(Sen. (Dr.) Machage): Members of the Senate, I hope you realize that we have a Supplementary Order Paper. If you have not received a copy, please get one. This will ensure you are in tandem with the programme of the House. Let us move on to the next Order.

(Sen. (Dr.) Machage): Sen. Sijeny, do I have a copy of the same?

Sen. Sijeny, proceed. REPORT ON PETITION: DELIVERY OF SERVICES BY NATIONAL GOVERNMENT TO RESIDENTS OF KAJIADO NORTH SUB COUNTY

Mr. Temporary Speaker, Sir, I beg to lay the following Report on the Table of the Senate, today, Thursday, 15th June, 2017: Report on a Petition by residents of Kajiado North sub-County in Kajiado County concerning delivery of services by the national Government to the residents of sub- County.

(Sen. (Dr.) Machage): Very well. We move on to the next Order.

(Sen. (Dr.) Machage): We have several Papers to be laid today on the Table of the House. Where is the Senate Majority Leader? Sen. Billow, proceed. REPORT OF THE MEDIATION COMMITTEE ON THE DIVISION OF REVENUE (NO.2) BILL, 2017

Mr. Temporary Speaker, Sir, I beg to lay the following Report on the Table of the Senate, today, Thursday, 15th June, 2017: Report of the Mediation Committee on the Division of Revenue (No.2) (National Assembly Bill No.22 of 2017).

(Sen. (Dr.) Machage): Next Paper. REPORT OF THE ROADS COMMITTEE ON BENCHMARKING VISIT TO THE UNITED KINGDOM

Mr. Temporary Speaker, Sir, I beg to lay the following Report on the Table of the Senate, today, Thursday, 15th June, 2017: Report on a benchmarking visit to the United Kingdom (UK), England and Scotland by the Standing Committee on Roads and Transportation on 4th to 12th March, 2017.

(Sen. (Dr.) Machage): Very well. Sen. (Dr.) Zani. REPORT ON THE LEVEL OF GENDER SENSITIVITY IN THE PARLIAMENT OF KENYA

Mr. Temporary Speaker, Sir. I beg to lay the following Report on the Table of the Senate, today, Thursday, 15th June, 2017:

Mr. Temporary Speaker, Sir. I beg to lay the following Report on the Table of the Senate, today, Thursday, 15th June, 2017: Report of the Joint Parliamentary Select Committee on the Election of Members to the East African Legislative Assembly (EALA).

(Sen. (Dr.) Machage): There is one more juicy Paper regarding a Statement relating to responsibility of the Senate Majority Leader in the Senate. That would be very interesting. Where is the Senate Majority Leader?

I have been informed that it will come as a Statement. We move on to the next Order.

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion:- THAT, the Senate adopts the Report of the Joint Parliamentary Select Committee on the Election of Members to the East African Legislative Assembly (EALA) laid on the Table of the House on Thursday 15th June, 2017. ADOPTION OF REPORT OF THE MEDIATION COMMITTEE ON THE DIVISION OF REVENUE (NO.2) BILL, 2017

Mr. Temporary Speaker, Sir, I beg to give notice of the following Motion: THAT, the Senate adopts the Report of the Mediation Committee on the Division of Revenue (No.2) Bill (National Assembly Bill No.22 of

(Sen. (Dr.) Machage): Very well. Is there any other notice? Let us move on to the next Order. Where is the Senate Majority Leader? Today is the last day of the Session of this House. I expect the Leadership of the House to be in the House.

He went to campaign!

(Sen. (Dr.) Machage): Order! Sen. Bule, what do you want to inform the House?

On a point of order, Mr. Temporary Speaker, Sir. This is the time that those who fear to lose elections campaign seriously. I guess the Senate Majority Leader fears to lose the elections and that is why he is busy campaigning. He has forgotten that he is supposed to be here today.

(Sen. (Dr.) Machage): Order! I did not know that you are a psychologist. Next Order!

Order No. 7; Statements.

(Sen. (Dr.) Machage): On this Order, is there any Statement? The House is still in session. Those who need to request for Statements will still be in order to do so because answers can be given immediately. I see no interest and so we move to the next Order.

(Sen. (Dr.) Machage): Sen. Ndiema, are you executing the Motion on EALA as listed at Order No.9? I believe that you are the one executing it.

Mr. Temporary Speaker, Sir, I am the one who moved the Notice of Motion.

(Sen. (Dr.) Machage): Therefore, it is your time to execute the Motion. The practice of this House is that if you want to move a Motion, it is always honourable to use the Dispatch Box. Please proceed. ADOPTION OF THE REPORT OF THE JPS COMMITTEE ON THE ELECTION OF MEMBERS TO EALA

Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, the Senate adopts the Report of the Joint Parliamentary Select Committee on the Election of Members to the EALA laid on the Table of the House on Thursday, 15th June, 2017. Mr. Temporary Speaker, Sir, as Members are aware, Parliament, both the Senate and the National Assembly, are required under the Treaty for the establishment of the East African Community (EAC), to elect Members to the EALA. This is a matter that has been protracted. In a way, we are behind other countries that have already submitted names to the Assembly. There has been some contention between the parties concerned. The Jubilee Coalition was allocated five positions and the Coalition for Reforms and Democracy (CORD) was allocated four positions. Under the rules that were established by the Select Committee and approved by this House, the individual parties were supposed to submit names not exceeding three times the number allocated. The Jubilee Coalition submitted 15 names which complied with the requirement. The CORD also submitted four names, exactly equal to the number of positions allocated. This became an issue of debate in that, how then do you carry out an election when you have an exact number? The rules that were approved by this House did not specify the minimum number, hence the CORD chose to go by the minimum. Mr. Temporary Speaker, Sir, arising from precedent rulings of the court in the previous election, it was determined by the courts that you cannot have an election if Members are not given the opportunity to elect. Therefore, this Committee submitted a Report to this House. The Report was approved, recommending that the CORD further submits a number of names. By the way, the initial number was four and then another was added to make it five. However, the Committee felt that the CORD submits additional seven names to make it 12. That meant three names for each position allotted. Both Houses approved and communication was given to the two sides. The CORD went ahead and re-submitted the four names. This meant that we came back to the same position. The Committee sat to deliberate on the matter and it was realised that what needed to be done was to amend the rules to conform to the court ruling and principles of election that this House can only elect if there is a choice of nominees to be voted for. Therefore, this Motion seeks that the House adopts this Report to allow a further process, whereby, the rules are appropriately amended.

(Sen. (Dr.) Machage): Say you beg to move and call upon your Seconder.

Mr. Temporary Speaker, Sir, I beg to move and call upon Sen. Kisasa to second.

Mr. Temporary Speaker, Sir, I second.

