Mr. Temporary Speaker, Sir, pursuant to the provisions of Standing Order No.45, I wish to present the Senate Business for the coming week, On Tuesday, 28th March, there shall be a Rules and Business Committee (RBC) meeting---

On a point of order, Mr. Temporary Speaker, Sir. I thought that we are on Order No.5; Papers. What the Senator is doing is to give a Statement which should come under Order No.7.

Sen. Khaniri is right. What Sen. Wangari attempted to do is supposed to be under Statements and not Papers. Sen. Wangari, you will do the necessary at the right time.

Mr. Temporary Speaker, Sir, I would like to give notice of the following Motion:- THAT- ACKNOWLEDGING that the East African Legislative Assembly (EALA) is established under Article 9 of the Treaty for the Establishment of the East African Community as one of the key organs and institutions of the Community responsible for the Community’s legislative matters; RECOGNIZING that Article 50 of the Treaty provides for the election of Members of EALA by respective Partner States’ Legislatures in accordance with their parliamentary procedures for a term of five years; AWARE that the five-year term of the current third East African Legislative Assembly is due to expire on June 04, 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

Hon Senators, we shall start with the Statements being sought. Please proceed Sen. (Prof.) Lonyangapuo. 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 pursuant to Standing Order No. 45(2) (b) to seek a Statement from the Chairperson of the Standing Committee on Labour and Social Welfare regarding the plight of supermarket workers in Kenya. In the Statement, the Chairperson should:- 1) Clarify whether Supermarket workers are allowed to enter or form trade unions; 2) explain why the workers are not allowed to enter into the supermarkets with their mobile phones; 3) explain why irrespective of the government guidelines on the minimum wages, the workers are still paid low salaries; and 4) state the measures that the Government will take to remedy this situation.

Mr. Temporary Speaker, Sir, due to the gravity of the question and the fact that it covers the whole country with regard to supermarkets, I humbly request that you grant me about three weeks to come back with a substantive answer to the question.

Mr. Temporary Speaker, Sir, I do not have a problem with that but I do not know whether the three weeks will start after the recess or starting now.

Sen. (Prof.) Lonyangapuo, you know the rules of this House. You cannot anticipate debate. When the Chairperson requests for three weeks, it means three weeks from now, all factors considered.

Mr. Temporary Speaker, Sir, three weeks is fine.

Let us move to the Statements to be issued. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 28TH MARCH, 2017

Mr. Temporary Speaker, Sir, this is a Statement as given by the Senate Majority Leader on the Business of the Senate for the week commencing 7th March, 2017. Pursuant to Standing Order No.45 I wish to present the Business of the Senate for week starting Tuesday 28th March, 2017. On Tuesday, 28thMarch, 2017, the Senate and Business Committee (SBC) will meet at 12.30 p.m. to schedule the business of the House for the week. Subject to further direction by the Senate Business Committee (SBC), the Senate will continue with the business that will not have been concluded in today’s Order Paper, focusing on the debate on Bills at the Second Reading and Committee of the Whole stages. On Wednesday, 29th March, 2017, the Senate will continue with the business not concluded during Tuesday sitting and further consider any other business scheduled by the SBC. On Thursday 30th March, 2017; the Senate will consider Bills at the Second Reading, deliberate on Motions and any other business scheduled by the SBC. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is your point of order, Sen.Wako?

Mr. Temporary Speaker, Sir, I thank Sen. (Prof.) Lonyagapuo for having read on behalf of the Senate Majority Leader the business for the week commencing 28th but I would also want to convey to the Senate Majority Leader that we are going into recess at a time when there are so many Divisions still to be done on Bills at the Committee Stage. In fact, there are five Divisions still to be done and each has been on the Order Paper for the last three weeks. So, I hope that during the recess and in the course of the various important meetings that we are going to have, the issue of how to deal with these immediately we come back will be useful. Mr. Temporary Speaker, Sir, it is important that we deal with that because there are again seven matters pending before the Committee apart from the Division. There are also very important Bills and I plead with the SBC that when they meet on 28th of March they give special consideration to the important Bills. I know there is the County Allocation of Revenue Bill but I am particular on the matter that touches on my Committee. One of them is the Public Participation Bill that has been pending for quite a long time and I would like it to be finalized before we adjourn S ine Die .

I am sure Sen. (Prof.) Lonyagapuo has heard your sentiments. Order No.8 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 move this very important Motion, as we all know the role that EALA plays in terms of legislative matters between the East African countries----

Order! You need to move the Motion as you have moved several others in this House before.

Mr. Temporary Speaker, Sir, I apologize for that---

Rest assured that is still the way to move motions in the National Assembly.

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT – ACKNOWLEDGING that the East African Legislative Assembly (EALA) is established under Article 9 of the Treaty for the Establishment of the East African Community as one of the key organs and institutions of the Community responsible for the Community’s legislative matters; RECOGNIZING that Article 50 of the Treaty provides for the election of Members of EALA by respective Partner States’ Legislatures in accordance with their Parliamentary procedures for a term of five years; AWAREthat the five-year term of the current third East African Legislative Assembly is due to expire on June 04, 2017; FURTHER AWARE that the East African Legislative Assembly Elections Act, 2011 contemplates conclusion of the election of Members of a new Assembly to be within ninety (90) days before the expiry of the term of the subsisting Assembly; NOTING that the current Election Rules were adopted by the National Assembly in April, 2012 and therefore do not take cognizance of the bicameral nature of the Kenyan Parliament; COGNIZANT of the need to urgently conclude the election process within the statutory timelines; NOW THEREFORE, in accordance with the provisions of Rule 9 of the Houses of Parliament (Joint Sittings) Rules, the House Resolves to establish a Joint Select Committee consisting of seven (7) Members from each House of Parliament and that- (1) The mandate of the said Joint committee shall be to: (a) Review the procedure and rules for election of Members of EALA contained in the Treaty for the Establishment of the East African Community (Election of Members of the Assembly) Rules, 2012 in light of Kenya’s bicameral nature; (b) On the basis of the review in (a) above, propose appropriate procedures and rules for election of persons to represent the Republic of Kenya at EALA; (c) Within fourteen (14) days, submit a report to the Houses of Parliament containing the revised rules of procedure; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Before he does so, I have a communication to make. Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visitors from the Norwegian Council for Children and Youth Organizations. They are:-- (1) Ms. Embla Mathisen; and (2) Ms. Solveig – Marie Haland In our usual tradition of receiving and welcoming visitors to Parliament, I wish to extend a warm welcome to them. On behalf of the Senate, and on my own behalf, I wish them a fruitful visit. I thank you.

Mr. Temporary Speaker, Sir, on a point of order. As I join you to welcome the delegation from the Norwegian Council, I would want to note, maybe, that you would have advised them to stand and bow to the Speaker. They looked a bit shocked. I can tell you they have been smiling at me up there because they are seeing there is a lot of involvement and participation of women and youth. As a young woman, I welcome them. I hope that they will learn the best practices from us. I request that they stand up so that we acknowledge them in our usual tradition manner.

