Hon. Senators, I am aware that some Papers are to be tabled but I do not see any request before me.

Mr. Speaker, Sir, I would like to lay on the Table of the Senate---

Order, Senator! I have just seen you walk in. You have not requested. The request has not been granted. I do not know what you are about to do. What is it, Sen. Leshore?

On a point of order, Mr. Speaker, Sir. I beg your guidance on Order No.1. We took oath when we came to the Senate. I propose that we take oath every year. That way, we will renew that oath because some of us have forgotten. Why do we not change the Standing Order?

I will definitely put that request to the Procedures Committee. Sen. (Prof.) Anyang’-Nyong’o, laying of papers is done from the Dispatch Box. I hope Sen. Leshore was not making reference to you.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 23rd February 2017. 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! Permission denied. You will get that opportunity later. Next Order!

Mr. Speaker, Sir, I beg to give Notice of the following Motion;- THAT, the Senate adopts the report of the Sessional Committee on County Public Accounts and Investments (CPAIC) on the inquiry into the financial operations of Kiambu, Busia, Tana River, Trans Nzoia, Nyandarua, Migori, Kwale, Kisumu, Samburu and Kericho County executives for the Financial Year 2013/2014laid on the Table of the House today, Thursday, 23rd February, 2017. APPROVAL OF SENATORS TO SERVE IN THE SESSIONAL COMMITTEE ON CPAIC

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, Pursuant to the Standing Orders No.177, 179 and 210, the Senate approves the following Senators nominated by the Senate Business Committee to serve in the Sessional Committee on CPAIC:- 1. Sen. Wamatangi Kimani 2. Sen. Stephen Ole Ntutu 3. Sen. (Eng.) Muriuki Karue 4. Sen. (Prof.) John Lonyangapuo 5. Sen. Martha Wangari 6. Sen. Chelule Liza 7. Sen. Njoroge Paul Ben 8. Sen. (Dr.) Boni Khalwale 9. Sen. Omar Hassan 10. Sen. Sitswila Wako Amos 11. Sen. (Prof.) Nyong’o Anyang’ Peter 12. Sen. Ndiema Henry Tiole The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, this 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.

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 tracking of development expenditure in county governments through the Integrated Financial Management Information System (IFMIS). In the Statement, the Chairperson should:- (a) State whether all county governments are IFMIS compliant in terms of making all procurement process through IFMIS; (b) Table approved budgets for county governments for the 2015/2016 and 2016/2017 Financial Years. (c) Confirm whether all county budgets are programme based and adhere to the 30 per cent development fund allocation as per the Public Finance Management Act; (d) Table a print-out of the IFMIS statements for all county governments for 2015/2016 and 2016/2017 Financial Years showing pay outs related to development expenditure; (e) Confirm that some of the expenditures in county governments are not budgeted for and not in line with the approved budgets; (f) State whether he is aware that some of the county governments are paying contractors for projects not undertaken and suppliers for goods and services not rendered. (g) Explain the measures that have been undertaken to ensure that county government resources are not misused during this electioneering period.

The Vice Chairperson, Committee on Finance, Commerce and Budget.

Mr. Speaker, Sir, the details required by the Senator are many. We may require maybe a month or so. However, I believe that it is very important so that we are able to see what has been happening. I, therefore, plead with the Chairperson that you give us one month.

What is it Sen. Karaba?

Mr. Speaker, Sir, the question is very important considering that the nominations to various parties will be next month. If we are going by what the Chairperson, Committee on Finance, Commerce and Budget is suggesting, these The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I am shocked by that request because this is a very urgent issue and what I am requesting are documents available in printout in the Integrated Financial Management and Information System(IFMIS). We are not talking about an investigation. We just need to look at where the approved budgets are. A printout from the IFMIS does not take more than a week. If the Vice-Chair appreciates the urgency and importance of this matter, this is something that should be done within a week. The request appeared long but the long and short of it is just a printout of the IFMIS statement and the provision of the approved budgets. These are things that are available within the Controller of Budget’s Office and Treasury. One week really would be sufficient.

Mr. Speaker, Sir, allow me to ride on that very important statement requested by Sen. Sang from Nandi. I remember that there is a Bill that has been on our Order Paper proposed by Sen. Wamatangi of Kiambu regarding the assumption of office in the counties which is very much related to the Statement that the Senator is requesting. Could I request the Senate Business Committee (SBC), because of the importance of this Assumption of Office Bill and the importance that that Statement requires, that we fast-track this Bill as much as possible so that we can dispose of this in the Senate and it can go to the National Assembly and see daylight before it is too late? I beg to support.

Sen. Mositet.

Mr. Speaker, Sir, when I was requesting for one month I never really meant that all through we will not be looking for the response to the Statement. We may even get it within two weeks or one and we will bring it the moment we get it.

You are introducing a strange procedure to the House.

Kwa hoja ya nidhamu Bw. Spika.

What is it Sen.Madzayo?

Bw. Spika, swali lako kwa Sen.Mositet lilikuwa ni muda gani anaohitaji na akasema ni muda wa mwezi mmoja, yaani siku thelathini. Hivi sasa wamuuliza Mositet na anasema vile unavyoona tu. Kama siku saba ama siku nne. Lazima awe na ukamilifu wa siku vile ulivyomuuliza. Hivi sasa tunataka kujua ni muda gani atachukua kuweza kuleta majibu hayo.

What is it Sen. Lesuuda?

Mr. Speaker, Sir, just riding on what Sen. Madzayo has said, the procedure, normally, is that you give the exact time and then if you are not ready you can request for more time. Having said that, I think this issue is very important and needs to be fast-tracked as it was mentioned. I know we are getting into the campaign period and it is important that we get information early---- 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. Lesuuda. I will help the Vice-Chair of the Committee on Finance, Commerce and Budget. Bring your response in two weeks’ time. Sen. Karaba! THE KMTC CAMPUSES IN THE COUNTRY

Mr. Speaker, Sir, I rise pursuant to Standing Order 45(2) b to seek a Statement from the Chairperson of the Standing Committee on Health regarding the Kenya Medical Training College(KMTC) campuses in the country. In the statement the Chairperson should: Table a list of all Kenya Medical Training College campuses in the country and the respective counties where they are located. Explain why there is no KMTC campus in Kirinyaga County and indicate when the Government intends to establish one.

The Chairperson, Standing Committee on Health.

Mr. Speaker, Sir, one week will be enough for that.

Order, Members, from there we will move to the Supplementary Order Paper.

Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order Nos. 177, 179 and 210, the Senate approves the following Senators nominated by the Senate Business Committee to serve in the Sessional Committee on County Public Accounts and Investments- 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 second the Motion. In doing so, let me start by saying that looking at the list of the Members that have been put on this Committee, you will realise that the terms of everybody who sat on this Committee in the previous session have been renewed except me. I am the only one who has been dropped from this Committee. I would like to state that I do not think I was dropped because of non-performance but I think it is because of other political considerations. My Chairman will bear me witness. I accept the decision of the Jubilee Party because I was nominated to that Committee by it because at that time I was a Member of the United Democratic Forum (UDF) which was working with Jubilee. So, I accept the decision but it must be on record that I have been dropped, not because of nonperformance but because of other political considerations. Mr. Speaker, Sir, this is a very important Committee of this House. The key mandate of this House as stipulated in the Constitution is legislation, representation and oversight. The CPAIC is vested with that responsibility of oversight over counties. Therefore, it is a very important Committee. I sat in it in the last four sessions. I can guarantee you that this Committee is like a full time job. It is so much time-consuming. I urge the Senators who have been put in the Committee as requested by the Mover, to try and spare time because we were lagging behind. We were still looking at the accounts of 2014/2015. We have not even started looking at 2015/2016. With the rampant corruption that we witness in our counties, it is absolutely important that this Committee is supported and given all that is required to ensure that they provide checks and balances to what is happening in the counties. Mr. Speaker, Sir, I, therefore, wish them well. I beg to second.

What is it, Sen. Obure?

On a point of order, Mr. Speaker, Sir. Sen. Khaniri has been very gracious in seconding the Motion but he has raised some fundamental issues in the process. I am aware that he has been a very prominent and active Member of this Committee. However, I am surprised that his name is not included on the nomination list. Could we know if there were other considerations at play in excluding the name of a very able and active Member of the Committee? 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. Obure. First, that is a point of argument and seeking information. It is not a point of order at this time. Secondly, Sen. Khaniri did not raise any issue. He clarified why he is the only one who is not in the Committee. He said he has accepted the decision. Why does it pain you?

Order, hon. Senators! I, therefore, propose the question.

On a point of order, Mr. Speaker, Sir. Did you notice that while you were on your feet, Senator No. 12 on the list stood from his seat and walked majestically to his current GPRS location? That is completely against the Standing Orders. Even as he looks at me, he appears undisturbed.

Sen. Ndiema, can you confirm or deny?

Mr. Speaker, Sir, my apologies.

What are you apologizing for?

Mr. Speaker, Sir, I thought that I had already moved before you stood. I, therefore, apologize in the event that you were on your feet.

Apologies accepted, but in addition to the suggestion by Sen. Leshore, maybe, every year we should be swearing in Members again. We might need a few reminders every year on how to proceed within the House. Let us proceed with contributions to the Motion. Sen. (Prof.) Anyang-Nyong’o.

Mr. Speaker, Sir, I stand to support the Motion that has been moved very ably by my dear friend, Sen. Sang, and seconded by Sen. Khaniri, the indomitable Senator for Vihiga. First, I would like to thank the House for giving us the honour to once more serve in this very demanding Committee. I would also like to thank the Members of the Committee with whom I have served in the Committee and who bestowed the honour on me to Chair it. We have worked very well and I will find time, when we debate the Papers that I have laid on the Table today, to go deeper into that. I would not like to go ahead of that debate. But in the meantime, let me inform my dear friend, Sen. Khaniri, that he is not alone in the execution on removal. I think Sen. Kennedy Mong’are Okong’o has also left us and has been replaced by Sen. Chelule Liza, if my record is correct. 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, for giving me this opportunity to support this Motion. I had the opportunity to serve in this Committee under the Chairmanship of Sen. (Prof.) Anyang-Nyong’o and Sen. (Dr.) Khalwale. The teams which have been in this Committee have worked very hard against all odds. They started with enormous amounts of work which had to be covered within a short period. Sen. Khaniri and Sen. Mong’are who have left this Committee made a wonderful contribution during the work of the Committee. Sen. Mong’are is a lawyer and Sen. Khaniri is a longstanding legislator. He would quote various experiences and pieces of law. However, this Committee faced frustrations in discharging its duties. One of the frustrations, which has nothing to do with this House, is the Office of the Auditor- General. I do not think that the Auditor General is the person occupying the office per se. You will notice that until now we are dealing with the accounts of the first substantial year 2013/2014. The accounts of 2014/2015 came late last year and the Committee has not even tackled them. The work of this Committee is cardinal to the mandate of this House under Article 96 of the Constitution. We are now coming to the end of the fourth year, yet we have looked at the accounts of only the first year and a little bit on the second year. Kenyans will wonder what happened to the remainder of the years. Since this House is mandated to oversight the funds going to the counties, it will appear as if we are not able to do our work. At one time we were in a conference where the Auditor-General was represented by his deputy. They indicated that the budget they had asked for that year was Kshs12 billion. They were eventually given only Kshs3 billion; a quarter of what they asked for. Eventually, after a lot of negotiations through the normal process, the figure rose to Kshs5 billion. At the end of the year only Kshs4 billion was disbursed. That means that the frustration that this House is facing, through this Committee, with regard to allocation The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, this is above the Committee. Let us not discuss too much about the work of the Committee. So, make very brief interventions.

Bw. Spika, nashukuru kwa kunipa hii fursa. Nina pinga Hoja hii kwa sababu uteuzi wa wanachama wa Kamati hii ulifinywa kwa kuzingatia mrengo wa vyama viwili vikuu katika nchi hii. Sikubuliani kamwe na orodha hii ya wanachama wa Kamati hii. Kwa mfano, Sen. Khaniri ametolewa kwa sababu alikuwa anafanya kazi na Jubilee na hawajaona ya kwamba amekuwa mtu muhimu ambaye amewafanyia kazi Wakenya. Mambo yote yale tunapinga au tunafanya, hawa huenda ikawa watasaidia hao magavana wote ambao wamepora pesa ya Wakenya. Kwa hivyo, mimi nasema kama Sen. Bule ambaye pengine hatoki kwa muungano wowote wa vyama vikuu, apewe fursa ya kufanya kazi muhimu yaWakenya. Kwa hivyo, wale watu wataunga vyama vyao au watashughulikia maslahi ya vyama vyao kwasababu zaidi ya magavana ambao wamepora mali ya umma wana toka katika hivi vyama vikubwa. Mimi kama Sen. Bule napinga kabisa Kamati hii, haija fanya ukweli nasi ya sawa. Asante, Bw. Spika. 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 the Committee. I hear Sen. Bule and may not agree with him on several issues. All of us are Senators and people are nominated actually through their parties and so that is not anything new. The only point I would want to make here is that, like I have stood on the Floor of this Senate and said, in my view, this maybe the most important Committee that this House has because it is what falls squarely under Article 96 of our Constitution which is the core mandate of the Senate. I have watched the Committee work and I do appreciate a lot of time it works under very difficult circumstances and with a very difficult mandate also. Many counties have now been before the Committee. It is exactly two months to nominations and another two or four months to elections. What makes me sad is that although the Committee has worked so hard, we have not had a lot of reports tabled in this House. Today some reports were tabled by the Committee and I want to congratulate it and appreciate that. It is only that a report for Murang’a County, for which I have a lot of interest and which has been the subject of a lot of discussion in that Committee, has still not been tabled. Murang’a people are anxious because they also saw the Chairman, a man of great respect, Sen. (Prof.) Anyang’-Nyong’o, table in this House the interim report of the behaviour of the Governor of Murang’a County in front of that Committee. We do not know what has become of that specific report on the behaviour of the Governor when he was declared a hostile witness. The people in the county - I say this openly and without fear of contradiction - are still pursuing and want to know exactly what does it mean when somebody is declared a hostile witness. Further, when the report is made to the Senate, what is expected of that and maybe the Chairman of that Committee would like to elucidate and let the public of this Kenya know exactly what that means and what is to be expected. Mr. Speaker, Sir, for myself, I would say that devolution is, in my view, the most important thing that has happened in this country. This Committee is doing a lot of work to make devolution work and to give the people of Kenya hope. When devolution does not seem to work, the indictment should not be on devolution but on the institutions that were entrusted with devolution. Those mainly are ourselves and the County Assemblies and the Governors. The Senate has continuously done its best. The question is, “What is going to happen to the reports that we have tabled, noting that even when this Committee makes reports to the Senate, we still do not have in the law, for instance, a lifestyle audit against governors who embezzle public funds, a traceability system where assets that have been founded on corrupt practices can be traced and the wealth returned to the people. These are issues maybe that this Committee should explore to see how best it can deal with them. It cannot be just a function of making certain findings and then the people have hope that there would be restitution because this money belongs to the people. At the end of the day, it appears that nothing happened about it. So, I will challenge the Committee, even as I appreciate the very good work it is doing, to broaden its net so that certain recommendations have to do with restitution so that what the public has lost can be restituted to them because we cannot just be voting monies to the counties. We are going to deal with the Division of Revenue Bill very shortly and then the County Allocation of Revenue Bill and a lot of money will be going The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, thank you for the opportunity. I support the nomination of these Senators to this Committee which is of much relevance to devolution. It is important to realize that most of the issues tackled by this Committee are more or less of “prosecutionable” nature. It is a pity that they just go down the drain as a report to the House because the relevant Government departments never implement them. Instead they tend to duplicate by starting other long tedious winding ways of trying to confirm issues that Parliament has already confirmed. I beseech them to be a straightforward Committee that will not be seen to witch- hunt. It should be a Committee whose report will be respected by all Kenyans. It is true that some names of Members that we thought were very active and knowledgeable have been dropped. It is important to change membership of a Committee so that the whole House has an opportunity to participate and serve in this pivotal Committee of this House. It is nothing peculiar to find that one Member has been dropped and replaced. It is okay so long as that replacement knows that it is a challenge that the predecessor had in that Committee. I support.

Thank you, Mr. Speaker, Sir, for this chance. Because of my previous life in this Committee, allow me to acknowledge two people. First, I want to acknowledge you, partly because of the good work that you did in this Committee. You recommended me for State commendation. I want to thank the President for giving me that commendation albeit in absentia. Allow me to also acknowledge the Deputy Speaker who is also the Senator for Murang’a County. If you listen to him addressing matters of devolution, you wonder how such a great mind ended up being in the Jubilee Government. He is supposed to be in the Opposition for us to protect public funds that keep on being misappropriated by the Jubilee Government. Anyway, that is an irony in the history of this Senate. I, therefore, want to confirm that I am strongly opposing this Motion---

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

What is it, Sen. Sang?

Mr. Speaker, Sir, looking at the Motion on the Floor, the Committee that we are seeking to establish is a Committee that deals with issues of misuse of resources in our counties. That includes Sen. (Dr.) Khalwale’s County, where it is in public domain that there is wanton destruction and misuse of public resources. Is he in order yet we know that his county is a---

Order! What is your point of order?

Mr. Speaker, Sir, is he in order to attribute corruption to Jubilee only when we know that some of the CORD governors are corrupt, including his own Governor? 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, is Sen. (Dr.) Khalwale in order to say that I should be in Opposition just because I talk against corruption? Is he in order to suggest that corruption is a function of any side of this House when our duty as a Senate is to fight corruption and fairness as best as we can in the protection of devolution? Is he in order when all of us are here to support our counties under Article 96 and to fight corruption and misuse of public funds? He should withdraw and apologise to me.

Mr. Speaker, Sir, allow me in both points of order to withdraw my comments and apologise although the country has heard. This is not a laughing matter. I, therefore, rise to oppose---

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

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

Mr. Speaker, Sir, you have heard Sen. (Dr.) Khalwale take this House for a ride. He has apologized and withdrawn, but says the country has heard. Would I be in order to rule that information that he has so pronounced to the country be expunged from the records of this House?

Order, Members! What is the issue, Sen. (Dr.) Machage? The two Members asked Sen. (Dr.) Khalwale to withdraw and apologise, which he did. The only thing that Sen. (Dr.) Khalwale added was that the country has heard and we had all heard. He just made an observation. Sen. Sang and Sen. Kembi- Gitura heard him and that is why they challenged him. Proceed, Sen. (Dr.) Khalwale.

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

What is wrong today?

What is it, Sen. Kembi-Gitura?

Mr. Speaker, Sir, in the days we used to practice law in courts and we said something for the gallery and the public to hear. But when we withdrew it, it was expunged from the record so that it could not form part of the record in the future. To me, that apology is not sufficient because he went ahead to say the country has heard what he said. What did the country hear? That he should be on your side because he fights corruption? With a lot of respect, I think Sen. (Dr.) Machage has a valid point; that some things should be expunged from the record because we are a House of record. After all, I hear that being said here every day.

Order, Members! I am absolutely clear on this one. Let me make it clear again. Two points of order were for Sen. (Dr.) Khalwale to withdraw and apologise, which he did. It has nothing to do with expunging and there is nothing to expunge. Sen. (Dr.) Khalwale gave an opinion; that he is wondering, why a good man like the Deputy Speaker is in the Jubilee side. It was his preference and his wish that you be in Opposition side. You clarified that even in Jubilee there are still good men who fight corruption. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Speaker, Sir. May you be Mr. Speaker forever. I, therefore, want to confirm that on a very serious note, I am standing to oppose this Motion. I beg this House that when we vote, we should defeat this Motion so that we send back the leadership of the House and reconstitute this Committee afresh. With less than four months to 16th June, 2017, when we will be adjourning S ine Die, basically what we are doing as a Committee is that we are writing reports. To write those reports, we rely on what Members heard, what the HANSARD recorded and the interventions of the Members. Sen. Okong’o and Sen. Khaniri are the Members of this Committee who have been consistent in attendance. We need them to be reinstituted for them to help us in write these reports. I am not saying that Sen. Chelule and, indeed, Sen. Njoroge are not up to it. They are up to it, but they do not have the memory that we have had over the last four years. If we allow this to go on, we are confirming to the leadership of this country that the bad heydays when Moi used to use the outdated principle of carrot and stick is back. That they are holding a stick on the head of Sen. Khaniri because he has been voting with the opposition consistently. They are probably holding a stick on the head of Sen. Okong’o because he has challenged President Uhuru for State House? Is that the kind of democracy we want to grow? We want President Uhuru to be tolerant to Opposition even when---

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

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

Mr. Speaker, Sir, it is very sad that in this House some Members would think themselves to be more superior than others in terms of memory and reference. Is Sen. Khalwale in order to impute improper motives on the status of memory and ability to read and make reference to all records in this House on Senator Chelule and Sen. Njoroge?

Mr. Speaker, Sir, it was Sen. (Dr.) Mukhisa Kituyi who once quipped, upon hearing a leader speak, about confirmation of his worst fears. What Sen. (Dr.) Machage has just said is confirmation of the worst fears of Kenyans that this is not a leader meant for this House. He is meant for the National Assembly where, thankfully, he is headed back to.

I want to encourage the presidential hopeful, Sen. Okong’o---

On a point of Order!

What is it Sen. Machage?

Mr. Speaker, Sir, is Sen. (Dr.) Khalwale, who, indeed, is my junior in profession and having served as my Assistant Minister, in order to make such a ridiculous allegation of my ability in this House? Kenyans have ears and they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I am very sorry; I apologize to Sen. (Dr.) Machage who is my senior.

Mr. Speaker, Sir, Is Sen. (Dr.) Khalwale in order to use a demeanor that gives a false impression that he has said something negative about Sen.(Dr.) Machage yet it was actually a compliment? Is Sen. (Dr.) Machage in order to reject a compliment when we know that in the life of the next Parliament, he will actually be where Sen. (Dr.) Khalwale mentioned?

Order! You do not challenge each and every word.

Mr. Speaker, Sir, again, I am very sorry to my senior, Sen.(Dr.) Machage). However, may I confirm to this House that, yes, indeed, I was his Assistant Minister but he is a man of many colours. He found me there as an Assistant Minister and no sooner had he reached there than after two weeks we were both sacked. This guy is a man of many colors. I want to urge my younger brother, Kennedy Mong’are; Go! Go! Go! Go ! Go! Go! Do not be intimidated by President Uhuru for the fact that you have challenged him and they are now removing you from a Committee. I would like to confirm that it looks like it is not only Sen. Mong’are---

Order Sen. (Dr.) Khalwale. Yes, we need to be factual. In fact, your opening submission to the debate was to thank some two people and one such person was president Uhuru himself for honoring you with a State commendation. I think you are even admitting that under other circumstances, maybe you should not have been awarded. Secondly, Sen. Okong’o has not passed the initial stages of his ambition. So, maybe he should be more worried about the Senate Minority Leader than President Uhuru for now.

Mr. Speaker, Sir, I am so guided. I think there are dark forces around President Uhuru. The dark forces are the reason the bad old days of “carrot and stick” are now coming back to this country. May the spirit of the Holy Ghost cleanse all those dark forces around President Uhuru because he does not want dark forces around him since he is going into early retirement on the 8th of August, 2017. He needs to live in a clean life there in Gatundu. I would like to confirm that Sen. Khaniri is now leaving the Eleventh Parliament with a scar which seems to be a scar on our community. I was the first to be thrown out of a Committee and Sen. Khaniri is now the last. I want to tell the voters of this country that leadership that is so intolerant like what we are seeing in small things like Committees, should not be voted back into State House. We need a change at the Office of the President so that we have tolerance in this country; a leadership that can support men and women who are fighting corruption. As if this is not enough, right now, the Auditor General is also being persecuted because they want to weaken the institutional memory of fighting corruption. We will fight corruption whether some people like it or not. We will catch up with Josephine Kabura, Ann Waiguru, the Personal Assistant of the Deputy President and even some hon. Members here, in the fullness of 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

Order!

Mr. Speaker, Sir, Is Sen. (Dr.) Khalwale in order to selectively give a list of scandals in this country and leave others? We know of the Tokyo scandal where in the history of this country a whole embassy disappeared. We know what happened in Mumias, the cemetery scandal and many others that are associated with Members of Sen. (Dr.) Khalwale’s political persuasion. If he wants to give a list of the scandals, give all of them irrespective of who perpetrated or allegedly did so.

Order Sen. (Dr.) Khalwale, your time is up.

On a point of order, Mr. Speaker, Sir. Is Sen. Sang in order to bring to the attention of the House issues which have been investigated, heard in court and disposed off as if they are still pending before the legal and proper institutions in this country? Is he really in order to ignore the history of this country and turn a blind eye to what has happened in court and what has happened in investigations and concluded?

Order. Sen. Sang is in order to challenge the obviously biased partisan argument by giving the other alternative. However, Sen. Sang is also wrong to challenge the partisan nature of the contribution because you contribute to these things according to where you sit. Let us proceed. What is it, Sen. Omondi?

Mr. Speaker, Sir, Is Sen. Sang in order to mislead this country when he knows very well that the Jubilee Government has failed Kenyans in dealing with corruption cases? Is he in order? Whether corruption is in the opposition or in the ruling party----

Order, Sen. Omondi. You are introducing a different argument. In fact, it is Sen. (Dr.) Khalwale who is now taking it to that level. Sen. Sang only asked why he was citing cases associated with a particular position which would reflect the parties in the House. Sen. Sang has nothing to do with the one you are bringing. Hon. Members, we need to make progress.

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

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

On a point of order, Mr. Speaker, Sir. You ruled earlier that the debate should be restricted to the Motion but Sen. (Dr.) Khalwale and others have diverted it to other issues that are totally irrelevant and against Standing Order No.109. Would I be in order to request you to look at Standing Order No.109 and rule all of them out of order?

Order, hon. Senators! Standing Order No.109 states:- “Irrelevance or repetition The Speaker or the Chairperson of Committees, after having called attention to the conduct of a Senator who persists in irrelevance or tedious repetition either of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, this is a very important Committee. I support its composition and the way it has steered the business of this House. We need to understand whether this Committee is mandated to prosecute governors who have negated its process and procedure. Many times, some governors have abused their offices and continue to do so as they wait for more money. So, we need to be told by this Committee whether the moment they present reports to this House, this is final or if we will only know about what happens in the county governments through reports. Many things happen before and even after the presentation of this report. As soon as a governor is found guilty of having misused public funds, he should be named and prohibited from doing certain other things. Another issue is that, as we continue to give money to counties, even after the Committee has discussed it, some governors do well. They should be congratulated. They should act as role models to those who are not doing well. The governors who should have been impeached by this House continue enjoying the benefits of getting money from the exchequer. They continue using it the way they want, including, hiring goons so that their seats are well protected. They continue doing so without any consideration of the role of the Senate or the Senator of that county. My worry is that much as we talk about these reports ---

What is it, Sen. Madzayo?

On a point of order, Mr. Speaker, Sir. While we were listening to the ongoing debate, there is a small Kamukunji taking place somewhere in the Senate. I do not know whether you could be in a position to stop that kind of Kamukunji. In fact, it is right in front of me. I cannot hear what my brother is contributing.

Consultations are allowed.

Order! Consultations are allowed but not to the extent of interfering with other Members’ listening capacity. So, consult in low tones and, preferably, away from that Member. Proceed, Sen. Karaba.

Mr. Speaker, Sir, thank you. At one time I had to shout so that I could be heard across the Floor. I shouted beyond my level of shouting. We continue presenting reports, noting their contents, and the Committee will continue to sit even until we come to the end of the session but how many governors will be found guilty of an offence? They are moving left and right, misusing public funds. 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. Sijeny?

On a point of order, Mr. Speaker, Sir. I have noticed that the contributions to this Motion are repetitive. Would I be in order to ask the Mover to reply?

Order, hon. Senators. I, therefore, wish to put the question that the Mover be called upon to reply.

Mr. Speaker, Sir, I beg to reply. I have noted with a lot of concern the comments and issues raised. I must admit that from the word go; I did not notice those serious changes that had taken place. However, listening to the immediate former Chairperson and the possible Chairperson of this Committee; and appreciating that some consultations have gone into this list – I have been informed of a number of other agreements and discussions that have taken place, and therefore, the concerns that were raised will be addressed. Sen. Khaniri and the presidential aspirant, Sen. Mong’are are immensely qualified people. Going by the ambitions of Sen. Mong’are you can definitely tell that maybe he had outgrown the kind of business that he was to undertake in this Committee. With regard to Sen. George Khaniri, I am sure that in the fullness of time, within this House, you will be seeing him taking up more serious responsibilities. A few of us in this House may not understand that he could have been stood down from this Committee in preparation for bigger assignments. Therefore, there were consultations to that extent. We wish this Committee well---

On a point of order, Mr. Speaker, Sir. I rise to request that the Mover substantiates his assertion that Sen. Khaniri has been stepped down because he is being prepared for a greater responsibility, so as to convince me to vote for the Motion.

Mr. Speaker, Sir, Sen. (Dr.) Khalwale is an interesting Member of this House. There was a Kamukunji that discussed a number of issues. I would want to request that he should not push me to divulge, because that would be anticipating debate. But I mean what I say. I, therefore, wish this Committee well. Once this Motion is approved, I hope that Sen. (Prof.) Anyang’-Nyong’o will take charge of the Committee and move to conclude the business that is before it. Mr. Speaker, Sir, with those remarks, I beg to reply.

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Order, Senators. Before we proceed to the next Order, I have a small Communication to make. Following the constitution of Sessional Committees; the Committee on Devolved Governments, the County Public Accounts and Investments Committee, the Committee on Implementation and the Committee on Delegated Legislation, pursuant to Standing Order No.183 on conduct of elections, this is to inform you that the Clerk of the Senate has appointed Tuesday, 28th February, 2017 as the date for the conduct of elections for all the Sessional Committees. Further information as to the venue and time shall be communicated directly to the Members of the said Committees in the usual manner. I, therefore, wish to take this opportunity to urge all hon. Senators, who are Members of the Sessional Committees, to ensure that they attend these critical meetings, so as to ensure that the Committees can commence the discharge of their responsibilities immediately. Other Committees with pending reports for approval, especially affecting petitions, which have been a great concern, are also directed to liaise with the Office of the Clerk to ensure that they also meet on the same Tuesday, probably an hour after the Sessional Committees have held their meetings. They need to meet to approve the reports that have already considered. That will enhance the amount of work before the House. I thank you. VISITING DELEGATION OF PUPILS FROM NZUUNI PRIMARY SCHOOL, MAKUENI COUNTY Hon. Senators, I have one more Communication. I would like to acknowledge the presence, in the Public Gallery, this afternoon of visiting pupils from Nzuuni Primary School, Kisau, Makueni County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate, and my own behalf, I wish them a fruitful visit. I thank you.

Next Order!

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Mr. Deputy Speaker, Sir, I take this opportunity to move the Bill. This is a very special Bill. As we know, one of the responsibilities bestowed on the Senate is to make sure that we have funds going to the counties. Mr. Deputy Speaker, Sir, under Article 218 of the Constitution, the Senate is supposed to pass the Division of Revenue Bill, so that resources are shared between the national Government and county governments. The Committee on Finance, Commerce and Budget was able to go through the Bill and we noticed that, at least, there has been growth in revenue.

Order, Sen. Mositet! You did not move the Bill. Do the correct thing.

Mr. Deputy Speaker, Sir, I beg to move:- THAT, The Division of Revenue Bill (National Assembly Bill No.2 of 2017) be now read a Second Time. As a Committee, we have gone through the Bill and noticed that the revenues have risen. The National Treasury set the equitable share to be Kshs299 billion and the National Assembly slashed the amount to Kshs291 billion. That was not good at all. We have the conditional grants, amounting to Kshs30 billion, which have been given to the counties. Before the equitable share is passed by the National Assembly or the Senate, there are institutions which make recommendations as per the Constitution. The Commission on Revenue Allocation (CRA) is supposed to make recommendations to both Houses. The CRA recommended the figure of Kshs322 billion and the National Treasury set the equitable share as Kshs299 billion. However, the National Assembly went on to slash that figure to Kshs291 billion. I can see already that, as Senators, we may not be comfortable and our counties are going to suffer if we allow the additional of about Kshs8 billion. Mr. Speaker Sir, I may also want to bring to your attention that people would be wondering why we are talking about the Division of Revenue Bill this time while we know very well that our country is preparing for the elections. We are doing this now so as to ensure the country continues with the services and not to stagnate. Therefore, briefly we have the equitable share as per this Bill as Kshs291 billion. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, I rise to support this Bill. This is a very important piece of legislation. As ably mentioned by my colleagues earlier, in support of this and many other Bills, the primary responsibility of the Senate is to look into the interests of the counties, make legislation and oversight. One such legislation that gives us the opportunity to ensure that our counties have the necessary resources is the Division of Revenue Bill. This is a Bill that seeks to divide the revenue between the two levels of Government; the national Government and the county governments. I am a proud Senator in this Senate, looking at the amount of resources that we have managed to send to the counties. That amount has increased every financial year. We started with a very small figure when we came in. I will specifically talk about Nandi County, which is my county. In the first allocation through the Division of Revenue Bill in 2013, Nandi County got a share of Kshs3.4 billion. This amount has increased through the efforts of this House. Mr. Deputy Speaker, Sir, it is important for Kenyans to know that this Senate has sacrificed a lot to ensure that we safeguard our role with regard to the passage of Division of Revenue Bill. In 2013, we had to go to court and in the second year, it cost the Senate funds for oversight when we disagreed with the Members of the National Assembly by increasing the resources going to counties. That is an ultimate price that this House has paid. We agreed to lose the Kshs1 billion; an allocation that we had negotiated 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

Thank you, Sen. Sang. Sen. (Dr.) Khalwale!

Mr. Speaker, Sir, I rise to strongly support this most important Bill and do so with a sense of nostalgia because apparently this will be the last such Bill that I will be speaking to in my political career as a legislator. I draw the attention of this House to the mischief of Government. We have been told---

Sen. (Dr.) Khalwale you said that this will be the last time you are doing what?

Mr. Speaker, Sir, this marks the last time I am speaking to this kind of Bill in my tenure as a legislator in the Republic of Kenya. This is the last Division of Revenue Bill in this Senate and because I will be gracefully exiting the Senate, I do not think I will have another opportunity because at that time I will not be a Member of the Twelfth Parliament and the Second Senate of the Republic of Kenya.

That is the part I did not know and I it is what I wanted to get.

Mr. Speaker, Sir, I will be running for the governor of Kakamega County. I would like to draw attention with the usual spirit of bipartisanship that has been championed by many among others, specifically the Deputy Speaker, Sen. Kembi-Gitura. Look at this mischief. There is a public relations office (PR) on the Schedule where the Government is telling us that they are rolling out 34.6 per cent of the Ksh.2.6 trillion budget for devolution. That is true. However, practically, what is on paper is that in this Financial Year, the Budget of the Government is Ksh.2.6 trillion. If you take the Kshs323 billion that is meant for devolution, it represents a mere 12.4 per cent. The Government should stop playing PR and accept that devolution is not a priority to it. Secondly, under this Bill, the Government thankfully wants to maintain the spirit of conditional grants to make specific functions run smoothly. Under this, the government has set aside Kshs 4.5 billion to go towards servicing of the specialized medical equipment that was purchased for the 47 times two hospitals in this country. This is how corruption is perpetuated because when the Government was spending Kshs 38 billion to buy those specialized equipment for our hospitals, the governors were not there. Here you are, after making procurement opaque, you now want to involve governors in paying for that debt so that when we go for the procurement officer, the Accounting Officer who is responsible for the procurement of Kshs38 billion worth of medical equipment, the whole wave of confusion will start because the payment is being done by a third party. I want to put the second Senate on notice that this matter of medical equipment must be pursued to its logical conclusion by this House together with the National Assembly. Thirdly, on conditional grants, the Government has thankfully set aside Kshs 4.5 billion for the Level Five hospitals in this country. We cannot just sit and watch. Today is 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.) Khalwale we have a HANSARD. Words must be mentioned in such a way that they can be recorded.

That is a village polytechnic in Shinyalu Constituency. It is called Shilolavakhali Polytechnic

Mr. Speaker, Sir protect me from that laughter.

On a point of order,Mr. Deputy Speaker, Sir. You have just heard the distinguished Senator for Kakamega County making a very profound contribution. 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.) Khalwale, you realise I am not the only one who has a problem with your fast speaking.

Thank you, Mr. Speaker, Sir. I will slow down.

I stopped you because I think what you are saying is very important and I do not want it to be by passed and left out of the HANSARD. Always do a correction of the HANSARD draft when you get a copy.

Mr. Deputy Speaker, Sir, let me give the spelling of Shilolavakhali Village Polytechnic.

The governor has refused to equip the village polytechnic which I painstakingly built in Idakho South. He has refused to equip other Village Polytechnic which I built painstakingly using the Constituency Development Fund (CDF) in Idakho East. I want to sound it to the Governor of Kakamega County that it is wrong for him to target my clan in Shinyalu, Ikolomani and Lurambi simply because he feels that, he takes affirmative action---I do not know what he is looking for. I expected that he would give them more money so as to woo them away from me to him. Mr. Deputy Speaker, Sir, I insist that all village polytechnics including the ones that were built by Hon.(Dr.) Enoch Kibunguchy in Likuyani, Hon. Cyrus Jirongo in Lugari, Hon. Soita Shitanda in Malaba, Dr. Newton Kulundu in Navakholo, Hon. Lyula Khamasi in Shilalu, Hon. Manyala Keya in Kakamega Township and by myself in Ikolomani be equipped by the billions. Looking at the Auditor-General’s report, the billions are only going to Butere. It cannot be right. If God granted me an opportunity to serve the people of Kakamega County as their Governor, I would serve all the 12 sub- counties. There is a conditional grant that I want to request the National Assembly to consider in the next budget because it is now too late. We need to create a conditional grant for agriculture in the following counties; Bungoma, Kakamega, Busia, Kisumu and Homa Bay. This is because the national Government has decided that they are going to offload the sugar companies that have been difficult to privatize to county governments. I urge that this money be given to Kakamega County so that it can take over Mumias Sugar Company, Bungoma County can take over Nzoia Sugar Company, Busia County can take over Busia Sugar Company, Kisumu County can take over Miwani and Muhoroni Sugar companies, and Homa Bay County can take over South Nyanza (SONY) Sugar Company. Mr. Deputy Speaker, Sir, I urge the Members of this House to support---

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. (Dr.) Khalwale in order to make a proposition that the sugar factories be taken up by those counties when he is well aware that there is a privatization Bill in this House that seeks to take care of sugar farmers even in a place like Chemelil and Miwani? Whereas the factories are found The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, I could not agree more with the Senator for Nandi County. In a case like Chemelil Sugar Company, when the conditional grant will be released, then the shareholding of Chemelil Company should be domiciled between the two county governments of Kisumu and Nandi unless Nandi County would wish to put up its own factory. I urge the Members of this House to support this just in the same spirit we supported a few counties to be given money for the construction of county headquarters. Speaking to the issue of abuse of funds, I assure governors that we will continue to pursue them. The sad case of Bukhungu Stadium in Kakamega compares and contrasts with what obtains in Meru and Bomet counties. Gov. Isaac Rutto and Gov. Peter Munya have successfully spent Kshs350million and Kshs330million to renovate their stadiums and the stadia are in use. However, in Kakamega County, the guy is putting up a stadium for Kshs1.2billion and before the work is done halfway, the stadium has collapsed. We are in problems in Kakamega County. Mr. Deputy Speaker, Sir, allow me to speak to the global allocations. We, the Members of the Senate, are being shortchanged by the National Assembly. How I wish the Constitution had been structured so that the Senate has a role in actually interrogating the entire budget as presented by the National Treasury. If you look at Table No.1, you will find that the National Government wants to set aside Kshs79,685,000,000 for national interest(security). If some of us were to interrogate the budget, we would refuse that this money should go elsewhere because inside this budget, there is a hidden whooping Kshs43 billion where the National Government wants to pay all the three communication companies of North Carolina in the United States of America (USA) for the purchase of armored aircrafts. The actual cost of that particular contract is only Kshs23 billion. The other Kshs20 billion is in doubt---

Order, Sen. (Dr.) Khalwale!

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for Sen. (Dr.) Khalwale to mislead Kenyans that a budget can be hidden? Can there be a hidden expenditure in a budget when all the expenditures are itemized? Secondly, is the Senator in order to discuss documents that he has not submitted to substantiate in this House?

Mr. Deputy Speaker, Sir, I stand guided. That will be for another day. However, I have made my point. There is an allocation of Kshs8.7 billion in this budget that is meant for irrigation (Galana Kulalu). When we took Kshs15 billion in Galana Kulalu, the Jubillee Government did not tell Kenyans how many bags of maize were harvested. This is robbery. If they had harvested any maize, Turkanas in Turkana, Pokots and Tugens in Baringo and Pokots in West Pokot would not be dying because of hunger. We must put the Government to account to ensure that not a single Kenyan dies because of lack of water and food when, in fact, in the Contingency Fund; they have got Kshs7.2 billion and Kshs2.2 billion in Strategic Grain Reserve. Why would Kenyans still be dying? Let us fight for the poor. Who is eating this money? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, I thank you for giving me the opportunity to speak to this very important subject. From the onset, I support. I am aware that tomorrow, Senators are supposed to retreat to Naivasha to discuss this subject. As they debate it, it is very important for the Senators to be informed of the issues that have arisen from it, particularly the hidden issues as Sen. (Dr.) Khalwale would call them. First is the growth expected or as proposed in the budget. The National Assembly has proposed some Kshs291 billion or thereabout which, if you compare to last year’s allocation, it is a growth of about 3.2 per cent. Between the 2014/2015 and 2015/2016 financial years, the growth of revenue allocated to the counties was 7.9 per cent. This year, it is 3.2 per cent. This tells you that we have not even managed to cover for inflation. Estimating inflation between 3 and 5 per cent, if we allocate money to the tune of 3.2 per cent with a growth of 3.2 per cent effectively, we are allocating less money this year than we did last year. This is so because an allocation that does not cover for inflation is essentially diluted. That is the first thing to note. Another aspect of it is that in the schedule that is proposed in the Bill, there is item No.4 called conditional allocations, loans and grants of about Kshs12 billion. That has been used to arrive at the Kshs323,757,000,000 which then grows the allocation to 34.6 per cent. Mr. Speaker, Sir, it is important for us to appreciate that the Kshs12.5 billion is not money that is going to the counties at all as has been explained by the note here. It is money that is neither going to the counties nor even going to be managed by the counties. This is money purely managed by the national governments that deal with international commitments, loans and grants from foreign governments and institutions. There is no logical reason why that figure of Kshs12.5 billion should be anywhere in this table. On the contrary, it should have been allocated in item (b) which is national governments funding. I would like to commend the Commission of Revenue Allocation (CRA). This year round they really thought about the recommendations. It appears to me that what we or the National Assembly should have done is simply accept the figure as presented by the CRA. Their arguments are so solid. The argument presented for the reduction of their amounts does not make sense. So, the amounts proposed by the CRA; given the growth aspect in the country in terms of Government growth in revenue, expected inflation, allocation of responsibilities to the county governments, was something to the tune of Kshs331 billion as opposed to the Kshs291 billion. That amount would cater for, (a) inflation and (b) some real growth. If you look at the areas that the CRA had proposed, for instance, they had proposed a 25 per cent portion from the roads maintenance levy fund to be given to the counties. The Division of Revenue Bill as it stands today proposes 15 per cent allocation yet we are talking about a recorded 32,000 kilometres of roads transferred from the national to the county governments. Therefore, there is very logical reason why the 25 per cent, equivalent to Kshs13.3 billion should be allocated to the county governments. It is very clear. It makes sense. What does not make sense is the logic behind the reduction from the 25 per cent. This is money that is coming directly from a levy that is paid for by county drivers. Therefore, it is not an amount that we can say, strictly speaking, coming from the national The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Sen. Kagwe. Sen. Elachi.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support the Bill. This will be my last Bill to talk about in the Senate. When I go to the National Assembly, I will look at it better. This Bill is about a budget that will take us to the end of our term. As we head towards campaigns we need to ask ourselves whether the Senate has performed its responsibility to guide and protect the counties. Mr. Deputy Speaker, Sir, I want to thank the National Treasury for allocating the monies that we had requested for the four headquarters. Sen. (Eng.) Muriuki will appreciate that there is an allocation that will go towards building their headquarters. Having said that, I wish to note that this money is coming late. I hope that the governor who is now campaigning will wait for the next governor to start the project. 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

Bw. Spika wa Muda, asante kwa kunipa nafasi hii. Hiki ni kipindi muhimu sana cha kuzungumuzia maswala ya pesa za umma. Kama Sen. Elachi ambaye ninamjua kwa siku nyingi, ninaunga mkono Hoja hii. Kama kaunti zetu zingekuwa zinafanya kazi ningeishtumu Serikali Kuu sana. Lakini Serikali hii ina bahati kwa sababu katika kaunti nyingi swala la ufisadi ni kawaida. Magavana wengi wanaendeleza ufisadi na uporaji wa mali ya umma. Kiwango hiki cha pesa za kaunti zetu ni cha chini sana. Ikiwa kaunti zingelikuwa zikitumia pesa vizuri tungependekeza kiwango hiki kiongezwe. Hata kama tungetaka waongezewe kwa kiasi cha Kshs1 millioni au Kshs1 billioni, swali muhimu hapa ni hili: Je, wananchi wetu wamepata huduma ambayo ililingana na pesa tulizowapa magavana? La. Hakuna chochote kilichofanyika mashinani. Hakuna hata alama moja ya kuonyesha ya kwamba pesa tulizopitisha hapa zilifanyia wananchi kazi. Serikali ya Jubilee haifuatili kwa makini na kuona kwamba wanaofuja pesa za umma wanachukuliwa hatua. Inawezakanaje kuwa gavana ambaye akichaguliwa alikuwa na gari moja na sasa na magari mengi? Boma yake ilikuwa na nyumba moja na sasa ana nyumba za kifahari nyingi zenye vyumba vingi. Mambo haya yote yamefanyika kwa muda wa miaka miwili. Isitoshe, anaweka ua ya stima, anaanza kujenga majengo ya biashara na kadhalika. Hata hivyo, Serikali ya Jubilee inakodolea mambo yote haya macho bila kuchukua hatuayoyote. Ni kama kuna mahali pesa zinachimbwa na kutumiwa ovyoovyo. Mtu akishapewa nafasi ya utumishi wa umma, anajitajirisha mwenyewe. Hili hutendeka hasa mtu anapokuwa msimamizi wa fedha za umma. Huwa anajifanya ni kama amepata mgodi wa kuchimba pesa na kuzitumia kama anavyotaka. Hii si tabia za magavana peke yao. Tunaona hiyo tabia hata kwa viongozi wa juu katika Serikali ya Jubilee. Kwa mfano, haya yanafanyika na Naibu wa Rais na wengine. Majengo yameanza kujengwa katika kila pembe za nchi hii. Fedha za umma zikiwa zinatumika lakini hakuna mtu anauliza jinsi mtu ambaye mshahara wake ni Kshs100,000 anaweze kujenga nyumba za gorofa ishirini na zaidi. Haya mambo Sen. Muthama, Sen. (Prof.) Kindiki na wengine hatuwezi kufanya hivo. Wengine walikuwa hawana hata ofisi ya kibinafsi kabla ya kuchaguliwa lakini sasa wanaanza kufanya mambo ya kiufalme bila aibu. Serikali ya Jubilee bali na kuwa na vitengo vya kuchunguza na kuangalia ni nani anahujumu uchumi wa nchi kwa kuharibu mali ya umma, inakaa tu ni kama hakuna chochote kinatokea. Nchi ya Kenya inaweza kuongozwa na mtu yeyote. Inaweza kuongozwa na karani, watu wanaofanya kazi ya kufagia barabarani ama wahudumu wa hospitali. Kama kuna watu ambao ni watiifu na wanaweza kuvumilia shida, ni Wakenya. Ikiwa mtu anachaguliwa kuwa Katibu Mkuu wa Wizara na baada ya miaka miwili au mitatu anakuwa tajiri kuliko watu wa kaunti yote waliompa kura, basi hii ni nchi ya kiajabu. Mimi ninaiombea hii nchi na kuwaombea Wakenya. Naomba mwenyezi Mungu aitazame Kenya kwa sababu wanawe wanateswa sana. 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 add you one minute.

Bw. Spika wa Muda, natoa mwito kwa Serikali iangalie mambo hayo na ichunge pesa za umma ziache kuibiwa. Washukiwa wanafaaa kufungwa. Mwisho, naunga kwa masikitiko makubwa sana moyo wangu ukiwa mzito---

Mr. Temporary Speaker, Sir, I thank you for giving me a chance to give my contribution. From the onset, I declare that I support this Bill. It is very important to this Senate and the work that we do as Senators who are elected to protect and promote the interests of counties here in the capital. I have had an opportunity to read through the proposals. Yesterday, as a Member of the Committee on Finance, Commerce and Budget, I had a chance to listen to the Cabinet Secretary for the National Treasury as he made this presentation to us at the Committee level. We also had a chance to listen to the County Assemblies Forum (CAF) as well as the Council of Governors (CoG) where they agreed and disagreed with the Cabinet Secretary to certain extents. As a legislator, somebody charged to promote the interest of the county that I represent, the beautiful County of Kericho, I support this Bill in its entirety. It is a well thought out policy document that will guide us as we head into this 2017/2018 Financial Year. 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 have one minute.

A good reading of the PFM Act confirms to us that before a procuring entity or officer makes a purchase, it must be for a budgeted item. You wonder where delays in payment come up from. Mr. Temporary Speaker, Sir, with those many remarks, I beg to support.

Sen. Cheruiyot, did you say brief or many remarks?

What did you hear, Mr. Temporary Speaker, Sir?

You are completely out of order! Very well, whatever it is that you said. There being no other interest to contribute to this Motion, I ask the Senate Majority Leader to reply, now that the Mover of the Motion was moving on your behalf.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I thank my colleagues who have contributed to this very important Motion. I also thank my colleague who moved this Motion on by behalf. This Bill is very important. It will help us get monies allocated to our counties. This being the final year for this cycle of elections, we hope that this money will be used well. Of course, our hopes have been dashed for the last four years. We are only hoping against hope that this time round, our county governments will see it fit to use the monies they receive to help the people of Kenya who work so hard and pay taxes but they are getting very little in return. Secondly, I fully associate with some of the remarks that have been made by my colleagues who have contributed to this Bill except one comment. I have followed the contributions earlier today by Sen. (Dr.) Khalwale and Sen. Cheruiyot. They are full of praises for counties which have used technology to collect more revenue. While that is an important and useful thing which should be applauded, my view is that beyond enhanced collection, we would want to see more efficient and prudent use of that revenue. You can collect revenue and steal it or use it for purposes which were not intended. I do not want to speak more to it. The earlier we dispose of this Bill, the better. I hope our Committee will do a good job in interacting with the stakeholders during public participation. The governors have been arguing about the amounts. I hope through our Committee we will get some consensus around this matter so that we can move to the County Allocation of Revenue Bill in the shortest time possible. Mr. Temporary Speaker, Sir, with those few remarks, I beg to reply. On a point of order, with your permission, I request that you defer the putting of the question on this Bill to another date.

Very well. The request is so granted.

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

Next order. Order Nos. 17, 18 and 19 are also deferred.

(Sen. (Prof.) Kindiki): Mr. Temporary Speaker, Sir, I rise to give the statement on the business of the Senate for the week commencing Tuesday, 28th February, 2017, pursuant to Standing Order No.45. Hon. Senators, we are running against time to complete the pending businesses. Therefore, for next week, we have a number of legislation and Motions that we need to dispense with. Mr. Temporary Speaker, Sir, on Tuesday, the Senate Business Committee (SBC) will meet at 12.30p.m. That is the meeting that will schedule the business for next week which will include all the items in today’s Order Paper that have not been exhausted. The same will apply on Wednesday 1st March, 2017 and Thursday, 2nd March, 2017. Mr. Temporary Speaker, Sir, allow me to highlight some of the Bills that are expected to feature in next week’s sittings. The first one is the Division of Revenue Bill (National Assembly No.2 of 2017) which debate on Second Reading has just been concluded. We hope we will do Division on the Division of Revenue Bill (National Assembly Bill No.2 of 2017). That is important. I hope we can also do Committee of the Whole for that Bill next week so that we get into the next important Bill which is the County Allocation of Revenue Bill. We also have the Intergovernmental Relations (Amendment) Bill (Senate Bill No.36 of 2014) which has been before us for a while. It will be scheduled for Second Reading. The other Bills, all of which are in the Committee of the Whole Stage include the Physical Planning Bill (National Assembly Bill No.46 of 2015) which is one of the Bills that was supposed to be passed by 27th August, 2016 in accordance with the Constitution but has not been passed to date. We shall also debate and vote at the Committee Stage on the Impeachment Procedure Bill (Senate Bill No.8 of 2016), the Assumption of Office of the Governor Bill (Senate Bill No.10 of 2016), the Parliamentary Powers and Privileges Bill (National Assembly Bill No.35 of 2014) and the County Governments (Amendment) (No.2) Bill (Senate Bill No.7 of 2016).Of course, any other business that will be scheduled by the SBC will also appear on the Order Paper. Mr. Temporary Speaker, Sir, finally, this House yesterday passed the Calendar for this term. It relates to this Session running from 14th February, 2017 to 17th June, 2017. However, a close scrutiny of the Calendar that was passed by the House yesterday will reveal that we have very few sitting days. We are actually talking about ten or so days left to conclude our Sitting, because of recesses. For example, that Calendar as approved yesterday, proposes a three weeks recess from next Thursday. That means that we have three sitting days next week. After the three weeks recess we will come back for another two weeks and proceed on another long recess of about seven weeks. Partly, the House in its wisdom saw that, that the period around April and May will be interfered with because of party primaries, nominations and all things that the Independent Electoral and Boundaries Commission (IEBC) has put under the law on all people aspiring to vie in the August General Elections. After that break, we will come back for about one week in June. If you count, essentially it is like a maximum of three weeks of actual sitting. I am bringing this out just to remind my colleagues that we have very little time to do a lot of pending and important business. I hope that we will find time to multitask between our responsibilities 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, Senate Majority Leader. Hon. Senators, there being no other business on the Order Paper, the Senate stands adjourned until Tuesday 28th February, 2017, at 2.30 p.m. The Senate rose at 6.13 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