Mr. Speaker, Sir, on behalf of the Senate Majority Leader, I beg to lay the following Paper on the Table of the Senate today, Wednesday, 22nd February, 2017:- SENATE CALENDAR FOR THE YEAR 2017 The Senate Calendar (Regular Sessions of the Senate) for the year 2017 (February to August 2017)

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order 28(1), this House approves the Senate Calendar (Regular Sessions of the Senate) for the year 2017 ( February to August, 2017 ), laid on the Table of the House on Wednesday, 22nd February, 2017. I thank you.

Sen. Karaba, do you have a copy of the Order Paper? Look at the last page, you are supposed to give a Notice of Motion. Sen. Adan also has a number of Notices of Motions.

Mr. Speaker, Sir, I am sorry. I am not prepared for this. With your permission, we can push this to tomorrow. 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! There is nothing to prepare for before giving a Notice of Motion. Just read it as per the Order Paper.

What is it, Sen. Sang?

On a point of order, Mr. Speaker, Sir. Are the two chairpersons in order to take this House for granted and purport not to be prepared to just read a Notice of Motion that is as clear as indicated on the Order Paper? Are they portraying to this House that they are no longer able to transact business as chairpersons? If that is the case, would I be in order to request that they resign and allow able Members of their committees who are enthusiastic to execute the business of their Committees with precision and perfection?

On a point of order, Mr. Speaker, Sir. How many times has Sen. Sang who is also the Chairperson of the Committee on Delegated Legislation adhered to the ethics of this House? Once he gets an opportunity like the one he has got now, he thinks that he can dictate---

Order, Sen. Karaba! You are completely out of order. You should just confirm or deny.

Mr. Speaker, Sir, I can now give the Notice of Motion without any further ado.

Order, Sen. Karaba! There might be a little ado. You need to undo what you have said of Sen. Sang.

On a point of order, Mr. Speaker, Sir. You must inform the Chairperson of the Committee on Education - because we have students in the Public Gallery - that the business of the Senate is circulated in the evening on our

platform and the website. Therefore, the Chairman has no excuse about coming late or otherwise. They should be on notice. I echo the sentiments of Sen. Sang that the Chairpersons should take the orders and sequence of business in the Senate seriously. You must repeat, notwithstanding that we are all going for elections.

Sen. Adan, do you not agree?

Mr. Speaker, Sir, I do not agree with what Sen. Mutula Kilonzo Jnr. has said. We are taking our work very seriously. That has been my tradition as the Vice- Chairperson of the Committee on Security and Foreign Relations. It is unfortunate that I lost a relative yesterday and I just reported back yesterday. I had not had a look at the Order Paper. However, we will keep taking our work seriously in future. I thank you.

Order, Sen. Karaba! Hon. Senators, I am disturbed, to say the least, that Business which is so plain, so simple and written cannot be conducted by Members. These are your own reports which you must have worked very hard to get them ready for tabling. This is just the logical sequence of events which require you to give notice of Motion. When it comes 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 beg to give notice of the following Motion:- THAT, the Senate adopts the report of the Standing Committee on Education on the 38th Session of the United Nations Educational, Scientific and Cultural Organization (UNESCO) General Conference in Paris, France held at the UNESCO headquarters from 3rd to 19th November, 2015, laid on the Table of the House on 14th April, 2016.

Mr. Speaker, Sir, I beg to give notices of the following Motions:- ADOPTION OF EALA REPORTS AND RESOLUTIONS THAT, the Senate adopts the report of the Standing Committee on National Security and Foreign Relations on the EALA Reports and Resolution pursuant to Standing Order No.235, laid on the Table of the House on Tuesday, 19th April, 2016.

Proceed. ADOPTION OF REPORT ON THE SECURITY SITUATION IN MANDERA, LAIKIPIA AND KAPEDO THAT, this House adopts the report of the Standing Committee on National Security and Foreign Relations on the assessment of the security situation in Mandera County, Laikipia County and Kapedo (a border town of Turkana and Baringo counties) conducted between 19th January and 5th February, 2015 and laid on the Table of the House on Wednesday, 29th July, 2015. ADOPTION OF REPORT ON STUDY VISIT TO RUSSIA THAT, this House adopts the report of the Standing Committee on National Security and Foreign Relations on the study visit to Russia, laid on the Table of the House on Tuesday, 15th March, 2016.

Hon. Senators, before we proceed to the next order, I have a communication and a message. I will start with the Message from the National 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 take this opportunity to congratulate you for that specific Message. Such are the times you feel proud as a legislator when you look at the processes being undertaken to pass a Bill in accordance with the provisions of the Constitution. When this House, or when this country established the new framework of a bicameral Parliament, it foresaw this kind of heavy debate and healthy interaction between the Senate and the National Assembly. In the Communication that you have shared with us today, we have two Bills. One has been approved by the National Assembly in totality where they agree with the Senate as it were. In another, they have proposed several amendments. This is how a bicameral Parliament should work. I want to encourage you and the leadership of this House to embrace a cordial working relationship. As we move towards the end of this session, we should reach out to the National Assembly so that the over 21 Bills that are still pending in the National Assembly should be prioritized for us to receive these kind of responses. Where they agree with us, we process them into law. Where they propose amendments, they should forward them to us so as to allow us to conclude this legislative process.

Thank you, Mr. Speaker, Sir, for your communication. I am extremely concerned on this. From the calendar of events into the elections, if the nominations of political parties and their members are going to be held in mid-April, it means that we can only transact business for another one and a half months. Our legislative business is most likely to be affected by the nominations. In view of the pending bills before the National Assembly, I extend my request again to you to extend an olive branch to your colleague in the National Assembly because, given the rate at which you are sending communication to us, it is obvious without even doing any calculation that we will not complete the business of the Bills that we have sent to the other House. Is it possible, Mr. Speaker, Sir, using your gentlemanly mien, that you can cause the Speaker of the National Assembly to issue a communication suggesting that we should complete this business, whatever the outcome? Lastly, may I also kindly request that on the seventh day when His Excellency Uhuru Kenyatta signs that Bill; we want to see you standing behind him. Thank you.

Your sentiments have been noted and they shall be effected.

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.: Mr. Speaker, Sir, from your communication, Sen. (Prof.) Anyang’-Nyong’o chaired the first session we had with the Finance, Budget and Commerce Committee and the programme itself and we requested them to organize for the whole Senate to be informed, particularly the Members of this House who want to become executives of counties – Governors. It is extremely important that you attend this session because the governors have already given their input and there is now a formula as to how these grants will be given to counties and how they will be formulated. 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

Senator Mutula-Kilonzo Jnr., you have obviously provoked those ones who want to abandon us.