Mr. Temporary Speaker, Sir, thank you for allowing me to contribute to the Motion before us this afternoon as we are probably likely to head home in the next few hours. When this Report first came to the House, I remember contributing to it and very explicitly saying that we could not rubberstamp it as Members of this House. We need to have a choice as we are holding back member countries of the East African Community (EAC) from moving forward. By now, we should have submitted our lists and the push and pull that we see should not have arisen. I am glad that the Joint Committee further met and amended the rules to indicate that the CORD, just like the other side will be doing, nominates additional names for adoption. This is for purpose of justice and fair play for anyone who may be interested in securing the slots to the EALA. Kenya is not a number two, three or four in the EAC. Kenya is a first in a number of areas. Whether it is in the technical field or the Legislative Assemblies, Kenya is a country to reckon with. We cannot hold at ransom any group of membership who would have moved forward. I have had an opportunity to look at the number of legislations that were passed by the EALA that existed until 4th June, 2017. They have done a commendable job. All those who served us in that Assembly have done an extremely good job. We would have moved forward doing other things. The Senate in particular should not be blamed for delaying this. I call upon the leadership, even from my side, to take it upon themselves. We cannot talk about justice on one side and fail to do justice ourselves. I support the position of the Joint Committee as proposed by the Senator of Trans Nzoia County and I fully agree with those amendments.

Mr. Temporary Speaker, Sir, I support that we adopt this Report. I am aware that there has been a “to and fro” about the process of selecting EALA Members. We have also been informed that we are time barred. The Mover has made very clear indications that there is a rule that has not been stipulated clearly and that is, the number.

(Sen. (Dr.) Machage): Order, Members. I request that Members stay in the House so that we can create some quorum. We have a lot of business to pass today. I seek your indulgence that, please, let us keep the quorum in an increasing and not reducing mode.

Mr. Temporary Speaker, Sir, as the Mover said, there is a lacuna in the law because the minimum number has not been stated. The Committee recommended that the rules need to be amended so that the specific numbers can be indicated and be part of the rules. I have also gone through the rules of EALA and they are very elaborate. However, on this specific one, there is no clarity about the minimum number that needs

Put the question, Mr. Temporary Speaker, Sir.

(Sen. (Dr.) Machage): Members, I cannot just put the question unless proper procedure is followed to request for the same. If you want that to be heard by the Chair, then stand on a point of order. We have discussed this earlier. I would have expected that we have fewer interests. We have a lot of business to cover. My hands are tied again if many Members show interest in covering it. I cannot gag you. Sen. Sang, you said: “put the question.” Please move this properly.

Mr. Temporary Speaker, Sir, considering that we have quite some bit of work to cover today, and being fairly our last day in the House, would I be in order to request my colleagues who have requested to speak on this particular Motion – knowing very well that this is a Motion that we have spoken to – to withdraw so that we can move to the other business of the House?

(Sen. (Dr.) Machage): As far as the Chair is concerned, you have not yet put the appropriate question. Could you put it?

Mr. Temporary Speaker, Sir, I beg to request that the Mover be now called to reply.

(Sen. (Dr.) Machage): Mover, proceed.

Mr. Temporary Speaker, Sir, I thank Members who have contributed to this Report. It is a straight forward matter that we have deliberated on before. I believe that with the adoption of this Report, we will be able to move forward in an appropriate manner; fast enough to enable Members to be elected to the EALA.

(Sen. (Dr.) Machage)

Thank you, Mr. Temporary Speaker, Sir. I beg to move the following Motion:- THAT, the Senate adopts the Report of the Mediation Committee on the Division of Revenue (No. 2) Bill (National Assembly Bill No. 22 of 2017) laid on the Table of the Senate on Thursday, 15th June 2017 and pursuant to Article 113 of the Constitution and Standing Order 155(3) of the Senate Standing Orders, approves the mediated version of the Bill. The House will recall that the Bill was published and it was rejected yesterday by this House. It was rejected because the amount of money that had been provided for to cater for the equitable share of revenue was not acceptable to the Senate. The Mediation Committee was set up yester and it did have a meeting. We are happy to report that we have looked at the proposals between the two Houses. We have agreed and recommended that the county equitable share be enhanced from Kshs291 billion to Kshs302 billion in the Financial Year 2017/2018. This is an increase of Kshs11 billion of the amount that was in the published Bill. We, as Members of the Mediation Committee, feel it is a significant increase. Therefore, we want to urge the House to approve this mediated version of the Bill. Hon. Members will also note that the actual amount for the conditional grants in this Bill is also significantly higher than what had been initially provided. The total amount of money that will go to the counties is Kshs345.6 billion when you add the conditional allocations and the equitable share. The equitable share now is 32.2 per cent of the total revenue. I want to urge the Members to approve this mediated version so that we can also proceed with the process of dealing with the County Allocation of Revenue Bill and conclude this process today. I beg to move.

(Sen. (Dr.) Machage): Hon. Members, I pray that none of you leaves here before we have transacted this very important business. We are missing only two Senators to be able to pass this important Motion. I request the Whips and the leadership of the House to make sure that the Senate does not fail in its last day of executing its duties. I seek for indulgence that none of us leaves the House.

Mr. Temporary Speaker, Sir, I ask Sen. Zani to second.

(Sen. (Dr.) Machage): Yes, Sen. Zani.

Thank you, Mr. Temporary Speaker, Sir. I stand to second that the Senate adopts the mediation Report and the amended Bill that brings together the agreed negotiations by both the National Assembly and the Senate. We had two meetings. One meeting was held yesterday and the final one today.

(Sen. (Dr.) Machage): Order, Sen. Sang! The “substantive Governor”, go back to the bar and bow.

Continue, Sen. (Dr.) Zani.

Thank you, Mr. Temporary Speaker, Sir. We have been able to increase money going to the counties. Our starting point was Kshs299 billion which has been allocated before and an additional of about Kshs5 billion. That gave us about Kshs303 billion. We were then able to negotiate it to Kshs302 billion. This is very important because it allows us to move on and pass as a Bill that is acceptable by both the Senate and the National Assembly. I second.

Mr. Temporary Speaker, Sir, I would really like to thank the Mediation Committee for saving us from a disaster. If we had gone away S ine Die without passing this Division of Revenue Bill, it would have really put the people of Kenya in a terrible mess. I want to thank my Chairman, Sen. Billow Kerrow and those who were in that Committee for the good work they have done. Having said that, let me just add something. We, in the Finance, Commerce and Budget Committee had proposed a much higher figure which we did think was really adequate. However, that is the highest we could go under the circumstances. We showed the nation that this Senate really takes the needs of the counties very seriously. I still do not think the amount of money going to the counties is adequate, seeing the amount of money remaining in the national Government and essentially being wasted in a consumptive bureaucracy. I would like to call upon the Twelfth Parliament, when making the Budget, particularly in the National Assembly, to look very carefully at the division of functions in the Fourth Schedule and find out why the functions in the counties, which are related directly to service delivery, are under-budgeted. Agriculture is a major function. If I remember well, the national Government used to pride itself for putting a lot of money in agriculture. That pride should now go to the counties. It is sad that the agricultural sector which is the basis of this economy is progressively under-funded by the national Government. There is no nation on earth that I know of that does not put money in agriculture. The notion that as we become more

(Sen. (Dr.) Machage): Order! I realise that we have the numbers and I may not be very keen at taking a lot of risks. If it would be the indulgence

On a point of order, Mr. Temporary Speaker, Sir. May I interrupt myself and sit down, while we go to more important business. I will resume later when the Speaker so wishes. I beg to move.

