(Sen. Wetangula)

On a point of order, Mr. Speaker, Sir. This is a very important requisition for statement. Kindly allow me to ride on it and seek further clarification. I would also like the Chairperson to inform the House and the country how many of the specialized medical equipment as of now are actually functional and specifically indicate those county hospitals where the Intensive Care Units (ICU) are actually operational. Secondly, when we looked at the original contract, the contracts that were supposed to be signed; laboratory contracts that were supposed to be the back up 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

Can the Chairperson of the Health Committee respond?

Mr. Speaker, Sir, noting the importance of the statement sought and the details which it entails, I request that you allocate two weeks for me to get the answers.

So ordered.

Mr. Speaker, Sir, I have two statements to seek. SUPPLY OF FERTILIZER AND OTHER FARM INPUTS BY NCPB First, I wish to seek a Statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding the supply of fertilizer and other inputs by the National Cereal and Produce Board (NCPB) in light of the fact that agriculture is Kenya’s main driver of the economy. In the Statement, the Chairperson should; (a) Explain why NCPB has not purchased and stocked fertilizer and other farm inputs for farmers ahead of the planting season this year yet the long rains are about to start; (b) State when the fertilizer will be availed in all the NCPB depots across the country; and, (c) State the measures that the Government will put in place in future to avert the persistent delays in the supply of fertilizer and other farm inputs.

(Sen. Wetangula)

Mr. Speaker, Sir,I would like to thank the Senate Minority Leader for acknowledging that agriculture is a key driver of this economy as well as Sen. (Prof.) Lonyangapuo---

Order, Chair!

Mr. Speaker, Sir, given the details that are required, from the Ministry and the NCPB, I request that our Committee be given two weeks to respond to this Statement.

So ordered

On a point of order, Mr. Speaker, Sir. I wonder if the Chairman has a calendar that shows him, today, it is 21st February, 2017. Next Wednesday will be 1st March. The planting season starts from 1st March in the Rift Valley. Can the Chairperson shorten the days so that he can respond to this Statement in one week’s time? We are nowadays digital. You can just call. 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 that you indulge me on behalf of the many Kenyans who are worried. We are not too sure about the promise by the Chairperson that he is going to consult and bring us the answer because word coming from his county is that he consults a witchdoctor. Could you assure us that the consultation will not be part of the answer that we are looking for?

Sen. Karaba, do you also have an intervention on this matter?

Mr. Speaker, Sir, the question on fertilizer had been put in the last Session and the answer that was given was quite satisfactory. There is actually need for farmers to be told the truth about the supply of fertilizer---

Order Sen. Karaba! It is Statement hour.

Mr. Speaker, Sir, can the Chairperson of the Committee on Agriculture, Livestock and Fisheries in his answer tell us why prices of fertilizer differ from one region to another given that there are some who buy from the NCPB and then sell at a higher profit?

Mr. Speaker, Sir, first, I beg you to tell off the Senator for Kakamega County, Sen. (Dr.) Khalwale. He is extremely mischievous. I issued a statement yesterday which was covered in The Standard saying that the only people that I need for me to win the governor’s seat in Meru are not witchdoctors. I need the voters and blessings of God. I therefore invite the Senator to read my rebuttal statement in TheStandard yesterday. I do not think that those farmers require the intervention of witchdoctors to get fertilizer in this country.

Order, Sen. Murungi. Does it really matter whom you consult if you deliver the fertilizer?

Mr. Speaker, Sir, where we come from, it matters. Maybe where you come from, that would not matter. I understand the urgency of the matter and the blame should go to the Senator for West Pokot, Sen. (Prof.) Lonyangapuo. He knows the calendar and that the rains come in March. Why did he not ask this question one or two weeks ago? I am not the only one in control of this calendar.If he wants that answer from the Committee, please, give us the two weeks. We will do our best. If I get it earlier, I will notify the Chair.

On a point of order, Mr. Speaker, Sir. Sen. Karaba has just confirmed here that this question was asked last Session around September or October. That was the best time for the Chairperson and the Ministry to have delivered this Statement. Mine was a reminder now that things are getting out of hand. The Chairperson should own and confess that they are unable to execute their mandate.

What is it, Sen. Kagwe? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, in addition to the issues that have been raised by my colleagues, could the Chairman also include in his answer an assurance regarding to quality of the fertiliser? This is because---

Order Senator, that intervention is sufficient. Mr. Chairman, I cannot order Sen. (Dr.) Khalwale off because that is not the job of the Chair. I may only order him out of order but in this particular instance, I will not order him out of order because he was seeking your assurance. What you did was in the media and the House does not rely on media reports, but it also has its own mechanisms. So, what you have said is enough for our purposes. Secondly, Sen. (Prof.) Lonyangapuo cannot be blamed for bringing the question late because he is doing oversight. There are other state organs that have and manage the calendar. All the House is trying to do is to ensure that that Calendar is being effective. So, I direct that you bring the statement. In your opening remarks, you appreciated the Senate Minority Leader for appreciating the role of agriculture. It is that important that we should get the response in one week’s time. Failure to do so especially during drought and famine is that you will get into trouble with food security concerns. Let us have the second statement to be sought by Sen. (Prof.) Lonyangapuo. DOUBLE TAXATION BY COUNTY GOVERNMENTS VIA COLLECTION OF CESS ON AGRICULTURAL PRODUCE

Mr. Speaker, Sir, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Finance, Commerce and Budget on Double Taxation via Collection of Cess on Agricultural Produce by County Governments. In the statement, the Chairperson should:- (a) Explain the current policy and legal framework relating to the payment of cess on agricultural products, especially when they are transported from one county to another. (b) Confirm whether there are incidences of double taxation through cess collection from farmers transporting agricultural produce from one county to another. (c) State measures that the national Government has put in place to stop double taxation and ensure that cess is paid to the county of origin of the agricultural produce. The Speaker (Hon. Ethuro): The Chair.

Mr. Speaker, Sir, the Senator for West Pokot has sought a very important statement. I am sure this is a statement that is important to many people particularly in the farming zones. I would like to tell the Member that we will get an answer to the statement in two weeks’ time because it is a matter of national importance.

That is so directed, in two weeks’ time. THE PLIGHT OF FARMERS IN MWEA RICE IRRIGATION SCHEME

Mr. Speaker, Sir, I rise to seek a statement under Standing Order No.45(2)(b) from the Chairperson of the Committee on Agriculture, Livestock and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, we request for two weeks to respond to this Statement.

So ordered; it will be answered in two weeks’ time. Hon. Members, that is the end of Order No.7 on Statements. I have a communication from the Chair and then we will go back to Order No.6

Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation of Hon. Members of Parliament from various countries who are Members of the Parliamentary Network on World Bank (WB) and the International Monetary Fund (IMF). I request each member of the delegation to stand when called out so that we may acknowledge them in the usual Senate tradition. 1. Alain Destexhe (Belgium) - Senator, Board member of the Parliamentary Network 2. Sado Nazaire (Benin) - MP 3. Immaculée Ndabaneze (Burundi) - Senator 4. Fadil Aliyoum (Cameroon) - MP 5. Mbutoh Njingum Musa (Cameroon) - MP 6. Pana Merchant (Canada) - Senator 7. Jean-Luc Reitzer (France) - MP 8. Maminiaina Rebenirina (Madagascar) - MP 9. Gerry Randriambolaina (Madagascar) - MP 10. Abdul Rashid Godil (Pakistan) - MP 11. El Hadji Mansor Sy - MP 12. Åsa Erikson - MP 13. Zitto Zuberi Kabwe (Tanzania) - MP 14. Joseph George Kakunda (Tanzania) - MP 15. Olfa Soukri Cherif (Tunisia) - MP 16. Arda Zengin (Turkey) - MP 17. Cemalettin Torun (Turkey) - MP 18. Taha Ozhan (Turkey) - MP 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, allow me to join you in welcoming the distinguished guests in your Gallery. I am delighted to note that among the delegation are my two good friends; Hon. Zitto Kabwe from Tanzania and Hon. Nandala-Mafabi from Uganda. Equally delightful is the fact that Parliamentarians have an interest in what the World Bank and the IMF do. I want to encourage them in their engagements to encourage the World Bank to upscale its activities in the Third World Countries and move away from endless studies and researches. By the time any projects come to fruition, they find the World Bank having gone through a feasibility, an evaluation and re-evaluation. By the time you get to the project, the parameters have changed and nothing works. So, this committee being comprised of Parliamentarians should encourage the World Bank that when a third world country needs a road, they should finance the road. There is no point spending money to study a road that has been there for 100 years before you tarmac it.

