Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of vising staff from Meru county assembly. The staffers are here on a five-day attachment programme at the Senate. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition. 1. Mr. Batista Muriuki, 2. Mr. Erick Mwenda, 3. Ms. Emily Kendi 4. Ms. Mary Gatwiri 5. Mr. Seth Mubichi All the staff members are clerk assistants. On behalf of the Senate and on my own behalf, I welcome them to the Senate and wish them well for the remainder of their stay. I thank you.

Hon. Senators, I have a message from the National Assembly on the approval of the Public Private Partnerships (Amendment) Bill (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

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today,---

Order, Sen. Wako! We are on Order No.4, petitions; not papers.

Mr. Speaker, Sir, I beg to lay the following papers on the Table of the Senate today:- The Independent Electoral and Boundaries Commission (IEBC) report on the status of diaspora voter registration and voting. The Independent Electoral and Boundaries Commission (IEBC) policy on voter registration and voting for citizens residing outside Kenya (diaspora). The Independent Electoral and Boundaries Commission (IEBC) annual report for the period 2014-2015. 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 Chairperson, Committee on Legal and Human Rights, and the Senator for Busia County has performed a strange act. That explains the confusion that was encountered earlier. He had both papers and petitions. He should have started from the bottom with the petitions. Instead, he decided to start with the papers at the top which should be in the next order. However, we will indulge him for now. However, that means the Standing Order 227 applies for the petitions. Sen. Wako, for orderly transaction of business, please read the Petitions that you have and then I will allow you to lay the Papers on Table of the Senate later when I call the next order. This is because other Members also have Papers to lay on the table.

Mr. Speaker, Sir, I have a petition by Mr. Wachira Kariuki Musa on Unfair and Unconstitutional Treatment by the Institute of Certified Public Accountants of Kenya (ICPAK) which I would like to lay on the Table.

Order, Sen. Wako! Do you have those petitions with you? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Yes, Mr. Speaker, Sir.

After reading one, table it.

Mr. Speaker, Sir, they are all bound together.

Tabling does not mean literary handing it over to the Clerks- at-the Table.

Mr. Speaker, Sir, I table the report dated 2nd March, 2017 which was sent to Clerk and duly approved by the hon. Speaker on 7th March 2017. Here it is.

Table it.

Mr. Speaker, Sir, I want to make it easier for the Clerks.

Order, Senator! You are not going to introduce new procedures this late in the day.

Mr. Speaker, Sir, the second Petition is by Hon. Jeremiah Kioni on the boundary dispute between Laikipia and Nyandarua counties which was sent to the Clerk on 2nd March 2017 and duly approved by the Speaker on 7th March 2017. I table it.

REPORT ON PETITION: PUBLIC PARTICIPATION ON MATTERS BEFORE THE SENATE Mr. Speaker, Sir, the third Petition is by the Institute of Social Accountability on Public Participation on Matters before the Senate which was sent to the Clerk on 2nd March 2017 and duly approved by the Speaker on 7th March 2017. I hereby table it on behalf of the Committee which considered these very weighty matters touching on the issue of public participation. There is a Bill which is coming and I hope it will be given due priority.

REPORT ON PETITION: IMPLEMENTATION OF ONE THIRD GENDER RULE PURSUANT TO ARTICLE 8 (1)(B) OF THE CONSTITUTION Mr. Speaker, Sir, the fourth Petition is by Major (Rtd.) Kiprono Rop concerning the implementation of the One Third Gender Rule pursuant to Article 8 (1)(b) of the Constitution. It was sent by my Committee to the Clerk who sent it to the Speaker on 2nd March and was duly approved on 7th March 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!

Mr. Speaker, Sir, I table it.

REPORT ON PETITION: ALLEGED ESTABLISHMENT OF MUNICIPAL COURT BY NAKURU COUNTY GOVERNMENT Mr. Speaker, Sir, the fifth Petition is by Hon. Margaret W. Kiiru, Member of County Assembly (MCA) and a resident of Nakuru County on the alleged establishment of a Municipal Court by the Nakuru County Government. It was sent to the Clerk’s office by my Committee after consideration on 2nd March 2017 and approved by the Speaker on 7th March 2017. I hereby table the same.

REPORT ON PETITION: ALLEGED CORRUPTION AND WASTAGE OF PUBLIC FUNDS BY NANDI COUNTY GOVERNMENT Mr. Speaker, Sir, the sixth petition is on the alleged corruption and wastage of public funds by the Nandi County Government duly considered by my Committee. It was sent to the Clerk who sent it to the Speaker on 2nd March 2017 and duly approved by the Speaker very efficiently on 7th March 2017. I hereby table the same.

REPORT ON PETITION: PAYMENT DUE TO THE NCC ON ACCOUNT OF A PARCEL OF LAND IN EMBAKASI ALLOCATED TO THE DOD Mr. Speaker, Sir, the seventh petition is by Dr. Evans Kidero, Governor of Nairobi City County, concerning payment due to the Nairobi City County on account of a parcel of land in Embakasi allocated to the Department of Defence. This was duly considered by the Committee and sent to the Clerk on 16th March 2017 and duly approved by the Speaker on that very day on 28th March 2017. I hereby lay the document.

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

Hon. Members, you will appreciate that this House has been concerned about delayed Petitions and we should thank the Chairperson, Legal Affairs and Human Rights Committee for making use of the recess to conclude most of the Petitions before them. However, I suppose the recess might have also been too long to the extent that he forgot some procedures.

Thank you, Mr. Speaker, Sir. I rise on behalf of the Committee on Land and Natural Resources of the Senate to table two petitions and a report. The first one---

Order, Sen. Khaniri. I thought you were going to help your elder brother Sen. Wako. This is petition time. So, deal with the two Petitions and the next order you can do the report.

Thank you, Mr. Speaker, Sir. I stand guided. I will table the two petitions first before I table the reports. REPORT ON PETITION: THE EXACT LOCATION OF CHANGARA I wish to table the reports to the two Petitions:- Report on the Petition made to the Senate by the residents of Changara Location on the exact location of Changara. REPORT ON PETITION: LEASING OF GAME RESERVES BY ISIOLO COUNTY EXECUTIVE Report on the Petition made to the Senate by the residents of Isiolo County on the leasing of the Buffalo Springs and Shaba Game Reserves by the Isiolo County Executive Thank you. I table.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 28th March, 2017: Annual Report of the National Police Service Commission for the Year 2015/2016

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

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday 28th March 2017:- The Teachers Service Commission Annual Report for the Period 2015/2016

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday 28th March, 2017:- The National Land Commission Annual Report for the Period 2015/2016 REPORT ON CITES COP 17 CONVENTION HELD IN JOHANNESBURG, RSA Report on the Convention on International Trade in Endangered Species of World Fauna and Flora (CITES), COP 17, that took place in Johannesburg, Republic of South Africa (RSA) from 24th September to 5th October, 2016.