(Sen. (Dr.) Machage): I may not buy that mode of requesting for the Point of Order. Can you use your intellect and professorship to execute that point of order in the most appropriate manner that this House will accept? Assume that you are not the one on the Floor.

On a point of order, Mr. Temporary Speaker, Sir. I beg to move that the House interrupts its business and goes to the next Order of voting on those Bills that were at the Division stage, so that we can take advantage of the numbers in the House. I beg to move.

(Sen. (Dr.) Machage): Maybe you should have said: “Would I be in order?”

Mr. Temporary Speaker, Sir, would I be in order to move what I have just moved?

(Sen. (Dr.) Machage): I allowed Sen. (Prof.) Anyang’- Nyong’o to say that because I wanted some lesson learnt. Once you have spoken, you cannot gag others from speaking. So, it is inappropriate for you make that point of order. Can I have it done properly by somebody who has not spoken? Sen. Khaniri.

(Sen. (Dr.) Machage): Order! The interesting situation is that this Motion is one of the Motions to be voted on. What Sen. Khaniri is saying could hold water if we were moving to another Motion.

On a point of order, Mr. Temporary Speaker, Sir. I beg to move that the Mover be now called upon to reply.

(Sen. (Dr.) Machage): Very well. I will, therefore, put the Question: THAT, that the Senate adopts the Report of the Mediation Committee on the Division of Revenue (No. 2) Bill (National Assembly Bill No. 22 of 2017) laid on the Table of the Senate on Thursday, 15th June, 2017 and pursuant to Article 113 of the Constitution and Standing order 155 (3) of the Senate Standing Orders, approves the mediated version of the Bill. Ring the Division Bell for one minute.

(Sen. (Dr.) Machage): Another two minutes of the Division Bell.

Order, Members! Assume your seats so that we can take count. Order, Members! Close the Door and draw the Bars.

You should now be ready to vote. Voting has commenced.

Hon Senators, the results of the Division are as follows:

Members, these are interesting times and they cannot get more interesting than today, being the last day of business. With your indulgence, the doors will remain closed and the bars drawn until we conclude all the divisions. Let us move on to Order No.11. I will now put the question so that we proceed to vote. This is a matter affecting counties. You could just proceed faster since this is an electronic vote. We can reduce the time for the subsequent divisions depending on your performance and you will earn yourself a bit of freedom.

Hon Senators, the results of the Division are as follows:

On a point of order, Mr. Speaker, Sir. I beg your indulgence that we hasten and simplify the voting process because some of us are fasting. Let us vote and then announce the results later.

Hon. Ethuro): I will indulge you; that we take the vote and announce the results at once, although the reason you have given does not apply within the period you will be here. You will break your fast after. Let us move to Order No.17.

Order, Members! Commence voting for 30 seconds.

Order, Members. The results of the Division on the vote that the County Pension Scheme Bill (Senate Bill 20 of 2016) be now read a Second Time are as follows:

0 The AYES have it.

Hon. Members, we will deal with Division for Orders No. 14, 15, 16, 18, 19, 20, 21 and 22.

Hon. Senators, we are now in the Committee of the Whole.

You have 30 seconds to vote. Votes will be reported at the same time at the end of voting on all. Assisted voters should prepare to approach the Table. We will now go to Order No.15. THE COUNTY EARLY CHILDHOOD EDUCATION BILL (SENATE BILL NO.32 OF 2014)

Hon. Members, you may now commence voting.

Order Members. Let us move to Order No. 16. THE PARLIAMENTARY POWERS AND PRIVILEGES BILL (NATIONAL ASSEMBLY BILL NO. 35 OF 2014)

Division will be at the end.

Sen. Wako.

Mr. Deputy Chairman, Sir, I want to drop my amendment to this clause.

Division will be at the end.

Hon. Members, you may vote.

Hon. Members, the results will be announced at the end. Let us move to Order No. 18. THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO. 10 OF 2015)

Order, Members! Let us move to Order No.21. THE NATIONAL CEREALS AND PRODUCE BOARD (AMENDMENT) BILL (SENATE BILL NO.15 OF 2015)

Order, Members. We will now move to Order No.22. THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO.2 OF 2016)

Order, Members. We still have one more. We voted on Order No.17 and I directed that it should be part of the Committee of the Whole. It will be the last one before we go to the County Allocation of Revenue Bill. THE COUNTY PENSION SCHEME BILL (SENATE BILL NO.20 OF 2016)

Order, Members! You may now vote.

Order, Members! Between us and plenary are assisted voters.

Order, Members! This is now the juicer part; to announce the results of the votes.

Sen. Abdirahman, Wajir County; Sen. Adan, Isiolo County; Sen. (Prof.) Anyang’-Nyong’o, Kisumu County; Sen. Billow, Mandera County; Sen. Bule, Tana River County; Sen. Elachi, Nairobi County; Sen. Haji, Garissa County; Sen. Hargura, Marsabit County; Sen. Kagwe, Nyeri County; Sen. M. Kajwang, Homa Bay County; Sen. Kanainza, Kakamega County; Sen. Karaba, Kirinyaga County; Sen. Khaniri, Vihiga County; Sen. (Prof.) Kindiki, Tharaka-Nithi; Sen. Kisasa, Kilifi County; Sen. (Prof.) Lesan, Bomet County; Sen. (Dr.) Machage, Migori County; Sen. Mbura, Mombasa County; Sen. Melly, Uasin Gishu County; Sen. (Eng.) Muriuki, Nyandarua County; Sen. Mwakulegwa, Taita Taveta County; Sen. Ndiema, Trans Nzoia County; Sen. Obure, Kisii County; Sen. Sang, Nandi County; Sen. Wako, Busia County and Sen. (Dr.) Zani, Kwale County.

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

What is it Sen. Khaniri?

Mr. Speaker, Sir, Order No. 19 is not about the Persons with Disabilities (Amendment) Bill (Senate Bills No. 13 of 2015), it is about the Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bills No. 8 of 2015).

Order, Sen. Khaniri! Are you looking at the first Order Paper or the Supplementary Order Paper?

Mr. Speaker, Sir, I am looking at the Supplementary Order Paper.

There is the first Order Paper and the second one. I am reading the second one which included the County Pension Scheme Bill (Senate Bill No. 20 of 2016). Therefore, on the second supplementary Order Paper it is Order No.19 and on the one to your right is still Order No. 19. Which is which? They should not affect the early Orders.

