Sen. Karaba, I am told you have a Petition.

Mr. Speaker, Sir, it is a Report.

A Report on what? Approach the clerks-at-the Table to assist you. WITHDRAW OF THE CYBER SECURITY AND PROTECTION BILL, 2016

Mr. Speaker, Sir, I rise in accordance with Standing Order No.145 (1) on withdrawal of Bills. We had published the Cyber Security and Protection Bill, 2016. We have subsequently consulted extensively with the Government and other stakeholders and agreed to republish a Bill that includes the views of everybody. We will not do that if I do not rise on Standing Order No.145 (1) to withdraw the Bill so that we can republish it.

Order, Members! I direct that the Bill be withdrawn and then subject to Standing Order No.145 (3) you may reintroduce it.

Thank you, Mr. Speaker, Sir. REPORT ON PETITION: MISMANAGEMENT OF ECDE SECTOR IN LAIKIPIA COUNTY

Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- Report of the Standing Committee on Education on a Petition on the mismanagement in the early childhood development sector in Laikipia 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. Speaker, Sir, I beg to lay the following Paper on the Table:- Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by members of the SOCATT regarding the annulment of Regulations 25 (1), 37 and 38 of the Public Finance Management County Governments Regulations 2015. REPORT ON PETITION: REJECTED GARISSA COUNTY GOVERNMENT BUDGET ESTIMATES FOR FY 2016/2017 Report of the Senate Standing Committee on Finance, Commerce and Budget on the Petition by Members of Garissa County Assembly on rejected Garissa County Government budget estimates for the Financial Year 2016/2017

Proceed, Sen. Karaba.

Mr. Speaker, Sir, I am waiting for the Papers to be brought anytime now so that I can lay them. REPORT OF ICT COMMITTEE ON WORK PLANNING RETREAT HELD IN KILIFI

Mr. Speaker, Sir, I beg to lay the following Paper on the Table:- Report of the Standing Committee on Information, Technology on work-planning retreat held in Kilifi County from 30th August to 2nd September, 2016.

Mr. Speaker, Sir, I rise on behalf of the Chairman of the Committee on County Public Accounts who is not in the House at the moment to lay the following Papers on the Table:- REPORT OF THE SBC ON COMPLAINT BY GOV. KIDERO ON THE CONDUCT OF SEN. MBUVI SONKO Report of the Senate Business Committee on its enquiry into a complaint that was made by the Governor of Nairobi County, Dr. Evans Kidero, regarding the conduct of Sen. Mike Gideon Mbuvi Kioko Sonko. 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 beg to give Notice of the following Motion. THAT, this Senate adopts the Report of the Senate Business Committee on its enquiry into a complaint that was made by the Governor of Nairobi County, Dr. Evans Kidero regarding the conduct of Sen. Mike Gideon Mbuvi Kioko Sonko laid on the Table of this House today, Thursday, 1st December, 2016.

Hon. Members, before we proceed to the next Order, I have a Communication on a message from the President seeking approval of Parliament for appointment of Mr. Suresh Patel, Mr. John Kioli, Ms. Cynthia Wechabe and Dr. Jane Mutheu Mutune to the National Climate Change Council. Hon. Senators, pursuant to the provision of the Standing Order No.42 (1) of the Senate, I wish to convey a Message from His Excellency the President asking Parliament to approve the following nominees to the National Climate Change Council:- (i) Mr. Suresh Patel (ii) Mr. John Kioli (iii) Ms. Cynthia Waichage (iv) Dr. Jane Mutheu Mutune In the Message, His Excellency the President conveys that; in exercise of powers vested in him under Section 7 of the Climate Change Act, 2016, he has nominated the said persons from the entities listed in sub-section 2, (f), (g), (h) and (i) of the Act respectively. Further, section 7 (4) of the same Act, provides that the names of the persons nominated for appointment under sub-section 2 (f), (g), (h) and (i) shall be submitted to Parliament for approval before appointment. 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, pursuant to Standing Order No.45(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on National Security and Foreign Relations on the killing by the police of Mr. Stanislaus Namayi Mukoma. Until the time of his death, he was a motor cycle mechanic at Shibale in Mumias, Kakamega County. He hailed from Mushikosi Village, Ishibanda Sub- Location of Kisa South Location of Khwisero Sub-County. In the Statement, I would like the Chairperson to explain the following:- (a) What were the circumstances leading to his shooting and being set on fire by the police? (b) What support will the Government give to the two widows and seven children that Mr. Namayi has left behind? (c) Whether the Government will underwrite the hospital and funeral costs of the deceased? (d) What action is being taken against the police officers who shot him and, thereafter, set his body on fire? (e) Whether the Government will compensate the family of the deceased for the spare parts in his shop that were burnt when his shop and garage were razed down on that day?

Mr. Speaker, Sir, I am not requesting for a statement, but I rise under this Order ---

Order! I thought it was something in addition to Sen. (Dr.) Khalwale’s. Vice Chairperson of the Committee on National Security and Foreign Relations, when can you bring a response to that?

Mr. Speaker, Sir, I request two weeks to respond to that Statement.

Mr. Speaker, Sir, we are trying to bury this youth the coming week. While waiting for those two weeks, could the Vice Chairperson undertake to make a contribution to his two widows because it is your police officers who killed him and set his body on fire?

Mr. Speaker, Sir, Sen. (Dr.) Khalwale is asking for something that is beyond my authority, and I believe that of the relevant authority as well. I request him to give us more time to investigate this matter.

Mr. Speaker, Sir, on which one? Sen. (Dr.) Khalwale’s or I now raise mine?

Sen. (Dr.) Khalwale’s matter has been disposed of. 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 rise under this Order of Statements just to raise a protest on the Floor of the House. As we all know the Session is coming to an end. On the Order Paper today, we have an Adjournment Motion that will mark the end of this Session and we will resume next year. We all know that at the end of the Session, unfinished business normally dies. If you have to bring it, you do so afresh. I want it to be on record that during this Session, I have requested for 18 Statements, out of which, only six have been responded to. Twelve Statements are still pending. Most of them are with the Committee on Finance, Commerce and Budget, some with the Committee on National Security and Foreign Relations and others committees. Some of these Statements were requested as early as February this year. I know that some of them are ready like the one on the mining by COVEC Company in Maragoli. However, it has not seen light of the day. I received it close to two months ago, but it has never been on the Order Paper all this while. I know the Statement on the registration of People with Disabilities (PWDs) was ready more than two months ago but it has never been scheduled for issuance. When I look on the Order Paper, I see some of my colleagues – I am not envious or jealousy – who have many statements to be issued. Like today, there is a colleague who has five Statements requested by one Senator that are supposed to be issued. I have 12 Statements pending. Mr. Speaker, Sir, I need your ruling on this because the Session is coming to an end. I did my job as the Senator, requested for these various statements some of which are very important and of national interest like the Statement on the new regulations on interest rates and the funds that were set aside by the Government to mitigate on the ElNino effects. These are very important Statements that I expected would be disposed of. I seek your guidance on this matter.

On a point of order, Mr. Speaker, Sir. Sen. Khaniri is not alone in that regard. Could you consider in your ruling, directing the chairpersons to give us the written answers even when we are on recess? That way, we can at least have something with which to approach the people who elected us. I say this with reference to many statements like my colleague has said, but specifically on the collapse of a section of Bukhungu Stadium. I would be happy to have the written Statement so that as I meet the two million people of Kakamega County, I will tell them what the Government is doing about the collapse of the Kshs1 billion project. Mr. Speaker, Sir, I would request that you seriously consider it because this is what makes this Senate weak; that a governor can preside over a project of Kshs1 billion, it collapses and nothing happens.

Order, Members. I sympathize with the position and the frustrations of Sen. Khaniri, having worked so hard to seek 18 Statements and he only got six responses. There are two others which are ready, but the Chairpersons of the Committees have failed to prosecute them because they were not on the Order Paper. I am not sure whether the support by Sen. (Dr.) Khalwale measures to that particular magnitude. Sen. (Dr.) Khalwale has made one reasonable request and I will grant him. I direct that for all the pending Statements, the Chairpersons should actively continue to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I have heard your statement on that. However, I want to clarify a couple of issues on Statements and Petitions before our Committee because the Member mentioned that many of them are with the Committee on Finance, Commerce and Budget. He mentioned the two issues of El Nino and interest rates as the questions he had sought. The question on El Nino was discussed in this House and I presented the response. It may not have been satisfactory, but I presented it. The argument by the National Treasury was that money has been disbursed to Ministries to spend on El Nino . Regarding the issue of interest rates, we have given many Statements that had been sought. To the best of our knowledge, the tracker that has been given and which we discussed last week in our Committee shows that we do not have any pending Statements, except the one by Sen. Ndiema on the counties whose money is in the collapsed banks. I will deliver it today as directed by you. Mr. Speaker, Sir, the Committee on Finance, Commerce and Budget only has four Petitions left. One of them is from a Member of County Assembly (MCA) from Busia County regarding a ward. We agreed to visit that ward early next year to see some of the issues that they raised. Because of the nature and complexity of the Petition from Bungoma that the Senator is party to, it had to drag because there are many issues, including huge amounts of money that they were not able to account for. They have been given time to produce evidence. The issue of Vihiga County is a court case. The Governor of Vihiga has refused to honour the summons for two months in a row and the matter has gone to court. In fact, this morning, we were briefed by the Legal Department that the matter is still in court. Therefore, we are not able to execute that petition. That leaves us with only one from 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

On a point of order, Mr. Speaker, Sir. It is in respect of the important last comment by the Chairperson of the Committee on Finance, Commerce and Budget, that after his Committee ordered for arrest, the Governor of Vihiga went to court and got an order to stop his arrest. Under the Constitution, this Committee is vested with the powers of the High Court. It was sitting as a quasi judicial organ. If it is vested by the powers of the High court, is it possible that another High Court can veto a decision of the Committee? Mr. Speaker, Sir, it would be important that you make a considered ruling. I do not see a situation where the High Court sitting in Kakamega can make a decision about a criminal, who then goes to the High Court in Mombasa, which issues orders as it is an appellant. Mr. Speaker, Sir, we ask you to make a decision so that we know whether the powers of the High Court that we have given under Article 125 of the Constitution are subordinate to the powers of the High Court as provided for in the same Constitution. I thank you.