Proceed, Sen. Wako. We are on Order No.5; Papers. REPORT OF THE IEBC ON THE STATUS OF DIASPORA VOTER REGISTRATION AND VOTING

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday 28th March, 2017: The Independent Electoral and Boundaries Commission (IEBC) Report on the Status of Diaspora Voter Registration and Voting. THE IEBC POLICY ON VOTER REGISTRATION AND VOTING FOR CITIZENS RESIDING OUTSIDE KENYA The Independent Electoral and Boundaries Commission (IEBC) Policy on Voter Registration and Voting for Citizens Residing Outside Kenya THE ANNUAL REPORT OF THE IEBC FOR 2014/2015 The Independent Electoral and Boundaries Commission (IEBC) Annual Report for the period 2014/2015

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

Proceed, Sen. Elachi.

Sen. Elachi, which order are you standing on?

You lay Papers on the Table, not on your desk!

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Tuesday 28th March, 2017:- THE STATE OF THE NATION ADDRESS DELIVERED BY H.E. THE PRESIDENT ON 15TH MARCH, 2017 The State of the Nation Address Delivered on Wednesday, 15th March, 2017 during the Special Sitting of Parliament THE 4TH ANNUAL REPORT (2016) ON REALIZATION OF NATIONAL VALUES AND PRINCIPLES OF GOVERNANCE The 4th Annual Report (2016) To Parliament on Measures Taken and Progress Achieved In the Realization of National Values and Principles of Governance. THE 4TH ANNUAL REPORT ON FULFILMENT OF INTERNATIONAL OBLIGATIONS OF THE REPUBLIC OF KENYA The 4th Annual Report to Parliament on Progress Made in Fulfilling the International Obligations of the Republic of Kenya;. THE 4TH ANNUAL REPORT ON STATE OF NATIONAL SECURITY The 4th Annual Report to Parliament on the State of National Security by the President.

Next order!

Mr. Speaker, Sir, I beg to give Notice of the following Motion: THAT, pursuant to the provisions of Standing Order 24 (6), the Thanks of the Senate be recorded for the exposition of public policy contained in the Address of the President delivered on Wednesday, 15th March, 2017 and further notes the following Reports submitted by the President in fulfillment of the provisions of Articles132 (1) (c) and 240 (7) of the Constitution, laid on the Table of the House on Tuesday, 28th March, 2017- a) Report on measures Taken and Progress Achieved in the Realization of National Values and Principles of Governance; b) Report on Progress made in Fulfillment of the International Obligations of the Republic; and, c) The Fourth Annual Report to Parliament on the State of National Security.

Next order!

Order, hon. Members. We are on page 251 on your order Paper; Statements to be requested. Sen. Ong’era and Sen. (Prof.) Lesan are not there. MISSING BVR KITS ALLEGEDLY STOLEN FROM MANDERA BY AL SHABAB TERROR GROUP PUBLICATION AND DISTRIBUTION OF EDUCATIONAL MATERIALS TO PUBLIC SCHOOLS

Proceed, Sen. Khaniri. KILLING OF MR. DISMAS MAHIGI MASITSA

Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on National Security and Foreign Relations concerning the killing of an Administration Police Officer. The deceased, Mr. Dismas Mahigi Masitsa, who was attached to the Speaker of the National Assembly, was allegedly shot dead by a colleague. The incident occurred on 11th February, 2017 at hon. Justin Muturi’s residence while the officer was on duty. In the statement the Chairperson should: (1) Explain the circumstances that led to the shooting and the action taken against the culprit to ensure that justice is served to the bereaved family. 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

Where is the Chairperson of the Committee on National Security and Foreign Relations? Order, hon. Members. The Chairperson laid a Paper. What is it, Sen. (Dr.) Khalwale?

On a point of order, Mr. Speaker, Sir. If it may help the House, I had come to listen to a statement from the same Senator but she has just apologised because she has a flight to catch. She has left to fly out of the country.

Mr. Speaker, Sir, I am a Member of the Committee. We will notify the Chairman, Sen. Haji, so that he can bring the statement in two weeks’ time.

It is so ordered. It will be issued in two weeks’ time. Proceed, Sen. Ndiema. DISTRIBUTION OF SUBSIDIZED FERTILIZER TO FARMERS

Mr. Speaker, Sir, pursuant to the provisions of Standing Order No.45(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries. Since the planting season in most parts of the country has begun, what arrangements has the Government undertaken to ensure that subsidized fertilizer has been procured and distributed to farmers? In the response, the following details should be provided. (1) Quantities and type of fertilizer procured for this season and last year. (2) The quantities of each type of fertilizer distributed to each county this season and last year. (3) Quantities of fertilizer distributed to Agricultural Development Corporation (ADC) through Kenya Seed Company this season and last year. (4) What are the reasons for the variances, if any?

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

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

Mr. Speaker, Sir, I know that the Senator for Trans Nzoia County has asked for a detailed statement regarding---

Order, Senator! We heard the Statement.

Yes, Mr. Speaker, Sir. Further to what he has asked, I want to know whether the Government---

Order! Sen. (Prof.) Lonyangapuo, do you want to add to what he has said?

Yes, Mr. Speaker, Sir.

Then go ahead and ride on it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, we need the fertilizer to be supplied in the shortest time possible. The rains started yesterday.

Mr. Speaker, Sir, you will agree with me that the question on fertilizer has been raised here more than five times this year. There is need to find out if the Cabinet Secretary (CS) for Agriculture gets to know what we are thinking about him. This is a very serious issue.

Mr. Speaker, Sir, the Chairperson should bring this statement because it is very urgent. I have heard the West Pokot County Senator say that the rain started yesterday, but I would like to tell him that it started two weeks ago. People are busy planting crops, especially the breadbasket areas---

Order, Sen. Wetangula! It depends on where you are referring to.

Mr. Speaker, Sir, I am talking of the breadbasket areas where cereals are grown such as Trans Nzoia, Uasin Gishu, Nandi, Nakuru, Bungoma and Kakamega counties and other counties in the former Nyanza Province. As I ride on this statement sought by the hon. Senator, I want the Chairperson to tell the House and the country the following:- (1) The distribution of the fertilizer and the competition between the county governments and the national Government is hurting the agriculture sector in this country. Agriculture is a devolved function. We will want the Chairperson to explain why the national Government is still tightly holding onto procurement and purported distribution because we know that it is carrying out unsatisfactory distribution of subsidized fertilizer. Is the national Government tightly holding on to this procurement and distribution because of commissions and kickbacks in the procurement process of this fertilizer? (2) Is there a particular policy in the manner, criteria and qualifications in the distribution of this fertilizer? We find some governors in the counties using the distribution of this fertilizer as a campaign tool when it is a public resource. They are simply sending their cohorts to give fertilizer to those who agree to vote for them when the elections come and deny those who they perceive or know do not support their political agenda. What is the criteria and who qualifies to get subsidized and free fertilizer?