Mr. Speaker, Sir, I will never abandon you. My spirit will always be here. I join my Chairman, Sen. Billow and my colleague Sen. Mutula Kilonzo Jnr. Indeed the Chairman today chaired a meeting in this chamber with the Cabinet Secretary in charge of Finance, the Council of Governors, the Commissioner for Revenue Allocation and all other institutions that are concerned about this revenue allocation to the counties. We had a productive discussion and I am sure the Chairman will report this to us on Friday. The issues raised are extremely important for Senators not just those who are going to be governors because this tradition must be maintained; that the Senate gets fully involved and versed in revenue allocation for counties so that when we speak, we do not speak from hearsay but from the point of being informed by facts and how the budget system has evolved to the point that certain principles are being established by tradition which will inform the future; and those principles which will form tradition must be influenced by this Senate. I beg to support.

Mr. Speaker, Sir, I join my colleagues in noting that the meeting for tomorrow is quite important and it is in line with our role as Senators in Article 96(3) where the Senate determines allocation of national revenue among counties as provided in Article 217 and also exercises oversight over national revenue allocated to the county governments. This is our work and, therefore, every Senator has to attend because we need to be looking at the way revenue allocation to counties is done once in a while and should there be partners who want to join in beefing up and making sure that counties are funded properly, we are the House that needs to interrogate and look at how that can be done. We also need to take stock of how the money that we have been releasing to counties has been spent. Issues have emerged and I think Sen. (Prof.) Anyang’-Nyong’o, the Chairman of CPAIC will present in a short while the audit reports of counties that have been discussed. You will be surprised at how some of the monies have been utilized. It is true we need to meet so that we can give appropriate directions and warnings on how this money is being spent.

Mr. Speaker, Sir, this meeting will be very important because for the first time we are seeing the national Treasury and the donors, particularly the World Bank, getting interested in supporting the counties after so many years of devolution. It is encouraging that we, as a Senate, our mandate is to defend and protect counties and also champion their interests and when we have a situation where, finally, donors including the World Bank and International Monetary Fund (IMF) have realized that counties need support, we should be at the forefront in encouraging them and ensuring that they start from the right footing and that the funds so allocated should be utilized for the purposes intended and we should therefore, lay a proper framework for that purpose. 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, I rise pursuant to Standing Order No.45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Legal Affairs and Human Rights on the reported registration of voters using National Youth Service (NYS) kits. In the statement, the Chairperson should:- (1) Clarify if the Government is aware that on the night of 13th February, 2017, people were registered as voters at the Administration Camp in Embakasi West Constituency, Super loaf Primary School in Mowlem Ward and Presbyterian Church of East Africa (PCEA), Karura in Runda using registration and identification kits belonging to the NYS instead of the recommended Independent Electoral and Boundaries Commission (IEBC) Biometric Voter Registration (BVR) Kits acquired for that purpose. (2) Explain why the exercise was undertaken by NYS recruits and not IEBC personnel who were the rightful personnel for that exercise. (3) Clarify where registration and identification kits belonging to the NYS were used instead of the recommended IEBC BVR kits acquired for that purpose. (4) Explain if the Government has taken any measures to withdraw the NYS kits and to publicise and deregister any voters who may have been registered using the said kits. (5) Assure the Senate that such malpractices will not recur in future and care will be taken to ensure the NYS kits are not used for purposes other than those for which they were intended.

We had other statements. What is it, Sen. Okong’o?

Mr. Speaker, Sir, I would like to ride on Sen. Mutula Kilonzo Jnr.’s statement regarding registration equipment found under mysterious circumstances. The IEBC should assure Kenyans whether they are ready and geared for the next election which is paramount to this nation.

Sen. Okong’o, I did not hear you.

Mr. Speaker, Sir, I think you were engaged, looking at the Standing Orders, and you forgot that a presidential candidate was speaking. I would like to ride on Sen. Mutula Kilonzo Jnr.’s statement regarding the IEBC. Considering that there is an array of backlog in legal infrastructure, the IEBC should inform us whether it is ready and set for the August elections.

Mr. Speaker, Sir, I would also like to add to what Sen. Mutula Kilonzo Jnr. has requested for. The statement should include a finding from the police at the Runda and Gigiri Police Stations where those who were purported to be trainees from the NYS used a NYS bus which was arrested at Runda Police Station. Therefore, the information that the police, both in Runda and Gigiri, have on the matter 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 wish to get a clarification from the IEBC if a window would be opened for the large number of Kenyans who are applying for IDs and willing to participate in the next election to make sure that they register as voters. Otherwise, it has been noted that a large number was in the rush, looking for IDs in order to participate in the coming elections.

Next statement. Proceed, Sen. Karaba. WAIVER OF LOANS TO COFFEE FARMERS IN MT. KENYA REGION

Mr. Speaker, Sir, I rise pursuant to Standing Order 45(2)(b) to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding the waiver of loans to coffee farmers in Mt. Kenya Region. In the statement, the Chairperson should:- (1) State the consolidated amount of loans waived by the Government. (2) Give a breakdown of the waived amount per county showing the number of coffee farmers who benefited from that waiver. (3) Explain the actual benefits that will accrue to a coffee farmer from the region following the waiver and whether the waiver would lead to higher coffee yields. Mr. Speaker, I have another statement.

Proceed.

Mr. Speaker, Sir, I am sorry. I think that is all.

There are two chairpersons in the two statement requests. The first one is on Sen. Mutula Kilonzo Jnr.’s statement. Where is the Chairperson or Vice Chair of the Committee on Legal Affairs and Human Rights? Proceed Sen. Sang.

Mr. Speaker, Sir, appreciating the urgency of the issues raised but also cognizant of the many riders that we have received, I request one and a half weeks.

It is so ordered. Where is the Chairperson or Vice Chairperson of the Committee on Agriculture, Livestock and Fisheries?

Mr. Speaker, Sir, in view of the detailed manner in which the statement is sought, I request for two weeks.

It is so ordered. On the earlier matter of amendments to the County Early Childhood Education Bill which I gave the Committee on Education two weeks, I would like to revise that to one week. The work has already been done. You are just looking at the proposed amendments from the National Assembly in the light of what the two Members had pointed out.

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Mr. Speaker, Sir, on Wednesday last week I sought a statement regarding the welfare of former councillors in the defunct local authorities. It was directed to the Ministry of Devolution and National Planning. However, the Chairperson insisted that statement was supposed to have been directed to the Committee on Implementation because it is a matter that this House had already resolved. Therefore, I will seek your direction now that the House reconstituted the membership of the Committee on Implementation, so that we can have a response on the same.