Mr. Speaker, Sir, allow me to also join you and the Senate Minority Leader to congratulate and welcome the team from various countries who are interested in matters of World Bank. I join the Senate Minority Leader to say that this is a very important team. They may not be known to this House. When I went to study for my Masters degree in law, I was a World Bank funded student because I won a World Bank scholarship. That scholarship was based on building capacity for lawyers to do trade and investment in developing countries. Mr. Speaker, Sir, it is with great satisfaction for me to see that many countries including our neighbours Tanzania and Uganda are here. It is also important to say that as country members of World Bank and IMF, it is important that democracy is increased and decision-making in World Bank and IMF reflect the numerical strength of developing countries. This is because there being MPs from different countries in the world, it is time we started talking about reform of those institutions to reflect the word “democracy.” This is a democratic institution and our colleagues over there come from democratic institutions. It is important that democracy is discussed within World Bank and the IMF, so that we do not have crude representation of a few people and especially if you have a rogue president like Donald Trump because one or two people will just make a decision on behalf of everybody in the world. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Members, let us be very brief because I can see the interest is great.

Mr. Speaker, Sir, very briefly I would like to acknowledge this unique team in the House.

On a point of order, Mr. Speaker, Sir. Is it in order for Sen. Murkomen to say that the President of America is a rogue president? Is he in order to discuss the President of a friendly country?

On a point of order, Mr. Speaker, Sir. Is the Senator for Garissa, Hon. Haji, in order to ask the obvious when indeed the Senate and the House of Representatives in the United States of America (USA) have referred to the President as a “rogue president” many times? Is he in order to assume we do not know what is going on?

Mr. Speaker, Sir, just like you, I welcome the guests and I would like to make a small correction.

Order Senator, that is another one because we are still on this issue.

Mr. Speaker, Sir, I have been a member of the Parliamentary Network on World Bank. Is Sen. Murkomen in order to propose that these are democratic institutions when actually they are akin to a shareholding group where the more money you have and have invested, the more power you command? Is he in order to make arbitrary statements that make no sense?

Sen. Murkomen, could you confirm?

Mr. Speaker, Sir, on the last statement by my colleague here, shareholding of the World Bank and IMF; even if you were to weigh the shareholding of developing countries, you find that it does not stop decision-making by the other members because cumulatively, developing countries are also major shareholders and I understand where he is coming from. Aside from that, Sen. Kagwe must not trivialise a matter in terms of ownership of the World Bank and IMF and their relationship with the United Nations and many other complex matters that are related to multilateral institutions. Mr. Speaker, Sir, I do not want us to trivialise this matter and it is not as simple as Sen. Kagwe thinks.

Order!

Mr. Speaker, Sir, let me settle the one by Sen. Haji on the issue of the President of the USA. I understand that you cannot discuss the conduct of a Head of State of a friendly country without a substantive Motion. However, I have been watching news and seeing congressmen in America. I guess that America’s president and America as a nation no longer retains the moral high ground they have had to lecture us on matters of democracy because the country itself is under siege. It is right to say that when a nation---

Order Senator! You have plenty opportunities to say many things but you cannot say all the things all the time on this Floor. So, let me read to you the necessary Standing Order No.90(1). It states as follows:- 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. I think the Chair should give better clarity to this issue of personal conduct. If I stand here and say you are a smiling Speaker, is that your personal conduct? If I say that the distinguished Senator for Baringo is ever laughing, is that personal conduct? To me, referring to somebody as rogue does not amount to discussing the personal conduct of that person unless he goes on with overt acts that explains what he has said. In any event, as a long serving Member of the Kenyan Parliament, I want to refer the House to the ruling of the late Jean-Marie Seroney that a Member of the House should not be challenged on a matter that is pretty obvious.

Order! Let me dispose the one for the Minority Leader. I am afraid your wide knowledge of the English language has serious limitations in this particular instance. The issue of the conduct and discussing the conduct is on the basis that you are bringing a substantive Motion to discuss. Now, there are words that are not offensive. “Smiling” is not offensive, “distinguish” is not offensive and “honourable” is very desirable. In the ordinary meaning of the word “rogue”; that cannot be equated to smiling. It is the opposite. I have directed that the honourable Senator who is the Deputy Majority Leader, Sen. Onesmus Kipchumba Murkomen, withdraws and apologises.

Mr. Speaker, Sir, before I do what you have said, I would like to request that you retreat and think through what the Senate Minority Leader has said about that Standing Order because it might in future inhibit debate. For now and for purpose of us making progress, I would like to withdraw the word “rogue” and replace it with a “different” President like Donald Trump. I apologize for the word rogue and replace it with different.

Order, Sen. Murkomen! This is a non-issue and there is no amount of discipline of the English words. Now, the directives are very clear; there should be neither preface nor a forward. It is a directive.

As I said Mr. Speaker, Sir, I said I withdraw and apologize for the word rogue and replace it with that unusual---

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

On a point of order, Mr. Speaker, Sir. I rise under Standing Order No. 110 (e). Are Sen. Murkomen and Sen. Wetangula in order to doubt your The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Sen. (Dr.) Machage! Sen. Wetangula did not question me. He only invited me to consider some other perspectives and I determined that matter. The Member that is the culprit who the Chair should deal with is the originator and the defender of those words who is none other than Sen. Murkomen himself. So, the Chair is magnanimous and appreciates the circumstances in which the deputy majority leader is operating now in his county.

Let him just withdraw and apologize.

Mr. Speaker, Sir, thank you for recognizing the security challenges we face in Kerio Valley which not only affects my county but also affects your county and Sen. Moi’s which is Baringo. I withdraw and apologize.

Thank you, Mr. Speaker, Sir. I am impressed by the kind of visitors you have had in your Gallery. I want to ask them to send our greetings to the heads of states of Tanzania and Senegal. Due to the issue of governance, the Head of State of Senegal allowed the President elect of Gambia to be sworn into office from Senegal and in the process averted a crisis that could have deteriorated into genocide. Mr. Speaker, Sir, I also want them to send my greetings to the Head of State of Tanzania because of the concerted effort that he is leading in the fight against corruption. On the issue of Members of the delegation from the World Bank and International Monetary Fund (IMF), I would like to urge them to consider before making a decision of giving money to African countries the input of the national Parliaments. If they were doing that, maybe we would not be where we are. For example, in a period of four short years, the Jubilee government has over borrowed to the extent that we are now running into a debt of over Kshs3 trillion. In conclusion, Mr. Speaker, Sir, may I warn other African leaders who do not want presidents elect to be sworn in that we now know a new standard. Should anybody joke in Kenya, we shall go and be sworn in from Tanzania this year.

Thank you, Mr. Speaker, Sir. I want to thank you for granting me the opportunity to be a Member of the Parliamentary Network and also serving in the Board of the Parliamentary Network on World Bank and IMF. It is unfortunate that they have left but I would like to bring to your attention that being a Member of the Parliamentary Network---

On a point of order.

What is it, Sen. Kembi-Gitura?

Mr. Speaker, Sir, if I am right, these points of order that are coming up are to join you in welcoming the people in the Gallery but I cannot see anybody. So, I wonder where this debate is going. Is it for the HANSARD or to talk to the people in the Gallery who are supposed to be sitting there and welcoming them? How do you welcome people who are not here? I think we are taking unnecessary time on a debate that is not going anywhere. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order, Sen. Kembi-Gitura! It is necessary sometimes not to think loudly. One, there is no debate, two, the Members are associating with my sentiments. Three, Sen. Gwendo is a Member of the team. She will use a copy of the HANSARD to convey the feelings of the House. This is a House of record. They do not have to be there to hear. They can read what you said about them. Not many people from Murang’a County listen to you live but I am sure if they are interested, they will ask for the HANSARD to get to know what you said on a particular matter. What is it, Sen. Kembi-Gitura?

On a point of order, Mr. Speaker, Sir. When you use the words that “it is wiser to keep quiet”; if you are not sitting on that Chair if you are a Member of this House; I would have referred to Standing Order No. 90 and requested you to stop that Member from imputing an ill motive upon me. In the same way that we use words, when you use the words “wiser to keep quiet”, in my honest opinion, you are imputing that I did not have a right to stand up and raise a point of order. I raised it in good faith.

Order, Sen. Kembi-Gitura! One, you are misrepresenting the Chair and you sit on this Chair. I never said “it is wiser to keep quiet”. I said “it is wiser sometimes not to think aloud”. Proceed, Sen. Gwendo.

Thank you, Mr. Speaker, Sir. This visit has been educational for them and for me too. Yesterday, we managed to meet the Country Director of World Bank who happens to be a woman because we still fight to be on the decision making tables but she is there as the country director of the World Bank. She welcomed us the same way you have welcomed them to the Senate. The previous field visit that the Parliamentary Network took, we went to Indonesia and they were trying to compare Indonesia to Kenya. I must bring back to this Senate that they have learnt a lot and we as a country are very far despite the way we look at our country negatively. They have learnt a lot from devolution from what the Speaker told them about our country. I want to take this opportunity to thank you for giving me the chance to be in that board and also thank the House for the support that I have received and for interacting with the Parliamentary Network. As a point of information, the Parliamentary Network is a platform created for Members of Parliament from different countries to look at their governments and question what those governments are doing.

Order Members. We will now refer to the supplementary Order Paper. I will invite the Senate Majority Leader to give a Notice of Motion and proceed with the Motion as per Order No. 13.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to give Notice of the following Motion. 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

Next order!

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir. I beg 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

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

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

Mr. Speaker, Sir, I would like to request the Senate Majority Leader to make a slight clarification. In the membership of Departmental Committees, Sen. (Dr.) Machage who is the Senator for Migori County is in the Committee on Health. However, he has defected from the Orange Democratic Movement (ODM) to a party called the Democratic Party (DP) which is not a parliamentary party and not a member of the either of the two coalitions. Could he tell us under which auspice is the Senator for Migori County finding himself into the membership of a Committee of this House?

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

Mr. Speaker, Sir, is Sen. (Dr.) Khalwale in order to talk about Sen. (Dr.) Machage who has exercised his right just like Sen. (Dr.) Khalwale when he migrated from the United Democratic Forum (UDF) to his new home? I wish it was somebody else talking and not him.

Mr. Speaker, Sir, I beg to second. For the record, Sen. (Dr.) Khalwale did not migrate from UDF to Ford-Kenya. UDF was dissolved and killed by a grouping called Jubilee. That is how Sen. (Dr.) Khalwale found himself in Ford-Kenya. If you look at the law and the Constitution, when such a murder of a political party is committed, the Members do not die with it.