As requested by Sen. Wangari and as it is our tradition, I wish once more to acknowledge visitors from the Norwegian Council for Children and Youth Organizations. They are:- (1) Ms. Embla Mathisen; and (2) Ms. Solveig – Marie Haland

Mr. Temporary Speaker, Sir, on a point of order. My concerns have been properly addressed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, I also wish to join you in welcoming our guests. I hope they will have a fruitful visit and enjoy the warm hospitality of Kenyans, particularly at the Senate. I hope they learn the best practices from us and we hope to visit them soon.

Sen. Wako, proceed to second the Motion.

Thank you, Mr. Temporary Speaker, Sir, for giving me the chance to second this Motion. It is a Motion to which I have a lot of attachment to if, I may say so, because my own father in 1961 became the first Clerk of the then East African Legislature. That was before Independence. Since that time I have heard a very great passion in matters relating to the East African integration. If you may recall, the former President, Hon. Mwai Kibaki appointed me to chair a meeting on how the federation must be fast -tracked. In that regard, I learnt more about the various structures of the East African community. No doubt, the East African Legislative Assembly has the potential to be a major player in moving Each Africa forward, in being the voice of the people of East Africa in matters relating to greater political, economic and social integration. Election of Members to the legislature has been marred in some controversy. If you may recall, the current Members whose term is coming to expire were the second lot to be voted for. The National Assembly had voted for the Members and that was challenged; that the method they used was contrary to the provisions of the East African Community Treaty. The challenge was successful. In fact, it was the first case that was being heard by the East African Court of Justice. Arising out of that, I, as the then Attorney General, was asked by the three Heads of State to make some amendments to the treaty which were duly made and approved by all the three countries. However, it meant that the National Assembly had to draft rules which are consistent, not only with the treaty and establishment for East African Community, but also consistent with our Constitution as it was at that time. As the Mover said, we have a new Constitution. Therefore, we need rules which are consistent with it. I have had occasion to write to the Speaker – and I hope this can be taken up in the next Parliament – that it is a high time the Senate had also a committee which deals with the East African Community affairs in the same way as the National Assembly has. A number of Bills have been passed by the EALA which affect the entire East Africa. However, when they come for approval in Kenya they are only approved at the level of the National Assembly which, to me, contradicts the current constitution. We, as the Senate, dealing with matters which touch on counties, we must also have that opportunity to interrogate the Bills that are passed by the EALA. That has not happened. I have addressed my concerns to the Speaker and I am quite sure he is looking at it. The word “Parliament” under our old Constitution meant only National Assembly. However, under the current Constitution, it is now the National Assembly and the Senate. Therefore, it is good that this matter has come to the House, so that the Senate is involved in promulgating regulations under this Act. 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, I have a communication to make on the Special Sitting of Parliament for the State of the Nation Address by His Excellency the President. 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 support the Motion. I participated in the research and litigation of the first nominees. At that time, Sen. Wako was the Attorney General. He appointed two senior counsels to defend the Government. He lost and ended up paying legal fees for it. Therefore, this could not have been more appropriate. My name appears here. The research and the rulings that were delivered by the court would be very useful in some of the things we will do. I promise that we will deliver within the timelines specified. However, as we do so, I am not extremely elated about this. Assuming that this Committee recommends that there should be an amendment to the treaty, I am sad to report that this Senate would not pass or do anything about that proposal. I say so because 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

Madam Temporary Speaker, I also support this Motion. It is quite timely. I am very happy to see that Kenya is taking the initiative to do things properly. I also benefited in trying to challenge – it was not something to be proud of but I was one 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 wish to support this Motion. Previously, the Electoral College of the EALA Members of Parliament was the National Assembly. This was before we became a Bicameral Parliament. Madam Temporary Speaker, in Burundi and Rwanda, where they have bicameral parliaments the Electoral College is vested in both Houses. Here, we are also trying to move in tandem with our partners in East Africa, so that we can have both Houses participate in the nominations and elections of Members of EALA. As the East African Community (EAC) comes of age, I think we need to start shifting gear. The EAC is a very old organization. Having been a very vibrant organization in the 1960s, I remember people from this country who used to work in Tanzania. The managing director of harbours at that time was a certain Mr. Halwenge, who was in charge in Dar es Salaam. We had people working in the aviation industry in Soroti. Some people used to work in the then East African Postal Corporation. You could get a transfer from Nanyuki in Kenya to Mbeya in Tanzania and move with your family to go and live there. You could get Kenyans in Uganda and Ugandans in Kenya. It built a very formidable East African nation. Courtesy of my friend, Charles Njonjo, who is on record as having toasted champagne when the EAC collapsed in 1977 the dream of East Africa came to an abrupt end. Everybody knows that the Kenyan regime then, and the greed of the leaders of the day, heavily contributed to the collapse of the EAC. Probably by now, East Africa would be a federation and we would be enjoying the economics of scale in the region. 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, Madam Temporary Speaker. This is a House of record. We actually pass laws through a systematic way, through a vote, which we did. Is the Senate Minority Leader in order to actually say that a law was fraudulently passed in this House, when he was there when the vote was put and they did not garner the required numbers?

Madam Temporary Speaker, I do not want to engage in unhelpful arguments on matters that are so clear. We were in this House, and the Speaker sitting where you are sitting, allowed unauthorized persons to vote in this House. If I were Sen. Wangari, I would concentrate on struggling to become the Member of Parliament for Gilgil---

Order! Senate Minority Leader, you have to stick to addressing the issue raised by Sen. Wangari. Stick to that and do not digress.

Madam Temporary Speaker, when we passed the Bill that entrenched electoral fraud in this country, two Senators voted without authority and I have got documentary evidence. I have talked to it and nobody has challenged me. I even went to the public media and said that the Speaker presided over a fraudulent process and he has not challenged me. I spoke on the Floor here and they were in a great hurry to disappear from the Chamber after the fraud. This is a point that we cannot run away from.

On a point of order, Madam Temporary Speaker.

Let me finish, Madam Temporary Speaker. Sen. Onchwang’i was not authorized to vote, but he voted. Sen. Lesuuda was also not authorized to vote, but she voted. I have got documentary evidence- --

Order, Senator! I have granted another intervention to Sen. Wangari, since you are responding to her.

On a point of order, Madam Temporary Speaker. The Senate Minority Leader is actually making this worse. Just because he said it in some funeral the following weekend does not make it right. I was in this House until midnight and in fact, not even ten Senators from the minority side were present by the time we were finishing. Is he in order to mislead the country? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Which delegation are you talking about?

How can the participants in fraud complain? It defeats logic.

On a point of order, Madam Temporary Speaker. Is it in order for the Senate Minority Leader to continue discussing the conduct of any Senator in this House and casting aspersions – calling them participants in fraud – without a substantive Motion, as per the Standing Orders? I would have been concerned if it was just another Senator speaking, but for a man who wants to be the President of the Republic of Kenya to call part of the population of this country a fraud, hoping that he can surmount --- I think he needs to be ‘ naswad.’

Let me grant another intervention and then you will respond to all of them. Sen. Sang.

On a point of order, Madam Temporary Speaker. More particularly, you would remember that when that issue was contested by the same Senator, the Speaker made a ruling. It is unfortunate for the Senator to continue to perpetuate the same position. He raised the matter and it was confirmed that the said two Senators had the authority to vote. Is he, therefore, in order to raise the same issue that was settled by the Speaker, which amounts to actually attempting to counter the position given by the Speaker?

Senate Minority Leader, can you respond before I give my response?

Madam Temporary Speaker, I wish they could let me go on and let the chips lie where they fall.

You have to respond.

Madam Temporary Speaker, I know that I raised this matter on the Floor and the Speaker did not rule; he just brushed it off and ignored us. You were part of this House and saw it. You know that very well. I have documentary evidence that I can bring to this House tomorrow or any other day, to show that the two Senators cast votes that were invalid. The Bill was carried by a majority of one vote. I have no regrets or apologies about what I am saying, but allow me to proceed on the East African Legislative Assembly (EALA) debate.

Take your seat. I have to make a statement on this. Hon. Senators, as it has been said, this is a House of records. I do not want to draw your attention to any other document apart from the Standing Orders. I want to draw your attention to Standing Order No. 90(1). For any avoidance of doubt, it states:- “Neither the personal conduct of the President, nor the conduct of the Speaker or of any judge, nor the judicial conduct of any other person performing judicial functions, nor any conduct of the Head of State or Government or the representative in Kenya of any friendly 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 stand advised. I hereby instruct Sen. Mutula Kilonzo Jnr. to draft a Motion and start processing it. I want to go to the substantive issue of EALA.

On a point of order, Madam Temporary Speaker.

What is out of order, Sen. Murkomen?

Madam Temporary Speaker, you have made a very serious ruling which is right in law and in the procedures of this House. What is remaining is for the Senate Minority Leader to withdraw and apologise to the Speaker before he proceeds. This is to make sure that his words are no longer part of the record of the Senate.

Sen. Murkomen, Sen. Wangari who raised the first point of order did not demand for an apology or withdrawal. I want to bring this to a conclusion. I have already given my ruling on that. I do not want us to proceed in the manner of mentioning the Speaker of the Senate adversely. That matter rests as I directed.

Could you conclude your contribution?

Madam Temporary Speaker, I never called the Speaker a fraud. I said the vote was a fraud, not the Speaker. I want to urge East Africa to move to the level of the European Union (EU). If we want EALA as a Parliament to be effective and representative, it is my humble view that, in future, we should not have National Parliaments as the Electoral College. We should have members of EALA being elected by the people of East Africa in special constituencies. If you go to Europe, the members of the European Parliament are elected by universal suffrage. Constituencies are defined. For example, here in Kenya, we are entitled to nine members. If we take into account the population, we can zone counties from 47 to nine electoral areas. We allow those people who want to be elected to campaign in those special areas. In the EU, they have zoned themselves that way. They allow parties to present candidates. That is why you sometimes find the EU Parliament being led by left-wingers or the ultra-conservatives. Of late, there is a mix of a few neo-Nazis and hardnosed 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 Minority Leader. Sen. Okong’o.

Madam Temporary Speaker, I support this Motion though with a heavy heart. After 53 years of independence, this country does not have a foreign policy. It is tragic that Members who served in those dockets are in this House. The Jubilee Regime has failed to move further to domesticate the Bills which give life to the East Africa Legislative Assembly (EALA). 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

Madam Temporary Speaker, thank you for this very important opportunity to speak to this Motion. One of the very important entities that Kenya is part of in international law is the EALA which is part and parcel of the East African community (EAC). The EAC is an entity anchored in international law and particularly the law of the World Trade Organization (WTO). The General Agreement on Tariffs and Trade (GATT) in Article 24 provides for the possibility of having a regional integration as an exception to the Most Favoured Nation (MFN) Principle in GATT. It says that Members who are trading as part and parcel of the WTO can sometimes discriminate against the other members if they are part and parcel or give favoured treatment to a few countries that are part of regional integration. First and foremost, the EAC is about trade. Trade is important for this country and region. We have great opportunity to expand our trading relations with Tanzania and Uganda. Uganda is one of our biggest export destinations after the United States of America (USA) and Europe. It is important for us as a country to have a lot of attention on the EAC. Last December I had an opportunity to drive into Tanzania. There are still a lot of things that Tanzania still needs that I thought were so obvious in Kenya. A simple facility as using a credit card is not an easy thing there. You think that you would walk to a petrol station, fuel and use a credit card. To a greater extent our neighbours are still working on financial systems and many other things. Madam Temporary Speaker, what makes me sad is the stories we hear. I have no evidence per se but the stories we hear from traders and business men is that there is too much protectionism that is still going on within our neighbours, particularly Tanzania. That would have been ironed out if we had a very strong EALA that has a wider mandate to look at all the treaties. 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 am sorry for coming late to this House, it is never in my habit but I have a greater national responsibility. I sit on the National Coordination Committee of the National Supper Alliance (NASA) that intends to decide whether it will be Baba, Stevo, Weta or “ MM” to be the President of the Republic of Kenya. I believe you have forgiven me.

Proceed.

I rise to strongly support to this Motion. Very quickly, it is my pleasure that making the list is Sen. Kimani Wamatangi. Having served in Arusha for many years, I know that there is serious business being done by Kenyans in Arusha, Dar- es-salaam, Kampala and Juba. Sen. Wamatangi is a renowned businessman and therefore he will add value by that particular fact. I see Sen. Mositet has made it to the list. How timely. He comes from the unique community that is the face of Kenyan culture – the Maasai who stride across the boundary and are found equally in Tanzania as they are in Kenya. It is my pleasure to see Sen. Kipchuma Murkomen make it to the list. Until he started undergoing political metamorphosis he had very serious credentials at the international level. Sometimes when I see him I wonder what happened.

On a point of order, Madam Temporary Speaker. Very few of my constituents believe that Sen. (Dr.) Khalwale is a qualified medical doctor who can carry out a surgery on anybody. With the image of politics, people think you leave your papers there.

What is not in order?

Is Sen. (Dr.) Khalwale in order to doubt my credentials and to actually cast aspersions on the institution of the Senate that it snatches credentials from anybody?

Madam Temporary Speaker, with a light touch, I was just dealing my speech to actually appreciate the suitability of Sen. Murkomen who will deliver. I remember he was my Co-chair in the Committee amending the Constitution of Kenya. He demonstrated that he is up to it. I will not be surprised if he becomes the Co- chair with the distinguished and respected Senator from Makueni County, Sen. Mutula Kilonzo Jnr. Making the list is Sen. Mshenga Kisasa. Sen. Kisasa is a wife of the Miji Kenda, having been born, of course, in the plains of Busia County in Luhya land. She was a matron in my hospital. I know she is very capable. Matters of health are very critical in East Africa and she will add a lot of value as she debates on how best we can identify and attract people from the medical fraternity in making it to the EALA. 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 will not.

I know you cannot. I see the distinguished Senator from Nairobi, Sen. Ongoro. I had no doubt that you would be part of the team because Nairobi is the face of East Africa. Madam Temporary Speaker, knowing how you have Nairobi at your fingertips and how you turn it the way you turn your left hand back and forth, I know you will make a lot of impact. In fact, I am strongly fighting for nomination rules in the National Super Alliance (NASA) so that they are skewed in such a manner that you are shooed into becoming the elected Senator for Nairobi in August, 2017.

Order, Senator for Kakamega! I have the capacity to be elected and I do not intent to have anybody bend any rules to allow me to be “shooed” or whatever you mean into election. Can you correct that?

Madam Temporary Speaker, I stand corrected the way you have guided me. However, allow me to issue a veiled threat. Please do not underrate the powers of my persuasion to a certain voting bloc in Nairobi because it can certainly become injurious to you.

Order Senator! You are now completely digressing from the matter on the Floor of the Senate and you are almost attempting to threaten my politics in Nairobi. Can you stick to what we are debating and do not draw the Speakers anger and wrath towards your comments.

Madam Temporary Speaker, I beg you to spare me. From now henceforth, I will stay on the thin and straight line. Madam Temporary Speaker, I acknowledge you and Sen. Ndiema who is a long- serving administrator in this country. Therefore, he will be invaluable. Secondly, I would like to remind again this group that we do not want to see the shame of the Ninth Parliament when we were nominating Members to the EALA. We would like them to wake up to the political realities in the country at the moment. Today, we have the NASA and Jubilee. It is quite obvious that because we are walking into the future, the NASA has the majority while Jubilee has the minority of the country. Therefore, on the rule of four against five, I hope that this Committee will craft a law to ensure that the parties within the NASA will have five slots, Jubilee being one monolith 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, Madam Temporary Speaker. According to the Standing Orders on relevance, is the Senator for Kakamega in order to dwell on the Terms of Reference (ToRs) of the Committee that we have formed today? The Motion is very clear and it is on the formation of a Joint Committee. Is he in order to speak to ToRs and pre-empt what they are supposed to do?

Senator, try and stick to the Motion.

Madam Temporary Speaker, sometimes when I am faced with a House as constituted this afternoon--- I can see Martha Wangari, Joy, Ken, Mutula Kilonzo Jnr. and Prof. Anyang'-Nyong'o who is having a closed eye reflection.

Order Senator! You will have to address the hon. Senators appropriately. We have Sen. Gwendo, Sen. Wangari and the rest.

Madam Temporary Speaker, I can see Sen. Wangari, Sen. Gwendo, Sen. Mutula Kilonzo Jnr. and Sen. Okong’o. Because Sen. (Prof.) Anyang'- Nyong'o was having a closed eye reflection, I will not involve him in this particular statement. I am therefore tempted to speak just a little bit on the ToRs without pushing my luck because it leaves you and I the likely resource people who can draw on institutional memory so that we enrich these young newcomers in the Senate.

Point of order!

What is it Sen. Okong’o? Please stick to what is out of order.

Madam Temporary Speaker, is Sen. (Dr.) Khalwale in order to mislead the nation and the House that he has the preserve of knowledge of this institution by virtue of having served in Parliament for two or three terms? Is he in order to mislead the House that some of us who have been here for four years do not have capacity to look at the past and current happenings in Parliament?

On a point of order, Madam Temporary Speaker. It is always entertaining to sit here and listen to Sen. (Dr.) Khalwale. However, you must stop him because he is anticipating debate. He has gone into how many things we have not done and many other things. You must stop him from doing so. Otherwise, we will have no work to do when we finally sit as a Committee.

Senator, you are completely out of order because you are proceeding to debate the ToRs of the Committee. Please stick to the matter at hand and conclude. You have three minutes.

Madam Temporary Speaker, I thank you for the guidance and colleagues for the points of order. There is what we call in my culture the hunting tactics of a cat. A cat is extremely fast but when it finally realises that the prey has no way of escaping, it starts tapping the prey.

Senator, what is your point? Who is the prey and who is the cat in your analogy? 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

The prey is Jubilee. Now that now we have gotten the Jubilee, therefore, the cat, which is the NASA, is playing with the Jubilee. The game is over and that is why we are even boasting that we shall get more slots than them. I support.

Madam Temporary Speaker, I will be very brief. First, I would like to congratulate the Mover of the Motion and the Joint Committee that has been put together comprising Members of the Senate and the National Assembly to look at the election of Members to serve in the EALA. Madam Temporary Speaker, I remember I was once involved in 2008/2009 in a controversy of election of Members to the EALA and the fact that we as the ODM did not feel that those elections had been carried out properly. I think Sen. Mutula Kilonzo Jnr. will remember very well that his late father was leading the legal team in Arusha. It was a learning curve of the importance of clear rules of the game for electing Members to the Assembly in terms of representation of parties equitably, recognition of the need for what I may call gender parity in representation to the Assembly and finally to take to the Assembly men and women who are competent to debate issues in the Assembly with regard to la raison d'être of that Assembly. Madam Temporary Speaker, the EAC has a long history. if I remember well, it started as the East Africa Common Services Organisation (EACSO) during colonial times. With Independence, it became a community. The idea was eventually to have one East Africa. I remember that the late Mwalimu Julius Nyerere declined to be the Head of State of Tanzania for a whole year. He gave that responsibility to the late Rashidi Kawawa as the Prime Minister while he was organizing the Tanzanians politically and waiting for the rest of the East African countries to become independent so that we could have a political federation. I am quite sure that all of you in this House were too young to remember that. It is important to note that at that point in time, the nationalists were committed to one East Africa. Unfortunately, our country stands accused of having been reluctant to push for the political federation at the political level, given the ideology and commitment of the leadership then. This is one of the reasons why two factions emerged in KANU. One was Pan Africanist, further to the left and socialist, while the other one was very inward looking, conservative and ready to pander to western interest; but that is water under the bridge. Eventually, in the 1970s as you may remember, with the coup in Uganda, it became very difficult to maintain the EAC as one because the late Mwalimu Julius Nyerere completely disapproved of the manner in which the late Idi Amin was conducting his affairs in Uganda and East Africa as a whole. Madam Temporary Speaker, time has come for us to rejuvenate the idea of East “African-ness”. The treaty as it exists looks forward to fast-track economic integration and also to have an ambition for a political federation, but I am afraid that those who go to the assembly do not seem to champion this political aspect of the Community as hard as they could. In the early part of this century, 2003/2004, a professor from Uganda led a team of people to go around East Africa to find out what our ideas about that future of East Africa are. He is a scholar of EAC and federation. The report they gave pointed out 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

Hon. Senator, you have three minutes to conclude.