Mr. Speaker, Sir, on the Order Paper there is a Statement that was sought by Sen. Ong’era on the Biometric Voter Registration (BVR) kits allegedly stolen from Mandera by the Al Shabaab terror group. This has been featuring for the last few days and the Senator is not here. There is a precedent in this House where the Speaker has ruled that when a Statement is of great public interest, such as this, it can be answered for the purpose of the House. I want to seek your indulgence and guidance so that this Statement can be given, if it is available, even though Sen. Ong’era is not here.

Sen. Billow, it is ‘Statement to be requested.’ Therefore, that is a different proposition. With regard to Sen. Sang, it is true that you sought that Statement and it was committed to the Committee on Implementation, which was approved yesterday. I want to believe that the first business, after they elect the Chair, will be to deal with that matter. What is it, Sen. (Prof.) Anyang’-Nyong’o?

Mr. Speaker, Sir, while on the issue of the welfare of the former councilors in defunct county councils, there is a matter still pending before the Committee on Labour on their pensions. I have received two emails from former councilors in my own county and they are wondering whether the Committee on Labour, Chaired by Sen. Madzayo and deputized by the young Senator from Gilgil--- We have entered kipindi cha lala salama and should dispose of important issues expeditiously.

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

Sen. Kanainza, whom do you want to inform?

Mr. Speaker, Sir, I want to inform Sen. (Prof.) Anyang’- Nyong’o.

Order! Sen. (Prof.) Anyang’-Nyong’o had already finished his submission. Let us go to Sen. Wangari.

Mr. Speaker, Sir, there are two different issues. There is the Bill on pensions for county workers and the issues that were raised by the former councilors. The Bill on pensions was stood down from First Reading last week. We hope that it will be on the Order Paper this week. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, this House has passed many Motions, but we do not seem to be getting any feedback from the Committee on Implementation regarding the progress. Would I be in order to ask that, in the Order Paper, there be a provision for reporting progress made on all the Motions that have been passed by this House? There are very many, but it seems that very little has been done in terms of implementation.

Mr. Speaker, Sir, to respond to the issues raised, the Committee on Labour is supposed to bring the report back to this House before the Committee on Implementation works on it. I believe that once the Committee on Implementation is properly constituted we shall give you a report on what has already been done. We had prepared the report in the last Session and will definitely present it to the House.

Mr. Speaker, Sir, it is important to put it on record that the Committee on Labour and Social Welfare concluded the matter. We debated and the resolution of the House with regard to the issue of pensions for former councilors was made. Is Sen. Kanainza in order to take this House in circles? She is trying to take us back to the Committee on Labour and Social Welfare, when the work rests squarely within the Committee on Implementation. With regard to Sen. Ndiema, you have communicated severally in this House that we have the opportunity to make our submissions on some of the proposed amendments to the Standing Orders. Is he, therefore, in order to use the platform of this House to suggest matters that he can direct to the Committee on Rules, so that we can capture and conclude them?

Order, Senators! The issues were actually requested of the Chair, but many Senators seem to be in a mood to try to explain one issue or another. Quite a number of views were very useful, particularly the ones from Sen. Wangari, who is the Vice-Chair of the Committee. Others views were not very useful. Sen. Ndiema is at liberty to use the Floor of the House to make suggestions, but as pointed out by Sen. Sang, we have a framework. You are all invited to make suggestions to the review of the Standing Orders, which we have almost completed. That opportunity is still available to Sen. Ndiema to make those good proposals. The arrangement we have now is that once a Committee has done its job and tabled a report, whatever recommendations are contained in that report will be followed by the Committee on Implementation. You cannot go back to the originating Committee; it would have done its job. With regard to the County Pensions Bill, it was on the Order Paper last week, but we stood it down for further consultations. Since those consultations do not seem to be heading anywhere, I have directed that, that Bill be on the Order Paper tomorrow. I agree entirely with Sen. (Prof.) Anyang’-Nyong’o, and as earlier stated by Sen. Mutula Kilonzo Jnr., time is not on our side. Some of the critical Bills must be expended in good time. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Speaker, Sir. I stand to congratulate this school. Being the best primary school in Makueni is something because Makueni County has one of the best schools in the country. Therefore, being the best school in Makueni, it tells us that this school has performed very well. Let me take this opportunity to congratulate the staff, the parents and the pupils of this excellent school and urge them to make sure that even this year they do much better. I would also like to congratulate my colleague Sen. Mutula Kilonzo Jnr. for recognizing this effort and bringing these lovely people into this Chamber. Thank you.

Mr. Speaker, Sir, as I welcome the pupils from Ikalaueni Primary School from Makueni County. I also want to note that Sen. Mutula Kilonzo Jnr. has been very consistent in bringing children here to learn; not once or twice. He has done very well as to also being a role model to them. Being number one and especially a Matiang’inumber one, should actually be congratulated and I hope that they can be able to learn and be encouraged that they will be here where we are seated today in the next few years to come. So, congratulations.

Thank you, Mr. Speaker, Sir, for allowing me to congratulate the visiting students from Ikalueni Primary School, Makueni County. I congratulate them for having done so well as a County and Sub-county. On behalf of myself and as the Chairman for the Committee on Education, I welcome them to this August House. Thank you.

Order, Senator.

Thank you very much.

Thank you, Mr. Speaker, Sir. Let me take a few minutes to commend my colleague---

Order, Senator! Your colleagues so far have done under one minute.

Mr. Speaker, Sir, I would like to commend my colleague, Sen. Mutula Kilonzo Jnr., for having brought these young people here to this August House to learn a few things. I am an educationist in my own right. I want to encourage these students to pursue their ambitions and we expect by the time history is going to be written some of them will find their way into this August House. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I join my colleagues also to welcome these young beautiful students from Makueni. I hope they will imitate the hardworking Senator for Makueni and one day, they will be sitting where the Senator is seated after successfully going through with their education. I believe with that kind of effort from the Senator, I hope the students are in safe hands and hoping that this will encourage them more. Thank you.

Let us go to Order No. 8.