Order, Members! Let us conclude this ---

Mr. Speaker, Sir, I want to second this Motion---

Order, Sen. Wetangula! I want to agree with the Senate Minority Leader for the purposes of Sen. (Dr.) Khalwale. This is because I have a letter from him where he cited the relevant law. I may not share the same expression with the Senate Minority Leader in terms of words like “murder” or “most foul” and so on. However, it is also true that Sen. (Dr.) Khalwale cannot use this Floor to peddle rumours, innuendos or newspaper reports. As far as I am concerned and from where I sit, which is very authoritative, I have not gotten a letter similar to what I got from Sen. (Dr.) Khalwale from Sen. (Dr.) Machage. Proceed, Sen. Wetangula.

Mr. Speaker, Sir, I will not go that route. This is because there are so many things that we can talk about including my distinguished colleague who has since adopted red shirts.

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

Next order.

Mr. Speaker, Sir, this is a report of The Joint Committee on Lands and Natural Resources in respect to the vetting of candidates to the National Climate Change Council. We sat on several occasions to discuss criteria upon which we make recommendations to this House. This was going to be done in accordance with the Public Appointments (Parliamentary Approval) Act No.33 of 2011 and the specific criteria included academic qualifications, employment record, professional affiliations, potential conflict of interest, knowledge of the relevant subject, overall suitability for the position, tax compliance, integrity and morality, vision and leadership as well as expectations and key priorities. The four nominees that we considered were discussed at the joint meeting on 14th, December 2016 and in this particular respect, the Committee had invited submissions from the public on their suitability--- 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. You have not moved the Motion.

Thank you very much, Mr. Speaker, Sir. I beg to move the following Motion:- That pursuant to Section 7 of the Climate Change Act 2016, Section 8(1), the Public Appointments (Parliamentary Approval) Act 2011, and Senate Standing Order No.65, the Senate adopts the report of the Joint Sitting of the Senate Standing Committee on Lands and Natural Resources and the National Assembly Departmental Committee on Environment and Natural Resources on the vetting of nominees for appointment to the National Climate Change Council laid on the table of the Senate on Wednesday, December 28th, 2016 and approves the recommendations of the Committee as follows: i) Approves the nomination of Messrs. Suresh Patel and John Kioli for appointment to the National Climate Change Council; ii) Rejects the nomination of Cynthia Wachabe and Dr. Jane Mutheu for appointment to the National Climate Change Council; and iii) Recommends that the appointing authority submits nominees of the female gender to represent the marginalized communities and the Commission for University Education as prescribed by The Public Appointments (Parliamentary Approval) Act. Mr. Speaker, Sir, on the 14th of December, 2016, the Joint Committee sat to receive public submissions on the nominees’ suitability for appointment to the membership of the National Climate Change Council. The criteria upon which these members would be considered included: Academic qualifications, employment record, professional affiliations, potential conflict of interest, knowledge of the relevant subject, overall suitability for the position, tax compliance, integrity and morality, vision and leadership as well as expectations and key priorities. We examined the various submissions made from members of the public and our conclusion was that both Messrs. Suresh Patel and John Kioli were suitable for appointment because they had accomplished a number of tasks in this specific area of climate change and shown considerable interest in the subject and had represented the country in many forums, both locally and abroad. In regard to Cynthia Wachabe and Dr. Jane Mutheu, their appointments were declined because they were both not considered suitable. In the case of Dr. Mutheu, the Committee felt that she was not properly accredited by the universities which nominated her name and we felt that she was not properly representing the university fraternity. In respect to Cynthia Wachabe, we felt that although she may have had knowledge on this subject, she was not representing the marginalized group that she purported to. She did not come from the marginalized group and therefore her appointment was rejected. We believe that this Committee did very good work and I am appealing to the Senate to approve the recommendations. I beg to move.

Who is seconding you?

Mr. Speaker, Sir, I am requesting my brother, the Senator for Trans Nzoia, Sen. Ndiema to second. 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 second this Motion that seeks to approve nomination of Suresh Patel and John Kioli for appointment to the National Climate Change Council. The two are distinguished people in the field of environment. They have wide experience and have been involved in matters of climate change for many years. The other two nominees, Cynthia Wachabe and Dr. Jane Mutheu were found not to be suitable. I beg to second. One of the nominees was to represent the marginalised communities but when the joint Committee looked at the matter, it was found that she was not quite a suitable representative for that group. Equally, concerning Dr. Jane Mutheu, who is a distinguished scholar, the process that led to her being nominated to this position was found by the Committee to be wanting. Mr. Speaker, Sir, you will note that two of them are ladies. It is not that the Committee was not gender sensitive, but merely because they were not suitable. The Committee feels that when these positions are advertised, their gender should be considered when next the names of nominees are submitted. Mr. Speaker, Sir, with those remarks, I beg to second.

Order, hon. Senators. Order No. 8 is deferred to tomorrow.

Order, hon. Senators. This is Division at the Second Reading. I, therefore, order the Division Bell to be rung for five minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is it, Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. Considering that we are unable to get the numbers required to vote, would I be in order to request you to postpone the putting of the question to another day?

It is so ordered. The matter will appear on the Order Paper tomorrow.

Next Order!

What is it Sen. Murkomen?

On a point of order, Mr. Speaker, Sir. Considering that the business appearing in Order Nos. 10 to 17 is about Division and it will be affected by the minimum quorum required, would I be in order to request that you postpone the putting of the question for all the divisions to tomorrow?

Order, Members. I will disallow that request because the quorum is different for Order Nos. 10 and 11. Let us follow the motions because part of the voting is usually people absenting themselves. Let us proceed. I order that the Division Bell be rung for one minute.

On a point of order, Mr. Speaker, Sir. I have counted the numbers and if it is in order, I request that you postpone the putting of the question to the next day.

It is so ordered. I order that it appears on the Order Paper tomorrow afternoon.

Next order! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

I order that the Division Bell be rung for one minute.

On a point of order, Mr. Speaker, Sir. I request that the putting of the question on this Bill be postponed to the next day.

Order, Senators. This Order is also postponed to tomorrow afternoon. I hope the Majority and Minority leadership will be working hard to ensure that the requisite numbers are obtained.

Next Order.

On a point of order, Mr. Speaker, Speaker, Sir. I apologise for raising this point of order. It is true that three or four months are better than one or two months. Since we have so many issues to go to Division, could it be in order for me to propose that tomorrow when we come to this issue after the first five orders we move expeditiously to go to Divisions? We could also limit the time spent on Statements and other issues as much as possible. There is a tendency that earlier in the sitting Members seem to be present and as we continue with making Statements for the visiting delegations people tend to drift out of the chamber.

Your point has been noted, Sen. (Prof.) Anyang’- Nyong’o. We will strive to ensure that is done. We will also not only be reading the mood of the House, but also counting the numbers. Whenever the requisite numbers have been reached we will get to that particular order.

Hon. Members, we are now in the Committee of the Whole to discuss the County Assemblies Services Bill (Senate Bill No.27 of 2014). At this point we were supposed to proceed to Division, but as you can see we do not have the requisite numbers. So, we will report progress. Sen. Kanainza, can you move this on our behalf?

Thank you.

Mr. Speaker, Sir, I beg to report progress that the Committee of the Whole has considered the National Assembly Amendments to Clause 48 of the County Assemblies Services Bill (Senate Bill No. 27 of 2014) and seeks leave to sit again tomorrow.

(Sen. (Dr.) Machage): The mover.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said report.

(Sen. (Dr.) Machage): Hon. Members of the House, due to the same reason that we have had to defer Order No.14, I will defer Order Nos.15, 16, 17, 18 and 19. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Dr.) Machage): Hon. Members, there being no other business, the Senate stands adjourned until tomorrow, Wednesday, 22nd February, 2017 at 2.30 p.m. The Senate rose at 4.20 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