Sen. Khaniri, you are right. In the first Supplementary Order, Persons with Disabilities (Amendment) Bill (Senate Bills No. 13 of 2015) is Order No. 20. Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bills No. 8 of 2015) is Order No. 19. That is the one we are using up to the next point.

We repeat the results of the first vote on that particular Order, Persons with Disabilities (Amendment) Bill (Senate Bills No. 13 of 2015).

(Hon. Ethuro

(Hon. Ethuro

Hon. Members, we have just concluded voting on the National Cereals and Produce Board (Amendment) Bill (Senate Bill No.15 of 2015). There were two votes and I will proceed to give the results.

The results of the Division are as follows:-

The results of the Division are as follows:-

Hon. Members, you should applaud your work.

I will announce the results of the Committee of the Whole on the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016). THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO. 2 OF 2016)

The results of the Division are as follows:-

Hon. Members, for the benefit of Sen. Khaniri, we used Supplementary Order Paper No.1 which was Order No.19 on the Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015). Let me just do the final results. There were three Divisions but I will announce the last one for purposes of clarity since we believe we have announced the previous ones. THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILL NO.8 OF 2015)

The results of the Division are as follows:-

Hon. Members, please now refer to the Supplementary Order Paper No.2. You remember that once we passed Order No.17, it had to go to Committee of the Whole. So, Supplementary Order No.2 was only adding one. We felt we did not need to waste a lot of paper on that one. I directed so. We will make it Order No.29, the Committee of the Whole. We have voted on it already. On one division, there were no amendments. THE COUNTY PENSIONS SCHEME BILL (SENATE BILL NO.20 OF 2016 )

The results of the Division are as follows:-

Order, Members. We will now move on to the reporting stage of this process. We are about to conclude. I have asked Sen. Sang to move all of them. Proceed, Sen. Sang.

Mr. Deputy Chairperson, Sir, pursuant to Standing Order No.139 I beg to move that the Committee of the Whole do report progress on its consideration of the National Assembly amendment to Clause 48 of the County Assembly Services Bill (Senate Bill No.27) of 2014 and seek leave to sit again tomorrow.

Order, Members. These are interesting times and mistakes are bound to be made. They will be rectified in the shortest time possible. Sen. Sang, you may now proceed with the correct version on Order No.14

Mr. Deputy Chairperson, Sir, I beg to move that the Committee of the Whole reports its consideration of the National Assembly amendments to Clause 48 of the County Assembly Services Bill (Senate Bill No 27 of 2014) and its approval thereof.

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of the National Assembly amendments to The County Early Childhood Education Bill (Senate Bill No.32 of 2014) and its approval thereof.

Let us move on to the next Bill. THE PARLIAMENTARY POWERS AND PRIVILEGES BILL (NATIONAL ASSEMBLY BILL NO.35) OF 2014)

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of the Parliamentary Powers and Privileges Bill (National Assembly Bill No.35 of 2014) and its approval thereof without amendments.

Let us move on to the next Bill. THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO.10 OF 2015)

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of the County Statutory Instruments Bill (Senate Bill No. 10 of 2015) and its approval thereof with amendments.

Let us move on to the next Bill. THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILLS NO.8 OF 2015)

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of the Preservation of Human Dignity and Enforcement of Economic and social Rights Bill (Senate Bills No.8 of 2015) and its approval thereof with amendments.

Next Bill! THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE BILL NO.12 OF 2015)

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the Senate its considerations of the Persons With Disabilities Amendment Bill (Senate Bills No. 12 of 2015) and its approval thereof with amendments.

Next Bill.

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its considerations of the National Cereals and Produce Board Amendment Bill (Senate Bill No.15 of 2015) and its approval thereof with amendments.

Let us move on to the next Bill. THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO.2 OF 2016)

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the Senate its considerations of the Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016) and its approval thereof without amendment.

Let us move on to the next Bill. THE COUNTY PENSION SCHEME BILL (SENATE BILL NO. 20) OF 2016

Mr. Deputy Chairman, Sir, I beg to move that the Committee do report to the House its consideration of The County Pension Scheme Bill (Senate Bill No. 20 of 2016) and its approval thereof without amendment.

Order, Members! Let us proceed.

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

Order! Those are not the results I announced at the Committee stage.

Mr. Speaker, Sir, I withdraw what I had said. Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Assembly amendments to The County Assembly Services Bill (Senate Bill No. 27 of 2014) and its approval thereof without amendments.

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

seconded.

The division will be at the end. Next! THE COUNTY EARLY CHILDHOOD EDUCATION BILL (SENATE BILL NO. 32 OF 2014)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the National Assembly amendments to The County Early Childhood Education Bill (Senate Bill No. 32 of 2014) and its approval thereof without amendments.

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

seconded.

Next Bill.

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Parliamentary Powers and Privileges Bill (National Assembly Bill No.35 of 2014) and its approval thereof without amendments.

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

seconded.

Mr. Speaker, Sir, I beg to move that the Parliamentary Powers and Privileges Bill be now read a Third Time.

seconded .

Division will be at the end. Next Bill . THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO.10 OF 2015)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The County Statutory Instruments Bill (Senate Bill No.10 of 2015) and its approval thereof with amendments.

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

seconded.

Mr. Speaker, Sir, I beg to move that the County Statutory Instruments Bill be now read a Third Time.

seconded.

Hon. Members, we are supposed to go to Division including for other Bills we had done earlier but we will do that after the final exercise. Next! THE PRESERVATION OF HUMAN DIGNITY AND ENFORCEMENT OF ECONOMIC AND SOCIAL RIGHTS BILL (SENATE BILL NO.8 OF 2015)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015) and its approval thereof with amendments.

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

seconded.

Mr. Speaker, Sir, I beg to move that The Preservation of Human Dignity and Enforcement of Economic and Social Rights Bill (Senate Bill No.8 of 2015) be now read a Third Time.

seconded.

Division will be later. Next! THE PERSONS WITH DISABILITIES (AMENDMENT) BILL (SENATE BILL NO.13 OF 2015)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The Persons with Disabilities (Amendment) Bill (Senate Bill No.13 of 2015) and its approval thereof with amendments.

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

seconded.

Mr. Speaker, Sir, I beg to move that The Persons with Disabilities (Amendment) Bill (Senate Bill No.13 of 2015) be now read a Third Time.

seconded.

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered The National Cereals and Produce Board (Amendment) Bill (Senate Bill No.15 of 2015) and its approval thereof with amendments.

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

seconded.

Mr. Speaker, Sir, I beg to move that the National Cereals and Produce Board (amendment) Bill (Senate Bill no.15 of 2015) be now read a Third Time. I request Sen. George Khaniri to second.

econded.

Sen. George Khaniri, bowing will be enough to second.

Division will be at the end. THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO. 2 OF 2016)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the Medical Practitioners and Dentists (amendment) Bill (Senate Bill No. 2 of 2016) and its approval thereof without amendments.

Mover.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request Sen. George Khaniri to second.

seconded.

Mover.

Mr. Speaker, Sir, I beg to move that the Medical Practitioners and Dentists (amendment) Bill (Senate Bill No. 2 of 2016) be now read a Third Time. I request Sen. George Khaniri to second.

seconded.

Division will be at the end. THE COUNTY PENSION SCHEME BILL (SENATE BILL NO. 20 OF 2016)

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Pension Scheme Cill (Senate Bill No.20 of 2016) and its approval thereof without amendments.

Mover.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. George Khaniri to second.

seconded.

Mover.

Mr. Speaker, Sir, I beg to move that the County Pension Scheme Bill (Senate Bill No. 20 of 2016 be now read a Third Time. I request Sen. George Khaniri to second.

seconded.

Division will be at the end.

The Temporary Chairperson (Sen. (Dr.) Machage), you have not reported to the House, the County Early Childhood Education Bill.

Mr. Speaker, Sir, I beg to report that the Committee of the Whole has considered the County Early Childhood Education Bill (Senate Bill No. 32 of 2014) and its approval thereof without amendments.

Mover.

Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said report. I request Sen. George Khaniri to second.

seconded.

Hon. Members, we now move to order No. 12. Clerks-at-the-Table, read out that Order of business.

Let us have the mover of the Bill.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I beg to move:- THAT, the County Allocation of Revenue Bill (Senate Bill No. 2 of 2017) be read a Second Time. Mr. Speaker, Sir, I want to take this opportunity to thank those who helped us reach this stage, especially our Members of the Mediation Committee between the two Houses. They helped us finish with the Division of Revenue Bill and as such, we will be able to pass the County Allocation of Revenue Bill. I know we are time constrained, we will have an opportunity to ventilate on this Bill during the Adjournment Motion. I want to kindly urge Members to allow us pass this Bill through all the stages. For those of us who may wish to stay on, we are willing to extend the debate time so that Members can have time to discuss anything including issues concerning the County Allocation of Revenue Act (CARA). With those few remarks, I request the Deputy Leader of Minority Party, Sen. Abdirahman Hassan, the Senator of Wajir County to second the Bill.

Sen. Hassan.

Thank you, Mr. Speaker, Sir. I stand to second this Bill. Like my brother, I will be brief. I believe this is an important Bill to all of us. It is in the interest of our counties and nation that we pass it. In conclusion, we are privileged to witness and action the passage of this Bill this evening as representatives of the people from our counties. Thank you, I second.

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, we are on Order No.13, Committee of the Whole on the County Allocation of Revenue Bill (Senate Bill No.2 of 2017)

Division will be at the end.

(Sen. (Prof.) Kindiki): Mr. Deputy Chairperson, Sir, I beg to move:- THAT, the Bill be amended by deleting the First Schedule and substituting therefor the following new schedule:-

Division will be at the end.

Division will be at the end.

Division will be at the end. Order, hon. Senators! Prepare to vote. The first Division is on Clauses with amendments. You have 20 seconds to vote.

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

(Sen. (Prof.) Kindiki): Mr. Deputy Chairperson, Sir, I beg to move that the Committee report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bill No.2 of 2017) and its approval thereof with amendments. I request Sen. Abdirahman Hassan to second.

Order, there is no secondment there. I will therefore put the question.

Mr. Speaker, Sir, I beg to report that a Committee of the Whole has considered The County Allocation of Revenue Bill (Senate Bill No. 2 of 2017) and approved the same with amendments.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move that the House do agree with the Committee in the said Report. I request Sen. Abdirahman to second.

seconded

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir I beg to move that The County Allocation of Revenue Bill (Senate Bill No.2 of 2017) be now read the Third Time. I request Sen. Abdirahman to second.

seconded

Division on this will come later.

Members, we will at this point take the Divisions for the Third Reading of Bills. We will follow the Order Paper. The results will be announced after all the votes have been taken. That should make it simpler for all of us. As a final reminder, the doors shall remain closed and the bars drawn. We are starting with Order No.13; the County Allocation of Revenue Bill (Senate Bill No.2 of 2017). Members start voting starting now. You have 30 seconds to do so. We will be reviewing depending on your performance; the faster the better for everybody. Create a centre for assisted voters at the Table. THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL NO. 2 OF 2017)

Members, the vote has been concluded. Let us move on to Order No.16; the Parliamentary Powers and privileges Bill (National Assembly Bill No.34 of 2014). Commence voting. THE PARLIAMENTARY POWERS AND PRIVILEGES BILL (NATIONAL ASSEMBLY BILL NO.35 OF 2014)

Members, as soon as the voting ends, we will move on to the next Bill. THE COUNTY STATUTORY INSTRUMENTS BILL (SENATE BILL NO. 10 OF 2015) Members, voting is in progress for The County Statutory Instruments Bill (Senate Bill No. 10 of 2015).

Order, Members! We are now on Order No.20, The Persons with Disabilities (Amendment) Bill (Senate Bills No.13 of 2015), Third Reading. You may start voting.

THE NATIONAL CEREALS AND PRODUCE BOARD (AMENDMENT) BILL (SENATE BILL NO.15 OF 2015) Let us move to Order No.21, The National Cereals and Produce Board (Amendment) Bill (Senate Bill No.15 of 2015), Third Reading. Start voting.

THE MEDICAL PRACTITIONERS AND DENTISTS (AMENDMENT) BILL (SENATE BILL NO.2 OF 2016 The next one is The Medical Practitioners and Dentists (Amendment) Bill (Senate Bill No.2 of 2016, Third Reading. Start voting.

(Sen. (Prof.) Kindiki): On a point of order, Mr. Speaker, Sir. I seek your indulgence to move a short Procedural Motion. I beg to move that pursuant to Standing Order 30 (3)(a), the Senate resolves to extends its Sitting today, Thursday, 15th June, 2017 until the conclusion of the business appearing on the Order Paper. We are doing very well with the voting and are about to finish. However, given the need to have elasticity of time for the Adjournment Motion to air some of the things, including the business we have passed, I request that we give that flexibility even as we conclude the voting. Mr. Speaker, Sir, with those few remarks, I beg to move and request the Senate Deputy Minority Leader to second.

Mr. Speaker, Sir, I second.

Order, Members! I wish to report on the results of the Divisions, starting with the County Allocation of Revenue Bill (Senate Bill No.2 of 2017) THE COUNTY ALLOCATION OF REVENUE BILL (SENATE BILL NO.2 OF 2017)

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

(Hon. Ethuro

Order, Members! I will allow the Senate Majority Leader to give a statement which will be a basis for the Motion.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I wish to very briefly give a statement in accordance with Standing Order No.45(2)(d). Hon. Senators, pursuant to the provisions of Standing Order 45(2)(d), this is to present to the House the following Statement regarding my responsibilities in the Senate and especially to highlight some of the achievements and challenges of the Senate during this term of Parliament. First, allow me to acknowledge the Speaker and the Deputy Speaker for their exemplary role in chairing this House with the support of the Members of the Speaker’s Panel. I also pay tribute to the Senate Minority Leader; Sen. Wetangula, the Deputy Senate Minority Leader; Sen. Hassan Abdirahman, the Senate Majority Whip; Sen. Elachi, the Senate Minority Whip; Sen. Muthama, the Senate Deputy Majority Whip; Sen. Mbuvi, the Senate Deputy Minority Whip; Sen. Ong’era.

Order, Senator! I will allow you to proceed. In the meantime, you can open the door and draw the Bar. Senate Majority Leader, you can proceed.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir. I, therefore, pay tribute to all these leaders and all the Senators individually for their commitment in keeping afloat the reintroduced Senate and, in the process, kept the dream of devolution alive. Indeed, you have variously contributed to the functioning of the House and for that, you deserve commendation. I would also like to extend special appreciation to the Office of the Clerk of the Senate and the entire Parliamentary Service Commission whose professionalism and dedication facilitated the work of this House, many at times, under very difficult conditions. Hon. Senators, as this maybe the last opportunity to make this kind of Statement in my capacity as the Senate Majority Leader in the Eleventh Parliament, let me make several notes and observations on our mandate as the Senate of the Republic of Kenya. As you may recall, the First Sitting of the Senate took place on Tuesday, 28th March 2013, pursuant to Article 125(2) of the Constitution following the President’s notification

What is it Sen. Khaniri?

Mr. Speaker, Sir, it is important that in his communication, the Senate Majority Leader is giving statistics of the Bills that have been passed in this Eleventh Parliament. Mr. Speaker, Sir, you are aware that there are a number of Bills that we have just concluded today and he has not included them in his statistics. Therefore, the information that is going out there would be wrong information. It will be important that he updates his statistics so that the correct information goes out there. He is misleading the country.

Order, Senator! I suggest that since we are moving the Motion, those are the kind of things that you will highlight, after we have reconciled our accounts. What is it Sen. Bule?

Mr. Speaker, Sir, this is an August House which is very important. We need to get a sort of cocktail or get-together party of which—

Order, Sen. Bule! The Motion of an Adjournment is an opportunity for you to say all those things. Furthermore, if you are so passionate about the subject, you can always volunteer, just in case nobody else is doing so. The Senate Majority Leader, you may proceed.

(Sen. (Prof.) Kindiki): Thank you, Mr. Speaker, Sir, for your kind guidance and the intervention from my brother, the Senator for Vihiga County, Sen. Khaniri. Since most of my statements including the statistics would ordinarily come out in the Adjournment Motion, allow me to lay this statement on the table of the Senate and the statistics and the other details we can address them during the Adjournment Motion. I beg that I lay this Statement on the table of the Senate.

Hon. Senators, before I invite the Senate Majority Leader to move the Motion of Adjournment, allow me to make this Communication. Hon. Senators, today marks the last day of the ordinary sittings of the Senate, and indeed Parliament, during the current eleventh term. As the Waswahili say, “ Kilicho namwanzo, hakikosi mwisho”. As we assemble here this afternoon, it is important to visualize where we have come from, on the role and mandate of the Senate, our experience over the last four and a half years, our achievements and challenges, as well as what we envision the next and indeed future Senate to be. Indeed, it has been encouraging; even those of you who have decided not to come back to the House should be our ambassadors out there. Hon. Senators, you will recall that the first Senate existed in the immediate post- Independence period from 1963 until 1966, when the Provincial Assemblies were scrapped and the Senate itself got dissolved or rather merged with the House of Representatives to form one Kenya National Assembly. The Members of the Senate then were combined with those of the other House to form a unicameral legislature. In the long journey that followed towards constitutional reforms, devolution of power and resources became a critical component as a means to address marginalization and promote equitable growth and development in all parts and regions of the Republic. This was realized with the enactment of the new Constitution of Kenya in 2010, which established the 47 counties that you represent in this august House. The new Constitution reinstated the Senate as the primary institution charged with protecting and advancing the interests of counties and their governments, and, indeed, ensuring that the devolution experiment succeeds. Indeed, I could not be any happier than this week when the Senate stood ground for the umpteenth time on the quantum for the Division of Revenue Bill.

This is a mandate I can affirm with confidence that the Senate has discharged to the best of its ability, and to the extent allowed under the Constitution. In the last four and a half

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I beg to move that the Senate do now adjourn. Mr. Speaker, Sir, as you have concluded in your last Statement, today is a great day in the history of our country and this House. Today is the last day for the official sittings.

Hon. Ethuro): Order, Senator! I do not wish to interrupt you, but we have procedures. You need to move the Motion.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I have moved the Motion.

Hon. Ethuro): As long as the Speaker has not heard, you have not moved.

(Sen. (Prof.) Kindiki): Mr. Speaker, Sir, I can repeat again. I beg to move:- THAT, pursuant to Standing Order No. 28 (3) the Senate do adjourn sine die. This is an important day in the history of our country and this institution. I do not wish to take a lot of time because I know that my colleagues here have done a great job this afternoon and they would want to make some comments, considering that some of our colleagues are sitting here today for the last time. A number of colleagues are running for other offices, as you have said, while others do not wish to contest, for example, the Senator for Narok, the Senator for Mandera, the Senator for Wajir, the Senator for Nyeri and the Senator for Nyandarua. For that reason, I would want them to have more time. Mr. Speaker, Sir, allow me to highlight a few things. First and foremost, I just want to appreciate the wonderful work we have done together, and I say it deliberately. On one hand, we know that there are two sides in this House; the minority and the majority sides. However, on the other hand, we do appreciate that when the interest of the country has demanded, we put our differences aside and acted as a House of the Parliament of the Republic. For the record, allow me to reiterate my appreciation of the leadership of both sides of the House. It has been great to serve my Party as the Leader of Majority. I am grateful to His Excellency President Uhuru Kenyatta, the Deputy President, William Ruto and the Senators from the Jubilee side, without whose support I would not have been a Majority Leader. I am indebted to my party and will forever appreciate the privilege they accorded me. Equally, I want to appreciate the Minority leadership and colleagues in the Minority side. As I said, of course, we had our differences which are normal because politics is competitive and about differences in ideologies. However, in some instances

Mr. Temporary Speaker, Sir, it is my pleasure and privilege to second this Motion.

(Sen. (Dr.) Machage): Order! This is a very special occasion. Could you move to the Dispatch Box and second the Motion?

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to second this important Motion which I am seconding with a lot of emotions because after you have been with colleagues for four and a half years, forged friendship and worked together, a time comes when you must say goodbye to each other as Senators and that is an emotional affair. When I stood for election as a Senator, I stood because the Senate as an institution was being constituted for the first time under our new Constitution. I felt that it was my duty to share my experiences and to ensure that the

(Sen. (Dr.) Machage): I would have expected the Senate Majority Leader to be patient and sit and listen to everything on the last day of the session. It is an honour to this House if you do that.

(Sen. (Dr.) Machage): Sen. Wako, you may continue.

Mr. Temporary Speaker, Sir, as the Senate Majority Leader said, I was proud at the very beginning of our term when we were faced with a great challenge which went to the root of our legislative power under the Constitution. Had that issue not been handled in the manner that it was, we would have forever remained a lame duck Senate to consider only the County Allocation of Revenue Bill for the rest of the year. I am glad we all united, irrespective of parties and our opinions, and we challenged that by going to court to seek an advisory opinion on the matter and the court made a landmark ruling which has given guidance to us in the conduct of our affairs. I am quite sure that it is as a result of that ruling that Bills began being referred to us from the National Assembly and we considered the same.

(Sen. (Dr.) Machage): Sen. Sang.

Mr. Temporary Speaker Sir; I stand to support this Motion. I thank the people of Nandi County for the opportunity they gave me to serve in this House. I congratulate and thank them sincerely because at the age of 28 years, they saw it fit to elect me in to this House; at a time when there was a misconception that this House was meant for the older politicians in this country. I am very happy for the opportunity that I have had to serve in this House. Mr. Temporary Speaker, Sir, I have worked with everybody in this House irrespective of their political affiliation. I have worked in various Committees with senior people in this country, notably the Chairperson of the Committee on Legal Affairs and Human Rights who was the Attorney General of this country when I was in Class Two. Having the opportunity to work under him as the Vice Chairperson of the Committee on Legal Affairs and Human Rights was such an honour. I have learnt a lot. He has mentored me.

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

On a point of order, Mr. Temporary Speaker, Sir. Would I be in order to ask Sen. Sang whether when he becomes governor, he will make the Senator the chairman of his Committee since that was his proposal?

(Sen. (Dr.) Machage): You are completely out of order! The elections will be held on 8th August, 2017. You are preempting his luck.

Mr. Temporary Speaker, Sir, I know that Sen. Kagwe wishes me well. I strongly believe in the rationale that leaders must work together. Therefore, with or without the law, if given the opportunity, I believe that the position of the Senator must be respected in counties. If the governor has to deliver, he has to work with the Senator, Women Representative, Members of the National and county assemblies. So, I still believe in the County Development Boards. However, I note with concern that five years down the line in this House, we still have institutions that do not seem to appreciate the role of the Senate. One would have imagined that the kind of problems that we have had with the National Assembly were teething problems, but you cannot have teething problems running five years down the line. It is unfortunate that on one of the Bills in this House; the Division of Revenue Bill, we got to a situation where we could not agree with the National Assembly. In fact, they went against the established procedure. I hope that the Members of the National Assembly who would come in the 12th Parliament will appreciate that the role of the Senate is critical as captured in the Constitution and provide goodwill for a mutual working relationship between the two Houses. Mr. Temporary Speaker, Sir, more importantly, for devolution to be felt at the grassroots, county governors must appreciate that the position given to them is not a position to lord it over their counties but to facilitate development at the grassroots. Therefore, it is key for governors to develop proper priorities for their counties and ensure that there is accountability in the management and use of public resources in the counties so that 10 years down the line, communities and residents in our counties appreciate devolution. I note that many counties have had tremendous development under county governments. They have felt the fruits of devolution while in others, other than the largesse and the grandiose around the governors and the county executive, nothing much has been seen in counties. For example, in my county for the last four months, all our health facilities have no essential medical supplies yet a month ago, one of the chief officers in my county was found with colossal sums of money under his bed. This kind of wanton destruction of public resources and abuse of office must come to an end. I hope that the new set of governors who will be elected in our 47 counties will learn from the mistakes of the first set of governors, and ensure that we

Mr. Temporary Speaker, Sir, I thank you for this opportunity. I also rise to support the Motion. First of all, I appreciate my party, ODM as well as my party leader, Hon. Raila Amollo Odinga and the next President of this Republic for giving me the opportunity to serve and represent the youth in this Republic in this Senate. This is a dream come true for a rural girl to sit in this Senate. We have many young people who are going for elective seats. I believe in the 12th Parliament, we shall have more young people coming to represent their counties and constituencies.

Order Sen. Kamainza, what did you just say that Sen. Sang said?

Mr. Temporary Speaker, Sir, Sen. Sang said that devolution must work. The best I know is that we need a good leader to be the President of this country, so that we can realise the dream of the Constitution in this country. As I conclude, Mr. Temporary Speaker, Sir, I wish my colleagues who are going for political positions all the best. For those of us who will be venturing into other things, I wish ourselves the best in our future. Thank you.

Sen. (Prof.) Peter Anyang’-Nyong’o.

Mr. Temporary Speaker, Sir, I beg to support this Motion. I beg to request your indulgence to speak from the Dispatch Box because this is the last time I am speaking in Parliament after being in Parliament for 25 years, which is a whole quarter of a century. Perhaps, I came into Parliament three years before you were born, knowing that you came here at 28 years, maybe eight years before you were born, to be exact. First, let me thank the people of Kisumu County who elected me to this Senate and the people of Kisumu Rural Constituency who elected me several times to represent them in the National Assembly. I am grateful for the support they have given me and for the encouragement they gave me to go back to Kisumu County and contest the seat of governor, so that we can realise the fruits of devolution. Under my party, the Orange Democratic Movement (ODM), which I served for 10 years as Secretary General, I would like to thank our party leader, Hon. Raila Amollo Odinga, for having led this party so solidly and for having brought us into the National Super Alliance (NASA) coalition, which obviously, as Sen. Kamainza has said, will definitely form the next Government. Having said that, I thank some of my colleagues with whom I have worked very closely in this Senate and particularly those colleagues with whom I have worked in three Committees of this Senate. One Committee I worked on for one year, is the Committee on Devolved Government. I will not mention--- I know that the Members there as Sen. Murkomen and others remember that Committee with fondness. However, I would like to thank Members of the County Public Accounts and Investment Committee, with whom I have worked with for the last four and a half years, first, under the chairmanship of Sen.

, (Sen. Sang): Sen. Melly.

Mr. Temporary Speaker, Sir, thank you for giving me this opportunity to share a few remarks as we come to the end of this Senate. This is one of the Houses that has had a number of challenges. When I try to see the far that we have come, it took the hand of God. I thank God and the people of Uasin Gishu County for giving me an opportunity to serve as their first Senator and to God, again, for his grace that we have life until this day. I want to thank Members who I cannot mention with whom we worked in different committees such as the Committee on Information and Technology, the Standing Committee on Land and Natural Resources, the Joint Committee on National Cohesion & Equal Opportunity and Sen. (Dr.) Zani with whom we worked together in a small department: The Senate Sports Club. It was only for one year and I want to thank her for that. If God gives us time in future, I know we will be able to do more. The challenges that this House went through are many but I just want to single out the fact that I do not feel that we did our job in terms of oversight. Today even if I am asked how much I did as the Senator of Uasin Gishu county in terms of oversight, I would not be able to account because we all know the challenges we went through which were right from the National Assembly. Three times we fought to have money for oversight which we did not get. I want to believe that the incoming Senate will not go through the challenges we went through. Mr. Temporary Speaker, Sir, a number of us will be coming back to the Senate. Some will go to the National Assembly, a good number will be governors and a small number will retire. I want to wish all of them well. For those who will be coming back to this House as Senators, I urge you to continue fighting for the Senate. As I leave the Senate I do not think we have done much of what we were supposed to do. However, keep up the fight. One day, even if some of us will not be here, we will celebrate somewhere else when we will finally have a Senate that will truly represent our people and oversight the billions of shillings that we allocate to county governments.

Sen. Mutahi Kagwe.

Mr. Temporary Speaker, Sir, I join my colleagues in congratulating this Third Senate. It has been a privilege because we have 45 million Kenyans or so.

Sen. Kagwe, you need to elaborate why you think this is the Third Senate.

Sorry, this is the Second Senate. Mr. Temporary Speaker, Sir, there are 45 million Kenyans in this country or thereabout and 67 individuals sat in this House. It is a blessing from God to have been one of the individuals. I thank the people of Nyeri County for having seen it fit that I serve them for the past four and a half years as their Senator. That is a privilege, an honour and something that I am going to value throughout my life. I particularly thank the people of Mukurweini Constituency who first elected me to Parliament. Because of my work in Mukurweini, I eventually got elected as a Senator. I have chosen not to continue in the process of being elected in Nyeri County for the time being. Like a previous speaker said, I agree that leadership can be elsewhere and not just in politics. Mr. Temporary Speaker, Sir, I also echo those who have said that we worked together as a team. It is true that sometimes we disagreed but it is also the hallmark of a

Mr. Temporary Speaker, Sir, I also rise to support this Motion. I thank God for giving me an opportunity to work and serve our country Kenya. As a nominated Senator, I thank Sen. Murungi for giving me the opportunity to become a Senator in the 11th Parliament. I thank the President and the Deputy President for giving me the opportunity to be the Majority Whip in this Senate. It has been a journey. I have learnt a lot. I thank all the Senators, both from the Minority and Majority side. I leave the Senate today appreciating everyone whom I have worked with. I thank the staff. They guided us. They have made us learn a lot and understand our rules and regulations. They have seen a lot from us. I believe we will continue to work together. Mr. Temporary Speaker, Sir, I thank the Speaker of the Senate for standing with us, especially the nominated women and for giving us an opportunity to serve as other Senators. We have had a privilege. We had a lot of challenges, for instance, office space and staff. I hope that going forward; the Parliamentary Service Commission (PSC) will look at this. God willing, we will raise these proposals when we move to the National Assembly. This will ensure that Members of Parliament (MPs) enjoy the same privileges. Mr. Temporary Speaker, Sir, I thank those we worked with in the Committee on Devolved Government and the Committee on Finance, Commerce and Budget. This has been a journey and it is commendable that this House passed the first Motion to enhance the National Youth Service (NYS). I am always proud and glad that we had that vision. That Motion was supported by many Senators. Today, the NYS is an institution that is properly enhanced, accountable and can support many young people. I still believe that it will be an institution that can manage and recruit persons who want to join the disciplined forces. A person can go through the NYS and join the disciplined forces. Mr. Temporary Speaker, Sir, I hope that the next Senate will help the county governments. As we leave today, we leave the county governments in limbo; they do not know the dates when the next governors will ascend to power. I hope that the Senate will look at the assets of the county governments. I hope that county governments will take over and reduce the amount of the revenue that they access from the national Government. They should be able to collect their own revenue so that they grow. I want to thank Kenyans and the media. The media is an institution that has walked the journey with me. I thank all the media houses for supporting and building us on different platforms. I appreciate this Senate because we were able to sit with powerful men who worked in different Governments as Ministers and have taught us a lot. As we leave, we are better. I believe that I will be able to transform the National Assembly. I will ensure that it is a House that Kenyans appreciate. It should be a House that keeps its promises, that respects other levels of Government and the revenue that is collected from Kenyans. Therefore, everyone should have an opportunity to work for Kenyans without having doubts of why they were elected. Mr. Temporary Speaker, Sir, this Senate will go down in history as one of those institutions that had a lot of challenges. However, we were able to pass Bills and take

Mr. Temporary Speaker, Sir, this is my last opportunity to address a very important gathering tonight. It is important in the sense that we are adjourning sinedie tonight and some of us are going to be members of the open society, whereas others are expected to come here after the General Elections of 8th August, 2017. I wish good luck to those people who will be leaving for various pastures. For those who will have another chance to come back here after the General Elections, I wish them the best. This is a process and we should see it as such. It is a process that is in the world in both developed and developing countries. What we have done in this House has left most of us open-minded. It has provided an exposure to most people and Senators. Indeed, the Senators have had the chance to work for Kenya. This is very important because working for the “upper House” is like making final decisions for the entire Parliament. I, therefore, thank those who made it possible and particularly, the people of Kirinyaga County who voted for me to be their first Senator. I also thank those who voted for me earlier to be their Member of Parliament (MP) for Kirinyaga Central Constituency and those who are likely to vote for me on 8th August, 2017 as I make a comeback to the Senate. Mr. Temporary Speaker, Sir, when the Senate started running, some of us did not know exactly what the Senate was meant to do. Through struggle we have now come to the end of a chapter of the four-and-a-half years that we have been here. We have been supported a lot by the executive, particularly in the Senate, staff of the Senate and also the presidency. If it were not for them, we would not be here. I thank fellow Members who have been here with me and particularly, my Committee on Education. As I talk, all the Members here, except you, are Members of my Committee. You can see how thorough, serious and committed they are. I thank them for what they have done all through. We have participated in very many motions and significantly, passed a very important Bill today on Early Childhood Development (ECD).

Thank you, Sen. Karaba. Yes, Sen. (Prof.) Wilfred Lesan Rotich of Bomet County.

Thank you, Mr. Temporary Speaker, Sir. On the very onset this afternoon, I want to take this time to very first of all thank the people of Bomet County for having given me the opportunity to represent them in the Senate of Parliament of Kenya. I also thank the United Republican Party (URP), the precursor of Jubilee Party that supported me when I came into this. This is the party that I first joined and it assisted me to come to this House. Since this is the last day that I am in this House, of course not the last day as a Senator of Bomet until another Senator is elected, I want to thank all the Senators. We worked together for this country and performed our role as Senators. We know that most of the work in the Senate or in Parliament is mainly done in committees. I was fortunate that I was appointed to join several committees where I spent my time and energy serving the people of Bomet County. I want to thank the Members for electing me to the Committee on Information and Technology. This is the Committee where I learnt the first role of how a committee operates. More particularly is the Chairman of this

Hon. Senators, it is now time to adjourn the Senate. The Senate stands adjourned Sine die . The Senate rose at 8.15 p.m.