They should make their mark by what they do, rather than continuing to exist in formality. I hope that as this Committee will settle down to work; as we choose new members to go to the EALA, we should start a new dawn for the work of this assembly; to make a difference in East Africa and not just to be a formal body existing as such because the Treaty says so, and we are obligated every now and then to send members there. Madam Temporary Speaker, with those few remarks, I beg to support the Motion.

Thank you, Sen. (Prof. Anyang’- Nyong’o. Sen. Omar Hassan.

Madam Temporary Speaker, I rise to support this Motion, but also continue to express my utmost reservations to the East African Community (EAC) in terms of its pace of integration and what informs it. You will recall that Kenya hosted the last edition of East African Legislative games in Mombasa. It was a grand meeting of legislators and secretariats of the various parliaments, where we competed in football, netball and various other disciplines. Madam Temporary Speaker, first and foremost, it is extremely difficult to locate the impact of the work of the EALA. I know our members from the Coalition for Reforms and Democracy (CORD) more with respect with what they are doing to their parties than what they are doing in that assembly. Whenever they meet here, the President would come or delegate the Speaker of the Senate to open their sittings. Their normal sittings are held in Arusha. I hear that they are proposing an anti-corruption legislation, but how binding is it to us? I know hon. Judith Pareno more as the chairperson of the National Elections Board of the Orange Democratic Movement (ODM) than her work as a legislator. I know hon. Mathuki from the Wiper Party, but have no idea what they can quantify in terms of their impact. If I will be party to appointment of these individuals, they must report to us. If I am appointing you, then you need to account to me. I am here validating seven Senators to sit in a Joint Select Committee to appoint nine Members of the EALA who will earn as 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, Madam Temporary Speaker. It is not in doubt that Sen. Hassan is a distinguished legal mind in this country. However, is he confirming that he has not read the Treaty establishing the East African Community, which has got clear protocols, including the establishment of the EALA, East African Court of Justice and a Summit comprising Heads of State of the five member states? If this Senate recalls that, that Treaty was domesticated by the Parliament of Kenya, I request that the Chair requests Sen. Hassan to be short on that criticism, unless it is a critique.

Could you clarify that, Sen. Hassan?

Madam Temporary Speaker, mine is a critique. I am fully aware of the East African Court of Justice, which is totally impotent. It cannot deliver on anything. I took a matter there before and they were so happy to throw it out. They throw out matters for want of time; a technicality to defeat the cause of justice. Can the EALA tell me one thing that we are doing in this Republic because of a binding nature of a legislation passed by it? I am asking about the impact. I do not mind that we need---

On a point of order, Madam Temporary Speaker. I apologize for interrupting my friend, but is he in order to critique the East Africa Court of Appeal and say that it is impotent because it does not make any decisions on cases? I took a case there and it was ruled in our favour and we were very happy. It is only that the lawyers cheated me on the proceeds of that case, but that is another issue.

What is your response, Sen. Hassan?

Madam Temporary Speaker, that is specific to a technical matter, which is very easy; how to appoint members. We took a matter of violation of human rights. There were substantive matters that could have informed the jurisprudence. If you go to the European Court of Justice or the European Human Rights Court, their proclamations are binding to all of Europe and its membership. When they proclaim, the jurisdictions of respective counties must abide; that is what I mean. Madam Temporary Speaker, let me talk generally about the EAC. We have five countries which have questionable democratic credentials. Some of them have dictators; 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. There being no further request, I call upon the Mover, Sen. Wangari, to reply.

Thank you, Madam Temporary Speaker. I have listened carefully to each contribution to this Motion. I am happy that it is widely supported across the Floor. The Most critical thing that has been raised is the Terms of Reference (TORs) of what is expected of this Committee, the role of the Senate in treaty ratification and the role of bicameral Parliament. The reporting to the appointing authority has also been ably raised by Sen. Hassan, though he has his own reservations on so many issues. I also want to note the contribution of Sen. Wetangula, despite him saying that I should focus on my struggle to be the Member of Parliament of Gilgil. I wish he was in the House. I would remind him that nobody has the monopoly of winning or losing. At least, mine has a chance. His desire for the presidency has been documented; that he will not become one. More importantly, allow me to---

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. (Dr.) Khalwale? 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

Madam Temporary Speaker, the young distinguished nominated Senator from Nakuru County knows how much I like and respect her. Is it necessary for her to impute improper motive on the Ford-Kenya party leader? If she thinks that it serves her well, she can go ahead. However, if it does not, I will request that she withdraw and apologise.

On a point of order, Madam Temporary Speaker.

Yes, Sen. Hassan?

Madam Temporary Speaker, the distinguished Senator from Nakuru, who I wish well in her bid, also said that it has been documented that Sen. Wetangula will not be president. Where has that been documented?

Sen. Wangari, it is improper that you mentioned a Senator so adversely in his absence. In respect to documentation whose details you are not tabling in the House, I demand that you withdraw that statement and proceed.

Madam Temporary Speaker, you were in that Chair when Sen. Wetangula made that attack on me. I respect him as someone who was first nominated then elected. I hope that I will also follow that road. I will, therefore, withdraw because I respect him. However, I wish that the condescending attitude is minimized regardless of where one sits. Allow me to thank every other Senator who has contributed to this Motion. The work for this Committee is cut-out. Their role is clear. There is the issue of inter-border relationship that has been pointed out so well by Sen. Mutula Kilonzo Jnr. and the free trade pointed out by Sen. (Prof.) Anyang’-Nyong’o. The plate of this Committee is full. This comes in an election year. It is a time when the temperatures are very high. I hope that we will draw proper guidelines, laws, nomination rules so that we can get the best representation to this very critical body that unites the East Africa member states. I beg to move.

Thank you, Sen. Wangari. I will now put the Question.

Let us move on to the next Order. According to the records here, Sen. (Prof.) Anyang’-Nyong’o still has 30 minutes to move his Motion. Please, proceed.

Thank you, Madam Temporary Speaker. I do not think I will use all the 30 minutes because I had substantially covered the presentation of the report. When we adjourned last time, I was summarizing our recommendations of the report of these first ten counties that the County Public Accounts and Investment Committee (CPAIC) has done. I reminded the House and the nation that these are just ten county executives and promised to table the report of other counties before this House adjourns S ine Die. One of the three final recommendations that we made is that the Office of the Auditor-General should take special audits on selected counties from time to time in order to promote the principles of public finance enshrined in the Constitution. One of the reasons we made that recommendation is because during the first year of devolution, counties had a lot of problems with managing public finance. Quite often, in both the counties and the assemblies, there was very poor understanding of the major laws that govern management of public finance. There was a very poor understating of the Public Finance Management (PFM) Act and the Public Audit Act. There was also very little appreciation of the fact the even the County Governments Act expects counties to be accountable to the people and the county assemblies to keep county governments accountable through similar committees that we have in this House. Madam Temporary Speaker, this learning curve of being respectful and filial to the laws of funds with regards to management of public finance is extremely important. Because of this laxity, we would like the Auditor-General to, from time to time, pick up a few counties and do special audits. This is because special audits allow the Auditor- General to go into deeper details about the management of a county. Governors being the Chief Executive Officers (CEOs) of the counties, must at all times ensure that all offices and institutions under them exercise prudent financial management and controls in compliance with the tenets of the Constitution and relevant laws and regulations. Failure to do so, they shall be held liable. Madam Temporary Speaker, this is in line with the Constitution as well as in line with the PFM Act and the Public Audit Act. In the final analysis, when you are a CEO at whatever level of Government, you should make sure that under your tutelage, officers obey the law. Quite often, this responsibility does not mean that you are the one who bears the punishment when officers disobey the law. However, you must at least make them know and present them to the relevant authorities when procedures are abrogated or regulations ignored. We recently saw a case in Nyeri County where officers were penalized for not following procurement procedures. It is the person who is responsible for doing that, that bears responsibility. However, in the final analysis, the CEO must ensure that 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

Sen. (Dr.) Khalwale, before you second the Motion, I have a communication to make.

Thank you, Madam Temporary Speaker. I rise to second this very important report that comprises a number of counties in respect of their performance in the utilization of the public funds at their disposal for the Financial 2013/2014. It is with a heavy heart that I note that findings we have made in these particular counties appear to cut across quite a number of counties. In spite of this, the resource person, the Auditor-General, we find that he is not adequately funded. That is why some of the reports have come to these House six months after the Constitutional deadline that expects that the Auditor-General should have tabled these reports here. Madam Temporary Speaker, we also regret that the public will be thinking that our Committee is not up to the task because we are still talking about 2013/2014 financial year at the tail end of the term of the fifth year. We would like Members of the public to know that governors successfully injuncted the Committee for a period of 10 months and we were unable to do anything and this is why there is this delay. Thirdly, the governors of Kakamega and Embu counties failed to appear before our Committee. As far as this Senate is concerned, there is no governor in Embu County. The one of Kakamega continues to engage in legal somersaults in court in an attempt to avoid accountability. Well, it is up to him either to come before this Senate so that it gives him an opportunity to clear himself or run the risk, as he has done, of having all the audit queries confirmed and being subjected to investigations by the investigatory accounting institutions of this country, including the Ethics and Anti-Corruption Commission (EACC) and the Directorate of Criminal Investigations (DCI). Furthermore, 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, Madam Temporary Speaker. Did you hear Sen. (Dr.) Khalwale talk of “something called Kanu?” What did he mean by that? He needs to elaborate further what he meant by “something called Kanu.”

Did he say “something called Kanu?”

He should confirm.

Was he referring to KANU the political party? Maybe it is just the variation of tone. Sen. (Dr.) Khalwale, were you referring to KANU?

Madam Temporary Speaker, allow me to define to him what I meant. I meant that party whose symbol is a cockerel and its real owner shocks us. He is an old man of around 99 years and he has a son whose name I will not say. That son has never left the nest. He keeps going back to a 99 year old man to consult on how to work with a son of another 80 year old so that they come and lord it over Kenyans.

Order Senator! Get back to the issue on the Floor of the Senate.

On a point of order, Madam Temporary Speaker. Is it in order for the Senator who is my good friend to come and start mentioning names of personalities who cannot even come and defend themselves here in this Senate?

Indeed, Senator, you are completely out of order. The insinuations could be referring to former heads of state which is absolutely unacceptable for you to mention them adversely in the Senate without substantiation or tabling of documents or giving them the benefit to defend themselves. You need to withdraw.

Madam Temporary Speaker, I have run away from it. I withdraw with immediate effect. Madam Temporary Speaker, in the County Government of Nyandarua, we found that a whopping Kshs62 million intended for construction of county headquarters had been misused. We have recommended that the County Government has not accounted for the money advanced to it in that financial year. For that reason, it should be recovered from the governor and whoever else that might have partaken of those public funds. The stories do not end there. They are many but let me end by just mentioning something because my time is up.

Hon. Senator, I will use my discretion to allow you more time. What you are tabling is critical to the Senate. So, we will not limit you. You will continue until you exhaust that presentation.

Thank you. What would I do without you, Madam Temporary Speaker?

Proceed, Senator.

Madam Temporary Speaker, protect me from the laughter of Sen. (Eng.) Muriuki. He is laughing in a funny manner. The Governor for Migori lied to me when I was the Chairman of Public Accounts Committee (PAC). When we were fighting corruption in the sugar industry, the current 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

Madam Temporary Speaker, I stand to strongly support the Motion for the adoption of this Report. The County Public Accounts and Investments Committee (CPAIC) has done a lot of work. However, this work is not generally visible to the people of Kenya because the action is coming very late. There have been quite a number of frustrations that the committee has gone through; perhaps that is an agenda for another day. As we go on, the Senate should facilitate this Committee, so that it can do its work in time. Perhaps, we need twice the number of secretariat personnel that other Committees have, so that they can ably handle all the 47 counties. Devolution was adopted by Kenyans in 2010 and it was God-sent in principle. It was envisaged that it would enable people in every county to mind their own affairs. They would be duly facilitated to do them, so that they can set their own destiny. However, not only did we devolve corruption, but we seem to have graduated it to embezzlement of funds. What the counties have achieved is far from what those who crafted the Constitution had in mind. When we look at the public accounts of various counties, there are a number of common issues arising across the board. Prominent among them is the procurement process of the various contracts for construction works, provision of services, et cetera . Whenever the Governors are put to task, they say that they are in a new government. However, Kenyans must know that to qualify to be a governor one has to have a university degree. More importantly, each governor is allowed a set of ten experts from wherever they can get them around the country. Therefore, if you are not a financial expert, you will get one. If you are not an expert in procurement, you will get one. If you are not an expert in health services, you will get one. There should be no excuse. Sen. (Dr.) Khalwale has walked out and I would have wanted him to hear this, because occasionally, we do discuss the merits and the demerits of Constituency Development Fund (CDF). I always tell him that when devolution came, I hoped that in due course, there will be no need for CDF. If the governors did what we were supposed to do with the CDF, in a few years - may be in one or two rounds of elections – the CDF would come to an end, because we will have all the secondary schools, primary schools and health centres that we want. However, those expectations have not been met. Madam Temporary Speaker, I can go and on talking about the various counties, but perhaps, it would be good to mention about my county, which is Nyandarua County. We have serious issues of funds spent. We were told at one time that there is a road project. It is very ambitious but when you look at it, in the first year, we do not know what happened to more than Kshs410 million. The roads that were earmarked have not been built. When we ask about it, the governor gives all sorts of excuses. Latrines which are supposed to cost less than Kshs1 million are being constructed at over Kshs5 million. We were also told, at one time, that there was a study for a great master plan for the Nyandarua County. A company from Israel was procured without following the procurement procedures and paid a total of Kshs55 million for the study. The Committee asked why the proper procurement procedures were not followed. At least they should have tabled a report on the same. There is no report and yet, money has been paid to a foreign company. The best that the governor could do was to say sorry; he did not know about what they were supposed to do. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. (Prof.) Lonyangapuo!

Madam Temporary Speaker, I beg to move that the debate on this Motion be now adjourned pursuant to Standing Order No. 99 (1). I request Sen. Kagwe to second.

You have not given any reasons for making that request. 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

Madam Temporary Speaker, I am moving that we adjourn debate because of the Motion under Order No. 24 on Order Paper, which is the Motion on Adjournment of the Senate until Tuesday, 28th March, 2017.

Order, Senator! Do not proceed to debate; you have moved. Who is seconding your request?

Sen. Kagwe is seconding.

seconded.

Your request is in accordance with Standing No.99 and that is in order.

Hon. Senators, that request having been granted, we will defer everything on the Order Paper, from Order No.9, which we will resume when we next meet, to Order No.23 because we need to have time to debate Order No.24 before passing it.

The Senate Majority Leader is not here, but Sen. (Prof.) Lonyangapuo has been mandated to move the Motion.

Madam Temporary Speaker, I wish to bring to the attention of the Senators that the Senate Business Committee (SBC), where I am a Member, came up with the Calendar of the Senate business for this Session.

Just a point of correction, Senator. You did not take the opportunity to first of all move the Motion, before proceeding to debate.

Madam Temporary Speaker, I beg to move the following Motion:- THAT, pursuant to Standing Order 28 (3) the Senate do adjourn until Tuesday, 28th March, 2017. Madam Temporary Speaker, I sit in the SBC which prepares the Calendar for Senate business for every session. It was agreed that the Senate adjourns today and resumes on 28th March, 2017. However, it was noted that there are many Bills, Motions and Statements still outstanding. Since a lot of work is also ongoing in the counties, we agreed to give Members time to go and look at their work. This is also an election year and a number of parties are doing nominations this week and the coming weeks before we resume. There are also conferences taking place. The annual conference on devolution, which is organized by counties, will be held in Naivasha next week. Another conference has been organized by the Senate and the county assemblies and will take place in Mombasa. Therefore, there is a heavy programme which requires our attention. We are in this House courtesy of elections and political parties. Therefore, we need to comply with the timelines given by the Independent Electoral and Boundaries Commission (IEBC). For those reasons, this Motion for adjournment comes at the right time. However, from 28th March onwards, the SBC has scheduled many Bills and Motions that we have to transact and finish. Some of us come from areas which are facing challenges of drought. We trust that we will visit those areas and work with both the national Government and county governments, with a view to attending to our citizens. We also have areas which are affected by insecurity. It also requires us, as elected leaders, to attend to the matter. Coincidentally, our colleague, Sen. Kagwe, lost their governor. We stand with the people of Nyeri and understand the challenge they have gone through. We will continue to pray with them as they mourn their departed leader. This Motion is not peculiar. It is as a result of the usual calendar. I beg to move and request Sen. Kagwe to second.

Madam Temporary Speaker, I rise to second this Motion. In doing so, I wish to raise a number of issues regarding matters that will affect us while we will be on recess. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of information, Madam Temporary Speaker.

I do not want to be informed, Madam Temporary Speaker.

I grant the point of order. Proceed.

Madam Temporary Speaker, is Sen. Kagwe in order to mislead this House by saying that the Constitution talks about 15 per cent. It actually talks about a minimum of 15 per cent.

Clarify that,Sen. Kagwe.

Madam Temporary Speaker, I am aware that the constitutional stipulation is a minimum of 15 per cent. That means that without this House, the amount of money that would go to the counties would be that minimum, the 15 per cent. This is the House that makes sure that we do not take back15 per cent to the counties. Instead, we take back the 33 per cent that we did last time and the 37 per cent that we have proposed this time. That is why this House exists. 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, Madam Temporary Speaker. I respect the Senator for Nyeri County especially during this difficult time of mourning but, is he in order to mislead this House and the country? He has said that the money would still go to the counties even if the Senate was not there. He knows very well that before any money goes to the counties, we have to pass the County Allocation of Revenue Bill. How would you decide how much goes to Kakamega County or Nyeri County? Could he clarify the point so that people in Nyeri do not think that he has no work?

Madam Temporary Speaker, you will agree with me that as a matter of fact, what Sen. (Dr.) Khalwale is asking me to clarify is exactly what I have said. I said that if you go to the villages, they will ask what you do in this House. Part of the failure of the current Senate is that we have not spent sufficient resources in civic education to make our people aware of what this House does particularly on matters of resource allocation. I blame the Ministry of Devolution and Planning. For the benefit of my colleague as I clarify, if you remember, I said that if he goes to Kakamega County, an MCA will be talking about the money that they have given to construct a road. The governor will have put up notices saying how he has done “x”, “y” and “z”, while as a matter of fact, the resources to do all those things, whether by the MCA or the governor, were allocated by the Senate and specifically fought for by the Senator of that county. That is precisely what I was talking about. One of the other failures that we have experienced as a House is when we were denied sufficient funding to create effective over sighting. One of the accusations Senators get in the counties is that we are not doing enough oversight as far as the expenditures are concerned. We have just been debating the audit report and we can see that we cannot even exhaust the issues that have arisen as a result of corruption in various counties. In order for us to be effective in over sighting, we must have the resources allocated to the Senate offices. Part of the reason there are issues of oversight in the counties is because many counties continue to use analogue-based systems. There is no better equalizer and no better fighter against corruption than technology. We have seen it in Nyeri County where collection of funds through a mobile based system produced three times more money than what they were collecting before. This has been across the board. The minute you have direct engagements, people become corrupt and they start printing their own receipts. This is different when you tell people that we do not wish direct contact of an individual making a payment to the county government. The money can be taken directly to the bank, paid by Mpesa or through some technological manner and not direct engagements. As we go for recess, part of what we should do is to talk to our people and the county governments to infuse technology in all systems. In Nyeri County, there was a system where people would pay rates to officers sitting in offices. When that was done, the computer would be made to say that the money has already been paid. However, there was a serious gap between the amounts that were supposedly paid to the county government and the money that was in the bank. Somewhere along the line, the money paid was very high but the money in the bank was very low. It does not take Albert Einstein or any smart mathematician to realize where this money was going 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

Hon. Senators, before we move on to the next speaker, by leave of the House, I propose that we reduce the debating time to five minutes to allow all the Senators to speak. If there is no objection to that, I give the Floor to Sen. Njoroge.

Madam Temporary Speaker, I beg to support this Motion to adjourn sittings of the Senate to 28th March 2017. That is a good step that has been taken by this House purely because this is a season of campaign and elections. This House has a good number of Senators who want to prepare themselves for the elections. I will be contesting for the gubernatorial seat of Nakuru County. This county has 11 constituencies. I need to marshal my muscle and make sure that I get the majority of the votes in Nakuru County on a KANU ticket. It would be a step forward noting that since I left Jubilee Party I have to do a massive recruitment so that the electorate in this county can join KANU as they are proposing to. I know this is the only time we will sell our manifesto noting that KANU has partnered with our sitting President, Uhuru Muigai Kenyatta. For that matter, I will be going that route of selling our manifesto and campaign for the sitting President to be re- elected in the August elections. I, therefore, fully support this Motion, not forgetting that we still have other business since we have quite a number of conferences. We have one in Naivasha which is my home sub-county, whereby I welcome all the Senators. Madam Speaker, I personally also invite you to join me in Naivasha so that you can feel that fresh air. It is one of the few places where we have a fresh lake. I Support.

Madam Speaker, I rise to support this Motion to adjourn the House until the dates that have been set on the Senate Calendar. I also acknowledge that it is important that we put it on record that there is a lot of pending business in this House which must be transacted. We have to not only expedite the pending business, but remember that most of it is one that will define the role that this House has played in its life. As we adjourn, we have two conferences to attend: First, will be the devolution conference in Naivasha which is notably the last one in the first cycle of the life of this Parliament. Being the last devolution conference, it is a marker on the calendar of this country and its history. This is where we shall be judged that when we birthed devolution after our Constitution which has excited this country and given hope once more to the people that we can be one people and have an egalitarian society of all equals. 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

Your time is up, Hon. Senator!

Madam Temporary Speaker, as we go on recess, we should be mindful of those issues. I support.

Thank you, Madam Temporary Speaker. I rise to strongly oppose this Motion. Dear colleagues, what is wrong with us? Where are you going? You came here the other day and now you want to go back. The two months you were at home; what is it that you wanted to do that you did not do? We are shortchanging the taxpayer. We must work. I know on such critical things I am usually in the minority in this House. You will defeat me, but I will vote against. Having defeated me, I will go and tell you what I will do. The first thing I would do is that I will attend every NASA rally and I am looking forward to the first NASA rally in Thika Town. I am told there is a misguided person in here who thinks that we cannot end at Thika Stadium. Where was he with those tribal thinking when Hon. Kenneth Matiba was holding hands with Hon. Masinde Muliro, and Hon. Martin Shikuku?

Have you withdrawn your request? Stick strictly to what is out of order because of time.

Stick to what is out of order.

Madam Temporary Speaker, I was trying to find if he is in order to mislead the nation that he is not welcomed. You are welcomed all the time. The only thing that we agreed with you this morning is, please, this is not entertainment or outdoing zangalewa . It is sending a message to the people of peace and that you will accept to lose honourably when the elections come.

Senator, you have made your point. Allow the Senator to respond.

Thank you, Madam Temporary Speaker. I hope you will save my time. On a serious note, this tribal heat that people from certain tribes are going to be in your place is the very reason why we should change the government. I want to appeal to my colleagues in the NASA that it will be wrong for us to fight tribalism perpetuated by Jubilee by using tribalism. For example, we say that let us remove those two tribes and have our tribes take over. We want to embrace the message of inclusivity. We want to fight tribalism using inclusivity. We want to fight tribalism by loving people from the communities of the two leaders who have taken us on a dangerous precipice of tribalism. Madam Temporary Speaker, I want to appeal to the hoi polloi in the former central and rift valley regions.

You have one minute to conclude.

I am appealing to the hoi polloi to open their eyes and join us. Their Senator has deserted them and he pretends in press conferences that he is unhappy about the deaths in Baringo, West Pokot and Elgeyo-Marakwet. He also pretends when he goes and dines with the same people who are issuing orders of shoot to kill.

Hon. Senator, did I hear you say holloi kolloi? What do you mean by that? You need to clarify because this is on record?

Madam Temporary Speaker, hoi polloi are the ordinary people; the people who walk barefoot. They are those who suffer under the weight of our Government simply because when they walk around the cities of Kenya, they see Tuskys and Naivas supermarkets owned by one of them yet they do not partake of the jobs and returns from those things. They should be more worried about the cost of bread and sugar which has more than trebled since President Uhuru took over Government. Oh Lord, take away this Jubilee Government! How can the poor people be suffering like this? Madam Temporary Speaker, there are no drugs in hospitals---

Point of order.

Sen. Wamatangi, you have 30 seconds and please stick to what is out of order.

I will Madam Temporary Speaker. Is the Senator in order to mislead this nation that he knows of two communities that have shortchanged this 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

Madam Temporary Speaker, I would like you to guide my junior colleague from Kiambu that it is during debate on adjournment that a Member can speak to anything under the sun. I was saying that we cannot miss drugs in hospitals yet the Senator for Kiambu keeps on smiling. Children of five years die in the villages because you people have refused to take drugs there. Jubilee must leave Government. This cannot be right. The death of a boy---

Order Senator, your time is up. I will now give the Floor to Sen. Elachi. You only have two minutes.

Madam Temporary Speaker, when we go on recess, I hope we will attend the conferences that have been scheduled. There is also a lot of work that we need to clear. If this Senate wants to be in history, it is time we cleared all the Bills that are pending. This will help our Senate to stand and the next Senate will appreciate what we have done. Madam Temporary Speaker, it is time for women to take over our country. If the men continue pushing our country to the direction they are doing, we will lose our country. Our children are suffering. It is time we took over the leadership of constituencies. We have to save our country from the rhetoric that men use thinking that is the direction our country should go. Our schools are rotten. We need to save our children. Madam Temporary Speaker, with those remarks, I beg to support.

Thank you, hon. Senators. I also take this opportunity before we conclude, as we go on recess, to encourage all of us as we go to our various rallies and meetings to preach peace, reconciliation and seek for votes in a manner that do not provoke or cause anybody to feel that they do not belong to the system.

Hon. Senators, it is now time to interrupt the business of the Senate. This House stands adjourned until 28th March, 2017 at 2.30p.m. The House 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