Order, Members! Before we ring the Division Bell, I want to draw your attention to Standing Order No.63 because that will apply to quite a number of Orders; Nos.9 and 10. (1) In every instance where the Constitution lays down that a fixed number of Senators is necessary to support the moving of, or to decide any question on a Motion, any amendment Motion to such Motion shall not be passed unless supported by the fixed number of Senators required to pass the original Motion. (2) “Notwithstanding paragraph (1), whenever a Bill or a Special Motion that requires a special majority in the Senate fails to obtain the required majority when the question on the Bill or the Motion is put and the vote result in a majority of the “Ayes” but the “Noes” have not numbered at least one third of all the Senators, the Speaker may direct that a further vote be taken on the particular question and the further vote shall be taken within five sitting days from the day the first vote was taken.” This is the fifth day of this particular vote. So, you must deal with it in whichever way. (3) “If the Speaker does not direct a further vote under paragraph (2) or if on such further vote the vote majority is not obtained, the Speaker shall declare that the Motion is negatived.”

On a point of order, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Hon. Ethuro)]: What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Speaker, Sir, I am very concerned about the vote we are about to take. Allow me a minute or two to say that for the first time, I will request that you do something unusual, particularly under Standing Order No. 1 because of the following reasons. One, there is a pending Petition, although we are going for elections and we are not worried, to wind up the House. We have told the House, and I have been participating in the legal process, that we are going to take a vote. Therefore, we have requested the Judiciary to give us time to take a vote. This Bill was lost by five votes in December. You had directed that we vote on 5th January. On that day, this Bill was not in the Order Paper and all these benches were full. Mr. Speaker, Sir, even now I can see that we will not meet the threshold. It will be of great tragedy for this Senate and the law that we will not have achieved the one-third gender rule. I plead that we find a method that is both legal and real to the extent that you do not call the vote. Under Standing Order No. 63(3), the condition is that if you do not direct a further vote or if after such vote, the fixed majority is not obtained, I plead with you to defer this order to either tomorrow or---. I am alive to the fact that the Whips of this House have not asked us to come and vote. Even if they did, they never mentioned that we need 45 Senators seated here. The threshold is very high. Lastly, I am aware that some of my colleagues are in Jeevanjee Gardens launching a very big party. Therefore, I want you to take public notice of these facts and defer the vote for this particular issue in view of its constitutional significance.

Mr. Speaker, Sir, I wish to second the request by Sen. Mutula Kilonzo Jnr. because the circumstances are unique. You know that women of Kenya work so hard. It is because of circumstances beyond our control; for example, on the 4th of January, 2017 we would have voted. I urge you to exercise your discretion and defer it again.

Mr. Speaker, Sir, I also request that you take judicial notice of the sentiments expressed by Sen. Mutula Kilonzo Jnr. and look for a way of deferring this very important Bill. The women of Kenya are waiting for this House to salvage their interest. The Whips of this House and all the coalitions must stand up and be counted at this crucial moment. It is incumbent upon you to juggle within the legal framework and see whether we can salvage this Bill.

Mr. Speaker, Sir, I would also like to add my voice on this. It is very disturbing that this issue has dragged for a long time. I would like to support the sentiments of Sen. Mutula Kilonzo Jnr. Let us find a time when all of us are committed. When it comes to such an issue, we all need to be united so that we support it.

Mr. Speaker, Sir, I would urge you to use all the powers within your discretion to defer this matter either to tomorrow or any other day. This is because if this Bill will not be passed today, it will be like the beginning of the darkest day for women. As we all can remember, the issues of affirmative action have been with us for a long time. It is my sincere hope that the Senate will not be a House where this Bill will be defeated or negative when the vote is called. 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 believe somewhere in the Constitution, I am not very sure, maybe you can help me, this House or Parliament can sit anywhere in the Republic of Kenya. I believe that is constitutional. I think Parliament can sit anywhere? Can it, Sen. Mutula Kilonzo Jnr.?

Yes, Senator.

Yes, it can. I was going to propose that if we, indeed, go for the retreat and we have the requisite numbers, can we sit as a House and pass these Bills? We should urge everybody to go to the retreat then use the retreat to sit as a House and pass these Bills because we shall have the numbers. We can move a Motion that we exploit the provisions in the Constitution and have Members sit and pass these Bills rather than waiting.

Thank you, Mr. Speaker, Sir. I join my colleagues in asking for a plea from you. This matter about one-third or two-thirds gender rule is not about women. It affects all of us. Right now, we may try to play about it because we are nearing elections, but what happens after the 2017 elections? What happens in the other Parliament if we are not able to elect the one-third or two-thirds gender? As much as we may look at this Bill or this matter as a women issue, the youth are also affected, together with people living with disabilities. I humbly request that you defer this matter until we have the numbers. I urge my colleagues, both female and male Senators, please, let us save this country. This will at least give a face to the Senators. We will be seen as having been able to do something that is remarkable to this nation. We will be remembered for this important Bill and devolution.

Thank you, Mr. Speaker, Sir, for giving me this chance to also add my voice to this very important issue. I empathize with my colleague, Sen. Sijeny, who carries a very important vision that can save this country a lot of money when you put into context the repercussions if we do not pass this Bill, and come next Parliament, we do not observe the two thirds gender rule as it is so called. Unfortunately, the sympathy that she has drawn is from the wrong quarters because while we sympathize with her, some of us do not have the powers to summon our colleagues into this House. There are people with responsibilities and as you give guidance today, I think it would be good just to make a point to them that responsibilities are just that. You cannot be called a Majority Whip, have a nice office within the precincts of Parliament but at the most important hour of need where you are needed to whip your colleagues to pass an important Bill like this one, you are nowhere to be seen. I think as you make your ruling, please spare some tongue-lashing for these people who have let us down.

Mr. Speaker, Sir, I join my colleagues to ask that this matter be deferred so that we can have the numbers that can make us pass this Motion. When we talk about wage bill and having a large number of legislators, I believe that when we have an equal number of male and female legislators, the issue of wage bill 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. Remember there is no debate before you, so do not delve into the merits and demerits of the Bill.

Mr. Speaker, Sir, I rise to also request you to give us more time. Definitely we know our Whips have the duty to whip us but also many of us who have an interest in this Bill will be able to whip our colleagues so that we can be able to vote on this matter. As interested parties, we tried to canvass and lobby outside this House, the other day and we will continue to do it and if possible kindly give us a date next week so that we can be able to push our colleagues.

