Order, Senators. I have a Communication to make on the Summit for Peaceful Elections, National Cohesion and Unity for Socio-Economic Development. I wish to inform you that the Kenya Private Sector Alliance (KEPSA) has organized and invited all Senators to a leaders’ summit on peaceful elections, national cohesion for socio-economic development. KEPSA’s key focus areas are:- (i) Conducting high level advocacy on cost-cutting law and policy-related issues and ensuring Kenya is globally competitive while doing business. (ii) Coordinating the private sector in Kenya through various mechanisms and engagement advocacy that promotes economic growth. (iii) Developing and building capacity of Business Membership Organizations (BMOs) to strengthen, grow and represent their sectors adequately. It is in line with these areas that KEPSA has organized the leadership summit which will bring together all national leaders including all parliamentarians of both Houses. The summit is scheduled to take place from 2nd to 3rd December, 2016, at Leisure Lodge Resort in Mombasa County. Senators should depart for Mombasa on the evening of Thursday, 1st December, 2016. This is, therefore, to invite all of you to this very important meeting and to urge you to attend and participate effectively. You are requested to forward your preferred travel times to the office of the Clerk of the Senate for planning purposes. Thank you. Next Order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. When a matter is being referred to a Joint Committee, you normally read out the names of the Membership of the Committee. Secondly, this rejection comes at a very unique time when levels of corruption in our counties are now unprecedented. Everywhere you go there is corruption. For example, in Bungoma, a governor took Kshs304 million and put into an account of some girl who was working in the county office. In Kakamega, Bukhungu Stadium worth Kshs1 billion collapsed. There are also many cases in Kilifi among other many counties. Only posterity will find that we were right when we wanted the Senate to be capacitated to have a more proactive role in pre-empting corruption rather than just wailing and crying about it.

Mr. Speaker, Sir, I followed the debate on this matter in the National Assembly. The committee which is looking into the matter should also look into the issues of the interpretation of the law because the argument was that we had used the wrong procedure to promulgate those regulations. The Chairman of the sister Committee to the Committee chaired by the Senator for Nandi explained that one or two Members opposed that interpretation but the Senate Majority Leader agreed with the interpretation of the law. It made me to think of how everybody could have gone wrong on the application of the law in this regard. So, they should look into it carefully because it appears to me that therein lies our way forward; that the interpretation put on it was not made in good faith. It was merely to scuttle what we are trying to do and that should come out very clearly. They are using an interpretation of the law to scuttle what everybody had agreed on. So, the Committee should look into that.

Before I forget to respond to the one of Sen. (Dr.) Khalwale, I agree with the second one in its entirety because until some issues are seen in the context, then there will be those saboteurs. But on the specific one of naming names to the Committee---

I appreciate that Sen. (Dr.) Khalwale’s new party leader is in the House but I am here for now. When you addressed me, I listened to you attentively and now I am addressing you also. We invoked Standing Order No.215, which I quoted in extenso, that it shall be referred to a delegated committee and it is this committee and the other delegated committee of the National Assembly. This is a statutory instrument. We made a special consideration for it under that particular Standing Order but ordinarily, we are right because that is the way we have always proceeded. So, after I give the directions, the Senate Majority Leader will come with a Motion to form a joint committee. That is where the names will be and we will approve them.

Mr. Speaker, Sir, this issue has been a matter of concern for the Senate for many years. It is about building the capacity of the Senate so that we can execute our mandate of exercising oversight over the county governments effectively. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, this House has always played a fair game. We recognise that we have a bicameral Parliament and we have always acceded to and processed any Bills or business that comes from the National Assembly with the seriousness and urgency that it deserves. However, there has not been any reciprocity; not that we are asking for it as a favour but the Constitution says that institutions of Government must consult and cooperate. However, what is happening is total non- cooperation. The Constitution gives this House the responsibility to oversight counties and a function that has been given must be followed with resources. Resources follow functions. For the time that we have been here, this Senate has never been resourced enough. Instead, resources have been cut. When the Senate started, we had adequate resources for the Committees for benchmarking, but that has also been reduced. We are asking for money to safeguard and oversight the counties; it is not to increase our salaries or remuneration. If we are denied this money, it means that devolution is at stake. Devolution cannot work unless there is oversight. That is what is in the Constitution. Whatever is being done by the National Assembly is unconstitutional. It is unfortunate that the Constitution says that the Senate should not be involved in money Bills. That is where the problem started. We have to relook at the Constitution to ensure that the Senate participates in all legislations, including the so-called money Bills. Mr. Speaker, Sir, it is time we asserted ourselves. We should not just amend the Bills that come from the National Assembly, but reject them. Some Bills that come to the Senate are subject to rejection, but we have taken time to amend and negotiate. Instead of the National Assembly asking us to sit together to amend anything that is not proper, they reject and use the words ‘rejected in totality,’ as you have read. The language is non- cooperative and provoking. It is time that we use the same comb whenever there are Bills that emanate from the National Assembly. We have to show that we have the authority in law to do whatever we do. The National Assembly has been using the budgeting process to arm twist the Government to allocate them National Government Constituencies Development Fund (NGCDF). I am not advocating that the Senate should take the same route, but it is time we looked at all opportunities, whether through the courts or other avenues, to ensure that the Constitution is adhered to. The NGCDF is an area that we should look at. We know that the Constituencies Development Fund (CDF) has assisted people and it is not the wish of the Senate to curtail it. However, we know that it is not in accordance with the Constitution. If these mere regulations are deemed not to be in accordance with the law; how about the NGCDF? This House should assert itself and not give up. We should pursue this matter now and in the future. Thank you, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, as I listened to you read the Message from the National Assembly, I could vision a dark cloud descending upon this House. The Senator for Mandera County has said it all; that there is a grand conspiracy to frustrate this House, eventually kill it and destroy devolution. The conduct of the Executive towards Parliament starts from the issue of Women Representatives. We have distinguished women in this House like Sen. Zipporah Kittony. The Executive buys every Woman Representative in the National Assembly two four-wheel-drive cars, but does nothing for the distinguished women in this House who cover even larger areas and do greater work in the country. Mr. Speaker, Sir, as they continue to belittle this House, we hear a lot of lip- service about fighting corruption. The Budget and Appropriations Committee in the National Assembly, chaired by a man called Hon. Mutava Musyimi, whom I always call the wrong reverend because he does the wrong things, sat down and allocated themselves - 52 Members of the Budget and Appropriations Committee - Kshs100 million each to take to their constituencies. If that is not corruption, then the word ‘corruption’ has no meaning. The Executive acquiesces to that and does absolutely nothing. Some were just hawking money in their constituencies. That is where we are. We asked for a small fund and you personally called me to your office and requested me to sit on that Committee, which I agreed so as to give it the credence that it deserved. We did a lot of work and looked at everything. However, when the matter went to the National Assembly, they not only poured scorn on it, but rubbished it and insulted the Senate; that they are giving money to Senators to put into their pockets. Mr. Speaker, Sir, I know the membership of this House. Sen. Karaba from Kirinyaga can be equated to Caesar’s wife in terms of probity, and so are other Senators. There is no single Senator who wants this money to put in his pocket. You preside over a House which has no comparables. North Horr Constituency in Marsabit County, which is represented by Sen. Hargura, is physically larger than the former Western, Nyanza and Central provinces put together. Sen. Hargura is supposed to go round the county and even educate the people on what devolution is all about and how money must be accounted for. Instead of him being given a partly Kshs20 million, which he would have probably used to buy one four-wheel-drive vehicle and use the rest on fuel, we are told that Senators want to pocket the money. All this is happening because the Executive is not interested in this House. We are an appendage to an institution called Parliament. Mr. Speaker, Sir, sometimes I feel for you as the leader of this House. We have over 25 Bills pending and gathering dust in the National Assembly on the shelves of a man called Hon. Duale. We have our representatives in the House Business Committee (HBS) in the National Assembly. However, when any matter comes from the Senate, he simply tells them to throw it away and that is where it ends. This frustration is what causes lethargy in this House. Every time, we say Members must come and vote. I have no business whipping my Members to come and vote for Bills that will go to gather dust in the office of Hon. Duale. We pass Bills here. The only Bill that we pass that was going to give meaning to devolution brought by the distinguished Senator for Nandi County, it went to the National Assembly, they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is your point of order, Sen. Billow?

On a point of order, Mr. Speaker, Sir. The minority leadership cannot escape that responsibility because the Members of Parliament who vehemently opposed the Kshs1 billion are from the Coalition for Reforms and Democracy (CORD). Many a time, we have asked him to engage their own leadership in that House. So, you have some responsibility and a role to play.

What is it, Sen. Hassan?

On a point of order, Mr. Speaker, Sir. We have watched the proceedings in the National Assembly and some of the Members vehemently supported. Members like Hon. Wandayi and Hon. Midiwo who are members of CORD. The responsibility in the National Assembly is that they are people who refuse to grow up to see what this Senate is supposed to do.

Mr. Speaker, Sir, to that extent, Sen. Billow’s information may be right but the voting majority in the National Assembly, the so called “tyranny of numbers” coined by a man who has now disappeared from the national stage because of probity, is with Jubilee. Even if Hon. Wandayi and Hon. Midiwo or whoever spoke with vitriol, if the Jubilee side wants to vote in anything, they will. We are in a position – I implore my brother Sen. (Prof.) Kindiki, and I have no doubt he is an effective leader in this House – if those people who caused you to be in this seat listen to you, I want to encourage you to talk to them and tell them we did not create devolution for governors to steal public resources. Devolution and the Senate were created to make sure that we oversight them so that they do not steal money. Mr. Speaker, Sir, yesterday, in a petition in the Committee chaired by Sen. Billow, I could see the horror on his face when the statement was brought that a governor has wired Kshs314 million which is public money to an account of a girl. What we are saying is that we want to enable the Senator for Bomet County to go and find out what is happening. We want to enable the Senator for Kakamega County to go and check why a governor would put Kshs1 billion in a stadium and as soon as they finish welding, it all comes down. We want to enable the Senator for Tharaka-Nithi County to go and check why his governor starts naming streets at night. We want to enable the Senator for Nandi 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 listened to your directions and the first direction is that the Delegated Legislation Committee will have 21 days under Standing Order No. 215 to report to the Senate whether they agree or disagree with the resolution of the National Assembly. I do not expect the Delegated Legislation Committee of the Senate to disagree with themselves about their recommendations. Mr. Speaker, Sir, this is my proposal; you have given them 21 days which goes beyond the period within which we will be sitting as a Senate. I thought you would use your Standing Order No. 1 and discretion available to you to ask the Committee led by Sen. Sang to have a report here on Tuesday next week which will cause the Joint Committee to start sitting under Standing Order No. 216. Otherwise, we risk that this is going to become an academic exercise in February. What will be the point of having a Joint Committee sitting in February, 2017? What is worse, Mr. Speaker, Sir, there was a public display of mockery of this Senate. It is not possible that this House of review, of eminent legal scholars can make the sort of mistakes they purported we were making. Therefore, just like Sen. Billow has said, I would suggest that there is failure somewhere. That was an excuse to deny the Senate those funds and I am aware that there were consultations that were done before those rules were tabled in the National Assembly. The wisdom of the Supreme Court - for you to appoint three persons who would seek to sit with the National Assembly cannot be overstated. We have lamented so much about our problems. Sometimes I think as we sit here every day, we are signing our death warrants and wishing this Senate away just like the first Senate of this Republic. It would be a bad history if that were to happen. For once, I know you have pleaded and said that you are a gentleman. If somebody slaps you, you do not slap them back. However, these are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, looking at the Communication that you made, I have no doubt that my Committee will not take more than three days to report to this House. The Standing Order No.215 indicates this must be done within 21 days. I am sure by Tuesday next week, we will be able to have that report. However, it is important to refresh ourselves on the journey that we have taken on these regulations so that we appreciate that this is not a matter of legality, but it is about politics. You will remember that the first Kshs1 billion that was allocated to us courtesy of negotiations between this House and Parliamentary Service Commission (PSC) was taken away by the National Assembly when we undertook our constitutional responsibility of increasing resources to counties. That is where the rain started beating us. Subsequently, we had protracted discussions and negotiations with the National Assembly to the extent that we agreed that we publish regulations pursuant to the Parliamentary Service Commission Act. This was a recommendation by them. We did exactly that only for them to reject the same regulations and tell us that we needed to publish them under the Public Finance Management Act. Again, we considered, worked together with them, they rejected it and they took us back to the PSC. Further, they told us that we needed to discuss with the National Treasury. I remember, led by Sen. Kiraitu, we went and met the Cabinet Secretary for National Treasury, Mr. Henry Rotich, who agreed and allocated resources. The National Assembly again rejected this. I chair the Delegated Legislation Committee. When we sit down to consider regulations, we have never had an opportunity to even annul a single regulation in this House. This is because where we have issues with regulations we invite the regulation making authority and tell them that we have issues with “x”, “y” and “z” and they agree to review and we proceed on. When there are issues with one or two of the regulations that were published, they had the opportunity to invite the Kiraitu Murungi led Committee and tell them we have issues with “x”, “y” and “z”, but they refused to do that. They went ahead and annulled the entire regulations in totality. It has nothing to do with the law because they even broke the procedure. We, as House, would be naïve to imagine that it is anything to do with the Public Finance Management Act or that there is a problem with the law. The problem that we have between us and the National Assembly is a political question.

Mr. Speaker, Sir, even as you refer these things, we would do what we need to do as a Delegated Legislation Committee. However, I want to inform the House that this has nothing to do with the law. It has everything to do with politics. It is on both sides of the political divide because we have seen those who have proposed for the allocation of resources to the Senate for oversight, we have in the National Assembly both the CORD 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, thank you for this opportunity. I want to add my voice to this very important debate. When all these issues started, we were told time and again that this is sibling rivalry. We accepted it at the very beginning that it was sibling rivalry because all of us either we were being born or reborn in the framework of a new Constitution. We are at a situation where one of the siblings continues to refuse to grow up. It cannot be sibling rivalry throughout. There is a point at which you must cut these issues and start to internalize the Constitution and its mechanics. Consistent and persistent denial of the fact that there is a House called the Senate and no Member of the National Assembly or any other State agency, can do anything against it is to deny that there is new a Constitution that is in existence. The Senate is here to stay. Nobody would be able to undermine the authority of this Senate. Despite all these challenges, this Senate has done so well. Today, Senators individually are themselves a one-man army when it comes to oversight. When Sen. (Prof.) Kindiki speaks in Tharaka-Nithi County, the county and the nation listen. With or without the oversight funds, we have shown the National The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. The ink is not even dry. I just spoke here and said that a stadium in Kakamega County, a CORD county, where they have sunk in a Kshs1 billion just collapsed and the Governor has said nothing. If probity was an issue in our public life, that Governor should be answering charges in a court of law.

Mr. Speaker, Sir, initially, he had blamed the stadium and now he has blamed the Governor.

Today, I also listened to former---

Order, Sen. Hassan! The challenge was that your party leader should speak against corruption in CORD counties. It was not to blame a person. Proceed, Sen. Hassan.

Mr. Speaker, Sir, thank you for that clarity. Some of us have tracked some of these issues and some of them have come to reality. Today, just to inform Sen. Wetangula, there has been a Committee on County Public Accounts and Investments reports for 2014/2015. The same queries that were raised in 2013/2014 are appearing again in 2014/2015. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

Okay, inform me.

Order, Sen. Hassan! You have to wait for me to allow him. That is equally corruption.

Mr. Speaker, Sir, let me inform the Senator that in that press statement by Hon. Raila Odinga, he actually rubbished the Auditor-General and accused him of being biased against CORD counties in publishing the audit reports. It is in the newspapers now.

Mr. Speaker, Sir, I can say with sadness that that is not the position of the Wiper Democratic Movement (WDM) which is guided by the audit of the Auditor- General. That is why we want Gov. Mutua to pay for his crimes. We also want any other governor that has been adversely mentioned in the Auditor-General’s report to surrender to audit and arms of investigation so that they can be prosecuted. I hope this oversight fund will help us to lift this country out of corruption.

Sen. Hassan, conclude.

Mr. Speaker, Sir, let me conclude with what I said in our retreat although some of you were not there. Just because the National Assembly has allegedly nullified these regulations, that is not the end of it. Even if we do not enjoy this Fund, we must do everything reasonable and possible to ensure that the next batch of Senators enjoy this fund. The Fund is not only about Sen. Hassan, Sen. (Dr.) Khalwale or Sen. Khaniri because they serve at this point in time. It will be for Senators across the board and then for posterity. Therefore, even if we have lost this first little tussle, we should not drop the ball to ensure that every Senator is given the benefit of and capacity to oversight. May God bless Kenya.

On a point of order, Mr. Speaker, Sir. Did you hear Sen. Hassan say that CORD is just as much to blame for corruption for doing nothing as is Jubilee? Is he in order to mislead the country when the country knows very well that the county assemblies of Jubilee have done a sterling job? All the impeachments that have taken place in this House are from the Jubilee county assemblies. It is time Sen. Wetangula, hon. Musyoka and hon. Odinga also demonstrated that their governors will not continue holding their Members of County Assemblies (MCAs) captive. Is he in order to mislead the House?

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, since I have been challenged, I agree with you.

Order, Members. On that good note where the one who has been challenged agrees with the challenger, allow me to interrupt these very interesting interventions in order to introduce a distinguished delegation from the Republic of Poland led by none other than the Marshal of the Senate of the Republic of Poland, Mr. Stanislaw Karczewski.

On behalf of the Minority side and the Senate as a whole, I take this opportunity to welcome our guests from Poland. Poland is a country with a rich and admirable history, starting with the revolution that swept a dock workers’ leader, Lech Wałęsa, to the leadership that changed and affected the cause of change in parts of Eastern Europe. Poland is a country, if any of you who was a student of history can remember, that stood up to Bismarck as he conquered the rest to unite Germany. Poland is a country that has produced fantastic footballers, including Lewandowski, the current mercurial player in one of the teams in Germany, and many others. As Catholics, we are proud that Poland produced a Pope, who introduced reforms in the Catholic Church, which are now carried on by my namesake Pope Francis. Mr. Speaker, Sir, Poland has supported the cause of democracy globally. As they visit us, I encourage our colleagues who are in interaction with our visitors to share experiences, good practices and things that can enhance the wellbeing of this House and our nation. I wish them well and a happy stay for the remainder of their time in our country. Thank you.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. On behalf of the Government side, I welcome the Senators from the Republic of Poland. I also thank the Marshal of the Senate of the Republic of Poland for marshalling his troops to Kenya and this Senate. We are honoured with your visit. Poland is a country with a long history of friendship with our country. Therefore, their being here goes a long way in cementing that history and deepening the friendship between the two countries. I take this opportunity to wish them well in their stay in Nairobi and hope that there will be more of these visits. Perhaps, one of the lessons learnt would be to amend our Standing Orders, so that we refer to our Speaker as the ‘Field Marshal’ of Senate of the Republic of Kenya. Thank you, Mr. Speaker, Sir.

Let us continue with the points of order on the earlier Communication.

Bw. Spika, mbiu ya mgambo ikilia, kuna jambo. Seneti hii imelia kwa miaka minne. Tumewaeleza wananchi wa Kenya vile mambo yalivyo. Bunge la Kitaifa linataka kuua ugatuzi na faida yote iliyotokana na ugatuzi. Bw. Spika, stakabadhi ambazo zimetolewa na Bw. Ouko zinaonyesha kuwa Kaunti ya Migori hutumia Ksh2 milioni kwa mishahara ya ziada na Kaunti ya Kisumu hutumia karibu Kshs600 milioni kwa mishahara ya ziada. Hiyo ni kulingana na ripoti ya 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. (Dr.) Machage! You may conclude.

Bw. Spika, ninashukuru.

Sen. Cheruiyot, I will give you two minutes. I will then allow Sen. (Prof.) Kindiki to conclude.

Mr. Speaker, Sir, this is a very interesting day in the Senate. When you see CORD Senators party hierarchy speak and the Jubilee Senators speak to the executive and tell them that they are wrong on this, then it tells you that there is great hope for this country. Political expediency is what has gotten us into this problem. We have had opportunities to engage Members of the National Assembly and ask them why they are doing this to Senators. Sometimes I am embarrassed especially when those of us from the Jubilee side imagine that when Kshs1 billion goes to the Senate, they imagine Sen. (Dr.) Khalwale with Kshs30 million and Sen. Mutula Kilonzo Jnr. with Kshs20 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. Melly, I will give you one minute.

Mr. Speaker, Sir, a minute is not enough but I will try. I want to point out two issues. First, the public is watching. It is now very clear who is promoting corruption in this country. It is saddening and unfortunate that this Committee of the Senate having struggled all this time to ensure that we have money to oversight, has lost it. I encourage them to move forward because we still have time. My worry is about the Senate that is coming after this Senate. If we are unable to fix this problem as at now, then the subsequent Senate will face the same problem. It might take time and effort, but I encourage Members not to rest until this matter is concluded. Lastly, I do not see the reason why this House keeps on allocating billions of money to counties yet we cannot account for even 5 percent through oversight. I suggest another radical decision; that if possible, from the same money that is allocated to counties, the Senate should be given a percentage to oversight the same funds, otherwise we will continue grumbling here without a solution or a way forward as a Senate.

Sen. (Prof.) Kindiki, conclude.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I wish to donate one minute of my time to Sen. Haji.

That is okay.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, what the National Assembly has done is a criminal act.

It is an act of subversion of the law and the Constitution. It is an act that borders on juvenile delinquency. We have talked enough. I do not want to add more than my colleagues have done. I propose we do a kamukunji on Tuesday. We are not going to consider any other business from the National Assembly or from the executive until the Senate is given money to oversight counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, there was Kshs1 billion which was allocated to this House. That money has been squandered by Members of the National Assembly. These people are thieves.

Members of the National Assembly are very irresponsible. They are criminals. If Kenyans are mindful of their welfare, they should take these people to court. Where is the civil society? I plead with the reporters in the Public Gallery to report what I am saying.

Order, Sen. Haji! You are completely out of order. Finally, Sen. Kembi-Gitura!

Mr. Speaker, Sir, first of all, thank you for giving this debate ample time for the Senators to express themselves. It is a very serious issue. I had the privilege of sitting in the committee that was negotiating the rules and regulations. I am a bit saddened that Sen. Murungi is not here because I know the amount of work and time he has put into this issue with a view to bringing it to fruition. The last meeting we had with the Members of the National Assembly, they agreed with us that all the regulations were in order after we had sat and changed them to suit the requirements that they had in line with the law, including taking it to the Parliamentary Service Commission. I, therefore, agree with my colleagues here in the Senate who say that this has absolutely nothing to do with the law. We are lawyers. We sat there with the other lawyers from the counterpart committee and went through each and every legal aspect of the regulations and agreed that everything was in place. Where these things changed later, we can only leave that to conjecture. It has nothing to do with the law. It 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

What is it, Sen. Sang?

On a point of information, Mr. Speaker, Sir. It is not just about the billboards, we see adverts by governors telling owners of properties in counties that they have provided a waiver as governors. How is it possible that a governor can provide a waiver for payment of rates and rents to individual owners of properties? Of course, it is the county government that provides waivers not the governor himself. Therefore, these campaigns are beyond the billboards.

Mr. Speaker, Sir, that is very useful information. That is the point; these billboards and those waiver things all bear the picture of the governor and contain campaign slogans within them. These are the issues that even the committee that investigated the impeachment of the Governor of Murang’a County made clear. They said that no governor has the right to put his image or campaign slogan on any billboard or other material that uses public financing. It is going on with impunity. The reason why these things are happening is because the Senate has been rendered so impotent that we are unable to deal with every aspect of oversight that Article 96 bestows upon us. Therefore, this is important. I do not know what a joint committee will achieve. However, out of self-worth, we must go beyond that point and do what is right. We have elections next year. Come the next Parliament, we must have a Senate that is able to deal with matters of oversight much better than we have been able to. I plead with my fellow Senators who want to become governors. They must remember that we passed the Bill by Sen. Sang into law. They do not have to be reminded once they become governors that we do not need the law to actualize the tenets of what the Sang Bill meant. They can still run their counties when they become governors using the tenets and the ambience that we put into that Bill. That way, we can have oversight even without the law because the National Assembly will make every effort to frustrate what they will do once they become governors. We have a role to play. We have learnt in the last four years and we will learn, going forward to the elections, that it is for this country that we say the things we say and pass the regulations that we pass. Our aim is having oversight as part and parcel of devolution. Devolution is the future of this country. We must, therefore, nurture it to the best of our knowledge and ability rather than destroy it. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I rise to table a petition to the Senate on behalf of residents and flower farms in Naivasha Sub-county of Nakuru County on poor working conditions in flower farms. Mr. Speaker, Sir, this Petition touches on critical issues. (1) Handling of harmful substances (a) THAT, hundreds of Kenyans are trying to make a living in flower farms and are languishing in poverty, weakened health status and facing untimely deaths as a result of exposure to hazardous substances in flower farms within Naivasha, Nakuru County. (b) THAT the employers are blatantly flouting provisions of the Occupational Safety and Health Act which mandates them with the responsibility of providing protective clothing to employees within the zones that have hazardous substances. (c) THAT the employers have resorted to cutting operational costs relating to provision of protective clothing by forcing employees to use torn clothing, recycling of worn out clothes, purchase of substandard clothing from China that offers no protection even when new and offering sizes of protective clothing that do not fit the employees. (d) THAT the employers do not educate the employees on the expected side effects of handling each chemical and in all cases, employees are never given choices to evaluate which chemicals do not compromise further their already weakened health status. (e) THAT each chemical sprayed on flowers inside the greenhouses has an indicated period of time within which a greenhouse should remain tightly sealed and within which no human being should enter. Normally, it is 30 days. The employers have been forcing employees to enter such greenhouses before the 30 days are over to do pruning or spraying. This happens all the time and constitutes over 50 per cent of casualties in the flower sector. (2) Labour Remuneration and Welfare. (a) THAT the gross pay of a flower farm employee is Kshs7,500, which includes a basis pay of Kshs5,500 and other Kshs2,000 as housing allowance. This is standard pay that is never raised and is below the recommended minimum wage. (b) THAT the employees work for eight hours a day, six days a week. (c) THAT the flower farms do not provide healthcare in the form of medical allowance, pay sick leave and well equipped dispensaries with the capacity to handle health complications arising from exposure to hazardous substances. (d) THAT there is no career growth in the flower farms such as an employee who joined 10 years ago and the one joining today are paid the same salary. (e) That the employers do not provide any form of empowerment trainings in handling hazardous substances even when the manufacturers are willing. (f) That a form of slavery thrives in the flower farms where employees have no say and are fired instantly whenever they attempt to raise a concern. 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. Mutula Kilonzo Jnr.?

Mr. Speaker, Sir, in view of the numbers that we have, I propose, under Standing Order No.39, that you order that we do the six divisions before Senators leave. I have done a rough calculation and established that we have numbers.

Order, Members, I direct that we put that particular matter in abeyance and proceed to division because we have a feel for the numbers.

Let the Division Bell be rung for a minute.

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

What is it, Sen., Mositet?

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, from the contribution of the Senate Majority Leader, we had agreed to suspend anything to do with voting for the Bills and all that.

Order, Sen. Mositet! Both of us were in the House and I heard the Senate Majority Leader clearly. He said after the Kamukunji and this is not a kamukunji . Order, Senators, obviously, Sen. Mutula Kilonzo Jnr. did not do his arithmetic well. We are unable to raise the numbers. So, I will not invoke Standing Order No.39 but we will go back to where we were. That is Order No.4 which is Petitions. ( Resumption of Petitions) Order, Members, Sen. Wangari presented a petition. Under Standing Order No.2, I will allow comments, clarifications and observations on the same.

Order, Sen. Moi! Hon. Senators, pursuant to Standing Order No. 227(1), the Petition stands committed to the relevant Standing Committee, in this case, the Standing Committee on Labour and Social Welfare. In terms of Standing Order No. 227(2), the Committee will be required in not more 60 days from the time of reading the report, which is today, to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate.

On a point of order, Mr. Speaker, Sir. You have ordered that the Petition, through Sen. Wangari, be brought to the House in 60 days. That is exactly what you have ruled in more than a 100 petitions that are still pending one or two years later. The people who make these petitions, like the flowers pickers in Naivasha, must have a good reason why they seek the intervention of the Senate to deal with their case. They believe and trust that we will come up with a solution for them. It is, therefore, frustrating when it takes two years or goes beyond the Session and nothing happens. I kindly and humbly request you to make a ruling to the committees that are dealing with the petitions to adhere to the Constitution and our own Standing Orders, to make sure that the reports on the petitions are laid on the Table of the Senate in good time or give a reason for not tabling the reports and then seek an extension, assuming that it is possible to give an extension under the Standing Orders. It is frustrating to the people who seek answers from us and not get them.

Mr. Speaker, Sir, would I be in order to suggest, the same way we suggested to the Senate Majority Leader and he partially complied, that a tracker on the pending petitions be presented on Thursday? I am aware that the Committee on Legal Affairs and Human Rights has cleared its deck on all petitions. 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, Members. Obviously, that has nothing to do with this particular Petition because it has already been committed. However, for purposes of the way we deal with petitions, I will take the suggestion by Sen. Mutula Kilonzo Jnr., so that we have a record of the correct position. On that basis, we will interrogate, but suffice to say that we have already raised the same concern that has been raised by the Deputy Speaker with all the committees that have the business of petitions pending for far too long. I am also aware that there are more petitions than we had anticipated, and because of workload concerns, they have not been able to prosecute them. It is true that the country looks up to you when they bring the petitions; they are looking for remedies. We should not delay them because justice delayed is justice denied. I appeal to the committees to take petitions seriously and device mechanisms to expedite them, like the Committee on Legal Affairs and Human Rights. I want to commend the Committee on Legal Affairs and Human Rights for that assurance and expediting all the petitions before them. That should apply to all the other committees, in particular, the Committee on Labour and Social Welfare. Order, Members! I also have two other petitions. ABUSE OF OFFICE ALLEGATIONS AGAINST THE CLERK OF BUSIA COUNTY ASSEMBLY AND MEMBERS OF THE BUSIA COUNTY ASSEMBLY SERVICE BOARD

Hon. Senators, pursuant to Standing Order No.220 (1) (a) and Standing Order No.225 (2) (b), I hereby report to the Senate that a petition has been submitted to the Senate, through the Clerk, by members of Busia County Kengele Forum concerning the abuse of office allegations against the Clerk of Busia County Assembly and Members of the Busia County Assembly Service Board (CASB). Among the allegations set out by the petitioners are:- (a) that the Clerk and Members of the Busia County Assembly Service Board, against the advice of three committees of the county assembly, recruited staff far above the number required by the Assembly and above the staffing caps set by Salaries and Remuneration Commission (SRC); (b) that the employment, promotion and remuneration of staff at the Assembly is based on tribalism and nepotism as opposed to merit; (c) the County Assembly Service Board (CASB) engaged in corrupt tendencies and abuse of office when it single-sourced a contractor to renovate the Assembly Chamber and in varying the cost of the tender; and, (d) that the Speaker and the Clerk of the Assembly erred in committing to the Assembly to a fraudulent insurance scheme for staff, where the provider was paid for eight months without having rendered any services to the staff of the Assembly. Consequently, the petitioners pray that the Senate investigates these matters and makes appropriate recommendations thereof. Hon. Senators, pursuant to Standing Order No. 226, I shall allow comments, observations or clarifications in relation to the petition for not more than 30 minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators pursuant to Standing Order No.220 (1) (a) and Standing Order No.225 (2) (b), I hereby report to the Senate that a Petition has been submitted, through the Clerk, by 33 former employees of the Premier Oil Mills Limited regarding the non-payment by the company of redundancy dues, statutory deductions and other monies owed to them. In their Petition, the petitioners state:- (a)that in June 2016, the employees of Premier Oil Mills Limited were served with redundancy notice and were to paid their final dues by 23rd August 2016; (b) the former employees further discovered that the company had not been remitting statutory deductions to the National Social Security Fund (NSSF), the National Health Insurance Fund (NHIF), as well as Sacco deposits deducted from their salaries; and, (c) that the company is yet to effect payment of the said redundancy, statutory and other dues owed to the former employees despite their best efforts to have their dues paid. Consequently, the petitioners pray that the Senate investigates this matter and intervenes to have the said payments effected by the company. Hon. Senators, pursuant to Standing Order No.226, I shall now allow comments, observations or clarifications in relation to the Petition, for not more than 30 minutes combined for both petitions. The Petition by Sen. Wangari is already committed to the Committee.

Mr. Speaker, Sir, I may be late, but I want to makes some comments on the Petition by Sen. Wangari.

Order, Sen. Obure! I wish to confirm that it is not just ‘may be’; you are too late. This is not a forum for shopping for what to say. You must have the intention to do so. Hon. Members, the Petition by Busia County Kengele Forum concerning abuse of office allegations against the Clerk of Busia County Assembly and the Members of the Busia County Service Board stands committed to the relevant Standing Committee, in this case, the Standing Committee on Labour and Social Welfare. The Petition by former employees of Premier Oil Mills Limited stands committed to the same Committee on Labour and Social Welfare. In terms of Standing Order No.227 (2), the Committee has not more than 60 days to report to the petitioners and to lay the report on the Table of the House. Next Order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order Members! On statement (a), there was an understanding with Sen. Sang that it should come tomorrow. Sen. Sang, we need to save time.

Mr. Speaker, Sir, I was informed of the unfortunate situation where some pages of the statement are missing. I hope it was not an attempt to scuttle the issuance of that statement.

Order, Sen. Sang! That statement (a) will be issued tomorrow afternoon.

Next statement! Sen. Sang, I do recall my yesterday’s directives.

Mr. Speaker, Sir, I informed the Chair but I tried to look for the Majority Leader and I did not find him.

Order, Sen. Sang! Is your search and rescue mission not extending up to now? Your neighbour is confirmed to be the Senate Majority Leader.

Mr. Speaker, Sir, I kindly request for two minutes to inform the Majority Leader over the same.

Let us go to statement (c) as they consult although they have been here for the last three hours.Both the Chair and Sen. Khaniri are not there. We push it to tomorrow. REGISTRATION OF PERSONS WITH DISABILITIES

The next statement is (d) but both the Chair and Sen. (Prof.) Lonyangapuo are not there. We push it to Tuesday next week. CIRCUMSTANCES THAT LED TO INJURING OF GOVERNOR ISAAC RUTTO

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.) Kindiki): Mr. Speaker, Sir, I have been updated on the direction which the Chair had given yesterday on statement (b). I undertake to inform the Chair of the Committee and in case he has any difficulties; I also undertake to support him so that we can issue the statement on Tuesday next week.

It is so ordered. Next order! What is it Sen. Cheruiyot?

Mr. Speaker, Sir,I want to seek a statement.

Proceed. INCREASED NUMBER OF POLICE CHECK POINTS ON MAU-SUMMIT-SOTIK ROAD, KERICHO COUNTY

Mr. Speaker, Sir, I rise pursuant to Standing Order No. 45 (2) to seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations on the increased number of police check points along Mau Summit-Sotik road in Kericho County. In the statement, the Chairperson should address the following:- (a)Why is it that for a distance of less than 80 kilometers, there are more than 15 check points which are inhibiting the free flow of goods and services? (b) Could the Chairperson also confirm if they are aware that the said officers are contravening Section 69 (a) of the Traffic Act by mounting the check points on non- gazetted zones? (c) Is the Chairperson aware that these check points have been turned to corruption zones where traffic officers are collecting bribes in broad daylight without even inspecting the said vehicles? (d) Is the Chairperson aware that tea farmers are bearing the greatest loss of crop rejection by factories since the vehicles transporting their products get stuck in these unnecessary check points and are not allowed to move until they have paid a bribe on a daily basis? (e) Could the Chair also supply the list of the gazetted check points within the county?

Sen. Sang!

Mr. Speaker, Sir, this problem in Kericho County goes all the way to Nandi County, and I believe a number of the counties have the same problem. As a rider, could the Chairperson indicate all the gazetted check points with regard to Nandi County?

Chair! The Senate Majority Leader! 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.) Kindiki): Mr. Speaker, Sir, we can issue the statement on Wednesday next week.

It is so ordered. Members, you will notice that Order Nos.8-22 are divisions. For Order No.20, there are still consultations going on the proposed amendments. Therefore, the Committee has requested it to be deferred. This matter must be concluded by Tuesday. This Bill must be disposed of on Tuesday. We cannot enter inconclusive discussions. The Orders I have read from No.8 to 19 will appear in tomorrow’s Order Paper.

Sen. Wetangula was on the Floor and had a balance of 55 minutes. With the indulgence of the Speaker, we have agreed that he will defer his contribution to the next available opportunity. So, this is open for any other Member to start contributing. Order, Members! This matter will still come back next week. Sen. Sang, you have to perform some other functions. You are feted with the title to the order of the Minority Leader.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, the Senate do adopt the report of the Standing Committee On Roads and Transportation on a Stakeholders’ Forum held on 3rd February 2016 at Safari Park Hotel, Nairobi and laid on the table of the House on 14th April 2016. The report was as a result of the Committee performing its mandate. As per the Standing Order No.208 of the Senate, the Committee is mandated to consider all matters relating to transportation and roads, public works, construction and maintenance of roads, rails, buildings, air, seaports, housing and communication. It was due to this mandate given to us, as a Committee, that the Committee resolved on 9th July, 2015, to hold the said forum. This was after visiting various counties to oversee the work plans and everything that was being done by the various stakeholders dealing with our mandate. A general observation was that many stakeholders within the counties faced the same challenges and that is why we agreed to bring them together to avoid duplication of work and cut down on cost so that we forge the way forward. At the forum, we observed that the national Government through the Cabinet Secretary for Transport and Infrastructure had spearheaded the classification of roads which resulted into various issues. There are various complaints that consultation was not done properly. The classification was not done in accordance with the Constitution thus it violated some of the provisions of the Constitution. The matter culminated to a suit at the High Court where the then Transition Authority (TA) was instructed to implement the findings of the High Court case so that they could deal with the road classifications properly and prepare a register which was to be handed over to the Ministry of Transport and Infrastructure. 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 second the Motion.

Mr. Temporary Speaker, Sir, thank you for giving me the opportunity to support the Report. The Committee has done a good job. This will draw a clear line between Members of Parliament (MPs) or the people in leadership who are entrusted with public funds to construct roads in this country. As it is now, it is confusing whereby you cannot understand who is to be held accountable for which road. When doing monitoring and evaluation in your oversight role as a Senator, you do not know who to hold accountable for a particular road. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, thank you for giving me this chance to contribute in support of the Motion on the infrastructural development, particularly in roads. My support is drawn from my vast experience in development, any kind of population expansion, urbanisation and industrialisation. A road is a very important component of development. There is no way that we can do without roads and think of development. Roads are the inter-linking way of connecting either one town to another or a county to another. This can even be drawn in the parallel experience in the United States of America (USA) where you will find inter- state roads which connect one state to another. There are others called inter-continental roads which connect maybe USA and Canada. The roads are maintained by various governments responsible for them. In a state, you will find state roads. That is what should be happening here in Kenya, but it is not. Some roads are meant to be Class A roads like A1 from Namanga to Moyale and Addis Ababa, hence called the Great North Road. Others are in Category B and C. You realise that some areas have C roads which are more developed than B-roads in other counties. Mr. Temporary Speaker, Sir, this Motion is trying to seek a way of upgrading roads. So, if it is an A road, all of them in Kenya must be tarmacked. If it is a B road, there is no way that we can tarmac C roads and leave B-roads. There must be a very good reason for that to happen. In Kenya, that is not happening. The Motion is very good because it will tell us which road will be tarmacked after the first one has been done. If it is A road to be done, B road will be done after that. Feeder roads should also be classified on their own because they connect villages and they should be left to either county governments, MCAs or MPs. There must also be distinct classification so that we get to know which roads are supposed to be repaired and maintained by the area MPs, which ones are supposed to be done by the governor and the national Government in this case, the Senator. We should also make sure that the Senator has a role to play. Where anything reaches the national Government, let it be dedicated to the Senator because there is a Senator who looks and solicits for the funds of that county. 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 would like to support the Motion for adoption of this Report of the Standing Committee on Roads and Transportation. As a Member of the Committee, I attended the workshop during the Road Stakeholders Forum which was held at The Safari Park Hotel on 3rd February, 2016. The Forum was convened to address a very serious issue because as we know, for any country to develop, the infrastructure has to be in place. One of the infrastructures which have to be in place is the roads. In this case, we had to get the stakeholders together. These were the State departments concerned and the Council of Governors (CoG) which is the second level of government. The CoG has a stake in this because in the Fourth Schedule of the Constitution, the roads function is shared between the counties and the national Government and the Constitution defines roads in Kenya as national trunk roads and county roads. If I could remember, counties had agitated to have the roads function transferred to them. We got 39 counties which asked that the roads function be transferred to them and the Senate instructed the Transition Authority (TA) to do the same. The TA had asked the Attorney-General to ensure that but since it was not done, the CoG ended up in court and the court instructed the same to be done. The TA has gazetted roads stating very clearly what county roads and national trunk roads are. The Gazette Notice states that Classes 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

Thank you, Mr. Temporary Speaker, Sir. I have looked at the Report which the hon. Member has presented to this House and it is encouraging, and so are the last remarks by the Member of the Committee who has spoken before me. Everyone is aware that we need roads in various places. The people who did projections did not envisage population growth. The roads that were tarmarcked by the Europeans who owned coffee estates are now dilapidated. At that time, the elites were settled at the central and traditional districts like Nyeri, Murang’a, Embu and Kiambu. All these areas are traditional districts which benefited a little. The black people could not enjoy good roads because most of them did not have cars. A good number of Kenyans are now educated. We should deal with the affairs and problems that we have based on international standards. There is comparative advantage for tourists and investors who visit our country. We need to construct good roads so that people can easily transport their produce to the market. I found some ladies harvesting in their small shambas and they told me that they could not sell their produce because they cannot access the market. They also told me that middlemen buy their maize at Kshs2,100 per bag, which is less than the Kshs3000 per bag that they would get if they took it to the market. Our people are making losses yet they elected leaders to represent them in the National Assembly and the Senate. Mr. Temporary Speaker, Sir, the things that are important to the people who elected us always take the back seat. It is so unfortunate and we should blame ourselves as Members of these powerful institutions because the people gave us the power to represent and defend them through these institutions. As a leader, you should help your people through good and bad situations. Therefore, the philosophy of road making did not just happen. It came about because of population growth. We need to construct good roads so that the local people are able to access the markets and sell their products. In 2014 there was a problem between the county governments and the national Government on who should manage the construction of roads. In some areas, county governments pretend to have done some roads which were already done by the Kenya Roads Board (KRB). The Committee on Roads and Transportation needs to investigate to make sure that county governments perform the roles that are set out for them. County governments like Kakamega and Turkana which get about Kshs10 billion can afford to tarmac roads. However, counties like Laikipia, that get less than Kshs8 billion are not able to construct good roads. What kind of road can you tarmac with such a small amount? What kind of road can you open up other than following what you found? If you are following what you found, you assume this district remains stagnant 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. May the Mover now reply since we have no other interest to contribute on this matter?

Mr. Temporary Speaker, Sir, I wish to thank my colleagues who have contributed and supported this Motion. We, as a Committee, appreciates that infrastructure is very important because it opens up many opportunities for our people. Definitely, an effective infrastructure will help us to improve our economic and social status. The Government is currently implementing devolution as it is anchored in the Constitution. Therefore, it is imperative that everything must be done and nothing should be left to chance. However, we have seen the duplication of roles that leads to wastage of resources in this country. For example, we have many authorities and bodies dealing with classification of the same roads. We saw it the first time we visited Makueni County. This happens also with the national Government. We have the Kenya National Highways Authority (KeNHA), Kenya Urban Roads Authority (KURA) and Kenya Rural Roads Authority (KERRA). These authorities duplicate their roles when dealing with roads in the counties and also at the national level. Mr. Temporary Speaker, Sir, we had the famous Sang Bill which did not see the light of the day. Probably, this Bill would have dealt with those issues. These are the issues that we have to be clear with when dealing with stakeholders on the roads sector to ensure that there is harmonization in their duties. Therefore, we encourage having consensus other than having litigation as this wastes time.The stakeholders also proposed alternative dispute resolutions to assist them in handling some of these of petty issues that may arise. The real bone of contention is devolving road services from the national Government to the county governments. We want more resources devolved at the county level so that county governments can do roads. We should not accuse them of failing to do their job of improving infrastructure in their counties. It is a pity that the national Government advises them to take one step at a time. Those are the things we are grappling with. We have held stakeholders’ meetings across the counties and we shall be reporting the progress in due course. We are moving in the right direction. Where we have failed to agree, we shall bring it to the Plenary so that more brains can help us. With those few remarks, I beg to reply.

Hon. Senators, in accordance with Standing Orders No.72, I determine that this is a matter not affecting counties because it is a Committee report. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, the Senate notes the Report of the 133rd and 134th Assemblies of the Inter-parliamentary Union and Related Meetings held between 15th to 21st October 2015 in Geneva Switzerland and 17th to 23rd March 2016 in Lusaka, Zambia, respectively, laid on the table of the House on Wednesday, 8th June 2016. The Temporary Speaker, Sir, I would like to give the highlights of Inter-Parliamentary Union (IPU), the world organization of Parliaments. It is a global forum for parliamentary dialogue, cooperation and action. The IPU advances democracy and assists Parliaments and parliamentarians throughout the world to fulfill their mandates. The IPU facilitates parliamentary debate, dialogue and cooperation and also promotes and defends democracy and the rule of the law while assisting parliaments in coping with an ever growing international agenda relevant to their duties. As a focal point for worldwide parliamentary since 1889, the IPU works towards peace, cooperation among peoples and for the solid establishment of representative institutions. Specifically, the IPU aims at- (i) Fostering contacts, coordination and exchange of experience among Parliaments and Parliamentarians of all countries. (ii) Considering questions of international interest and express its views on such issues with the aim of bringing about action by Parliaments and their Members. (iii)Contributing to the defence and promotion of human rights which are universal in scope and respect for which is an essential factor of Parliamentary democracy and development. 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 allowing me to second this comprehensive Report taken by our well educated Members led by the Speaker, Hon. Ethuro. The volume speaks for itself. This is a document rich in ideas and what was discussed in Geneva and Lusaka. The reason why Geneva was picked as one of the venues for IPU meetings is the significance given to the town and the country. That tells us a lot about how Kenya should be respected. Geneva is in Switzerland. According to what is known internationally, Switzerland is a no conflict country. It is neutral. During the two world wars, Switzerland never participated in any war. That is the reason why you find most meetings and conventions are held in Geneva, Zurich and Baan because of its neutral nature. Mr. Temporary Speaker, Sir, Parliament was represented by a powerful delegation led by the Speaker of the Senate. I have read the Report. It is pleasing to note that all those who attended the conference were elected to various positions. Some were elected to be executive members, members of the various committees and rapporteurs. 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 support the Report of the Inter- Parliamentary Union (IPU). As I support, I want to register my concerns that I have identified some gaps within the Report that should be taken seriously. I tried to lobby while I attended the United Nations Convention on the Rights of Persons with Disabilities (UNCRPD) for persons with disabilities in Geneva so as to know why persons with disabilities are not part and parcel of the IPU. There is a letter that came from Inter-Parliamentary Union (IPU) to the Senate requesting information on how far the Kenyan Senate and other member countries have reached. The reason why I want to raise this - and want to be part of the issues that can be taken back - is that when you talk about the Sustainable Development Goals (SDGs), initially Millennium Development Goals (MDGs) left out persons with disabilities leaving them in poverty. Now, SDGs mention persons with disabilities 11 times showing there is some seriousness in including persons with disabilities in SDGs. 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. Sijeny!

Thank you, Mr. Temporary Speaker, Sir, for giving me the opportunity to comment on this Motion. I wish to commend the team that went to the IPU Conference. This is a good practice and we should encourage it. When we send people to represent us, to engage, to learn and share the experiences with other like-minded countries, it is good they come and disseminate the information to us because all of us cannot travel. I am happy that the team that went took leadership positions. They were not there for joyride but they became active and participated properly. The forum found it fit to elect one of our own, Sen. Mutula Kilonzo Jnr., who is the Vice President in the Wiper Democratic Movement, where I am a Member. He was elected as a co-rapporteur. That shows that they have faith in him. He showed skilled leadership and expertise. This helps me because we have been fighting for gender parity which is now being championed by one of our own and a man of the opposite gender. This means when I bring the Gender Bill or anything about women reproductive healthcare, people should not think I come from a different atmosphere. I am talking about the international discourse. These are things that are done by other nations. This will ensure we are not left behind. Mr. Temporary Speaker, Sir, I wish to commend the people who represented us at the IPU Conference. I have gone through the Report, and I support it. Thank you.

Since there are no more interests, I call upon the Mover to reply.

Mr. Temporary Speaker, Sir, I must say I am proud because you have been part of the delegation to Geneva and you know what happens there. When we get there, we have to work hard to represent our country so that we give our country a good image. About the question of disability; we shall take it on board when we go to the IPU Conference next time and it will be among the proposed items that Kenya will take to IPU. Each time we go for the Convention, you propose an emergency item that you think is very serious. For example, last time we had terrorism, cyber-crime and many 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 Standing Orders No.72, I determine that this is not a matter affecting counties.

Hon. Senators, there being no other business, the Senate now stands adjourned until Thursday, 24th November, 2016, at 2.30 p.m. The House rose at 6.20 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