That is a very important matter that requires further deliberation. So, I want to invite Sen. Mutula Kilonzo Jnr. to say what he has to say.

Mr. Speaker, Sir, Article 125 is a question of interpretation as to whether the person approaches the court for violation for a fundamental right in which the High Court enjoys an unlimited jurisdiction. In the case of violation of any constitutional issue on fundamental rights, the High Court then would have jurisdiction. It is just a question of interpretation, but to the extent that the High Court can attempt to injunct the Senate under Article 125, that, in my view, would be what we call an order issued per incuriam. It means issued in ignorance of the law.

Order, Sen. Mutula Kilonzo Jnr.! I hope the Members who are asking for more information will be ready also to receive the invoice. Sen. Mutula Kilonzo Jnr., the issue raised by Sen. (Dr.) Khalwale is the issue of the competences of courts of similar standing. So, that would be looked into in the future, Sen. (Dr.) Khalwale. It is an interesting area. 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 assure you none of my neighbours has canvassed for me to speak. However, in view of the very important issue that has been raised by Sen. (Dr.) Khalwale, would it be in order for you to instruct not necessarily the Members here, but the legal team that represents the Senate to proceed to court and challenge that matter as proposed by Sen. (Dr.) Khalwale?

I had promised to consider the matter. First, of course, is to look at the legal provisions and have our own understanding as an institution. On that basis, it is possible to effect your suggestion. So that will be part of the package.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 45 2(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Education regarding the publication and distribution of books and other educational materials to primary and secondary schools. In the Statement, the Chairperson should: (1) Explain the process of publication and distribution of books and other educational materials to public primary and secondary schools under the free basic education programme. (2) Explain the roles of the following institutions in the publication and distribution of books and other educational materials. (a) Kenya Literature Bureau; (b) Kenya Institute of Education; (c) Kenya Schools Equipment Scheme; (d) Jomo Kenyatta Foundation; and (d) The Heads of Public Primary and Secondary Schools. (3) State the total budgetary allocation to the free basic education programme since 2003 and indicate the corresponding budgetary allocations to the Kenya Literature Bureau, Kenya Institute of Education, Kenya School Equipment School (KSES), Jomo Kenyatta Foundation and all public schools for the publication and distribution of books and other educational materials. (4) State the books and the learning materials to pupil ratio since the commencement of the free basic educational programme. (5) Explain the initiatives and the strategy the Ministry of Education is pursuing to integrate ICT in the publication and distribution of books and other educational materials of public schools. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I will be able to issue that Statement as soon as we reconvene after recess. There is enough time between now and February. I am happy with the Ministry of Education which today released the Kenya Certificate Primary Education (KCPE) results. For the first time, there is not a single student whose result has been cancelled. Therefore, through the Chair, allow me to commend the Minister for Education for doing a commendable job. This is the first time since Kenya gained Independence in 1963, examination results are released without cancellation of any sort. During the examination period, there was no leakage in the KCPE examinations. Therefore, not a single pupil was disqualified.

Order, Senator! You are prosecuting a very important matter in a very casual manner. I direct that at some stage this afternoon you will make a statement about the KCPE 2016 results to this House in an appropriate way. Kenyans are happy that we have capacity. All we lack is commitment. Once you have that commitment, anything can be done well in this Republic. That needs to be appreciated.

Thank you, Mr. Speaker, Sir. The Hon. Sakaja and I, organised for the young men and women in the Gallery to come to Parliament. Hon. Sakaja as the Chairperson of the Joint Committee of National Cohesion has demonstrated that we might disagree politically as politicians, but when we sit to have a cup of tea, we share a good laughter. Thank you.

Order, Sen. Mutula Kilonzo Jnr. How do you compare disagreement to a cup of tea?

Mr. Speaker, Sir, it is a phraseology like the one I used yesterday about the singing and birds. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Senator! This is different.

Yes, Mr. Speaker, Sir. Those listeners who participate in radio broadcast do not sometimes understand that when people are exchanging views, they are not necessarily enemies. There is a misapprehension about what happens in Parliament. Therefore, Radio Jambo will be the first radio station to air that show this evening from Parliament Buildings live.

That is better. The concern was that when you have a disagreement, you can only have a cup of tea instead of creating an opportunity to deal with the differences or say that in spite of the differences, it is not personal enmity. Assure people that you can sit, talk and share.

Mr. Speaker, Sir, I also wish to join my colleagues in welcoming the visiting delegation. I am a regular listener to a radio talk show that Junior and Hon. Sakaja feature as guests.

Order, Sen. Cheruiyot! There is no Senator in this House known as Junior.

Mr. Speaker, Sir, my apologies. I was referring to Sen. Mutula Kilonzo Jnr. I am a regular listener to that talk show though I hardly ever agree with what Sen. Mutula Kilonzo Jnr. normally says. Many times, he misleads the country while Hon. Sakaja is very often right in the things he pushes. Therefore, I welcome them to the Senate.

Mr. Speaker, Sir, I appreciate the visit of Hon. Sakaja and his team to the Senate. I am sure he has noticed the difference between the Senate and the National Assembly and especially the manner in which business is conducted in this House. I hope he will transmit this information he has so far learnt to the other House.

Mr. Speaker, Sir, I join you in welcoming my fellow Radio Jambo listeners and the team that has been brought here by my friends, Hon. Sakaja and “Kilonzo Jnr.” We thank the Media as a Senate---

Order, Senator! Again, there is no Kilonzo Jnr. There is Senator.

Mr. Speaker, Sir, the junior Senator Mutula Kilonzo.

Sen. Mutula Kilonzo Jnr. is my good friend and my senior colleague in the legal profession. I wanted to say that media plays a critical role in dissemination of information and the influence that its listeners and this team has in terms of disseminating proper information to Kenyans cannot be overemphasized at a time like this. More particularly, Kenyans are going to make a decision on the next lot of Senators replacing so many of us who are going to be governors except for me and a few others. Mr. Speaker, Sir, I welcome them to the Senate. Allow me to say one thing about hon. Sakaja and perhaps pass that message to our sister House. It is very encouraging to see a Member of the National Assembly bringing a team to the Senate, particularly when 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 join you and my colleagues in welcoming hon. Sakaja and his team. I congratulate him for the good work he has done as a steward of our party; The National Alliance (TNA) then. He is demonstrating his leadership again by being with us in this House. I welcome him.

Mr. Speaker, Sir, I take this opportunity to welcome Hon. Sakaja and his team from Radio Jambo. I understand that this is the program where our colleague, Sen. Mutula Kilonzo Jnr., bashes the Government and hon. Sakaja corrects that. From now onwards, I promise to be listening to Radio Jambo so that I can also participate.

Order, Members! Let us make progress. I will allow Sen. Kagwe, Sen. Kanainza and Sen. Ndiema a few minutes. Be brief in a maximum of one minute.

Mr. Speaker, Sir, I join my colleagues in welcoming the Radio

team. They are doing a very good job. I also welcome hon. Sakaja who is also the Chairperson of TNA. It is good for him to establish this very good way of relating between the two Houses. The last time that some Senators were in the National Assembly, they came back without pants.

That is in the past and hopefully, we will relate better in the future than we did then. I thank hon. Sakaja for introducing better relationships.

What is it, Sen. (Prof.) Lonyangapuo?

Mr. Speaker, Sir, did you hear Sen. Kagwe talk of TNA? There is no party called TNA. What did he mean by saying that Hon. Sakaja is the chairperson of TNA?

Mr. Speaker, Sir, I meant that he was the Chairperson of TNA and is now a candidate for governor of Nairobi County.

Mr. Speaker, Sir, I welcome my chairperson, hon. Sakaja. He is the jakom of Kenya Young Parliamentarian Association. I appreciate the role he has played in bringing up Bills and now an Act of Parliament that champions the rights of the youth especially the 30 per cent Procurement Bill. I also welcome the crew from RadioJambo to the Senate. I am a fan of Radio Jambo .

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

Mr. Speaker, Sir, to my knowledge, there is only one jakom in this country alias Baba. Is Sen. Kanainza in order to use a terminology that we may not understand because it is neither in English nor Swahili? Was that in reference to the

I know or somebody else? 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 meant that hon. Sakaja has been a leader as demonstrated by being the chairperson of the Kenya Young Parliamentarians Association.

Order, Senator! The challenge was on a specific word.

Mr. Speaker, Sir, I was referring to hon. Sakaja who hails from Kakamega County, Ikolomani Constituency.

Mr. Speaker, Sir, I also join you in welcoming this team led by the hon. Sakaja, a young man who is also my constituent. He is also my Chairman in the Joint Committee on Cohesion and Equal Opportunities. Indeed, this is a demonstration of his commitment to bring about cohesion in this country. He has played a big role in ensuring that communities which have sometimes been disagreeing live in harmony. By coming here, he has demonstrated that he values harmony between the two Houses of Parliament.

Mr. Speaker, Sir, I join my colleagues and yourself in welcoming this interesting team from Hon. Sakaja and the Radio Jambo team. Hon. Sakaja and Sen. Mutula Kilonzo Jnr. are some of the sharpest parliamentarians that we have. I was a Member of the National Cohesion and Integration Committee where Hon. Sakaja is the Chairperson. When you see him working hard to ensure that the position of Senate is respected in the National Assembly, this is a man who believes in devolution. No wonder he is running for the position of the governor. We wish him well but in the remaining eight months, we ask him to pursue the same agenda of ensuring the Members of the National Assembly support the Senate. In this House, Sen. Mutula Kilonzo Jnr. and I have over 20 Bills that have been passed by this House but pending in the National Assembly. They have never seen the light of the day in the National Assembly. We wish to send hon. Sakaja to negotiate---

Order, Sen. Sang. I am not asking you to conclude. You are making important points. However, I appreciate the comradeship you have with the two gentlemen you have mentioned but for my purposes and for your own, they remain hon. Sakaja and Sen. Mutula Kilonzo Jnr. That is the only reference you should make.