Thank you, Mr. Speaker, Sir. Allow me to ride on this question that is very important. The national Government is in charge of policy. Could the Chairperson tell us whether the national Government is aware that also a similar initiative is being carried out by governors? In Kakamega, Bungoma and Trans Nzoia counties, there were instances where the subsidized fertilizer that was given last year was strange because the crop performance for that year was poor. We would like to know if there is any policy that the governors follow from the Government before they bring in these fertilizers. Is the Government aware that in the process of distributing fertilizer, governors hire helicopters to hop from one shopping centre to another announcing that fertilizer worth of Kshs100,000 will be available next week? It is a pity that they spend Kshs 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

Could we hear from the Chairperson of the Committee on Agriculture, Livestock and Fisheries?

Thank you, Mr. Speaker, Sir. I will hold brief for the Chairperson of the Committee on Agriculture, Livestock and Fisheries. Given the number of questions that have been asked by the Hon. Senators, I think two weeks will suffice for us to come up with an adequate response to this effect. I believe the rain will still be there and the land is not moving.

It is so directed; in two weeks’ time.

On a point of order, Mr. Speaker, Sir. I rise to raise a request for two Statements. FATAL SHOOTING OF MR. EDISON NATEMBEA NANDORI The first one is under Standing Order 45(2)(b). I wish to demand for a Statement from the Chairperson of the Committee on National Security and Foreign Relations on the fatal shooting of Mr. Edison Natembea Nandori on 18th March, 2017, at Naivas Area, Komarock Ward, Nairobi County. The late Mr. Edison Natembea Nandori was the Ford- Kenya party aspirant for Komarock Ward in Nairobi County. Could the Chairperson clarify the following:- (1) What were the circumstances under which he was shot? (2) If the police is seized of this matter, what is the status of investigations? As the leadership of Ford-Kenya, we demand that they be thorough, expeditious and just. (3) Is the police aware that at the time of being shot, Mr. Edison Natembea Nandori was in the same car with, amongst others, a Mr. Victor Waiswa and Mr. Hillary Waiswa? (4) Why has the police not arrested the above two for questioning and/or recording of statements? We demand that they be treated as suspects.

Could we hear from the Chairperson of the Committee on National Security and Foreign Relations? If he is not around, could we hear from Sen. Wetangula who had volunteered before? It is the same Committee that he is holding brief.

Mr. Speaker, Sir, I will advise the Chairperson to bring a Statement within the next two weeks. However, I also want to ride on the Statement. I want to demand that over and above the information sought by the distinguished Senator for Kakamega County, we want to hear from the Chairperson regarding insecurity in this country. People are being gunned down in broad daylight and property is being destroyed in Baringo, West Pokot, Samburu, Nairobi and everywhere and Jubilee keeps telling us that they are in control. We want to know what the Government is doing to provide adequate security for each and every citizen of this country, so that people can go about doing their businesses without fear of being molested by muggers, thugs and criminals. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. I have another statement---

Order Senator! We need to dispose this one. Do you not want to know when the first one should come?

Mr. Speaker, Sir, I have no objection with two weeks.

It is so ordered. LOUD MUSIC IN LIONS EYE HOSPITAL AND CONSTRUCTION OF TEMPLE AND AUDITORIUM IN LORESHO

Mr. Speaker, Sir, I have another statement to seek. I rise under Standing Order No.45(2)(b) to seek for a statement on pollution by way of playing loud music in Loresho’s Lions Eye Hospital and the upcoming construction of a temple and auditorium in Loresho residence from the Chairman of the Committee on Land and Natural Resources. The Chairman should state the following:- (1) Is Lions Eye Hospital licensed to play loud music in the hospital, up to and including at night to the detriment of the patients and residents of Loresho surrounding the hospital, contrary to the regulations on noise pollution by the National Environment Management Authority (NEMA)? (2) What is the Government doing to stop this health hazard that is a threat and an inconvenience to:- (a) The patients at the hospital; and, (b) Residents of Loresho? (3) What is the Government doing to ensure that the patients including the legendary footballer Joe Kadenge who were previously admitted at the hospital are compensated? (4) What is the identity of the religious group that intends to construct a temple and an auditorium in the residential area? (5) Could the Chairman table all documents that authorised and licensed the construction of the above? (6) Is the Government aware that the new facilities of the intended construction include a parking for over 450 vehicles and that the development will cause a serious strain on, amongst others, the sewerage system far surpassing the capacity that serves the current Loresho residents and if so, could the Chairman table a separate plan showing the expansion of the sewerage system and other social amenities in Loresho residential area? (7) Could the Chairman, through the Cabinet Secretary (CS), order the stoppage of playing of loud music and construction of the temple and auditorium until investigations on this matter are concluded? Mr. Speaker, Sir, I thank you.

Mr. Speaker, Sir, I just want to ride on what my Senator has said. Regarding the issue of pollution, I would also like the Chairman to explain to the House and Kenyans why Space Lounge in Kilimani makes noise to the whole community. The people there have even complained but to date the place is still open and they still play loud music. 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 also riding on that as well. It is not only noise pollution but the indiscriminate felling of trees which are planted along the roads in Nairobi by people or business people putting up billboards. What is the Ministry doing to ensure that trees are not replaced by billboards?

Let us hear from the Vice Chair of the Committee on Land and Natural Resources.

Mr. Speaker, Sir, on behalf of the Committee on Land and Natural Resources, I request for two weeks for us to be able to issue the requested statement.

On a point of order.

What is it Sen. (Dr.) Khalwale?

Mr. Speaker, Sir, clarity is a very important thing in this House. Did I hear Sen. Khaniri say on behalf of the Committee? Could he clarify whether he is the Chairman? It is very important for the people of Vihiga because a commitment was made in this House that when he was de-whipped from the County Public Accounts and Investments Committee (CPAIC), he was to become the Chairman of the Committee on Land and Natural Resources?

Mr. Speaker, Sir, as far as I know, I am the Vice Chair of this particular Committee and I do not know of any meeting where I was elected Chairman. Therefore, I stood in my capacity as the Vice Chair of the Committee.

Order, Vice Chairman. Now that you have confirmed it, I think the matter raised by Sen. (Dr.) Khalwale and supported by two other Senators is quite grave especially when you talk about noise pollution in a hospital. I direct that you bring a response within one week.

Mr. Speaker, Sir, I had requested for two weeks. I will endeavour to bring the statement within a week. However, knowing how the systems work, I request that we be given up to next week so that we have a whole week to do the communications with the relevant authorities in the Executive.

I would rather you make the attempt in the first week then from there you can explain to the House your frustrations and seek for more time, if need be. In the statement, the Member sought that the construction should stop until investigations are completed. So, if you allow two weeks they might complete the construction. That is what informed my directive on one week.

Mr. Speaker, Sir, most obliged. We will swing into action right away.

Those are the statements to be requested. Now we need to get to statements to be issued. We will begin by Statement (a). THE CONDITIONAL ALLOCATION TO COUNTIES FOR MEDICAL EQUIPMENT

There was consensus between the two parties. Therefore, the Statement has been deferred to Tuesday next week.