Mr. Speaker, Sir, on the matter of the Gender Bill, it is really very unfortunate on the Constitutional Amendment and I wish Sen. Sijeny was listening. This is because we in the leadership - I speak for the leadership of Jubilee Coalition - have actually done everything possible to mobilize people to vote. Last time we lost the vote, I realized that there are people who were intentionally absent from voting. Not being available to vote is a vote. You will realize that we have postponed this thing. There was a time we had a Special Sitting and we should have achieved the numbers that time. Some people, including the leadership on the other side walked to the rest rooms, to evade voting on this matter which means there are some people who are unable to vote “no”. They do not want to vote; “yes”,” no”, or abstain. They have made up their minds that they want this thing to fail but they do not want to be here because they fear public scrutiny. I wish we were bold enough as Senators to take a stand. If you are voting “yes” or “no” you do so and that is why I take cue from what Senators have said here that you give us one last chance which should be in the glare of the public. If you say we come back tomorrow, Tuesday or Wednesday next week, we will know that those who will not be here will not have been here by choice. However, it is disheartening that - Sen. Sijeny should take note of this - that our sisters who are here and were nominated to this House for the desire to fight for gender rights were not here last time we voted, are not here today and are not even taking it upon themselves as a matter of course to fight for the cause that brought them here and that will facilitate room for more women to come here. It has been left to us; the champions of women rights to stay here. Give us another day and I will do everything possible within my powers---

Order, Senator. I appreciate your self-appointed position. I have allowed every Senator who wanted to say one or two things on this matter liberally and you are flogging a dead horse. If there is a better champion of this cause, it is your own Speaker. On 28th December, 2016, when we had a Special Sitting on another matter, I made a deliberate decision to include this particular Bill since I knew we would have captured the numbers that day. In fact, some of the Members of the Senate Business Committee (SBC) even questioned that. We put our case and we succeeded. You can also remember 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, hon. Senators. Time has elapsed. Close the Door and draw the Bar, and then we start voting.

Sen. Sijeny

Sen. Cheruiyot

Order, Senators. The results of the Division are as follows:

0 The Bill is, therefore, negatived.

Draw the Bar and open the door. Next Order! THE CONSTITUTION OF KENYA (AMENDMENT) (NO.2) BILL (NATIONAL ASSEMBLY BILL NO.2 OF 2015)

Order, Members. I, therefore, wish to put the Question; that The Constitution of Kenya (Amendment) (No.2) Bill (National Assembly Bill No.2 of 2015 be now read a Second Time. Ring the Division Bell for one minute.

Sen. Sijeny.

Sen. Kanainza.

Order, Senators! The results of the Division are as follows:

Order, Senators! I, therefore, wish to put the Question; that The Constitution of Kenya (Amendment) Bill (National Assembly Bill No.26 of 2013) by now read a Second Time. Ring the Division Bell for one minute.

Sen. Cheruiyot.

Sen. Ong’era.

Order, Senators! The results of the Division are as follows:

On a Point of Order, Mr. Speaker, Sir. Since the Bill is not a Constitutional Bill, I plead with you to defer it to next week, so that we can get more numbers to vote for it. It is a good Bill.

Order, Senators! Standing Order No.54 (3) allows the deferment of the putting of the question to another day. I, therefore, order that Order Nos.11, 12, 13, 14, 15 and 16 on the Order Paper, be placed on the Order Paper tomorrow.

Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order 28(1), this House approves the Senate Calendar (Regular Sessions of the Senate) for the year 2017 (February to August, 2017), laid on the Table of the House on Wednesday, 22nd February, 2017. This is a document that sets out the events in terms of what we, as a Senate, are expected to do. It helps us to be very clear on the dates that we are to be in this House. We know that we are soon going for general elections. We are winding up in terms of our sessions and our activities in this House. With this calendar, we will be able to prepare our contributions adequately. 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, the calendar as submitted by the Mover is a fairly straightforward matter. Therefore, I beg to second.

Thank you, Mr. Speaker, Sir, for allowing me to make my contribution to this Motion. I want to support the Motion because we need to move from an informed perspective by having a calendar that will direct us on when to be in the House and when to be in our counties meeting our people. It is important that this House is directed through a calendar that has been approved by Members of the House. For that reason, I support.

Thank you, Mr. Speaker, Sir. I also take this time to congratulate the leadership of the House for coming up with a very good schedule of the days and the months which will help us conduct our business. I also congratulate them for giving this House a chance to debate it and amend it, if possible. From that point of view, I support it because hon. Senators will have ample time to tour their counties and take part in the nominations exercise in their political parties. Mr. Speaker, Sir, it is important to have this calendar because when it comes to special sittings, most of us are inconvenienced. For example, on December 28th, 2016 and January 5th, 2017, we were summoned through a Kenya Gazette Notice. Our holidays were interrupted and we had to come here. With such a good schedule, I urge the House to try as much as possible to avoid Special Sittings. With those few words, I support.

Mr. Speaker, Sir, I stand to support the Calendar that is before us. It is also important that we are informed of other activities or events of the Senate on time. This morning we were invited for a retreat to be held tomorrow in Naivasha. This was done through the WhatsApp Group. I do not know if this is a formal way 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

On a point of order, Mr. Speaker, Sir. Is the hon. Senator in order when she comes to the House late after you had communicated about the workshop officially and then she stands and questions about WhatsApp which is also a very modern way of communicating? I believe she is in that age group where they appreciate WhatsApp.

Indeed, Sen. Mositet is right. Sen. Kanainza, I wrote letters inviting Senators for that event last week. I did a reminder today and so the WhatsApp group is normally for reminders in addition to the other normal processes. Proceed, Sen. Kanainza.

Mr. Speaker, Sir, I thank you for informing me. I cannot challenge you but I have not received my invitation yet except for the modern way of communication through WhatsApp. I support this calendar before us and I believe being our final session in the Senate, and the majority of us are eyeing different seats, we shall have very few of us coming here. I believe we shall give it the best in terms of debate, Motions and Bills that will come before us. I support.

Mr. Speaker, Sir, I rise to support. However, I have one comment. I notice on the new calendar that after 16th of June, we shall remain on recess until 7th August, 2017. According to the Constitution of Kenya, Article 102, the life of the Eleventh Parliament and, therefore, the first Senate, expires on 8th of August, 2017. Is it true that we are adjourning sine die ? I would have thought that the provision that we are adjourning sine die would be indicated on the 16th, June when we shall adjourn sine die . Somebody told me that they pronounce it differently in Spanish but I read it the way I am pronouncing it. For purposes of the record, I would like that you clarify if I am wrong and if I am right, then let the record capture it properly. I support.

Maybe, to help Sen. (Dr.) Khalwale, Sine Die refers to the period from 6th June to 7th August, 2017. So the adjournment takes place on the 16th of June, 2017 and ends when the term of Parliament expires. So it expires correctly as you have said on the date of the next General Election, whose date is 8th August, 2017.

So obliged, Mr. Speaker, Sir.

ADOPTION OF EALA REPORTS AND RESOLUTIONS THAT, the Senate notes the Report of the Standing Committee on National Security and Foreign Relations on the EALA Reports and Resolutions pursuant to Standing Order No.235 laid on the Table of the House on Tuesday, 19th April, 2016. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I wish that the Senate adopts the Report of the Standing Committee on Education---

Order Senator. Repeat in the normal manner of moving a Motion.

Mr. Speaker, Sir, I wish to move the following Motion:- THAT, the Senate adopts the Report of the Standing Committee on Education on the 38th Session of the UNESCO General Conference in Paris, France held at UNESCO headquarters from 3rd to 18th November, 2015 laid on the Table of the House on 14th April, 2016. The Report which is cited here was on the 38th Session of UNESCO in Paris, the capital city of France. As indicated in attendance, we had two Members, Sen. Mohamud the Vice-Chair and Sen. Daniel Karaba the Chairperson. The Committee is the oversight of the Ministry of Education Science and Technology. We were able to meet quite a number of parliamentarians from other member countries and Kenya was able to be associated closely with the activities of UNESCO during the meeting.

During the meeting, 95 member states and 9 associate members attended. During the conference, the Committee joined other Kenyan delegates and successfully lobbied for Kenya to be elected to the executive board for the period of 2015 to 2019. It is worth noting that Kenya was elected in a competitive election where there were eleven African countries for seven seats. Together with Kenya, other African countries that were elected include Cameroon, Cote d’voire, Ghana, Nigeria, Senegal and South Africa. Through the membership, Kenya will be able to contribute and benefit immensely from UNESCO programmes. The Committee also participated in high level side events on education including Education 2030 Framework for Africa, education to prevent and counter violent terrorism. We also participated in a meeting on preventing and addressing violence and discrimination based on social orientation and gender identity through education. The committee observed and appreciated the critical role that education played in fighting the menace of extremism and towards tackling the roots of terrorism. It is, therefore, the strong belief of the Committee Members that this will be reflected in the curriculum in the country. The Committee further noted the achievement that Kenya has made since joining UNESCO, which has seen the upgrading of the UNESCO office in Nairobi into a multi- 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

If you are referring to a report, you just need to refer to your notes but not to read word for word.

Mr. Temporary Speaker, Sir, that is exactly what I am doing. During that time, Nairobi was named as a centre for multi-sectoral regional office where quite a number of other countries which I have cited would be involved. That includes Uganda, Tanzania, Rwanda, Ethiopia, Djibouti, Comoros, Eritrea, Madagascar, Mauritius, Seychelles, Sudan and Somalia. While the Committee was there, we were able to make quite a number of observations including when the laptops are to be given to schools, it is necessary to involve the teachers so that they may have the capacity to deliver what is necessary and relevant to the pupils. We also noted that teachers should be promoted on technical education and vocational training so that they can create employment and opportunities for the nation’s ever increasing population so that we can handle the technical education that is relevant according to UNESCO. Mr. Temporary Speaker, Sir, it was also noted that education is a very critical tool in curbing violent extremism. We therefore recommend that education against extremism should be included in the curriculum. Generally, we noted that the Ministry of Education, Science and Technology should work with UNESCO to organise a programme to train teachers on Information, Communication and Technology (ICT) and this should integrated in the education system. Therefore, every person trained on education should also have computer skills. We should also have a policy on the laptop project in Kenya where we will be able to track the implementation. It should not be done haphazardly. The laptop project should take a process instead of having it done in some schools. Before it is done, there should be a process which will consider the implementation of this project in terms of sustainability. Mr. Temporary Speaker, Sir, the Committee also noted that they should integrate age appropriate comprehensive sexual education into the curriculum. We should have sexual education taught or integrated into the curriculum. Therefore, there should be adequate resources in the budget for partially technical education and vocational skills. The education budgetary allocation should make sure that the money is enough to cater for technical education and vocational skills so that education is seen to be a brief by all. The national government should consider devolving infrastructure; buildings and the likes and development funds for primary and secondary schools to counties. With that, the Committee was satisfied with the development that was taking place in UNESCO. We interacted quite a lot with the other members. UNESCO has three bodies; the general conference, the executive board and the secretariat. Kenya was able to interact with all the three UNESCO bodies. This is a bi-annual conference which is held after every two years. Normally, the Senate and the National Assembly attend because it is good for us. We are grateful that the Senate provided our Committee with the necessary facilitation for the two of us to travel to Paris and as a result came up with this report. It is important to note that more of these interactions should be encouraged so that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir. I rise to second this Motion. I would like to start by stating the importance of UNESCO in matters education. UNESCO has been in existence for a very long time. It has, at various times given initiative in terms of policy, direction in terms of education and it also does social audits. The forum allowed many educationist to come together to discuss various issues in the various countries who are members of UNESCO. For Kenya and the Kenyan delegation, the forum gave a very important chance to discuss some of the key issues that are pertinent in our own education system. The issue of laptops featured and recommendations have also been given in terms of the way forward for the specific provisions. Prince Haakon of Norway opened he education symposium and it is important to note that I really admire the way education is taken in the international context because to have such a dignitary come to open the forum, it sent a strong message to the delegates who attended that forum. Mr. Temporary Speaker, Sir, this particular forum takes place every two years and it is the supreme policy making body of UNESCO. It was good that we had a delegation so that the policy issues that would be discussed can be cascaded back to Kenya. I thank the Committee on Education which I am also a Member, especially the delegation that went for this particular forum, because they came up with this report in a very speedy and concise way. Looking at the issues, they are very critical. Kenya has also played an important role because they have been elected to the executive board for the period between 2015-2019 which is ongoing for which we have anchored ourselves into UNESCO. That means that we can catapult ourselves in terms of the contributions that we are making. Together with other African countries that have been elected, it gives us a context. I am sure that during the meetings, this must have been a caucus group that met separately and discussed specific issues of education that afflict the African context. Mr. Temporary Speaker, Sir, it is clearly stipulated that the Committee participated in terms of the forum and the side events in setting up the 2030 Education Framework For Action (EFFA) stipulating the specific areas. The FFA indicates the goals that had been put forward in terms of what needs to be achieved by 2030 which is not very far from now. However, it also cascades various issues such as education for all which is critical. It also looks at the transition from primary to secondary school and the rate of transition. It also looks at the issue of secondary education and the expenses that go into it and the affordability of it. It also looks at quality education which is very critical and moves to other issues such as relevance of university education for the market and the way the courses are able to cascade downwards and meet the market forces. For example if it is an industrial nation, they should focus on industrial programmes. If they are an agricultural nation, they should focus on agricultural programmes. That framework was put together. 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

You will get one minute.

Thank you, Mr. Temporary Speaker, Sir. That appropriate level of education is key and we should not run away from it. On the issue of vocational skills, we need to allocate adequate resources. Lastly, the national Government should consider devolving infrastructural development funds. What comes out of the various counties we visit is that what has been devolved is Early Childhood Development (ECD) centres and polytechnics. Most Governors have found it critical to move into the infrastructural part, because we have ECD that is developed with primary infrastructure that has not been developed. Moving forward, as we think about devolution, we need to empower them, so that they can do a little bit more in their counties, which will not contradict the Fourth Schedule. The Fourth Schedule is about policy being a national issue, but the infrastructure can be devolved without causing a lot of havoc in the education sector. Mr. Temporary Speaker, Sir, I beg to second.

Mr. Temporary Speaker, Sir, we all know that education and training is important to the children and youth of our country or any other society. I want to appreciate the Chairperson and Vice-Chairperson of the Committee on Education who represented us in the UNESCO meeting. Kenya relates well with UNESCO on different matters, including social and human science, culture and communication, as well as education. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. I regret to interrupt the distinguished Senator, but she says that most of us are parents. Could she substantiate what she means when she says that she is a parent?

Mr. Temporary Speaker, Sir, I do not know how best to prove that, but I am a wife and mother. Does the Senator want me to bring my baby to the Senate? I was trying to indicate that once the Government makes a promise to deliver something, it must be done. It is true that Class One pupils in this country were promised laptops and that has not been fulfilled. We know that there is a pilot project that the Government is undertaking in some schools. We also know that the teachers are not competent in the use of these gadgets. Therefore, training should be fast-tracked, so that we can achieve Vision 2030, as well as the Education 2030 Framework for Action. The other recommendation was on integrating age-appropriate comprehensive sexuality education into the curriculum, which would contribute to healthy lifestyles and gender equality in education. It is the work of the Kenya Institute of Curriculum Development (KICD) to review the curriculum and I believe they are doing it. We know that substantial funds are allocated to the Ministry of Education, but there is very little that is being done. We know that counties are in charge of tertiary, technical education as well as vocational skills. Every constituency is trying to set up a technical institution, but it would be important if the Ministry of Education, Science and Technology could streamline this so that we can have a seamless system of education. We should not have many institutions offering the same courses because that will not help our children in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Since we do not have more requests and this is not a Motion affecting counties, we only need voice vote. Can I put the question?

Yes. ( Question and agreed to)

Next Order. ADOPTION OF REPORT ON THE SECURITY SITUATION IN MANDERA, LAIKIPIA AND KAPEDO

Order No.21 – the Notice has not been given.

On a point of order, Mr. Temporary Speaker, Sir. I am a member of the Committee on National Security and Foreign Relations. I thought the notice had been given.

Yes, it was given by the Chair and the Chair is not in the House. Senator, do you want to move the Motion on behalf of the Chair?

Mr. Temporary Speaker, Sir, yes.

Do you have a seconder?

Mr. Temporary Speaker, yes, I do.

Okay proceed.

Thank you, Mr. Temporary Speaker, Sir. I beg to move: THAT this House adopts the Report of the Standing Committee on National Security and Foreign Relations on the assessment of the security situation in Mandera County, Laikipia County and Kapedo (Border Town of Turkana and Baringo Counties) conducted between 19th January and 5th February, 2015 and laid on the Table of the House on Wednesday, 29th July, 2015. As you are aware, around that time we had a very volatile situation on matters security in that part of the country. Therefore, as the Committee mandated to look into matters security, my Committee undertook a fact finding mission and came up with a report that interrogated the issues that were happening at that time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Temporary Speaker, Sir. I rise to second. First, let me start by reiterating matters security have really risen in terms of prominence especially now as we move into the elections period because every time there is some sort of competition then personal interest always comes in. Secondly, matters of security have also escalated because of the drought situation. The reason why I am saying that is that, in counties such as Marsabit, Moyale and Laikipia, we are having shortage of resources especially of pastures because of the drought. As a result of this, cattle rustling has become prominent. The sort of cattle rustling we are seeing now is not the cattle rustling that used to exist before. It used to be the cattle rustling that was a cultural issue where people used to come in from one community, they take cattle and then another community comes and take that cattle and they return it. It is not the sort of cattle rustling that we are seeing today. This is not to worry because now we find cattle rustling which is involving the usage of weapons, killing of people and we are leaving the cultural rustling as we know it. In the Joint Committee on Cohesion and Equal Opportunity where I am a Member, we have tried to address this issue from a legal perspective. We have tried to amend the criminal act so that at the end of the day cattle rustling is a criminal act. However, as you know with issues legislation sometimes it becomes difficult. For example, Female Genital Mutilation (FGM) was legislated on, but when it comes to the actual action, there is a problem. The highlight of this problem was noted in the three counties where this Committee visited specifically in Mandera, Laikipia and Kapedo, overscale to the other counties. In fact, I would not be surprised if this Committee also still has initiatives to go to the various counties to be able to address this problem. One of the issues that have caused a lot of escalation in this is the issue of small arms which are rampant and everybody has this. Many times, people have been asked to surrender these firearms. At times, they surrender but many times, they do not and then it becomes a security issue. Mr. Temporary Speaker, Sir, another issue is that sometimes the security that is deployed in these areas is scarce. If you are looking at the number and the response in terms of being able to respond to a call for help, it becomes limited and even dangerous. Even those security personnel who are expected to go and address the issue are not able to address because they are worried for their own security. So, you find instances of County Commissioners who have been sent to Counties like Laikipia and Samburu; they do not stay there for a long time. Their average period for staying in a particular 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 rise to support this very important Report that makes a wide range of recommendations on what Parliament and specifically the Senate thought would be a good way to intervene so as to address the issue of unnecessary violence, loss of property, injuring of human beings and loss of lives. It is amazing; with the benefit of hindsight, I remember 15 years ago in the National Assembly, I moved a Motion intended to address the issue of cattle rustling. At that time, Hon. Poghisio and Hon. Kamama, the current Member of Parliament for Tiaty opposed, belittled me and said that I was challenging their culture because they claimed that to them cattle rustling was a sport. I remember they said that. I had intended that we amend the Penal Code so as to classify cattle rusting as a capital offence. Currently under the Penal Code, cattle rustling is not given special mention. It is just indicated as an offence associated with robbery with violence. 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! Are you implying that Hon. Nkaissery is not alive or is not in office? Can you clarify what you mean?

Mr. Temporary Speaker, Sir, I am tempted to think that we need a special explanation on the whereabouts of the Cabinet Secretary Nkaissery because when he hears the former Mayor of Nairobi, Mr. Aladwa, say in a rally that we are going to defend the victory of CORD and lately NASA, he charges him with hate speech. However, when Nkaissery clearly sees that Mr. Pepee Kitambaa who would have been a Member of Parliament (MP) for Tiaty and a sitting MCA are shot in a pub in Tiaty, Hon. Nkaissery does not open his mouth. Hon. Nkaissery would rather warn us, the people in the Opposition, against talking about the rigging of elections and registering of voters using the National Youth Service (NYS). I therefore wonder if Hon. Nkaissery is alive.

Order, Senator! You understand our Standing Orders properly. You do not need to mention the names of those who cannot defend themselves. You can come up with a Statement or Motion that could be moved in this House.

Mr. Temporary Speaker, Sir, I am guided. I therefore, wish to commend Hon. Kamama. I am aware that he is reported to have built 15 police stations, posts and patrols in his constituency using the Constituency Development Fund (CDF). However, I would have liked to hear Hon. Kamama condemn the murder of Mr. Kitambaa. His silence is disturbing but I would not go beyond that because you will caution me as you have just done. Allow me to send my condolences to the family of Mr. Pepee Kitambaa and the MCA who were shamelessly and cowardly murdered while relaxing at home. Mr. Temporary Speaker, Sir, retired President, Daniel Arap Moi, the longest serving president in the Republic of Kenya, whose record shall never be broken unless somebody amends our Constitution, comes from Baringo. During his rule, President Moi presided over levels of poverty and illiteracy in his own home. In fact, he ran away from living at home and came to hide in Nakuru. I think that a law should be written in this country that when a man becomes a head of state, he should be stopped from living outside his county so that he can also be a good example to the children who are born in that county that they can become heads of state. President Moi ruled this country for so long. When I will be through with the writing of my book, I intend to describe Moi’s rule as well as that of Mzee Kenyatta and Hon. Uhuru Kenyatta as leadership of the rich, by the rich and for the rich at the expense of the poor. Mr. Temporary Speaker, Sir, I would like to speak to the issue of our police officers, our men and women in uniform. In this report, a lot has been written about police officers. Do you recall that on the 15th of January last year, gallant sons of this county at El Edde were killed? We only heard from Al Jezeera. We do not know what the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Order Senator! Kindly focus yourself on the debate. You cannot mention the President and things to do with Somalia when we are talking of a report.

Mr. Temporary Speaker, Sir, I am guided. If you go through this report, they have spoken to Mandera. We all know that the insecurity in Mandera and the deployment of the security forces of Kenya in Somalia, are inseparable. They are like Siamese twins. You are a busy man but one of these days, accompany me to Mandera to see for yourself. When you are there you can easily step into Somalia and you would not know that you are in Somalia. If you take one step, you will find yourself in Somalia; you take another one and you find yourself back in Kenya.

Your time is up.

Mr. Temporary Speaker, Sir, kindly give me one minute to conclude. In this one minute, I want to condemn the Commander-in-Chief for being seen in State House dancing with the youth when at the time, he was expected to condole with the families of the 68 military officers who died. I beg to support this report.

Mr. Temporary Speaker, Sir, I beg to support this report and thank the Committee for having taken the time to visit the troubled regions of Turkana, Laikipia and Baringo. This region lies in what we call the Saharan region which stretches throughout Somalia, Central African countries including Northern Nigeria. What we learn from Northern Nigeria is that nomadic pastoralism which could be seen as source of problems in Kenya is a well-controlled economy. The Fulanis who dominate the northern part of Nigeria are capable of maintaining free herding and pastoralism as compared to many countries, including Kenya. That is the difference. What we learn from Nigeria is completely different from Kenya. In Nigeria, the Fulanis move their livestock looking for pasture and water during the dry season, and during the wet season they are allowed to move even as far as Sokoto and the southern parts of Nigeria for free. The people will accommodate that as a system in Nigeria. That is the contrast. That is why we have cattle rustling and related problems in Kenya.

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, Madam Temporary Speaker. I also stand to support the Report which is on the Floor of the House. This Report was completed in 2015and the main problem is the border issue in Laikipia, Turkana, Pokot and Baringo. Last week and part of this week, we are still experiencing problems in one of the counties that had already been mentioned. Therefore, the Committee should ensure that the relevant Ministry implements the observations and recommendations that were developed by the Committee. Madam Temporary Speaker, insecurity is on the rise not only in these places but also in other parts of the country. It is unfortunate that the leadership of Jubilee Government is quiet about it. When we look at the observations, there is wastage of public funds. Sen. (Dr.) Zani said that 15 police posts were built using Constituencies Development Fund (CDF). I wonder if that is the way to spend money meant to develop a constituency. The police posts have been built, yet we do not have officers serving in these posts. This means that this was not done on priority basis. There was no public participation to find out from the people if they needed these police posts. Madam Temporary Speaker, we have illegal firearms in the hands of the residents. That is why insecurity has escalated from the normal cattle rustling to the use of force and killings. This affects education. How do we expect children in Laikipia, Turkana, West Pokot and Baringo to compete favourably with other children? A solution must be found soon. Madam Temporary Speaker, the other observation from the Committee is that there is inter-ethnic hostility, which has been witnessed for a long time. There is also political incitement from the leaders. We expect leaders to help restore peace, but they are doing something different. That is why a Senator was engaging--- What is the Commission led by Francis ole Kaparo doing? Up to date, he has not mentioned anything about this. Recently, we heard about our soldiers who died in El Adde and many other places in Somalia, but the President and Cabinet Secretary are quiet on this matter. There are many young widows; the wives of the soldiers who died in the line of duty. The Jubilee administration should account for what it has done to restore security in this country. Madam Temporary Speaker, I do not want to talk about the living standards---

You have one minute.

The police live under poor conditions. They do not get clean water, electricity supply and good housing, yet we expect them to serve our county well. The money that is allocated to the Ministry should be used properly and to improve the living condition of police officers. I wish to rest my case by saying that the Biometric Voter Registration (BVR) kits were in the wrong hands. The other day we saw them being used in Eastleigh. This issue should be addressed by the leadership of the Jubilee administration. 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, it is now 6.30 p.m.; time to adjourn the House. The Senate, therefore, stands adjourned till tomorrow, Thursday 23rd February, 2017, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate