transferred from Kenya Pipeline Company 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

Mr. Speaker, Sir, in 2004, when I was in the Ministry of Home Affairs as an Assistant Minister, we collected a few children from the street families to be incorporated in the National Youth Service (NYS). Could the Chairperson of the Committee confirm to this House why that useful programme to the street children was stopped? Secondly, it is a shame that the population statistics and demographic figures on street families in our own country can only be given to us by Nordic countries. How much will it cost to start a census programme for street families in Kenya?

Mr. Speaker, Sir, I want to further ride on the same. We have a very interesting scenario at the gate of Parliament, where street families have been staying for the past three weeks. Could the Chairperson tell us what plans and policies exist with regard to scenarios, for example, where Parliament is taken hostage by street families?

Order, Members! That was the last registered one. Finally, Sen. Wetangula and confine yourself to the relevant instruments.

Absolutely, Mr. Speaker, Sir. The issue of street families in this country is something that has been on and off all through. I know the difficulty in which the Chairperson, who sits on our side, can find himself in because our philosophy, ideology and manifesto about dealing with street families is not the same as the other side that prides in looting public funds every day. Could the Chairperson tell us whether the national Government is ready to partner with county governments in provision of funds, facilities for settlement, housing, food and other amenities, including taking children to school, so that street facilities can be managed properly and eventually eliminated with proper structures and philosophy of Government? This is because street families are found in urban areas in the counties. We do not want kneejerk and tribalist reactions, like what we saw in Eldoret where the Governor of Uasin Gishu rounded up street families that belonged to communities from the Western part of Kenya, dumped them on the highway in Busia and left. We are taking legal action against him. However, that is not a solution to street families.

Order, Members! I direct that the Chairperson will respond later after we have voted.

We will now proceed to Order Nos.8 and 9. 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): Hon. Members, we are now in the Committee of the Whole to consider Order No.8. Whips, do we have the requisite numbers in the House? Ring the Division Bell for two minutes.

I am told we now have the numbers. Can we have the doors closed and the Bars drawn? ( The doors were closed and bar drawn) We had done quite some work on voting on clauses and we only have four clauses to vote for in this Division.

(Sen. (Dr.) Machage): Could we have the assisted voters like Sen. Karaba, Sen. Kembi-Gitura and the Isiolo Senator come to the Table?

Hon. Senators, the result are as follows:-

Hon. Senators, the result of the Division are as follows:-

Hon. Senators, the result of the vote is as follows:-

Sen. (Dr.) Machage): Hon. Senators, the results of the Division on the Clauses to be deleted are as follows:-

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

Sen. (Dr.) Machage): Hon. Senators, the results of the fourth Division on clauses without amendments are as follows:-

(Sen. (Dr.) Machage): Very well, the numbers differ a little bit because Sen. Fatuma Dullo somehow missed voting in a number of Divisions.

No, I understood her predicament. It is accepted. Sen. Karaba and Sen. Sijeny, please, approach the Chair. You are the Movers.

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Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the County Governments (Amendment) Bill (Senate Bill No.4 of 2016) and its approval thereof with amendments.

(Sen. (Dr.) Machage): We now move on to the second one; The Reproductive Health Care Bill (Senate Bill No.17 of 2014). Proceed, Mover.

Mr. Temporary Chairperson, Sir, I beg to move that the Committee do report to the Senate its consideration of the Reproductive Health Care Bill (Senate Bill No.17 of 2014) and its approval thereof with amendments.

Hon. Senators, let us proceed. We have done so much work. Let us finish it.

Order, Sen. Ndiema! Before you bow and go out, let me make my proposal. We have a very short time to go. We can pass both of these Bills. We can go to the Third Reading. With your consent or with the approval of the Senate, I go up to the relevant part before we go to Division so that we do one Division for both to enable us to move faster as the Minority Whip is urging me to do. We are on The County Governments (Amendment) Bill (Senate Bill No.4 of 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

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Governments (Amendment) Bill (Senate Bill No.4 of 2016) and its approval thereof with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I ask Sen. (Prof.) Lonyangapuo to second.

seconded.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments (Amendment) Bill (Senate Bill No.4 of 2016) be now read a Third Time.

seconded.

Hon. Senators, since there is no Senator who has shown interest to contribute, I will defer the matter and then put the question together with the other one so that we have one Division. Hon. Senators, we shall now move on to The Reproductive Healthcare Bill (Senate Bill No.17 of 2014). THE REPRODUCTIVE HEALTHCARE BILL (SENATE BILL NO.17 OF 2014)

Mr. Deputy Speaker, Sir, I beg to report that the Committee of the Whole has considered The Reproductive Healthcare Bill (Senate Bill No.17 of 2014) and approved the same with amendments.

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report.

seconded.

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Mr. Deputy Speaker, Sir, I beg to move that the Reproductive Healthcare Bill (Senate Bill No.17 of 2014) be now read a Third Time.

seconded.

Hon. Senators, since it seems that there is no Senator keen on debating at this stage, I will now put the question on the County Governments (Amendment) Bill (Senate Bill No.4 of 2016). Whips, could I get a confirmation that we have the numbers before I put the question? You have done so much work and I do not want us to work in futility. I have been informed that we do not have the requisite numbers for a division. I will put the question for both Bills, but after the Division Bell has been rang. The Division Bell will be rung for two minutes, in the first instance.

Okay. Can the bars be drawn now?

Take your seats, Senators. There are two Senators who did not vote on The County Governments (Amendment) Bill (Senate Bill No.4 of 2016). I do not know who they are, but they need to vote now. It is mandatory to vote and that is why I am holding the announcement. Bear with me for a minute as we check.

Hon. Senators, there seems to be a small anomaly, but I will read the results of both of them.

Sen. Adan, Isiolo County; Sen. (Prof.) Anyang'-Nyong'o, Kisumu County; Sen. Boy Juma Boy, Kwale County; Sen. Chelule, Nakuru County; Sen. Hargura, Marsabit County; Sen. Kajwang M., Homa Bay County; Sen. Karaba, Kirinyaga County; Sen. Kembi-Gitura, Murang’a County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Lesan, Bomet County; Sen. Leshore, Samburu County; Sen. (Prof.) Lonyangapuo, West Pokot County; Sen. (Dr.) Machage, Migori County; Sen. Madzayo, Kilifi County; Sen. Melly, Uasin Gishu County; Sen. Moi, Baringo County; Sen. Mositet, Kajiado County; Sen. Musila, Kitui County; Sen. Muthama, Machakos County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwakulegwa, Taita-Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Ntutu, Narok County; Sen. Obure, Kisii County; Sen. Omondi, Kakamega County; Sen. Orengo, Siaya County; Sen. Wamatangi, Kiambu County; and, Sen. Wetangula, Bungoma County.

Hon. Senators, the results of the Division are as follows:

Hon. Senators, the results of the Division are as follows:

That is the end. The Bars may be drawn. Hon. Senators, we are going back to Statements according to the earlier order. Sen. Madzayo, did you have a Statement to issue or you were seeking a Statement?

He was issuing a Statement.

I notice that Sen. Leshore has withdrawn from the Chamber. Had you started giving the Statement?

Mr. Deputy Speaker, Sir. I have already given the Statement but this is in response to clarifications.

Proceed.

Thank you, Mr. Deputy Speaker, Sir. There were a number of questions that were put forth by Sen. Leshore, Sen. (Prof.) Anyang’-Nyong’o, Sen. M. Kajwang, Sen. (Prof.) Lonyangapuo and the Senate Minority Leader. They required some detailed response. It is in this regard that I request for a week to be in a position to sum up and get appropriate answers from the Ministry of Devolution and Planning. Thank you.

You have seven days. DELAYED PAYMENT OF FRENCH BEANS FARMERS IN KIRINYAGA COUNTY

Thank you Mr. Deputy Speaker, Sir. I am ready to issue the Statement. Sen. Karaba requested for a Statement as to why French beans farmers in Kirinyaga County have not been paid for the produce delivered to Value Pak Foods Limited last year. Secondly, he sought an explanation on the measures taken by the Government to ensure French beans farmers in Kirinyaga are paid their dues and protected from exploitation by brokers. Mr. Speaker, Sir, on the first one, the Statement is as follows: Value Pak Foods Limited is a private company based in Airport North Road with a registered address in 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 happy with the answer. However, it is unfortunate that we are dealing with small-scale farmers in Kirinyaga County. The legal documents that I have state that the farmers are advised to seek legal redress elsewhere. These documents are voluminous and they are not known to the farmers. We are dealing with a farmer who is contributing to the economy of this country with horticulture earning Kenya foreign exchange. If the farmers are not being protected by the Government, who else will protect them? So, I am asking the Chairman to fast-track the process so as to know what will happen to the farmers who delivered the French beans before the collapse of the Imperial Bank Limited. Will it be the end of them? Will we rest and claim that since Imperial Bank Limited collapsed, that will be the end? Will we sit and let farmers languish in poverty? That is my concern.

Thank you, Mr. Deputy Speaker, Sir. Indeed, it is a very sad situation where small-scale farmers enter into contracts, spend their money and end up not being paid. However, these are matters of contract between the producer and the buyer. Therefore, it is important to seek legal redress because the courts are there to arbitrate. In my own view, there needs to be some sort of insurance or security bonds in 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

Asante sana, Bw. Naibu Spika. Ni jambo la kusikitisha sana kumwona Mwenyekiti wa Kamati ya Kilimo akisema kwamba hakuna lolote linaweza kufanyika. Anatupa mikono yake juu ya hewa akisema sasa ile hasara ambayo wakulima wamepata hakuna lolote linaweza kufanyika. Anawashauri waende kortini kutafuta marupurupu yao ilhali korti si suluhisho. Wakulima wanataka kujua kama ile benki imefungwa ni hatua gani imechukuliwa hivi sasa. Kuona wale wakurugenzi wa hiyo kampuni wanatembea kwa barabara wakistarehe na huku wakulima ambao walifanya bidii na mikono yao kuyakuza mazao hayo wakiishi kama masikini ama walala hoi na hakuna kitu kinaweza kufanyika. Ni hatua gani Serikali itachukua kuona ya kwamba wakulima wa Kirinyaga na kwingineko nchini hawateseki kutokana na kuporomoka kwa benki hizi ambako pesa zilihifadhiwa? Ni hatua gani zinaweza kuchukuliwa kuweza kuwafanya wale wakurugenzi wa zile kampuni - ambao ni Wakenya na wanaishi hapa ndani ya hii nchi - kuwalipa fidia wakulima hawa?

Sen. Karaba, you had a further clarification to seek.

Mr. Deputy Speaker, Sir, I have further clarification. Imperial Bank which has been quoted here by the Chairman of the Committee on Agriculture, Livestock and Fisheries had also been quoted by the Kenya Tea Development Agency (KTDA). The KTDA farmers in the country have invested almost Kshs5 billion and yet they have not been paid by the same bank. He has come up with another story that the same Imperial Bank has investments totaling to several millions of shillings, including the payment that should have been made to Kirinyaga French beans farmers. Are we going to just sit and hear stories? Who are these directors of Imperial Bank who cannot pay farmers after contributing to---

Order, Sen. Karaba! I see a small problem here from a legal point of view. Actually, Imperial Bank has nothing to do with this because the farmers are owed money by this company called Value Park Foods Limited who claimed that they banked at Imperial Bank. The farmers do not know this. They would not know where their money was banked because they have no nexus with Imperial Bank. That is the problem I see. The farmers from Kirinyaga and from every other place who are supplying food to this company are owed money by the company and not by Imperial Bank. That is an allegation by the company. We do not know whether that is true or not. So, the issue here is one between the farmers in Kirinyaga and elsewhere and Value Pack Foods Limited. That is the line that you and Sen. Madzayo should be pursuing. The other problem I see is that you are asking what steps the Government has taken. In fairness to the Chairman, he has said that the Government can only facilitate arbitration between the farmers and the defaulting company failure to which the consequences would be legal redress. I heard him saying that it is because there is a personal contract between these two parties. Unfortunately, that may appear to be at the moment. 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, eventually, this will contribute towards Kenya’s economy through the foreign exchange earnings. I am sure the economy of Kenya thrives a lot on horticulture and more so, from French beans.

Sen. Karaba, I agree with you 100 per cent. The only question to canvass here is what the Government does.

Mr. Deputy Speaker, Sir, I am asking the Government to first pay Kirinyaga French beans Farmers.

The Government?

Yes, the Government because, of course, they are the custodians of Kenyans in this country. The farmers cannot go to any other person; they can only turn to the Government.

Chairman, now you understand the question. What do you have to say about it?

I do not know that is the issue that is coming up. Is the Government part of this? I understand the pain that Sen. Karaba is going through and the pain that the farmers in Murang’a and elsewhere are going through because of this kind of situation. That is why I asked Sen. Karaba specifically what he is asking the Government to do.

On a point of order, Mr. Deputy Speaker, Sir. Since this was a contractual agreement between the farmers and Value Park Foods Limited, however painful the predicament is, is there any value pursuing the discussion beyond that statement? To me, we are engaging in a futile exercise.

That is the point I was trying to make.

Thank you, Mr. Deputy Speaker, Sir. Listening to Sen. Karaba who is under pressure from farmers in his county to get payment, the issue here is that the company claims that their funds are held in Imperial Bank which has collapsed. However, there is a Kenya Depositors Protection Scheme. Probably, what Sen. Karaba is canvassing is how the Government can come in through that avenue.

That is the point I was trying to make, Sen. M. Kajwang. That is not what he is canvassing if you read the Statement properly. Value Pak Foods Limited claims its money was lost in Imperial Bank Limited. We do not know. The farmer does not know. The farmer is not interested in knowing that. The farmer knows that Value Pak Foods Limited owes them money. That is the point that Sen. Anyang’-Nyong’o is making. With great respect and appreciating the pain that is there, it looks like a personal contract. That is the view I take. Sen. Obure, what is your point of order?

On a point of order, Mr. Deputy Speaker, Sir. I largely agree with what you are saying. It sounds like a bad story; that farmers went into a contract with Value Pak Foods Limited. They have been doing business, which has helped the economy a great deal and added value to the individual farmers and the economy as a 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)

Mr. Deputy Speaker, Sir, farmers in the counties, leave alone in Kirinyaga, are supposed to be advised by the Government. We have extension officers who are supposed to advise the farmers on the kind of crops to grow in certain regions and the market outlets.

(Sen. Kembi-Gitura)

Mr. Deputy Speaker, Sir, eventually, it will affect the Kenyan economy.

All of us are in total agreement with you about the loss, pain and suffering that you are going through, but it is important to remember that even as you ask the Government to pay, maybe you will be looking up to the Kirinyaga County Government, because agriculture is devolved and the extension officers in Kirinyaga County are from the County Government of Kirinyaga.

Mr. Deputy Speaker, Sir, I understand where we are coming from when, as a House, we make that legal argument. However, it also raises a fundamental question. When the citizens of this country, for example, the farmers of Kirinyaga turn to the Government through the only means that they know, which is their representatives, to come to this House and ask such a question, the question that would come to our minds is: Should our answer be as plain and simple as to the extent by which we are bound by procedure as representatives of the people? This House has a Committee that is relevant to the question that has been asked by the Senator for Kirinyaga. Although there are those provisions and limitations, as representatives of the people, I feel that we should go beyond that and ask the relevant Committee to make proposals or suggestions. One thing that comes out is that farmers of this country will require some form of protection fromy the Government against such traders, because they have been oppressed all the way. It is an eye-opener and it should generate the debate as to whether or not farmers should be insured by the Government or through a strategy started by the Government that would protect farmers. I know that we are bound by the law, but we have been elected by the people, so that we can break down the limitations and inhibitions that exist and provide a better future and a better tomorrow for our people. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. Kembi-Gitura)

Mr. Deputy Speaker, Sir, the issue that has been raised by Sen. Karaba is important. It is not only those farmers in Kirinyaga that are affected. You would also get unscrupulous tradesmen who buy maize and promise to deliver the money, but they do not. In the past, even the Kenya Meat commission (KMC), which is a Government institution, took livestock---

Sen. Ndiema, I will not allow this to escalate because you can talk about the suppliers of hides and skins and everything else. The point I am making is that even as you ask the Government to intervene, which it could, all these are personal contracts. That is the problem I have. As a Committee, you could decide to come up with certain processes and advise the House. However, with great respect, we are engaging in an exercise in futility. You have given a final answer and there is nothing much we can do about it. I do not want you to start telling us about other trades and sectors of the economy of the country. The French beans farmers are not only in Kirinyaga, but all over the country. It is a problem that is everywhere. Unless there is a policy decision to it, in my view, what you have answered now should satisfy the Statement that was sought by Sen. Karaba. There is nothing more you can do about it. Let us proceed to the next one.

Sen. Ndiema, why are you not speaking on the microphone?

Mr. Deputy Speaker, Sir, I want to assure the House that our Committee will look generally into the issue of farmers not being paid and what could be done, but not on this specific one because I have already answered it.

Very well. Next Statement (c). PLIGHT OF RESIDENTS OF KASARANI MALEWA WARD, GILGIL CONSTITUENCY Sen. Wangari is not here. Next Statement! USE OF CORPORAL PUNISHMENT IN NYABURURU GIRLS NATIONAL SCHOOL 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. Karaba, you have a Statement to issue as requested by Sen. Nabwala. Is the Statement ready?

Mr. Deputy Speaker, Sir, it is not ready. I presume that it will be ready by the end of the week. I assume that she will also be here to receive it.

Will you be able to issue it on Thursday?

Yes, Mr. Deputy Speaker, Sir.

Okay.

Statement (e). Sen. Wetangula had also sought a Statement from your Committee. RELOCATION OF THE KENYA TECHNICAL TRAINING COLLEGE

Mr. Deputy Speaker, Sir, I discussed with Sen. Wetangula earlier on and we agreed that the Statement could be issued on Tuesday next week when it is ready.

The Statement is deferred to Tuesday next week.

Statement (f). Sen. Obure, are you expecting a Statement from your own Committee? PERSISTENT TRAFFIC CONGESTION ALONG THE NAIVASHA-NAKURU ROAD

Mr. Deputy Speaker, Sir, since I requested for the Statement, I cannot deal with it. The request was responded to in the House and I was largely satisfied. However, there are a number of clarifications that were sought, but I am not prepared. I know that the Vice-Chair was going to ask for more time so that she can bring a response.

However, that is your Committee?

Yes, Mr. Deputy Speaker, Sir.

That is going to be the end of Statements.

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

What is your point of order, Sen. Karaba? 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, last week, I sought a Statement from the Committee on Agriculture regarding the supply of fertilizer and seeds which was dropped because I was not here. I have now since talked to the Speaker and he has agreed that the Statement be reinstated.

If you discussed with the Speaker, why do you raise it to me? You are in safe hands.

Mr. Deputy Speaker, Sir, he had directed that whoever will be on the seat handles that. Now that you are on the Chair, he had promised me that the moment I stand up, he will be able to explain that the question is very important and it cannot be dropped.

Is the Chairperson of the Committee on Agriculture in?

Mr. Deputy Speaker, Sir, he was just here. Has he gone?

Is he here?

Mr. Deputy Speaker, Sir, the Vice-Chairperson is there.

Who is the Chairperson?

Mr. Deputy Speaker, Sir, Sen. M. Kajwang, the Third Vice- Chairperson is there.

Okay, Sen. Karaba. Since you say that you discussed with the Speaker, come early tomorrow afternoon and canvass it with the Speaker so that he can then give direction. I do not doubt you but even the Chairperson is not there. I do not know whether the Vice-chairperson of the Committee on Agriculture is aware. So, come early tomorrow and raise the issue with the Speaker. Hon. Senators, I will go back to Order No. 5. Can you call the order?

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday, 1st, November, 2016. Reports of the Auditor-General on the financial statements of the county governments for the year ended 30th June, 2015 for the following county governments: Marsabit, Tharaka-Nithi, Kitui, Meru, Isiolo, Makueni, Embu, Migori, Siaya, Nyamira, Kisumu, Kisii, Homa Bay, Bungoma, Kakamega,Vihiga, Nyandarua, Kiambu, Kirinyaga, Nyeri, Murang’a, West Pokot, Nandi, Turkana, Trans-Nzoia, Uasin-Gishu, Elgeyo-Marakwet, Kilifi,Tana River, Machakos, Kajiado, Nairobi City, Mombasa, Lamu, Kwale, Taita- Taveta, Kericho, Baringo, Narok, Nakuru and Samburu. 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): Thank you, Senator. Hon. Senators, we have now finished with the Statements under Order Nos. 8 and 9. I will defer Order Nos. 10 and 11 at the request of the Senate Majority Leader and Sen. Mutula Kilonzo Jnr.

(Sen.) Kembi-Gitura): Sen. Wamatangi.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, the Assumption of Office of Governor Bill (Senate Bill No. 10of 2016) be now read a second time. Since the promulgation of our new Constitution in 2010, through Article 180, our new Constitution created the office of the governor and the deputy governor. Although those offices were created by our Constitution, there lacked enabling legislation to oversee the smooth transition and assumption of the office of the governor and with the relevant modification of the deputy governor or the speaker of the county assembly inlieu of our Constitution, Article 182(2) Clause 2 and 4. After the elections of 2013, in March when all governors-elect were supposed to be sworn in office, our Constitution had given the Transition Authority the mandate and responsibility of overseeing the process through which governors would assume office. The confusion and mix-up that ensued then is on record. We remember clearly that at that time, the national Government provided about Kshs60 million to every county government through the Transition Authority which was given to the office of the governor-elect to oversee the assumption of office of the governor-elect. A lot of things happened at that time. There were governors, for lack of proper procedures and norms or a way of doing things; who took that money, some went to the shops and bought new cars. Some threw lucrative parties, some invited all and sundry and others held ceremonies in places of their choice. That confusion is what this Bill seeks to remedy by providing a procedure through which a ceremony and the assumption of office of the governor-elect can be conducted. Mr. Deputy Speaker, Sir, also through the Bill, in Clause 5, I have sought to have the Bill create what I call the “Assumption of the Office of Governor Committee”. This Committee is envisaged to comprise of key people within a county government who because of their repository of knowledge of the goings on of the county on a day to day basis, because of their exposure with the happenings and the activities at the county level and also by the authority and duties conferred to them, I have proposed a number of individuals starting with the county secretary who is envisaged to be the chairperson of the Assumption of Office of Governors Committee, the County Attorney, the Chief Officer in charge of the department that deals with matters relating with county public service, the Chief Officer dealing with matters relating to Information and Communication, the Chief Officer who deals with finance, the Chief Officer who deals with Public Works and Roads and Transport, the County Commissioner, Head of National Police Service in the county, the head of National Intelligence Service in the county and the Clerk of the county assembly. It will also include some two people who will be nominated by the governor-elect. Mr. Deputy Speaker, Sir, this committee is envisaged as composed in my Clause 6 of the proposed Bill with various responsibilities termed as their functions which include facilitating the hand-over process from an outgoing governor to a governor-elect. It may be taken for granted that after we go to the 2017 elections, this is the first time when we will be holding our first elections after the promulgation of our new Constitution and we have heard or tasted devolution. 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. Wamatangi, you seem to be discussing some proposed amendments and they are not part of the record of this House. If you are making references generally as you discuss the Bill, like you are doing, that will be in order. However, narrating and giving the specific amendments would be anticipating the processes in the Committee of the Whole. So, you have to find a better way of presenting it. Otherwise, if you present it in the manner you are preceding, then you are anticipating a debate in the Committee of the Whole. In the manner in which you proceeded initially, that made much sense in terms of making contribution.

Thank you, Mr. Temporary Speaker, Sir. I stand guided. The reason why I was narrating that way was to save time because I am conscious that we are behind time. I am sure a number of Members may want to contribute. I wanted to run through quickly to avoid inputting a lot of material around it. With your permission, may I mention the last two? I will not refer to them specifically but in a wider way so as to save on time. First, there is necessity to consider the widening of the scope of the Bill. One of the areas where personally I think is important is to look at this expanded mandate and requirement is, for example, to the extent whereby governors will be required before exiting office to hand over a clean, clear report on the assets and liabilities of the county. The assets and liabilities of a county is actually the balance sheet of the county. If a person is told to hand over a firm without a balance sheet that says that this is what we have, that is a failure. It is within this ambit that I hope that this can be expanded to request the input of the minds of the various Senators because we have the advantage of having very well endowed people. The assets and liabilities requirement is also important that a clean report on the finances of that county is handed over. We do not want to have a governor who incurs debts upon debts or misuses funds and then gets away with it or just hands over a blind report. Further, it is important that a requirement is made in these amendments that the handing over of those assets and liabilities be accompanied by a clean report on the expenses and the whereabouts of the funds that have been allocated to a county. Finally, I envisage that we will not have a vacuum in the office of the governor by specifying the term of office a governor will run from the day when the governor is elected into office until the day when the governor-elect is sworn into office. That specific requirement is important to avoid a vacuum. Also, on the question of how this committee will be financed, we have proposed that the financing be drawn from the county itself. As Members will remember, 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

Sen. (Prof.) Lonyangapuo, the tradition has always been to second a Bill from the Dispatch Box. Before you second, there is a ritual that Sen. Wamatangi forgot to perform. Sen. Wamatangi, you are an expert in moving Bills. Are these some of the effects of the recess? I am sure that the Senator for Laikipia, whom we are all happy to have and welcome, wants to say something. As I was moving my Bill, he was whispering behind me that I might be left alone in the House speaking to my Bill. That is why I was in a hurry.

Order! You are completely out of order.

Mr. Temporary Speaker, Sir, I beg to move and ask the Senator for West Pokot to second the Bill.

I cannot allow you to gossip against Sen. (Dr.) G.G Kariuki. He is a senior Member of this House and in the academia.

Mr. Deputy Speaker, Sir, you forgot to tell him that he was seated between the two of us and was speaking a lot; we nearly stopped him. It is only lecturers and professors who stand for long---

Therefore, businessmen and Senators like Sen. Wamatangi need to find their balance. Proceed, Sen. (Prof.) Lonyangapuo.

Mr. Deputy Speaker, Sir, I take this opportunity to second this Bill. On the outset, I congratulate Sen. Wamatangi for coming up with this brilliant Bill. It is a Bill that had been missing in the previous ritual of assumption office of the governor during the inaugural ceremonies 2013. As the Mover of this Bill has put it, the principle object of this Bill is to provide for the procedure and ceremony for the assumption of the office of the governor by the governor-elect. This means that somebody else may be elected to take over from the immediate governor or the particular inaugural governor may be elected again. There must be a procedure of getting that person into office. It is essential that a procedure is generated because the law says that apart from having a governor, there should be a legislation that will guide how some of the activities can be run or offices assumed in the county. Mr. Deputy Speaker, Sir, presently, there is no legal framework governing the assumption of the office of the governor. If you remember, a number of governors were inaugurated in stadia. In the case of my county, all elected leaders were not invited except the governor himself. The inauguration of some of the governors was unique because traditionalists did the ritual of inaugurating them. In the process, they ended up making them clan elders. This is an important exercise to provide for who should be there and what should be done. Part One of the Bill essentially talks about the preliminaries. Part Two talks about the establishment of the office of the governor and the committee that will come up 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, I wish to propose the question that the Assumption of the Office of the Governor, Senate Bill No. 10 of 2016 be now read a Second Time.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate stands adjourned until Wednesday, 2nd November, 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