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Hon. Ethuro): Sen. (Dr.) Khalwale.

Mr. Speaker, Sir, I am ready to receive the answer.

Order, Members; that is actually not for Sen. (Dr.) Khalwale. It was directed to the Committee on National Security and Foreign Relations.

Mr. Speaker, Sir, the Vice Chair has spoken to me. She has confirmed that she has the answer but requested that she be allowed to issue it next week since she is travelling. She was catching a flight. So, I have concurred that I will take the answer next week.

Order, Members. Why did you not just pursue the route of Sen. Wetangula because they discussed and approached the Chair so that instead of calling out, I would just have deferred to the time you had agreed? That is better use of our time. So, that is deferred to next week Tuesday.

Mr. Speaker, Sir, on the same footing, it is like these questions are revolving on the Vice-Chair of the Committee on National Security and Foreign Relations who had also asked for this Statement to be issued today. I have reliablylearnt that she is not in the Chambers. We can do it on Tuesday next week.

Yes, Sen. Karaba?

Mr.Speaker, Sir, I had indicated to you earlier that the concerned Senator had left the Chamber.

When did you indicate that to me?

Mr. Speaker, Sir, I can do it when she comes back or if you allow me, I can issue it next week.

Let us do it on Tuesday, next week. That is the end of Statements hour. We should now proceed to the next order. Order No. 8.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to the provisions of Standing Order 24 (6), the Thanks of the Senate be recorded for the exposition of public policy contained in the Address of the President delivered on Wednesday, 15th 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 rise to second this Motion. I appreciate the speech that was delivered by His Excellency the President to the nation in the National Assembly Chamber a few days ago. In the State of the Nation Address, he highlighted the developments and achievements of the Jubilee Government in the last four years. Articles 10, 132 and 240 of our Constitution allow the President to address the nation once every year or at any time in the course of the year as he may find it fit. He is expected to talk about national security, measures taken and the progress achieved in realization of national values that we have had since we became a nation. As mentioned by the Mover of the Motion, the key thing that he talked of was the devolved system of governance that has been witnessed for the last four years. Although it is at the initial stages, the Constitution talks about sharable revenue being at a minimum 15 per cent. Our economy is strong and it is growing. The President said that it has risen from 15 per cent to 34 per cent. We need to appreciate this. However, the last audited accounts were done three or four years ago. We need to make it current for us to make sure that the funding that goes to the county governments is used appropriately for 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

Madam Temporary Speaker, I have read this speech keenly and have found it very interesting and fulfilling to the very many promises that the Government had proposed when we had the first speech as enshrined in the Constitution in 2013. This speech is giving Kenyans hope and spells doom on those who are doubting Thomases because a lot has been said to have been done and completed by His Excellency the President. It is important to note that we have engaged quite a lot in our country. A lot has been achieved particularly with devolution which has been taken to the counties. We have seen a lot of development taking place in the counties as compared to what was there before. I have also travelled quite a lot in this country with my Committee on Education and what we see and gather to compare with the past is that there has been tremendous improvement in infrastructure, health and in education. It is, therefore, important to note that such speeches once given will add value to most of what we know because we can see and compare with the past. This can even leave most of us wondering whether the future President should continue doing this as they self-appraise the Government. Madam Temporary Speaker, what is most interesting I noted was that the president was able to appreciate that the current drought experienced in Kenya had adverse impact and had contributed to a lot of suffering to most Kenyans which is true. In the Speech, he told us that we were going to get a lot of assistance and aid from countries such as China, India, Korea and Israel. According to my assessment and knowledge, China, for example, with a population of about 1.388billion is able to feed itself, which to me is a wonder in modern history. A country feeding itself and can export what they grow is due to its very hardworking population and we should also borrow ideas of how these people are sustained. To feed a country such as China requires a miracle. Instead of us feeding China with its population of 1.388billion, it is that country feeding a country with a population of 43million which is a very great contrast that should be addressed by all of us and not the President alone. In this case, I would urge Kenyans to heed and attend to more agricultural arable farms so that we grow the relevant crops where there is opportunity cost. In areas where we can afford to grow maize, let the maize grow. Where we can afford to keep fish, let there be fishing and if we can optimise these activities, I am sure we are even going to be exporters of the same commodities to otherwise lesser countries in the world. It is also true to note that Kenya has transformed quite a lot particularly in the provision of hydropower. We have seen quite a lot in northern Kenya where wind power has gained a lot of currency. It is true that Kenya will very soon become an exporter of the same. This can lead to great transformation of infrastructure and can support manufacturing at all levels which can start from the establishment of cottage industries like the ones associated with India as a sub-continent. These industries will further create jobs and raise the gross domestic product (GDP) for our country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Sen. Karaba, you have four minutes to conclude.

Madam Temporary Speaker, I appreciate the four minutes. I will use it properly. In interrogating the speech, it is important to note that it gives a lot of hope for even the years to come. This has made most Kenyans proud. We have also noted that Kenya has been a great country to neighbouring countries like Somalia. We have been able to contain the terrorism which would have otherwise come from the borders of Somalia. We therefore thank the AMISOM army for doing what we would have expected. This has earned us a lot of confidence from other countries in the world. As a result of that, we have had quite a number of people visiting our country. The head of state for India, Israel, the United States of America (USA), South Korea and many other countries have visited Kenya. Similarly, we have reciprocated the visits. That is expressed by the number of appraisals we get from our infrastructure. It is important to note that the results of Kenya Certificate of Primary Education (KCPE) and the Kenya Certificate of Secondary Education (KCSE) were for the first time supervised and marked with military precision. I thank the Cabinet Secretary of Education and the Government. That was one of the greatest corruption that we have had in Kenya because when we corrupt the minds of our young boys and girls in high schools, they will end up corrupted. That is a great exercise that should be practiced to heal our country. I therefore thank the President for his wonderful speech and hope that others will emulate the spirit and the concern of the President.

Madam Temporary Speaker, when the President read his Speech, I put on my best behavior. I did not come with a whistle because I thought and believed that the President was going to tell Kenyans something tangible and substantial about how the Jubilee Administration has realized the national values espoused in Article 10 of the Constitution. The Speech was in very good English. The President went to St. Mary’s School, therefore, it is expected that his English is good. However, it is full of alternative facts. It is full of statements that cannot be verified. Article 10 of the Constitution requires the President to talk to us and tell the nation to what extent his administration has achieved the realization of the national values which are clearly defined. There are many things that it talks about; patriotism, national unity, devolution, human dignity, equity, social justice, inclusiveness, human rights, non-discrimination and protection of the marginalized. However, the speech writer and other people in the ‘house on the hill’ focused on only one national value called sustainable development. Madam Temporary Speaker, the President’s speech was about development. Whether it was sustainable development or not, the greater effort and most of the words in the Speech addressed the value called sustainable development. I struggled to see how this Speech talked about realization of the value called national unity, patriotism, rule of law or democracy. 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. Is Sen. Kajwang in order to mislead the country and the House that the Government is hell-bent on hounding constitutional office holders from office? Can he substantiate what he means by saying that the Government is harassing the Auditor-General’s Office?

Sen. Kajwang is in the process of analyzing the President’s speech. I believe that he has not yet concluded. I believe that in the course of his analysis, he is going to make certain clarifications. Proceed, Sen. M. Kajwang.

Madam Temporary Speaker, that is rightly observed. Perhaps at the conclusion of my analysis of the President’s Speech, it will come clear to my dear colleague, Sen. Wangari, why we believe that there is a conspiracy to defeat the will of the people and frustrate independent bodies. Madam Temporary Speaker, we have heard governors being called names that if it was in Parliament it would be un-parliamentary. We are not asking for too much from the Head of State. We are asking him to---

On a point of order Madam Temporary Speaker. We are a House of record. When we put Statements that we cannot support or substantiate on this Floor, I do not think it would be fair to this House. I would still like to get a clarification on how the Government has interfered with the office of the Auditor- General because as much as I am aware, the one petition that is before the National Assembly has been brought by a person – one private Member.

Order! You were on a point of order.

Sen. Madam Temporary Speaker, can we get clarification from Sen. M. Kajwang on what he meant?

I still want to maintain that the Senator is still making his contribution and is yet to conclude. In case he concludes without convincing us that he has put on the table enough facts to substantiate, then I will make a ruling. Senator, proceed as you bear that in mind.

Thank you, Madam Temporary Speaker. I believe that the Government of Kenya resides at State House or the Head of the Government of Kenya resides at State House. It is on public record that when the Auditor-General went to State House for an anti-corruption summit he received tongue lashing that indicated that the Executive was not happy with his activities. Allow me just to look at other aspects of the President’s Speech so that this point comes out clearly. We must stop this harassment of governors. Even if you do not like them, you must find a way of living with them. We must stop this habit of trying to invent mistakes and crimes on the part of governors. We must stop this habit of belittling and insulting governors who head governments that are recognized by the Constitution. That is why when the Head of State talks about devolution and the commitment of his Government to support devolution, we wonder whether this is the real fact or an alternative fact. 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 five minutes to conclude.

On a point of order, Madam Temporary Speaker. It was your ruling that the Senator who is speaking was going to clarify a point that was raised by Sen. Wangari. He should be able to elaborate and tell us how the Government is interfering with the Auditor-General’s office. That should come before the end but he has only 15 seconds to do that. It was your ruling that he was going to do that at the end of this.

Order, Senator. I am aware and I was also listening keenly. I said he had five minutes. In about one or two minutes somebody is able to make a clarification. Since he still has four minutes, I believe he is going to revisit that point.

Thank you, Madam Temporary Speaker. We must point out the alternative facts in the President’s Speech. He talks of roads, thousands of kilometers 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, first, I commend the President for turning up at the National Assembly Chamber for his constitutional duty and giving an address on the State of the Nation. The President raised a number of issues. Given the time allocated and his wisdom, he addressed several issues. Definitely, it is not exhaustive but he touched on many issues during his tenure in office. First, he mentioned about the Independent Electoral and Boundaries Commission (IEBC). It is important that he commented on this. The whole country is focused on the forthcoming elections and ensuring that the country remains safe and secure after 8th August, 2017. He assured the country that the IEBC will deliver a credible election to ensure that the country remains peaceful. Madam Temporary Speaker, it is important that every party or individual supports the IEBC. The Judiciary should carry out its functions in a manner that will allow this independent commission to follow due process and deliver credible elections. The President requested every party to support the IEBC. We will face a monumental task. It has significant influence in the country. In addition, the President said he was proud about what we have done regarding devolution. I am sure this House joins the President in saying we are proud for having delivered the promise of devolving services and setting up devolved units as premised in our Constitution. There are only a few challenges in devolution. The duration was short; it was only three years that all the functions and assets would be devolved to the county governments. It is unfortunate that four or five years down the line, we are yet to deliver some assets and liabilities of various counties. Some of these assets are important in the success and running of the counties. Therefore, it is important that these assets and liabilities are dealt with and the matter concluded so that counties can carry out their functions. There has been a persistent complaint. The President also mentioned that the transfer of funds to the counties is a challenge. Of course, we all know that this is real. Counties are complaining that they are getting their share of the monies but, unfortunately, they do not get it on time. The challenge is that availability of funds is dependent on how much the Kenya Revenue Authority (KRA) collects from the population. We urge the KRA to use an efficient system and widen the tax base without necessarily increasing taxation so that we can have sufficient funds at every quarter to be delivered to the counties. That way, we will support our counties to be successful. That is the desire of the President and the Senate. Madam Temporary Speaker, we also faced the problem of terrorism. The President could not complete his speech without mentioning it. This country has made enormous sacrifices by sending its young men and equipment to Somalia to forestall some of those attacks that would have been subjected to citizens of this country. We have succeeded in Somalia. We have supported formation of a Government in Somalia. This week, the President of the independent Republic of Somalia visited this country. This is evidence that the Government of Kenya’s support has yielded results. It is important 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

Sen. (Prof.) Lesan, you have four minutes.

Madam Temporary Speaker, as I conclude, I do appreciate what the President said about supply of equipment to hospitals in this country. As a medical doctor, this equipment is useful irrespective of how they got into the hospitals. This equipment is very useful for it is used for initial diagnosis of the biggest problem that this country is facing in terms of health such as cancer which is ravaging our population. It does not matter whether it is malignant or benign. I am concerned that the industrial action that was taken by the personnel at the Ministry of Health took far too long to be resolved. This should never happen again. I want to urge the governors who handle the devolved function of health to take care of their full mandate. It is their responsibility to deal with the personnel, handle them, give them the necessary incentives, negotiate with them, talk to them, train them and make sure that they deliver services to the country without necessarily taking an industrial action. I know that this is possible. We know the usefulness of saving lives in this country and these are the personnel who are going to help us. It is also important to remind the governors for I know that a lot of them think that anybody in a white coat walking around in the corridors of a hospital is a doctor. This is not true. It is very important for us to start to invest in specialist personnel who can offer the services at the highest level possible, using the equipment that has been given to hospitals. Training is one of the key things that the governors should focus on in conjunction with the Ministry of Devolution. This is the only way they can do capacity building for their personnel in this country. They should recognize that there are personnel in this country who can do these things for us. All they require is support in terms of training, incentives and a good working environment. In his speech, the President, highlighted what his Government has achieved in the last four years that it has been in existence. Some of the things are visible. In my county, we are not talking about constructing a tarmac road. This is because we already have a total of 76 kilometres of tarmacked road which was done a year ago. I am sure projects like this will be done in many counties. The process of procuring for a road construction is not a one day event. It is a long process. This Government has been doing so and sooner rather than later, many roads will be constructed across the country. There are many roads which have been done by this Government. We should give credit where it is due. This is one of the areas where we should give credit to this Government. With those few remarks, I support the Motion because the President gave a commendable speech to the nation.