Mr. Speaker, Sir, you know they are my buddies and age mates.

That one you will do outside this House.

Much obliged, Mr. Speaker, Sir. I ask Hon. Sakaja to help us in ensuring that some of those Bills that have been passed by this House find their way to the Order Paper in the National Assembly. Since I know of the influence he wheels in the National Assembly, I have no doubt that this is not a request far off what he is able to do. Thank you.

Hon.Senators. Before we proceed, I have another Communication to make. The Communication will affect Order Nos.10 and 11. It is about the procedure. 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 already shared the Statement with him, so I will go direct to the response. I wish to state that on 6th November, 2016 at about 2.30 p.m., Gov. Isaac Rutto stormed a football match at Silibwet Football pitch while accompanied by his supporters and disrupted an ongoing match between Silibwet Football Club and Bunge Football Club. The Governor demanded to know why some of his supporters had been arrested. The actions of the Governor and his supporters elicited reactions from the football fans who started pelting stones at the Governor and his supporters. During the commotion, the Governor was hit with a stone on his face and hurriedly whisked away by his bodyguards. In the meantime, the police dispersed the rioters and the crowd. Neither the Governor nor any other person has reported any case of injury to any police station to warrant further investigation. On provisions of security to the political aspirants, the Government will provide security to all lawfully organised campaign rallies whenever the organisers notify the police as required by the law. On the question of the suspect being arrested, I wish to state that there were four and not three suspects who were arrested on the day of the fracas and not a day before as alleged. They were charged at the Bomet Law court. They are:- (1) Mr. Livingstone Chepkwony (2) Mr. Kenneth Kibet (3) Mr. Haroun Kibet 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 appreciate the timely response to this statement as given by the Vice Chairperson. However, I had asked four simple questions, but she has gone to give a lot of response to what I did not ask. My simple question was: What led to the Governor being injured?

Mr. Speaker, Sir there are new noise makers here.

Order, Sen. (Prof.) Lonyangapuo! You have actually invited them yourself. I was willing to ignore those points of order. Since you want to listen to them, I will, therefore, ask Sen. Murkomen to speak.

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. (Prof.) Lonyangapuo to try to mislead this House that the questions that the Chairperson would answer are the ones that he asked and you as the Speaker allowed this House to put supplementary questions? 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, did anyone stop you from answering all the issues that had been raised?

Mr. Speaker, Sir, I have tried to answer the four questions asked by Sen. (Prof.) Lonyangapuo from the way that they were framed. He has a copy of the response. I have also answered the additional questions that were asked by other Senators. So, it is very clear and I do not see why he is complaining.

Mr. Speaker, Sir, if my colleagues had waited to listen to how I was proceeding with the interrogation of this statement, she would not have invited so many questions. First, I appreciate the response and the way it has been framed. However, the response says that the Governor demanded to know---

Order, Sen. (Prof.) Lonyangapuo! What Sen. Murkomen raised was that you and other Members sought a statement in what has now become the practice. They rode on it. The impression that I am getting is that you are contesting that. So, let me make it abundantly clear because we have done so before. All those issues are valid and questions that were raised must be responded to. For now, you can sieve yourself to the ones that you are interested in, raise the relevant clarifications on them. If you want to deal with others as well, it is up to you.

Mr. Speaker, Sir, that is what I am doing by dealing with what I raised. In the first one that I raised on the circumstances that led to the Governor being injured, the response is stated that the Governor accompanied by his supporters disrupted a match. It proceeds to say that the governor demanded to know why some of his supporters had been arrested. Mr. Speaker, Sir, I do not understand the two statements. If the governor went there to ask for the release of some of his supporters who had been arrested, how would that be ‘storming’? Secondly, the Vice Chairperson has stated that the action of the governor and his supporters elicited reaction from football fans. The Vice Chairperson should have been candid enough to indicate that the action of the supporters of the opponent could also have elicited reactions from the fans.

On a point of order, Mr. Speaker, Sir. Is Sen. (Prof.) Lonyangapuo in order to answer his own questions? Why did he request for the Statement when he has the answers? He should have given a personal statement because he seems to understand the situation better.

Mr. Speaker, Sir, it looks like my neighbour is in another world today; he is very excited. I said that the action of the governor and his supporters elicited reactions from football fans who came from various political alienations. Are you implying that the supporters of the said governor also stoned him? I want that to be cleared. The Vice Chairperson has avoided to respond to the question why police threw a teargas canister directly at the face of the governor. Instead, she has referred to a stone, 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. Sen. (Prof.) Lonyangapuo must be allowed to seek his clarifications. It is only the Chair who has the right to respond.

Mr. Speaker, Sir, I am happy because my colleague and ‘president’ of pastoralists, Sen. Billow Kerrow, has assisted me in ensuring they are quiet. Lastly, the Vice Chairperson has not stated the action taken against the police who were brutal towards the governor and his supporters. These people should also be protected. I agree that when---

Order, Sen. (Prof.) Lonyangapuo. That should be your last clarification.

Mr. Speaker, Sir, campaign rallies should be strictly adhered to so that anybody who comes to any meeting---

Order, Sen. (Prof.) Lonyangapuo. You should not explain clarifications. Hon. Members, before we proceed, allow me to make a Communication because I have to deal with other matters.

Hon. Members, I wish to remind you about the Summit on Peaceful Elections, National Cohesion and Unity for Socio-Economic Development. As I announced earlier, all Members of Parliament have been invited to a leadership summit on peaceful elections. The meeting is organized by the Kenya Private Sector Alliance (KEPSA). As you may all be aware, the private sector is concerned about the impact of elections on the economic growth of country. The Summit is scheduled to take place from 2nd to 3rd December, 2016 at Leisure Lodge Resort, Kwale County. HOSTING OF THE ACP/EU JOINT PARLIAMENTARY ASSEMBLY

Hon. Senators, I wish to notify all Senators that this December, our Parliament will have the honor of hosting the 32nd Session of the African Caribbean Pacific (ACP) and the European Union (EU) Joint Parliamentary Assembly 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 want to express my sympathy to the Governor for the injuries that he got. I want to seek clarifications on two items. The Governor was referred for treatment both locally and in South Africa for the injuries that he sustained on the face. I would like to know from the Vice Chairperson who exactly referred a little cut on the nose to be treated outside the country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Do we have a point of clarification in our Standing Orders?

Mr. Temporary Speaker, Sir, I want to thank the Chairperson for that elaborate response. I have several clarifications to seek. First, now that the Vice Chairperson of Committee on National Security and Foreign Relations has confirmed that the Governor indeed stormed a peaceful football match, could she tell us what steps the Government has taken to deal with this Governor? If not, could she indicate to this House whether it is legal for anybody to storm and disrupt other people’s functions? Secondly, with regard to the medical treatment that the Governor got, could she confirm whether Bomet County does not have guided cameras to do the surgeries? The Governor had indicated when he returned back that he underwent some medical treatment through guided cameras. Further, could she confirm to this House that those guided cameras are not found anywhere in this country to have necessitated him to go to South Africa for treatment?

On a point of order, Mr. Temporary Speaker, Sir. We are hearing new terminologies here today and Sen. Sang is not a doctor. Could he explain to us what these guided cameras are because I did not understand what he meant? Could he elaborate to the House?

(Sen. (Dr.) Machage): I hope you are not taking advantage of his lack of knowledge of medicine. You have been challenged, Sen. Sang, to substantiate.

Mr. Temporary Speaker, Sir, when the Governor arrived back from South Africa, in a press conference---

(Sen. (Dr.) Machage): Substantiate on one particular issue and that is the one of guided cameras.

Mr. Temporary Speaker, Sir, when the Governor arrived from South Africa, he addressed the Press and indicated that he went to South Africa for treatment. When asked by reporters what kind of treatment he received, he said he underwent a surgery through guided cameras. So I am just picking the words of the Governor so that the Vice Chairperson would help us understand what these guided cameras are and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Let me help you on this. Sen. (Prof.) Lonyangapuo, refer to Fiber Optic Operational Equipments (FOOE) just to cut the story short. I hope you are satisfied with that.

Thank you, Mr. Temporary Speaker, Sir. I have stated and reported the statement as I was given by the relevant authority which is the Ministry of Interior and Coordination of National Government. According to them, that is what clearly transpired in Bomet at that time. With regard to the issue of teargas being thrown on the face of the Governor, this information is not there according to the statement that I was given. However, it is something that I need to clarify because according to statement that I have, that is not reported. According to the report that I have, no police officer was arrested. Therefore, there is nowhere indicated that they were involved in any harassment in that particular event. With regard to the question on who catered for the international treatment, this is new information or request. I will have to investigate and report back to this House. Secondly, the expenses for the welcoming him is also the same and I have to ask for more information on that. Regarding the illegal employees of the county staff who were part of the hooligans, is also a matter that I need to investigate. With regard to steps taken against the Governor as a result of his storming the event is also a new matter that I really need to investigate and report back to this House. Finally, the issue on guided cameras, I do not know whether we have these facilities in Bomet. So, I will have to find out and report to this House.

Mr. Temporary Speaker, Sir, surely, if the Ministry has confirmed that the Governor stormed a football match, why is she telling us that they have to wait and ask for more information? This is was an obvious criminal act by the Governor. What has the Ministry done? Then the Ministry needs to pronounce that this is legal and, therefore, we will allow people to storm other people’s functions with impunity. This is not something for her to tell us that she needs more time to find out more. This is what the Government should have done unless they are telling us it is legal to disrupt other people’s functions.

(Sen. (Dr.) Machage): Unfortunately, Sen. Sang, we only have the Vice Chairperson in this House. We do not have the Director-General of Police here and neither do we have the investigative arm of Government in this House. So, we can only listen to her and it is only her who can guide us on what she thinks needs to be done. However, I appreciate the fact that she has said she needs more information. So, the relevant question really to ask is: When will the answers to those questions be presented to the floor of this House?

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

(Sen. (Dr.) Machage): Whom do you want to inform Vice Chairperson?

Mr. Temporary Speaker, Sir, Sen. Sang. 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): You do not have to inform him. You just stand because I have already given you the mandate to talk.

Mr. Temporary Speaker, Sir, if Sen. Sang listened to my answer, I have reported that investigations were carried out and the file forwarded to Director of Public Prosecutions (DPP) and I do not know the content of the file. Therefore, it is a matter that I need to find out whether maybe prosecution of the Governor or other people who were involved have been reported to the DPP. Thank you.

(Sen. (Dr.) Machage): When do you hope to give those answers to this House?

(Sen. (Dr.) Machage): Chairperson, do you have anything to say on Statement 2(b)? INVASION OF BOMET POLICE STATION

Mr. Temporary Speaker, Sir, I have something that was asked by Sen. (Prof.) Lesan. I do not know whether it is answering Statement 2(b). However, I have something for Sen. (Prof.) Lesan.

(Sen. (Dr.) Machage): You have something for the House.

Mr. Temporary Speaker, Sir, I have shared with Sen. (Prof.) Lesan. I will therefore go directly to the answers. He asked about five questions. I wish to state as follows:- On 7th April, 2016, at 8.00 a.m., police officers on patrol at the Moi University, Bomet Campus construction site, impounded a garbage truck, registration No.036CG061A belonging to the County Government of Bomet which was found dumping garbage at the site. The truck was escorted to the Bomet Police Station where the driver was arrested and placed in cells. The same day, at about 5;30 p.m., the Governor of Bomet County, hon. Isaac Rutto, accompanied by a group of his supporters stormed Bomet Police Station and demanded to know why the garbage truck had been impounded by police. The driver of the garbage truck who had been arrested earlier was charged before a court of law by Bomet Police Station PCR224/2016 after which he was released on bond. He had denied the charge of trespass contrary to Section 5(1b) of the Trespass Act, Chapter 294 Laws of Kenya. He later absconded and a warrant of arrest was issued. The warrant is still in force and not many other arrests were made. There were no casualties and there was no destruction of property following the invasion. Following the invasion, Inquiry file No.4/216 was opened by the Directorate of Criminal Investigation, Bomet County. The matter is still pending under investigation. Public and private property in Bomet is secured including land and property belonging to Moi University, Bomet Campus. 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 just want to seek clarification on this issue. There is a file that was opened on this inquiry. It is pending since April and yet it was a minor event. How long shall we take to have this investigation concluded and action taken? Secondly, I ask the national Government to protect the Governor from himself.

(Sen. (Dr.) Machage): The Chair needs to understand the questions asked. Kindly repeat those questions so that I may also understand.

Mr. Temporary Speaker, Sir, the question I was asking is a very simple one. The two issues that have been tackled this afternoon are issues that could never really have happened if the Governor did not act the way he acted. It is these actions that are self-inflicting. Perhaps some counseling should be done to the Governor to ensure he does not do this kind of thing that eventually hurts him and cause moral decadence and disobedience by the young people of Bomet because of the very bad example that is being set by the Governor. The first person to be protected from this kind of thing which actually causes injury to the Governor is the Governor himself. That is fairly straightforward.

(Sen. (Dr.) Machage): Vice Chairperson, respond!

Mr. Temporary Speaker, Sir, how long the case will take is something that is beyond our control. We will inform the relevant authorities to fast track the process and make sure the matter is concluded. How we can help the Governor to stop behaving the way he is behaving or inflicting himself is personal unless he is in conflict with the law. If he is in conflict with the law, action will be taken. However, if personal behavior does not interfere with anybody’s rights, it is something beyond the control of the relevant departments in Government.

(Sen. (Dr.) Machage): Very well. After all, the observation of self-infliction is subjective. UNLAWFUL ISSUANCE OF TITLE DEEDS IN THE MWEA TRUST LANDS Who has the answer to this Statement?

Mr. Temporary Speaker, Sir, I have it.

(Sen. (Dr.) Machage): Chairperson, Standing Committee on Lands and Natural Resources, proceed. I believe you are answering on behalf of the committees that were involved.

Yes, Mr. Temporary Speaker, Sir. We had joint committee sessions. The last meeting was on Tuesday, the day before yesterday. We had an occasion to listen to the Cabinet Secretary for---

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

On a point of Order, Mr. Temporary Speaker, Sir. Earlier on, the Speaker ruled that Sen. Kivuti is an interested party. He should not be featuring too much. He should not even be chairing this Committee. I stand to be advised.

(Sen. (Dr.) Machage): Can you quote that ruling and the day it was made? Could you present the written documentation of that ruling from the HANSARD? 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, it is in the HANSARD. I remember because I was here. Even in other meetings, he was not there. I do not know how it happens that he is the Chairperson of this Committee.

(Sen. (Dr.) Machage): Order! Sen. Kivuti stood on his capacity as the Chairperson of the Standing Committee on Lands and Natural Resources. The Committee is not only recognized by this House but created by this House. I will take the earlier concern and discard the second concern. Sen. Kivuti, what do you have to say?

Mr. Temporary Speaker, Sir, I would like my colleague to allay his fears. I am only reporting what the joint committee is doing. We are not ready with the---

(Sen. (Dr.) Machage): Order, Sen. Kivuti! I wanted your comment on the said order by the Chair. If that order was given to you, then you have no right to prosecute this Statement. Let us listen to Sen. Muthama.

Mr. Temporary Speaker, Sir, I want to put the record straight because I am a Member of the Joint committee. The meetings that have been taking place but have never been chaired by Sen. Kivuti, but by Sen. Orengo. When Sen. Kivuti attended the last meeting, he was an interested party. His deliberations were based on the positions that he believed in and the group he was representing. Therefore, I concur with Sen. Karaba that he has never been attending other meetings thus has no responsibility to report anything to do with this Joint Committee. Sen. Adan is a co-chairperson in that committee.

(Sen. (Dr.) Machage): Very well. For purposes of civility and decorum to this House, you do not lose any respect by allowing your colleague who is also mandated by our Standing Orders to read that Statement. More often than not, in the tradition of this House, even Members of committees have read statements on behalf of the chairpersons to good conclusion. I want to stop this argument and order that Sen. Adan reads the Statement.

Mr. Temporary Speaker, Sir, let me report to the House that we have had several sittings regarding this matter. Unfortunately, we have not concluded. The last meeting was yesterday where we summoned the Principal Secretary (PS), the Cabinet Secretary (CS) of Lands and the Chairperson of National Lands Commission. The Cabinet Secretary for Interior and Coordination of National Government did not come because he had an engagement elsewhere but he sent an apology. We have not dispensed of with this matter and the Committee is planning to carry out further investigation on this matter. So, we will report when we resume.

(Sen. (Dr.) Machage): Sen. Karaba, you have heard the answer.

Mr. Temporary Speaker, Sir, I am satisfied with the position taken by the Speaker.

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

On a point of order, Mr. Temporary Speaker, Sir. I would like to be on record that in this matter, there is a Communication to the Speaker and he promised to look at it today. Since he has not dispensed with it, I wanted it to be on record. 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): May I bring it to your attention that the Speaker is on the Chair now. I am not privy to what you are talking about. You mean the substantive Speaker?

Yes, Mr. Temporary Speaker, Sir. I mean the substantive Speaker.

(Sen. (Dr.) Machage): Very well, that is for records. I order that in the answer that will be read to this House, a copy of the HANSARD that ordered for Sen. Kivuti to desist from Chairing this Committee as an interested party to be also attached so that no controversies maybe raised. I know it is partly for the knowledge of the House but for clarity, it will be noble to do that. Let us move to the next Statement (d) on the Standing Committee on Roads. Please give the microphone to the Chairman. Move to the Dispatch Box. STATUS OF RABUOR-CHIGA-KIBOS ROAD

Mr. Temporary Speaker, Sir, this request for statement was made by Sen. Gwendo and it is in respect to Rabuor-Chiga-Kibos Road in Kisumu County. I wish to respond as follows:- The Government is aware that Rabuor-Chiga-Kibos Road is in need of repair to motorable standards. On the question of whether the road could be upgraded from Class D to Class C; I would like to respond that the road was upgraded to national Government road through the special issue of the Kenya Gazette Supplement No.4 of 22nd January, 2016 and the new road classification is C853 which is under the purview of the Kenya Rural Roads Authority (KeRRA). Mr. Temporary Speaker, Sir, on what funds would be allocated to improve this road; my response is that in this Financial Year 2016/2017, the sum of Kshs10 million has been earmarked for routine maintenance by the Kisumu East Constituency Roads Committee. The works to be done include light grading, heavy bush clearing, culvert cleaning, installation of culverts and spot gravelling works. Mr. Temporary Speaker, Sir, the last question was on what measures were in place to protect the road from additional damage due to perennial flooding. The answer is that the Government will continue to maintain the road through its annual roads maintenance programmes to ensure that the drainages are protected even during the perennial flooding.

(Sen. (Dr.) Machage): Sen. Gwendo.

Mr. Temporary Speaker, Sir, I would like to thank the Chair of the Committee for his answers even though I have a few concerns. In my statement, I had made an observation that this road serves a large community. It serves the Kano people. It is important in their economic livelihoods. From this answer, the Government is aware that Rabuor-Chiga-Kibos Road is in need of repair. What is the Government doing about this road? What are the specific measures that will be taken to ensure that this road is repaired? Mr. Temporary Speaker, Sir, from his answer, he said that road has been upgraded to national Government and is under the purview of KeRRA yet it is still expected to be maintained by the Kisumu East Constituency Roads Committee. How is it The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, there is no doubt whatsoever that the Government appreciates that this is an important road that serves a large section of the population in that county. It facilitates the movement of people and goods in the area and it is, therefore, an important road for purposes of the economy of that county. Earlier, I said that on 22nd January, 2016, the Government through the CS responsible for infrastructure raised this road to a higher level from Class D to Class C so that it becomes a national Government road. The objective was so that more funds can be channeled to improve this road to higher standards and to ensure that the road is maintained using this high flow of resources so that it can serve the people of that area more effectively. Mr. Temporary Speaker, Sir, I am confident as you can see that this was only done in January this year and we know that there is The Kenya Roads Bill (National Assembly Bill No.26 of 2015) which is under consideration by both Houses of Parliament. It is anticipated that when this is done, the concerns raised by the hon. Member will be fully addressed through higher allocation of resources for the maintenance of that road.

On a point of order, Mr. Temporary Speaker, Sir. I appreciate the way Sen. Obure is responding to the questions although he is talking as a former Minister of Roads. I now wish---

Mr. Temporary Speaker, I was giving him a lot of credit because he was my boss. I wanted to say that I wish Jubilee leaders would be here to listen to what Sen. Obure is saying because---

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

Mr. Temporary Speaker, Sir, I rise on a point of order on how we work in this House. Just as you have said, the Committees Chairs respond to questions asked by Senators, and I believe that is what Sen. Obure is doing. He has a sole responsibility to answer questions regardless of whether any other leader is in the House.

(Sen. (Dr.) Machage): Very well. What makes Sen. (Prof.) Lonyangapuo think a Committee Chair in the House is inferior in status to a former Minister?

Mr. Temporary Speaker, I was giving credit to the Chairman--- 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): You were not. A Chair of the Senate Committee is superior to the current status of Ministers in this country.

Mr. Temporary Speaker, Sir, that is why we have the majority and the minority side. The majority side should be taking notes when Chairs are giving responses because sometimes they hit a deadlock.

(Sen. (Dr.) Machage): It is properly spoken now. Chair, do you have anything to add?

Not much, Mr. Temporary Speaker, Sir, except to appreciate the kind words expressed by my former Permanent Secretary.

I also happen to have been his former Assistant Minister.

Mr. Speaker, Sir, I am confident in the response given by Sen. Obure because he was a former Minister for Roads and knows that a budget of Kshs10 million cannot maintain a road. I hope that the response that he is giving is insinuating that the Committee will actually push into seeing that sufficient funds are allocated for improving this road.

Mr. Temporary Speaker, Sir, I know she is talking about the very important road for the economy of the area. However, this is largely what informed the decision to upgrade this road from Class D to C. I am confident that now that road will attract much more funding for maintenance as opposed to the lower grade where it was only attracting a mere Kshs10 million annually as maintenance funds. I can assure the hon. Member that more resources will from now on after this new classification, be channeled for maintenance of that road.

(Sen. (Dr.) Machage): Very well. We have very many Statements on the Order Paper today. Let us move on to Statement (E).

On a point of order, Mr. Temporary Speaker, Sir. Having looked at the listed statements, my Statement on county government funds held in closed Imperial, Dubai and Chase banks is not appearing yet the Speaker had directed that it would be responded to this week. We are coming towards the end of the week and I am not seeing it. I wish that you would direct that it be answered today.

(Sen. (Dr.) Machage): I am sure that there are many Senators who are in your status. All the same, I can see the Chairperson of the Committee on Finance, Commerce and Budget. You can respond to that statement, if you are ready. STATUS OF COUNTY GOVERNMENTS FUNDS HELD IN IMPERIAL, DUBAI AND CHASE BANKS

Mr. Speaker, Sir, the Senator for Trans-Nzoia County had sought to know a number of issues regarding county government funds which are held in banks that collapsed or were shut down by the Central Bank of Kenya (CBK); that is Imperial, Dubai and Chase banks. The Senator wanted to know the amount of funds from various The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, the Statement is unsatisfactory because it does not answer all the questions that I had asked. I asked whether there was authorization for depositing the money in the bank, instead of it being used to meet the purposes for which it was allocated for by the Government and the measures that the counties are taking. The Chairperson has said that he has not been able to get answers from the counties. I sought this Statement in April this year. Ministries which are not devolved units normally respond to questions.

(Sen. (Dr.) Machage): Order, Sen. Ndiema. We do not have to recap because the Chairperson specified that despite not being able to get 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

Mr. Temporary Speaker, Sir, I am entitled to seek clarifications. The counties are answerable to the Senate and they cannot run away from answering to the Senate. They are independent from the national Government, but the Constitution provides the counties must answer to the Senate. Why are the counties refusing to answer queries asked by Senate in accordance with its mandate in the Constitution? Mr. Temporary Speaker, Sir, the answers are not adequate. I do not understand why the funds that my county had for bursaries were held in an account, instead of being disbursed directly to students. I am asking these questions with regard to all the counties. Machakos County, for example, has kept a lot of money in the banks. Why was this money kept there?

(Sen. (Dr.) Machage): Sen. Muthama, are you on a point of order?

Mr. Temporary Speaker, Sir, I want to seek another clarification.

(Sen. (Dr.) Machage): I need to confirm something that I have on my screen. Continue.

Mr. Temporary Speaker, the Chairperson sought this answer initially from the Cabinet Secretary in charge of the national Treasury and the Controller of Budget and they were not able to give an answer. The Controller of Budget and the National Treasury are supposed to control all the funds and know where each county has put the funds. Does this mean that the Government does not know where counties put their money? It is a dangerous situation if the national Government, the National Treasury and the Central Bank of Kenya do not know where public funds are kept. We had to get the information from a different organisation, yet we have Government institutions charged with the responsibility of overseeing and ensuring safety of public funds.

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

(Sen. (Dr.) Machage): Sen. Karaba, whom do you want to inform?

Mr. Temporary Speaker, Sir, I want to inform Sen. Ndiema.

(Sen. (Dr.) Machage): You are out of order. Continue, Chairperson.

Mr. Temporary Speaker, Sir, I agree with the Senator that placing such huge amounts of funds in the banks is a major risk; this money could be lost. If Chase Bank did not open its doors, there would not have been a way to get this money. A total of Kshs836 million that belongs to the counties is a huge amount of money. The Controller of Budget and the National Treasury have no powers over the county governments with regard to opening of bank accounts in commercial banks or to superintend over how those accounts are run. It is the responsibility of the Senate to oversight the county assemblies. Mr. Temporary Speaker, Sir, now that we have the list of the 10 counties which have Kshs836 million in the Chase Bank, we will invite them and demand explanation to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

Mr. Temporary Speaker, Sir, I want to seek more clarification.

(Sen. (Dr.) Machage): Proceed, Sen. Muthama.

Mr. Temporary Speaker, Sir, I wish to thank the Chairperson for giving us truthful answers that will help this House. The Chairperson should try as much as possible to consult with the Cabinet Secretary and come out clearly to state why governors are diverting money, which is transferred by the National Treasury, to different banks accounts. For example, Machakos County has five accounts in Chase Bank; Kisii County has more than six counties and Nyandarua has got more than seven bank accounts. Why does the National Treasury allow this? Funds are being squandered and stolen in the counties. We need to arrest this situation so that we can control the funds.

Mr. Temporary Speaker, Sir, this is a serious issue. As we are going to the next general elections, I suspect that these accounts will continue to be opened. Before we investigate the already existing accounts, the Commission of Revenue Authority and Treasury have issued circulars on various issues that are not as important as this. One of the things that we should demand is a circular to be issued by Treasurer so that any Governor or County Executive Committee (CEC) Member of Finance who opens an account contrary to those directions will have an action point. Otherwise, it appears as if everybody has a liberty to deposit money because it is an avenue that is used by county governments to obtain either interest or an incentive from these banks.

Thank you, Mr. Temporary Speaker, Sir. I also want to thank the Chairman of Committee on Finance, Commerce and Budget for the clarifications he has issued. Now that Chase Bank is opened, does the Chairman have any indication whether these counties have been able to access this money?

Mr. Temporary Speaker, Sir, I want to thank the Chairman for being candid enough. However, as you can see, this answer is not signed. It is just a paper. Perhaps, it can be formalized. As he has suggested if the Cabinet Secretary 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

(Sen. (Dr.) Machage): Only one allegation the Chairman has to clarify; the accusation by Sen. Ndiema that you are giving us a document that is unauthenticated; it is not signed. It is just a paper. That is a serious allegation to be recorded. Let me also advice the Members that the answers we get here are from the Chairmen. Whatever paper he may be holding unless he wants to table, it is immaterial as far as this Chair is concerned because what goes on record is the answer from the Chair and not the answer from the sources of his information. Mr. Chairman, what have you to say?

Thank you, Mr. Temporary Speaker, Sir. He can take the answer I have given to the bank. This is the answer we discussed at our Committee this morning.

On a point of order, Mr. Temporary Speaker, Sir. Can he table it so that it becomes the official position because this is a House of records?

(Sen. (Dr.) Machage): It is already in the HANSARD.

Mr. Temporary Speaker, Sir, he summarised.

(Sen. (Dr.) Machage): Tabling that document is not a big issue. However, if you have to do so, then I will have to authenticate whether it is properly signed or whether it is a document that can be accepted for this House for tabling. Do you want to table?

Mr. Temporary Speaker, Sir, if you want the one that has been signed by the Kenya Deposit Insurance Fund (KDIF), I can table it later. It is not with me now, but we have the actual printout. I thought he wanted the details of the banks which I do not want to table because he wants to see the KDIF letter. This is the official answer because this is what we went through with our Committee and agreed to discuss today. There are two issues I want to quickly clarify. We have already written to the national Treasury, the Controller of Budget and the Commission of Revenue Allocation for a meeting in early February to come up with proposals to seek amendments to the Public Finance Management Act to limit these powers of the counties. This is because neither the Central Bank nor the Controller of Budget has powers to limit a county government from opening accounts in the commercial banks and transferring money from their accounts in Central Bank to those accounts. This is what they are exploiting. It is one of the loopholes that we, as a Senate, have to seal. The Chase Bank has a limited window for withdrawal of money since it has been opened. It is because of that limitation that these counties have still got substantial amounts of money and are not able to withdraw all the money they want. So that limitation is still in force.

(Sen. (Dr.) Machage): I had earlier indicated that we have so many Statements, especially from the Chairperson of the Committee on National Security and Foreign Relations. However, we have also pending matters that have been 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 lay the following Paper on the Table:- Report of the Standing Committee on Education on the Basic Education (Amendment) Bill 2014 (National Assembly Bill No.35 of 2014)

(Sen. (Dr.) Machage): We revert back to Statements. Can you come back Sen. Karaba and continue with the so demanded Statement?

Thank you, Mr. Temporary Speaker, Sir. Today, 1st December 2016, marked the release of KCPE results by the Minister for Education at the Kenya Institute of Education which has now changed to Kenya Institute of Curriculum Development. You have noted that the paper is a bit lengthy, but I will be able to reduce it by reading only what is important. However, to lay emphasis and assertion to ensure that the 2016 examinations were credible, the Ministry of Education instituted various reforms to address the challenges experienced during the 2015 examinations. To make sure the examinations were credible; the Ministry of Education instituted various forms of measures to address the challenges experienced during the administration of examinations in 2015. This included adopting a multi-sectoral examination administration approach, the creation of an exclusive examination season in third term and the appointment of school headteachers as centre managers. I am proud to announce that the measures introduced by the Ministry of Education and other critical agencies worked incredibly well. Indeed, for the first time 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

(Sen. (Dr.) Machage): You have just read the Statement of the Cabinet Secretary (CS), a press release. I would have expected you to do otherwise and give us a Statement by the Chairperson. I am so orthodox on some of these things.

On a point of order, Mr. Temporary Speaker, Sir. This is on a different matter and not what has been ---

(Sen. (Dr.) Machage): It will have to wait because there are reactions to that quotation of the Cabinet Secretary’s (CS’s) Speech.

Mr. Temporary Speaker, Sir, may I also raise one or two issues on the response that Sen. Karaba has just read. I had kept one or two things. I concur with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I also take this opportunity to thank the Chairperson for the speech. I also join him in congratulating the Cabinet Secretary (CS) for Education, Dr. Matiang’i, who has done pretty well in terms of supervising the examinations. This year, I send my congratulations to him and his entire team for the change. For the first time, we are told that there is no cheating in examinations and even released one month earlier than scheduled. Everything went smooth, and I think he played hard ball many times with those in the education sector. He has been called all sorts of names, and I am one of those who have been urging him to go on even if they sacked him but to keep on doing what is right. Mr. Temporary Speaker, Sir, having said that, I also want to congratulate all the students who sat for the Kenya Certificate of Primary Education (KCPE) and have done well. I want to wish them a better future. I also want to comment on the academic performance. You heard the Chairman saying that the Government is committed to affording every Kenyan an opportunity to succeed. However, that opportunity is not given to every Kenyan equitably. If you look at the performance of the counties which have been released today, Mandera County is number 47 followed by Garissa County. In that order, all the counties in the Arid and Semi- Arid Lands (ASAL) or poor parts of this country are the ones that are trailing except for West Pokot, Turkana and Samburu who have done well. I must take the opportunity to congratulate the leaders in the education sector in those three counties who despite the circumstances in which they are; poverty, drought and conflicts, they have done well. 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. Obure!

Thank you, Mr. Temporary Speaker, Sir, for this opportunity to make a few remarks. First, I want to thank the Chairman of the Committee on Education, Sen. Karaba, for the report he has just presented to this House regarding the national examination results which were released today. Today, we are witnessing a new order and a milestone in the management of our national examination system. In the past, the days national examination results were released was a day of mourning, disappointment, pain and grieve for many candidates because their results would have been cancelled or withdrawn on the basis of allegations of cheating and other irregularities. Mr. Temporary Speaker, Sir, it is pleasing to hear that there were no irregularities in the examinations that were conducted. No candidate is experiencing any disappointment or pain. This is an important thing. I, therefore, want to take this opportunity to congratulate the CS for Education, Dr. Fred Matiang’i. He has done all of us proud, he has set the pace and we can see that what has appeared to be impossible before is possible that we can look forward to achieving desired results for the common good of everybody in this country. Mr. Temporary Speaker, Sir, this has come out of the desire to do good. It is a desire to restore the integrity of our national examination system. It is a desire to ensure that the performance of our education sector is comparable to any in the world. It is a desire to ensure that graduates at all levels of our examination system can be equated with the best in the world. Therefore, it is important that this tempo is maintained and we do not allow ourselves to go back to the old days. We hope there will be more people like Matiang’i, not just in the education sector but in other sectors of the economy but also in other Ministries and Government departments in the exemplary manner Dr. Matiang’i has done. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Very well. Sen. Lesuuda!

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to add my voice to the statement read by the Chair of Committee on Education. I want to start by congratulating all the students and all those who were involved in ensuring that we have made history in how our exams are conducted, the period and the manner exams are marked quickly. If you were listening to CS Dr. Matiang’i, you would wonder what we have been doing as a country in terms of managing exams, giving out the results and ensuring that Form One students go to school together with the other students. Mr. Temporary Speaker, Sir, I have two point to make. One is to congratulate the CS. It clearly states that it starts from the head. If the head knows what it is doing, everybody else will follow suit. We always say that it is all about the public and how they behave. Public policy says how the top person conducts himself, the juniors will also do that. I want to congratulate the CS and encourage him to keep up that spirit. We remember how we were all rushing for quick fixes of closing schools when there was burning of schools and he said he will not close the schools but we will make sure that the candidates will sit for the examinations and it happened so. We pray that he will continue with the same spirit. As we prepare for the release of Kenya Certificate of Secondary Education (KSCE), there is a motion we have always discussed in this House by Sen. Musila about schools withholding certificates. We have sung this and said schools should have a mechanism of knowing the needy students so that they can get their certificates and maybe get a plan just the way we do with the Higher Education Loans Board (HELB). We need to think how they can repay the money to the schools later. There must be many other things that have contributed to the success of the KCPE examination. We thank the Government for scraping the registration fees. I echo what my colleague, Sen. Billow, has said. We should ask the Cabinet Secretary and his team to look at some of the factors that contribute to poor performance in some counties. We should encourage those schools and meet some of their needs. Mr. Temporary Speaker, Sir, I congratulate girls for doing well. In most counties, more girls sat for the Kenya Certificate of Primary Education (KCPE) Examination. The Government needs to focus on counties like Samburu and Wajir, which have cultural practices to ensure that our girls go to school and complete their studies. I urge the Cabinet Secretary to focus on private schools and how they operate. We wish him well as he continues with his work. I congratulate the pupils from Samburu County for performing well regardless of the hardship issues that they continue to face. Thank you, Mr. Temporary Speaker, Sir.

Thank you, Mr. Temporary Speaker, Sir. First, I want to congratulate the Cabinet Secretary, Dr. Matiang’i, for demonstrating leadership in a country where we are grappling with a serious question as to whether we have 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 join colleagues in thanking the Ministry and the Cabinet Secretary. The Chairperson of the Committee on Education should relay our gratitude to the Ministry following the results and the examination process that begun with stringent measures to restore order in the way the examinations are conducted in Kenya. For the first time, we have received Kenya Certificate of Primary Education (KCPE) results earlier than normal. They used to be announced every year between 27th and 28th December. We commend the Ministry and the Kenya National Examination Council (KNEC) for releasing the results a month earlier. Mr. Temporary Speaker, Sir, we need to ask ourselves where we started going wrong. Kenya is known as a nation with good products, for example, trained personnel that have ruled the world in nursing, medicine and teaching. You will find them in Europe, particularly England. They are also in America, Australia, South Africa, South Sudan and Ethiopia. The human resource from Kenya also restored Rwanda. Given that Ministry of Education has never changed, what led to the cheating in examinations? Cartels were able to infiltrate schools. They would walk from one school to another and the principals of those schools would buy examination papers. 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, please, conclude.

Mr. Temporary Speaker, Sir, therefore, this need to be encouraged and supported. We know Prof. Magoha and thank him. He is very strict and we need more of such people. The same spirit that we have seen in the Ministry of Education should be taken to the Ministry of Health so that whatever that is happening there can be rectified. 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, you only have one minute to contribute because we have two other important Motions that we have to conclude this evening.

Mr. Temporary Speaker, Sir, let me congratulate the Cabinet Secretary for Education, Dr. Fred Matiang’I, for being an outlier. For those people who travel, Robert Forster tells us that, “The road not travelled: For daring to dream and imagine.” This means that you can redeem the image of education sector in this country. Congratulations the Cabinet Secretary and your team. Bravo! Thank you.

Thank you, Mr. Temporary Speaker, Sir. I also want to join our colleagues in the Senate to thank the Ministry of Education, especially the Cabinet Secretary, Dr. Fred Matiang’i. As parents, we are proud of him because he has brought sanity back to the education sector. We would like him now to rein in on the universities. Furthermore, we would like to see children going to good schools. Those who have performed well either from public or private be admitted to national schools without discrimination. Finally, I want to tell parents to prepare and not to spend much on Christmas because your children will be joining secondary school in January. I know they are not used to this. However, we must salute the CS, Dr. Fred Matiang’i, for bringing sanity in the education sector.

Order, Senator! You cannot solicit to be thanked in this House.

Mr. Temporary Speaker, Sir, I have received congratulations from Members, and I am very happy about it because they are genuine. When we are comparing counties that have done well with others, we should also note that there are some counties which have improved. I would encourage that there should be benchmarking among the counties. Let people go to counties which are not doing well like Samburu County and find out the reason for the poor performance. In conclusion, I also want to congratulate my County of Kirinyaga for the good performance which placed them in number one. Secondly, it is also important that the HANSARD report which shows that we have congratulated the CS should be availed to him. Let him see how the Senate has appreciated his efforts to improve performance in national examinations. Indeed, he has done a unique job. This is how we can get rid of corruption because it is known that corruption starts from schools. There is one time I attended an international conference and we learnt that corruption starts from school. So, Dr. Matiang’i has now ended corruption in schools.

The HANSARD of this House is public record. I am sure the Minister can still access it, or if you so wish as the Chairperson, you can avail it to him. 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, this is a different matter that has been sanctioned by the Chairperson, Committee on Land and Natural Resources. On 25th February 2016, pursuant to Standing Order No.45 (2) (b), I sought a Statement from the Chairperson of the Standing Committee on Land and Natural Resources regarding the management of community and public land in Machakos County. On 3rd May 2016, the Cabinet Secretary for Land, Housingand Urban Development responded to the Committee and the Chairperson responded to my Statement on 13th October 2016 in the Chamber. Thereafter, the House deliberated on the response and found it unsatisfactory. Members raised concerns about the ongoing subdivisions of land in question and resolved that henceforth, the demarcation, allotment and issuance of title deeds of the said pieces of land in question be stopped until the issue is resolved. The Chair directed the Standing Committee on Lands and Natural Resources to invite the Cabinet Secretary for Land, Housing and Urban Development and the Chair of National Land Commission (NLC) to a meeting with Senators to deliberate on this important matter. Indeed, he directed that all committee meetings scheduled on the same time be suspended to allow Senators time to attend and participate in this important meeting. The Cabinet Secretary for Land, Housing and Urban Development appeared before the meeting of Senators on 16th of November 2016 and it was agreed that he responds substantively by 29th November 2016. He also undertook to write a letter to stop the demarcation, allotment and the issuance of title deeds regarding the plots of land LR No.149/R and LR No.149/2.in Kiima Kiu and LR/104259 in Athi River, Machakos County. I would like the Committee to report on the status and when the Cabinet Secretary wrote the letter to state the said demarcation, allotment and freeze on issuance of title deeds on the said pieces of land. Secondly, they should produce the response as has been received from the Cabinet Secretary on the management of the land in question. Mr. Temporary Speaker, Sir, I beg the indulgence of the Chair because we are about to go on recess and resume early next year. By the time we come back, we might find that the exercise has been completed and the land has been irregularly demarcated and allotted to the wrong people at the expense of the needy people of Machakos who I represent on this matter.

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

What is your point of order, Sen. Elachi?

Mr. Temporary Speaker, Sir, I rise under Standing Order Nos.33 (a) and 34 to move: The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I second.

Sen. Muthama has clearly indicated that there was a commitment by the Cabinet Secretary to issue the Statement. It is only the chairperson who can confirm whether that has been done or not. You indicated that it has not been done. We need a to know the commitment by the Cabinet Secretary (CS) who should write a letter to stop the said demarcation, allotment and issuance of title deeds on the said piece of land. The question is whether that has been done. What do you have to say?

Mr. Temporary Speaker, Sir, I will be lying to the House. The best I can do is commit myself to have the Statement he has read and attach with the HANSARD so that we request the CS to stop what he is doing and meet with the leaders of Machakos County to discuss the matter further.

Very well. I direct that you and Sen, Muthama consult right now and agree what needs to be done and then communicate to me right away. Sen. Mutula Kilonzo Jnr., kindly consult with Sen. Elachi and Sen. Muthama on the same and advise me. Sen. (Prof.) Lonyangapuo, you were supposed to finalize the Order on Statements with your weekly ritual. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 14TH FEBRUARY, 2017

Mr. Temporary Speaker, Sir, this is a Statement by the Senate Majority Leader on the business of the Senate for the week commencing 14th February, 2017, pursuant to the provisions of Standing Order No.45. Hon. Senators, I wish to draw the attention of the Senate to the proposed Motion in the Order Paper pursuant to Standing Order No.28(3), to adjourn today, Thursday, 1st December, 2016, until Tuesday 14th February, 2017 in accordance with the Senate calendar. During this Session, we have managed to transact and conclude many Bills, Motions and Statements including carrying out various inquiries and investigation in line with the mandate of the Senate. I take this opportunity to thank you for your dedication 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. That concludes the Order on Statements. Next Order.

Mr. Temporary Speaker, Sir, I beg to move the report of the Committee on the 2017 Budget Policy Statement. On behalf of the Standing Committee on Finance, Commerce and Budget and as required under our Standing Orders, we presented this Report to the Members to have a look at it.

Order, Senator! Move the Motion.

Sorry, Mr. Temporary Speaker, Sir. I beg to move:- THAT, the Senate adopts the Report of the Standing Committee on Finance, Commerce and Budget on the 2017 Budget Policy Statement laid on the Table of the House on Wednesday, 30th November, 2016.

Very well.

Mr. Temporary Speaker, Sir, the Members of the Senate have a critical role in review and approval of Government economic and spending policies The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

.: Mr. Temporary Speaker, Sir, I rise to second the Motion that we adopt the report on the Budget Policy Statement 2017. I need not repeat the sentiments of my Chairman. Only to say that as usual, the Senate has been unable to interrogate the Budget Policy Statement in detail because of the timelines. The proposals to change the timelines have not seen the light of day as a result of which the Committee on Information, Communication and Technology which had serious issues to raise about the Budget Policy Statement have not found their way here. Since I chair the meeting on ICT, let me point out two issues. One, this Government has planned to spend Kshs4.3 billion in Universal Service Fund. This Fund is supposed to roll out 3G-O network across the country. Only 17 per cent of Kenya’s land area is covered by 3G network, 54 per cent is covered by 2G network and the rest of the country has no network. The Universal Service Fund has been lying at the Communications Authority (CA) without being used as a result of which although the Committee on Legal Affairs and Human Rights led by Sen. Wako and Sen. Sang, the intention to have an electronic based election of transmission of results will not be possible until the Universal Service Fund is rolled out in its entirety in the whole country. I was hoping that a serious statement to that effect would be issued. It has an effect on e- procurement because it affects last mile connectivity. The second issue is on pending bills which the Chairperson has mentioned. We have discovered that, in fact, there are lots of pending Bills in the ICT sector because the national Government has not followed the Budget Policy Statement. There is a programme called the Constituency Wi-Fi Programme where the Ministry of ICT rolls out ICT in schools in various regions. From the interrogation of the Budget Policy Statement for the last year, the ICT Committee has concluded that that programme was not in the Budget Policy Statement. The Ministry for Information, Communication and Technology, although the programme is useful and I have uploaded it, has created a pending bill. So, there must be value for the Budget Policy Statement as the Chairperson has said. Somebody must follow it because it must dictate something. The Chairperson has also said that the parameters used for the division of revenue, although there appears to be an increase – for example, there is an increase of almost Kshs2 billion for Makueni County in the Financial Year 2017/2018 – are not correct because it is an average as opposed to consistent growth. If there is growth in revenue and the economy, there must be corresponding growth in the revenue allocated to counties. The national Government has re-classified roads. Under Article 187(2), these 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

There is no interest on this particular one. I now ask the Mover to reply.

Mr. Temporary Speaker, Sir, I thank the Senator for Makueni County on the issues that he has raised. It just because of time, but I am sure Members would want to contribute. There is one important issue that I want to say here and is important for the purpose of division of revenue, allocation of money to counties. The term for the Commission on Revenue Allocation is supposed to end at the end of December. We have advised Parliament to advertise those positions. The Senate should appoint their five, the National Assembly their two to enable the President to appoint the Chairman and we conclude this matter so that they can hand over. In fact, tomorrow, Friday, is their farewell party for the Commission. It is a pity that we are moving very slowly particularly in Parliament in getting--- - I know that the advertisements have been done, but I think it is important in order to ensure that we get the right people. I urge Parliament to ensure that those people who have been shortlisted are interviewed by the relevant Senate and the National Assembly committees. In 2010, they were interviewed by the Committee on Finance, Commerce and Budget. I urge both Houses to allow relevant committees to interview those people who have been shortlisted so that we can get the people who are appropriately qualified to handle that docket because it is very important. It is the main institution that ensures the survival of counties in terms of the resources that are given. With those few remarks, I beg to reply.

Sen. Billow, from the numbers in the House, would we kindly proceed to make ---

Mr. Temporary Speaker, Sir, I seek your indulgence to defer putting of the question on this Motion under Standing Order No.54(3) to a date other than today so that we can then do the Division on that day. 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. So, ordered. Putting of the question is deferred to the next time it is on the Order Paper.

Next Order.

On a point of order, Mr. Temporary Speaker, Sir. You just asked us to consult with my colleague, Sen. Elachi. We have reached a conclusion which we briefed the Chair. So, I seek the indulgence of the Chair to have some guidelines on that.

Very well. On this issue raised by Sen. Muthama, I now direct that the Clerk of the Senate shall write to the Cabinet Secretary (CS) requesting him to comply with the commitment that he gave to this House and that the same letter should be copied to both the Senate and Sen. Muthama. I so, direct. Next Order.

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

What is your point of order, Sen. Muthama? DETENTION OF MR. PHILIP MBITHI MUTISO BY TANZANIAN AUTHORITIES

Mr. Temporary Speaker, Sir, we have a few Statements that have been listed to be responded to. I have received a reply from the Chairperson of the Committee on National Security and Foreign Relations. It has not been mentioned although it is listed as Statement (h). May I know the position on that Statement because it was to be dealt with today?

Sen. Muthama, you have confessed that you have a written response. You are luckier than many of the Senators whose Statements appear on the Order Paper and they do not have responses. However, the Chairperson of the Committee is not present. That applies to a number of Statements including yours truly. We will defer them until the next time they will appear on the Order Paper.

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 adopts the Report of the Senate Business Committee (SBC) on its inquiry into a complaint made by Governor (Dr.) Evans Kidero regarding the conduct of Senator Mike Gideon Mbuvi Kioko Sonko, laid on the Table of the House on Thursday 1st December, 2016. Mr. Temporary Speaker, Sir, allow me to give a brief background to the Report. The Governor of Nairobi City County, Dr. Evans Kidero, lodged a complaint with the Speaker of the Senate regarding events that took place during a sitting of the County Public Accounts and Investments Committee (CPAIC) held on 15th June, 2016. Gov. (Dr.) Kidero had appeared before the Committee to respond to audit queries raised by the Auditor-General regarding financial operations of Nairobi County Executive, while Sen. Mike Sonko was attending the sitting as a friend of the Committee and the Senator for Nairobi City County. During the sitting, an altercation arose which forced the Chairperson of the Committee to prematurely adjourn the sitting. In his letter to the Speaker of the Senate, Gov. (Dr.) Kidero stated that Sen. Sonko had acted in an indecorous and unparliamentary manner towards him and other officers of the county government who accompanied him to the meeting. The Governor, therefore, sought an assurance from the Speaker that public officers appearing before Senate committees would be protected from physical and verbal abuse and that a credible inquiry into the matter would be undertaken. Mr. Temporary Speaker, Sir, the Chairperson of the Committee, Sen. (Prof.) Anyang'- Nyong'o, had also reported the matter to the Senate on 16th June, 2016. The Ethics and Anti-Corruption Committee (EACC) also wrote to the Speaker on 17th June, 2016, raising concerns regarding the conduct of Sen. Sonko and Gov. (Dr.) Kidero during the said meeting. The Commission called for an investigation into the matter and that appropriate action be taken in respect to the officers involved. Further, the Chairperson of the Council of Governors, Gov. Peter Munya, wrote to the Speaker on 17th June 2016 raising concern regarding the treatment of county governors appearing before the Senate and its committees. This, therefore, is a matter that generated substantial interest both within and outside Parliament. Mr. Temporary Speaker, Sir, having considered the complaint by Gov. (Dr.) Kidero and noting the need to uphold the standards and dignity of the Senate, the Speaker referred the matter to the Senate Business Committee for its consideration and appropriate action. Consequently, the Committee proceeded to hold an inquiry into the matter. During the inquiry, the Committee invited and heard from Gov. (Dr.) Kidero and Sen. Mbuvi as well as witnesses called by Gov. (Dr.) Kidero. The Committee also received the testimony of the Chairperson of the County Public Accounts and Investment 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, you cannot take us through verbatim reading of the report, give highlights. You are well experienced on matters of Motions and Bills. Give us highlights, please.

Mr. Temporary Speaker, Sir, as I highlight, let me mention the three areas that we needed to inquire into:- (a) Whether the allegations made by the Gov. Kidero against Sen. Mbuvi in relation to the meeting held on 15th June, 2016 were substantiated; (b) That if the allegation were found to have been substantiated, whether the allegation constituted a breach of the Standing Orders; and (c) The appropriate recommendation to make, including its applicable disciplinary action to be taken. Mr. Temporary Speaker, Sir, as you have guided, I want to say that the Committee, the RBC, the Senate Business Committee sat and appointed a small committee to look into it and considered every evidence that was brought before it by the people I have just mentioned and other witnesses. Based on the findings that came out of these presentations by the witnesses, and having refused as sanctions provided for in the National Assembly Powers and Privilege Act and the Senate Standing Orders as well as practices from other Commonwealth jurisdictions, the Senate Business Committee recommends that:- (a) Disciplinary action be taken against Sen. Mbuvi by requiring him to apologise to the Senate at the Bar of the Senate. (b) The offensive words uttered by Sen. Mbuvi with regard to Gov. (Dr.) Kidero, more specifically the allegation that “Gov. (Dr.) Kidero was a thief and a murderer”, be expunged from the HANSARD record of the proceedings of the CPAIC, sitting of 15th June 2016. Those were the recommendations of the Senate Business Committee during its inquiry and observations of the matter. Having looked at all the recommendations this is what we are tabling. These recommendations are discussed in greater detail in the report of the Committee and are also considered in the ongoing periodic review. Therefore, I recommend that the Senate Business Committee to this House requests fellow Senators to consider and adopt this Report in a nutshell. I beg to move.

Mr. Temporary Speaker, Sir, I beg to second the Motion. I believe the Senator will be given the recommendations that came out of these report so that when we come back from recess, he will be able to apologise to this House and to Gov. (Dr.) Kidero. Mr. Temporary Speaker, Sir, having said that, it is also important for all of us, politicians, to adhere and respect our rules and Standing Orders. We looked at different countries including Canada, India and the United States and they have the same rules and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, this is not a matter affecting counties. Therefore, we do not need delegations in voting.

Very well. Next Order!

Senate Majority Leader, proceed.

Mr. Temporary Speaker, Sir, pursuant to Standing Order No.28 (3), the Senate do adjourn until Tuesday, 14th February, 2017. First of all, I wish to thank all the Senators---

Order, Senator. You need to do it the proper way; I would like to move that…

Thank you, Mr. Temporary Speaker, Sir. I beg to move:- THAT, pursuant to Standing Order No.28 (3), the Senate do adjourn until Tuesday, 14th February, 2017. We have come to the end of this Session with a lot of high hopes that we started from a foundation that we laid. In four years, I believe Kenyans are able to understand what the role of the Senate is in this country.We have been able to ensure that counties have received monies and resources. We have ensured that for the last four years, regardless of the challenges that we faced, the Senate has played its oversight role over counties. Mr. Temporary Speaker, Sir, we have been able to deal with many Bills that have come from the National Assembly even when our Bills have gone there and up to date, we have very critical Bills that never came back to this House. However, the most important thing is that the Senate has been able to build a foundation so that although we know that next year is an election year, when we come back, we shall be able to finish 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. Elachi, are you sure that those are very few remarks? Proceed, Sen. Muthama.

Thank you, Mr. Temporary Speaker, Sir. I stand to second the Motion on Adjournment that has been moved by my colleague, Sen. Elachi. First, I give credit to the leadership of the House and the Speaker for conducting a successful but difficult Session. This House has worked around the clock, but there have been serious barriers in the process of trying to achieve and deliver services to Kenyans. Nevertheless, Senators have done their work. I am sure that Kenyans have understood that the Constitution that brought devolution is working. Governors have been given powers to work and distribute the money that has been allocated to the counties. However, they have not worked to the expectations of Kenya. Mr. Temporary Speaker, Sir, we have been frustrated by the “Lower House”. We have faced challenges with regard to some Bills which the National Assembly has decided to pass without consulting the Senate, as it is required by the Constitution. We have raised these issues, but they have not been considered. We were denied funds for oversight, yet we represent larger areas and we are paid the same salaries as Members of the National Assembly. Mr. Temporary Speaker, Sir, my county has eight constituencies and the electorate expect me to listen to them and address their grievances. However, my salary is equal to that of a Member of the National Assembly. The Women Representatives in the National Assembly also have funds to facilitate their movement, but the Senators have been denied the same. I can only conclude that this is happening because someone somewhere is putting effort to ensure that devolution does not succeed. The same happened when the Senate requested for more funds to be allocated to the counties. I thank God that the extra money was not allocated to the counties because of the corruption that we are facing in the country. The national Government is not doing much in the fight against corruption. I am in the Opposition and have been at the forefront in criticizing corruption. 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. (Prof.) Lonyangapuo?

Order, Sen. Muthama. You cannot be on your feet.

Mr. Temporary, Speaker Sir, is Sen. Muthama in order to mislead us by sayingthat the Head of State looked hopeless. The Head of State was addressing his heads of department on site. It was privileged information that we were not supposed to have got. He was bold enough to ask the question when all of us were watching. He was not addressing us. 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. Muthama, you have to be relevant to the Motion. It is a Motion of Adjournment.

Mr. Temporary, Speaker Sir, I do not think I used the word “hopeless”. I said that President Uhuru Kenyatta demonstrated courage albeit with some weakness when he said ‘I do not know’. That is an open statement. Those are not my own words but the words of the Head of State. He said that. I have talked about his courage. Why is it that there is no point of order when I talk about his courage? I have been accused of hate speech but I have never been found guilty because I measure my words. We have seen what has happened in counties. I attended the County Public Accounts and Investment Committee sitting when they were dealing with the auditor’s query on Machakos County. Sen. (Prof.) Lonyangapuo who is now trying to silence me was chairing the County Public Accounts and Investments Committee. He is an eye witness and has received devastating statements about Machakos County Government. The most worrying thing is that the MCAs who are supposed to play the role of oversight are the ones who accompanied the Governor as his witnesses. They came to support the crimes that he has committed and said that he had done nothing. The governors must be jailed just as it happened in Nigeria. I want to ask the County Public Accounts and Investments Committee to come up with very firm recommendations as they complete the hearing of the auditor’s queries which assist us to ensure that these people are sent to where they belong so as to stop corruption in this country. As we go on recess, we are going to be faced by challenges of the upcoming elections which is something that every Kenyan is looking up to. I want to advise the Government and IEBC to stick to the Motion that was negotiated and agreed upon outside Parliament. I understand that there was voting today in the National Assembly where they amended some of the agreed clauses. One of them is the one that says that we should not have more than 500 registered voters in every polling station. The information I have is that it has been amended to 700 registered voters. Mr. Temporary Speaker Sir, could I have two more minutes? We do not have many contributors in the House.

You have expended your time. You could have 30 more seconds.

Mr. Temporary Speaker, Sir, thank you. We should stick to the agreed points of the Motion so that we do not create misunderstandings in this country. With those many remarks, I wish every Senator and every elected person in the Republic of Kenya a Merry Christmas and a happy New Year.

Mr. Temporary Speaker, Sir, I rise to support this Motion of Adjournment but with a very heavy heart. I am in a reflective mood this evening. This has been a wonderful Session for me. At a personal level, I came alive to the happenings of the Senate. Being a new Member, I learnt many things and made my contribution in a small way into securing the gains of this country. This is especially in regard to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I join my colleagues in supporting this Adjournment Motion. The Mover, Sen. Elachi and the seconder, Sen. Muthama, have eloquently presented it. We will break for about two months. 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

Mover, proceed to reply.

Thank you, Mr. Temporary Speaker, Sir. I want to thank all the Senators, the Speaker, the leadership of our House and the staff. I hope that you will all have a prosperous 2017. Thank you.

Hon. Senators, it is now time to adjourn the Senate. The Senate stands adjourned until Tuesday, 14th February, 2017, at 2.30 p.m. The House rose at 7.20 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