Asante sana, Bi. Spika wa Muda, kwa kunipa nafasi hii ili nichangia hotuba ya Rais ya tarehe 15-03-2017 katika Bunge la Kitaifa. Hotuba hii ilikusudiwa kuinua matumaini ya Wakenya katika maisha yao ya kila siku. Hii ilikuwa hotuba ya mwisho ya mhe. Rais kama Rais wa Jamhuri ya Kenya katika 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.

Mwisho--- 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. Wangari is on a point of order. Senator, please take your seat.

Madam Temporary Speaker, is Sen. Madzayo in order to belittle or gag the President on which projects he can open in this country?

Senator, proceed and make that clarification.

Bi. Spika wa Muda, asante kwa kunisaidia. Ninaelewa uchungu wa dadangu lakini ni sawa. Mwisho ningependa kutaja mambo ya Galana-Kulalu. Rais pia aliutaja mradi huo katika hotuba yake. Jambo la kusikitisha ni kwamba watu walioandikwa kazi pale si wa Kilifi wala Tana River. Tunajiuliza faida ya ule mradi ni nini. Hatimaye wale walio andikwa pale---

I use my discretion to give you two minutes, taken by that intervention, to conclude.

Asante Bi. Spika wa muda. Katika ule mradi ambao umekuja pale, licha ya kile chakula chote kilicho toka pale, tumekuwa na njaa sana ndani ya Kaunti ya Kilifi ambapo watu na mifugo wamekufa, na hakuna njia yoyote tumeona Serikali ikitoa chakula cha kutoka Galana-Kulalu kwa watu wa Kaunti ya Kilifi. Chakula hiki kilicho tengenezwa katika ekari million ambayo Serikali ilisemai inataka kuchukua kilienda wapi? Hilo ni swali tunamuuliza Rais.

Thank you, Senator.

Madam Temporary Speaker, I also rise to join in noting the Speech by the President. This is his last one at least until election and the next Parliament, and he has done that consistently in accordance with Articles 10, 132 and 240 of the Constitution as required. The one thing that I noted and I will outline just a few things is the commitment to national values. I think the President was very clear on cohesion and the building of a democratic nation. He also outlined the commitment of the Government to devolution which is the one that unites this country, regardless of one’s political party, region, age bracket and gender. Kenyans unanimously agree that the best thing that has happened under this Constitution is devolution. The President and the Government have consistently supported devolution in terms of ensuring that the monies that are supposed to go the counties actually do. There have been complaints in terms of time and we have addressed that in this Senate. However, the issue of audited accounts was raised by one Senator and I would like to address the issue. It is not the work of the President to ensure that the audited accounts are actually up to date. It is the work of the Public Accounts and Investments Committee of the National Assembly which is chaired by one Hon. Gumbo who is a Member of the Orange Democratic Movement (ODM) and we cannot consistently keep blaming the President for what is our responsibility. We must do it in accordance with the Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to make a few comments about this speech that fell short of anybody’s expectation, except for a few sycophants. At paragraph 144, the President said this:- “We must always remember that the calling of leadership is to serve, not to become rich through serving.” I hope his deputy was listening to him as he said these words. This is because we have a cabal around the President, which includes members of his family, who are not serving, but are becoming rich through serving. The President made a very good public relations speech. In a public relations speech, you become totally impervious to facts, truth and how your audience receives it. All you do is play like an actor. The President did put on a good act on that day. I could have given him an Oscar Award. However, everything he said apart from addressing the two Speakers and Members of Parliament, were all laced with exaggerations, falsehoods and outright untruths. They were statements that could only make sense to an audience that does not live in this country. You saw an editorial the other day in one of the respected newspapers in this country, The Standard, asking and decrying the number of times the President is churning out false figures. They were asking: Who is misleading the President? You saw the President in Mombasa standing up in public and alleging that the County of Mombasa has received disbursements of Kshs40 billion since devolution. If he even cared to ask Sen. Wamatangi, who is his Senator, he would have told him exactly how much money this House has approved to go to the County of Mombasa. It is Kshs23 billion. Who told the President that Mombasa County had received Kshs40 billion from the National Government? Somebody somewhere is not doing his job. I do not think the President just picks these figures. President Kibaki used to pay a lot of attention to figures, numbers and details. You would never hear him go out and read a speech that is not true. Some people used to underestimate Mzee Kibaki. You would give him a speech. After going through it, he The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

There is an intervention by Sen. Chiaba and I cannot see him in the House. Who is using his card?

Sen. Chiaba, is not in this House.

It is reflecting that Sen. Chiaba is the one who is intervening.

Mr. Temporary Speaker, Sir, this is what I am talking about. Everybody is trying to be what they are not. That is the problem of this country.

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

What is your point of order, Sen. Wamatangi?

Mr. Temporary Speaker, Sir, I was restraining myself from interfering with the flow of thoughts of the Senate Minority Leader as he makes his contribution. This being a House of records and a House of precedence, it made a ruling that information or a collection of newspaper cuttings does not form the basis to inform this House on either making a decision or determination or even putting on record what has been said. If the Hon. Senator is, indeed, keen on disputing and terming as false any part of that speech, it is only right and logical that he offers the alternative when he says that the numbers that were pronounced in regard to the police were false. What he would be doing in honour of the House and the rules and procedures which he knows very well, is to table an alternative and say his source of information. He should tell us that the President said that we have this number of police officers, but these are actually the ones that we have. He cannot mislead the House and the nation by saying things that he does not know or believe in. It is speculation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Temporary Speaker, Sir, the problem with trying to defend the indefensible is that you end up nowhere.

Order, Sen. Wetangula. Sen. Wamatangi says that if you are disputing the figures, then you need to table the figures that you have got from the right authority or institutions.

Mr. Temporary Speaker, Sir, there is absolutely no requirement in law or fact that when I say that what you have said is incorrect, I table something different. There is no requirement in any debate anywhere. I have said that I have even checked with the police. I keep my source of information privileged. They have told me the figures of the police ratio to the population are false. If they were true, why are we having so many serious security challenges everywhere? Why is my distinguished colleague, Sen. G.G. Kariuki’s county under siege which is not from serious criminals, but herders carrying G3s rifle and the police cannot handle them? An editorial in an authoritative newspaper is authority anywhere. I have said that the newspapers have decried, I did not say that they are an authority for my argument. I even cited the Senator himself that he is the Senator of the President and he owes him a duty to tell him facts as we do them here. The President cannot say Mombasa County received Kshs40 billion when they have received Kshs23 billion.

Sen. Wamatangi.

Mr. Temporary Speaker, Sir, I do not want to take the House into a seesaw of argument between myself and the Senator. But I believe no matter the position of the Senator in this House, he also owes faith and allegiance to the rules of the House. He cannot pretend to ignore them when he is making a contribution but when it is convenient when another Senator is on the Floor, then it becomes a binding rule. It is not secret in this House that this House does not rely on information collected from television sets or newspapers. That ruling is in our records. Mr. Temporary Speaker, Sir, the Senator cannot also run away from the fact that if he is making a statement of fact in his contribution, because he is disputing a position that was stated by the President in the State of the Nation Address, then he should offer what he is calling an alternative. Saying that he is declaring what was said as false, then he must tell the truth and that truth can also be challenged but he cannot proffer himself to be the authority that determines what is false and it becomes false without anything to determine it is false. It is not procedural.

(Sen. Wetangula)

On a point of order.

(Sen. Mositet)

Mr. Temporary Speaker, Sir. Is the Senate Minority Leader in order to tell Kenyans that the security crisis we are facing in Laikipia is because the police cannot do anything? We know very well that it is we politicians who went and incited those young boys to go and take land because they have decided that the lease is over. Are we in order as a House of records to tell Kenyans that it is the police who have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. Wetangula)

Sen. Wetangula, the Senate Minority Leader, I will refer you to Standing Order No.94 on responsibility for statement of fact. It states that:- “(1) A Senator shall be responsible for the accuracy of any facts that the Senator alleges to be true and may be required to substantiate any such facts instantly. (2) If a Senator has sufficient reason to convince the Speaker that the Senator is unable to substantiate the allegation instantly, the Speaker shall require that such Senator substantiates the allegation not later than the next sitting day, failure to which the Senator shall be deemed to be disorderly within the meaning of Standing Order No. 110 (Disorderly conduct ) unless the Senator withdraws the allegation and gives a suitable apology, if the Speaker so requires.” You are disputing what the Head of State had said about the ratio of the police and he was addressing the nation. So, it is a serious issue and you need to substantiate. That is exactly what Sen. Wamatangi was asking. If you feel you need time, you can request and the Chair can---

Mr. Temporary Speaker, Sir, I am not requesting no time. I said that the President said our police population ratio is higher than that recommended by the UN. I said that statement was incorrect. I have even checked with the police and they have told me it is not true. What is there for me to substantiate?

On a point of order.

What is your point of order Sen. (Dr.) G.G Kariuki?

Mr. Temporary Speaker, Sir, statements which are based on hearsay, a newspaper or individual policeman will tell you this figure was not correct. He should not imply that the President said a lie to the nation. It is important for my friend there to accept that it is a mistake to witch-hunt for any information in his head thinking he will offload it here. 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.

Sen. Elachi, is it on the same?

i: Yes Mr. Temporary Speaker, Sir. It is a serious allegation and my leader – because he is going to be the next President of this country – should know the numbers of security forces correctly. When he says that the President lied about the ratio of police officers to Kenyans, then it is important that he tells Kenyans what our ratio is today so that Kenyans do not get confused. The young people who are employed are very many. Again we will start interrogating budgets and wondering who the ghost workers are. It is an issue that we need to substantiate by true facts.

(Sen. Mositet)

Mr. Temporary Speaker, Sir, I do not want to be engaged in unhelpful polemics. I am carrying out a critic of the President’s speech. Unless we want to curtail free Speech even in this House, then I am afraid we are killing even the institution that is the bastion of freedom in the country. I have said and I want to repeat for avoidance of doubt. The President said the police population ratio is higher than the one recommended by the United Nations (UN) I said I have checked and I have been told by a senior police officer, I do not have to name here because he will be dismissed immediately, that the figure is incorrect. It ends there and I do not see any problem. I am disputing the President’s facts. I have the right to do so. I am a leader of the Opposition and I am carrying out a critique of what he said. I have a duty to do that. Mr. Temporary Speaker, Sir, if you sat where I sit, you would be saying exactly what I am saying. If you sat where I sit, you would not be coming here and saying: “This sounded like Shakespeare treatise---

On a point of order, Mr. Temporary Speaker, Sir. While I agree with the Senate Minority Leader that the policeman who gave him information will be sacked, that is a public office and I believe the Inspector General(IG) should now give the figures. The Senate Minority Leader cannot tell the country that we will not get the figures right since he has the right figures that we cannot get it from the IG. We need to substantiate those figures and facts. We will get it without having the policeman who gave him information being named. This is a very serious security issue.

Mr. Temporary Speaker, Sir, the President also addressed the issue of devolution. On that---

Order, Sen. wetangula. There is another point of order from Sen. Wamatangi.

Mr. Temporary Speaker, Sir, with your indulgence, I want to remind the Chair that you have a cardinal duty to also protect the dignity of this House. We cannot say that the rules only apply to some people. It is not right when Sen. 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. Wamatangi.

In his contribution, he has clearly declared that it is a falsehood. Can he withdraw or substantiate---

Order, Sen. Wamatangi. While I appreciate when you are trying to guide the Chair, I had not allowed Sen. wetangula to continue. He was still trying to substantiate. It is a very serious issue---

Mr. Temporary Speaker, Sir, I do not know what is exciting this Senator for Kiambu. Ask him how many policemen are there in Kenya and he does not even know. I do not know what he is disputing---

Order, Sen. wetangula. Do not be emotional. I am not trying to curtail your debate.

Free speech, free speech Mr. Temporary Speaker, Sir.

It is not an issue of free speech. It was a read speech---

I am a leader of the opposition-- -

Do you have a copy? If you cannot substantiate, just withdraw or you be given time to tomorrow. I am very fair to you. There are only two ways: either you withdraw or---

Mr. Temporary Speaker, Sir, can this Senator from Kiambu tell me how many policemen there are in Kenya? He is disputing something he is not even grounded on. He does not know. I am afraid I said the figure the President gave was incorrect, Sen. Anyang- Nyong’o has spoken here on similar lines and nobody challenged him. The Chair did not ask him to substantiate anything. If you want to single out the Senator for Bungoma and leader of minority and Presidential candidate for harassment and curtailment in his speech, so be it. Mr. Temporary Speaker, Sir, as Julius Caesar in Shakespeare play says: “I am here to bury him; not to praise him.” I am here to critique the Speech of the President and I have already lost 15 minutes, courtesy of the Senator for Kiambu who is behaving as if he is being electrocuted. Every time I say something he jumps up. Can you allow me to proceed with the many points I have as you can see?

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

Sen. Wetangula, the Senate Minority Leader in the House, I just asked you to either ask for more time so that you can substantiate or withdraw and apologise.

Mr. Temporary Speaker, Sir, there is nothing to withdraw---

Do not be emotional. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

There is nothing to apologise about. If you want the exact numbers I will bring them tomorrow.

So tomorrow at 2.30 p.m.

As I said, If we have---

Order Sen. Wetangula. I am going to give you time so that tomorrow you can bring the figures.

Mr. Temporary Speaker, Sir, it is so easy and I will shame this Kiambu man tomorrow.

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

You cannot refer to your colleague Senator as, “This Kiambu man.”

The distinguished Senator for Kiambu whose claim to fame is distributing water tanks.

Can you withdraw what you referred him as---

I withdraw. He is not “This man from Kiambu’’ but the distinguished Senator for Kiambu. My own good friend Sen. Kimani Wamatangi; a very close friend of mine. I have great respect for him.

On a point of order, Mr. Temporary Speaker, Sir. I will continue to hold my cool and good sense in the discussion. However, is it in order that the Senate Minority Leader would be referring to me as jittery; behaving as thou I am being electrocuted every time he mentions certain issues. I do not know whether that is an apology or just a pass over to say that he will shame this man from Kiambu. The Senate Leader of Minority needs to remind himself - I say this with a lot of humility - that I am one of the few Senators who was elected to this House by more than half a million voters from Kiambu to represent their interests the way he represents the people of Bungoma. When we come to this House, the single distinction between the Senate and even the National Assembly is that this is a House of equalization that stands for egalitarianism. When we come here we are equal. He cannot therefore---

Order, Sen. Wetangula. Who allowed you to go to the ---

Mr. Temporary Speaker, Sir, he cannot look down upon us just because we as Senators have again elected him into the position of Senate Minority Leader. Do we allow him to use the position to talk down on us, ridicule and call us names? He needs to realize that he is not the Senate Minority Leader of only the group that sits on this side; the Opposition. He cannot use that kind of language on Members. If you want us to behave as though we are electrocuted, then we can change tune and tone and behave that way. However, for the time being I am still going to remain as civil as I am supposed to be but he must respect the rules of the House and the Senators.

Mr. Temporary Speaker, Sir, I had already expressed my great respect for the distinguished Senator who is my very good friend and with whom we share a lot of things including coffee, tea, alcohol and other things. The President talked about public--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order Mr. Temporary Speaker, Sir, the record of this House is very important. For the record, I do not consume alcohol. I am a fervent Christian who desists from consuming alcohol. Therefore, when the Senate Minority Leader says that we share a lot of things including alcohol, he is not being truthful. The last time I sipped alcohol was more than a decade ago.

Mr. Temporary Speaker, Sir, I said “we share” but I never said you drink. Can I carry on? Mr. Temporary Speaker, Sir, the President talked about public debt. If you watched that Speech, the President said that our public debt is not unmanageable, that we are still within reason. The President never cared to tell us where he found the public debt and where he has taken it to. Former President Kibaki left this country with a public debt of Kshs875 billion. In three-and-a-half years, the Jubilee regime has pushed the public debt to Kshs3.8 trillion. If that is not alarming, I do not know what you would call it. Yet the President stands to say that the debt is not unmanageable. The country is not moving. The economy is stagnated. The growth figures are only a figment of the imagination of certain people in Jubilee Government. You say that the economy is growing, but look at the rate of unemployment on the streets, the soaring crime, and collapse of agriculture that gives the highest level of employment in the country. Mumias Sugar Company has collapsed and Nzoia Sugar Company is collapsing. The tea, coffee and rice industries are struggling. There is nowhere that you can talk of bounty, then you come to tell us that the economy is growing. It is digging holes to fill holes. Mr. Temporary Speaker, Sir, look at the cost of the standard gauge railway. I feel very sorry for this country. Ethiopia, our neighboring country, with a more difficult terrain than any part of Kenya, a standard gauge railway line from Djibouti to Addis cost them slightly under $3 million per kilometre. Our standard gauge railway costs $8.5 million per kilometers from Mombasa to Nairobi. ‘Hata kama mnataka kutetea jameni,b e patriotic. I know that you want to say that I should speak in English continuously, but that is a quote and it is allowed under the Standing Orders.

On a point of order, Mr. Temporary Speaker, Sir. Is the Senate Minority Leader in order to bring the issue of standard gauge railway up when we know that the standard gauge railway of Kenya and the standard gauge railway of Ethiopia have a very big difference? Our standard gauge railway line is of a higher quality than Ethiopia’s. It is wrong to compare the terrain of Ethiopia and Kenya yet we know that we have had to take care of our wildlife and that is why it is more expensive. It is generally wrong to tell Kenyans on the Floor of this House that our gauge is the same standard as that of Ethiopian knowing very well that the Ethiopian standard gauge railway is of a lower grade.

Mr. Temporary Speaker, Sir, I really sympathize with my sister. Chair, you are an engineer; and you know you know that a standard gauge railway line is a standard gauge railway line whether it is in Russia, China, USA or any other country as opposed to what we have in the old Rift Valley Railway Line. The standard gauge railway is universal. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Temporary Speaker, Sir. I have listened to the Senate Minority Leader and I think some of his allegations are not true. In Ethiopia, the Government does not pay for the land. It only allocates itself land to do their SGR line. In our country, we have to pay for land. That accounts for the cost of constructing a railway line in both countries.. Having said that, is he in order to say it is the sons of the rich who concentrate on deals? The truth of the matter is that it is the politicians who solicit for deals. So, it is both sides. That is why I have always said when we talk about corruption let us not forget. For example, in Nairobi County who makes the deals? Is it the rich or the children of Gov. Kidero and the rest? So, when you are talking about 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

Mr. Temporary Speaker, Sir, in this country and you can bear me witness, if you look at this country all the wealthy men in the late President Kenyatta’s Government were public servants. They have generated wealth and hoarded it; I do not want to use strong words. Now it is their children who are in authority. Where are the children of the poor man in Laikipia or your uncle in Kakamega going to go? Do not defend the indefensible. People like Sen. Karaba will come here, sit, talk themselves horse, retire and go back home. The rich people are sitting in offices with their coats on the back of their chairs and cutting deals from morning to evening – “kakitu, ka-deal.” Public debt must be managed. You are not going to have public debt managed if you are going to borrow left, right and centre. Former President Mzee Mwai Kibaki had Vision 2030 that defined our development agenda. Do you hear anybody mentioning Vision 2030 anymore? We are just jumping from village to village launching roads, schools, toilets and virtually everything.

Mr. Temporary Speaker, Sir, on a point of order. Is the Senate Minority Leader in order to allege that the Jubilee Government has abandoned Vision 2030, knowing very well they have been complaining that we have been concentrating on projects which they started while serving in the Grand Coalition Government? In fact, the Jubilee Government is focused and committed to Vision 2030. Are you in order to tell Kenyans that what we are doing are not your projects but other things?

We did not launch toilets, roads to people’s homes and 30 year old ferries which is a devolved function. We did not do the crazy things we are seeing being done. Mzee Kibaki acted decently and statesmanly.

Order, Sen. Wetangula! As usual, you have 30 minutes. You are left with 13 minutes. So, if you want to continue ---

And the interruptions?

If you want to continue, tomorrow you will be given an extra 13 minutes.

Hon. Senators, it is now 6:30 p.m., time to interrupt the business of the House. The Senate stands adjourned until tomorrow, Wednesday 29th March, 2017, at 2.30 p.m. The Senate rose at 6:30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate