Madam Temporary Speaker, I beg to lay the following Papers on the Table of the Senate, today, 27th September, 2017: THE SENATE CALENDAR FOR 2017 The Senate Calendar (Regular Sessions of the Senate) for the Year 2017 (August to December 2017). ANNUAL REPORTS AND FINANCIAL STATEMENTS FOR UFAA/UFTF, 2016 The Annual report and Financial Statement of the Unclaimed Financial Assets Authority (UFAA) for the period ended 30th June, 2016. The Annual report and Financial Statement of the Unclaimed Financial Trust Funds (UFTF) for the period ended 30th June, 2016. ANNUAL REPORT AND FINANCIAL STATEMENT OF MARSABIT COUNTY EXECUTIVE Report of the Auditor General on the Financial Statements of the Marsabit County Executive Mortgage Scheme for the period ended 30thJune, 2016.
(Sen. (Prof.) Kamar): Hon. Senators, please, switch to the Supplementary Order Paper. Next Order!
Madam Temporary Speaker, I beg to give notice of the following Motion:- THAT
Madam Temporary Speaker, I rise pursuant to Standing Order No.46 (2) (b) to seek a Statement from the Senate Majority Leader regarding the recent and frequent clashes between the members of the Maasai community in Esoit-Naibor and members of the Kipsigis Community in Kirindoni area of Kimintet Ward in Narok County. In the Statement, the Senate Majority Leader should:-
(Sen. (Prof.) Kamar): Thank you, Senator. Could the Senate Majority Leader give an undertaking on the Statement?
Madam Temporary Speaker, we will give the Statement in two weeks.
(Sen. (Prof.) Kamar): Is two weeks okay with you, Sen. Olekina?
Madam Temporary Speaker, two weeks is way too long given that people are dying.
Madam Temporary Speaker, without anticipating debate, we will not be able to give the Statement in two weeks because we will be on recess. With the indulgence of the Member, I request for two weeks starting 10th October, 2017.
(Sen. (Prof.) Kamar): Sen. Olekina, I am sure that the Senate Majority Leader is looking at the weight of your request. It may be necessary to give him the time he has requested for, so that he can give a thoroughly-researched answer.
Madam Temporary Speaker, could the Senate Majority Leader give me the exact date because two days ago over ten people were killed. We were able to recover only eight bodies. The more we wait, the more the damage. Could he give an undertaking on the particular action that will be taken before he brings a full report?
(Sen. (Prof.) Kamar): Kindly give us a specific date.
Madam Temporary Speaker, I propose 10th or 11th October, 2017. That is two weeks away.
(Sen. (Prof.) Kamar): Do you mean Tuesday, 10th October, 2017?
Yes, Madam Temporary Speaker. It is two weeks from now.
Madam Temporary Speaker, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order No.34, the Senate do adjourn to discuss a matter of urgent national importance regarding the heightened political tension in the country.
(Sen. (Prof.) Kamar): Order, Members. You may resume your seats.
Hon. Members, having received the request on time and the hon. Member has the support from more than the required minimum, which is normally five Senators, I accept it. We will adjourn at 4.30 p.m. or at the end of Order No.8, whichever comes first, to discuss that Motion which is of an urgent nature. Next Order.
Madam Temporary Speaker, I beg to move the following Motion:- THAT
(Sen.(Prof.) Kamar): Is there any Member who wishes to contribute to that?
Thank you, Madam Temporary Speaker. I rise to “second” the Motion in relation to the Calendar of the Senate. I am trying to adjust to the fact that the Senate only sits in the afternoon---
(Sen. (Prof.) Kamar): Hon. Member, may I correct you, you have talked of seconding the Motion but it is now time to debate. The Motion has already been seconded by Sen. Haji.
Thank you, Madam Temporary Speaker. I stand guided. As I was saying, I am still coming to terms with the adjustments that the Senate sits on Tuesday, Wednesday and Thursday afternoon. Clearly, as legislators we have a serious role of ensuring that we have enough business to conduct. The Senate has a slow start being the third Senate in the history of our Republic and the second under the new Constitution. However, when I look at the Supplementary Order Paper, I realise that there are quite a number of Notices of Motions that are yet to be properly tabled before the House. I would want us to indulge ourselves; that based on our deliberations in Naivasha, where we were able to find out that we have about 60 Bills, we need to revive them and take advantage to populate our Calendar with a lot of business. Madam Temporary Speaker, I commend the fact that this Calendar anticipates the repeat Presidential Elections which have now been gazetted to take place on 26th, October, 2017 and Members, who are also politicians, require to converse and mobilize the electorate to participate in these elections. However, even as I support, some of us - and I believe that I am speaking on behalf of quite a number of Members present - have the gusto and the willingness and fire in the belly to participate in the proceedings of the Senate. So, the recess that will take place from the 28th September, 2017 to 9th October, 2017 appears to be unnecessary because we have just come from the induction retreat and only after a week, we are supposed to go back and keep ourselves busy until that time. Madam Temporary Speaker, may be, this is the time that we, as Senators, are supposed to be perusing through the various ideas that have been proposed to us by the people that we represent to make them legislative proposals within the ambit of the various tools that have been given to us by the Standing Orders in terms of Petitions, Motions and Statements, just like the one that has been canvassed on the Floor and other such avenues so that we can truly represent not only the entities which are counties
Thank you, Madam Temporary Speaker, for giving me this opportunity to also support this Motion on the Calendar of this House. It is quite in order for us to go for recess especially at a time like this. Most of us are in the Senate for the first time and we need to have time in our offices to study some of the issues that concern our counties. Many of us are not conversant with The County Governments Act and The Public Finance and Management (PFM) Act, 2012, that runs many institutions in the counties that we need to oversight. Much of the oversight role requires us to have a lot of knowledge on what we are supposed to do, especially in the county institutions. We also need some time to look at the pending Bills that were supposed to have been tabled in this House. We also need to plan on what we will table in this House. This one week will be of great advantage to some of us because we have not been to those offices. We need to sit down and look at what is supposed to be done in the Senate. I also concur that there is the issue of the repeat Presidential Election which many of us need to take part in. We also need to go back to our counties and persuade our supporters accordingly, so that they can also come out and vote. According to this Calendar, it will be important for us to give the leadership of the House some time to come up with Committees where we can request for Statements. This time will also be of advantage to the leadership of this House to sit down and come up with the membership of the committees which we need to have after the repeat Presidential Elections. Madam Temporary Speaker, I support.
(Sen. (Prof.) Kamar): Before I give a chance to the next Senator, hon. Members, I would like to recognize the delegation in the Speaker’s Gallery. I would like to acknowledge the presence in the Speakers Gallery, this afternoon, of a visiting delegation of staff from Meru County Assembly. Could we please welcome them?
Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion. As we all know, we are heading to the repeat Presidential Election. This recess will give us an appropriate time to go to our counties to do some activities, for example, to visit our agents who will undertake the elections. We will also familiarize ourselves with the new county government and the county assembly so as to understand how they conduct their business. This recess will also give us an opportunity to campaign in different parts of our county and meet our people. It will also enable us to interact with our people and thank them for voting for us. It has been a long time since we left our counties and the people who elected us want to see us. I beg to support the Motion because it has come at the right appropriate time.
Thank you, Madam Temporary Speaker. First of all, I congratulate you for having been elected to sit on that Chair. I express my confidence in you, that you are an able leader and you will do this House proud. I also welcome the delegation from Meru County who are with us this afternoon. I wish to tell them that their current governor was one of the pillars of this House. I am sure that they will enjoy working with him. We are here all the time to support counties. Having said that, I want to support the Motion before us this afternoon. As has been said, since we were elected, we have been here in Nairobi County. Most of the new Senators and even we who have been here before have been in Nairobi following what has been happening in our country. We have just come from an induction which was very rich and useful to many of us. Therefore, it is befitting and quite in order for us to go on recess so that we can interact with the people who elected us. Even those who were nominated come from areas where they live with their people. Therefore, it will be good for them. Madam Temporary Speaker, I disagree with Sen. Mwaura’s sentiments that some people say this is an idle House. This House has never been idle; it has been a very busy. Leaders here are very committed and they are prepared to work. I am sure even those of you who joined us recently are ready to work hard for a better country. This perception which was created by our colleagues in the other House where he came from should be erased from his mind now that he is a Senator. He should stand with
Thank you, Madam Temporary Speaker. I also join Sen. Haji in congratulating you as I support this Motion that we go on recess. First, we need to do that because all of us represent different counties. From 31st August, 2017, we have been busy doing different things here. Again, many of us come from counties that need our attention at this particular time. In a county like Marsabit where I represent, drought has wiped out animals. We have no water and mothers and young girls are suffering trying to fetch it. In those counties, when people do not see us, they see a big vacuum. I feel that it is in order for us to go back now to our people and give them moral support and also create enough awareness on what is happening in this country. A repeat of the presidential election is a new thing in our country. Many of our people on the ground do not understand how we can repeat a presidential election. So, we need to go on the ground to encourage our people and tell them the importance of preparing ourselves for the presidential election. I also support the Motion because even our elected leaders need to rethink of the work that we have given them; that is, the Speaker, the Deputy Speaker, the Senate Majority Leader and others. Much of our attention is taken by what is happening in our city and beyond. In terms of politics, the political temperatures are rising. We need to react and respond to so many things. It is in order for us to give ourselves time to deal with the most urgent things now and come back when we can focus on other things that we need to focus on. Madam Temporary Speaker, the future of our country depends on us, leaders; it is in our hands. It is my prayer that as we go for recess, we will preach messages of peaceful co-existence and peaceful election. I also pray that our Opposition leaders will also guide our people to have peaceful co-existence. When the time comes for elections, it is for us to guide our people. So, I think it is right and in order for us to recess. I support that we go on recess, especially at this time.
(Sen. (Prof.) Kamar): Hon. Members, let me remind you that the Motion for Adjournment or recess will be discussed tomorrow. Today, the Motion before us is on Approval of the Senate Calendar. That is for clarification purposes.
Thank you, Madam Temporary Speaker, for giving me this opportunity and I stand to support.
Thank you, Madam Temporary Speaker, for giving me this chance. Before making my contribution, I join my colleague, Sen. Haji, who took time to welcome the visiting delegation from Meru County Assembly. They have joined us this afternoon to have a look at how we transact our business and induct themselves on the operations of the Senate. In welcoming them, I personally know how much county assemblies, including the one that I represent, look up to the Senate in terms of procedure and so many things. I get many calls and requests from officers in my county assembly seeking to visit and acquaint themselves with various processes that happen here. I hope that the office that is responsible for these visits will continue working on how to improve on this programme that is very beneficial and enriching to county assemblies. To the visiting delegation, welcome. Secondly, let me also contribute to this Motion on Approval of the Senate Calendar, noting that there are quite a number of things that I am in agreement with. I know many Members will speak to these things later on when we have the Motion because I have seen in the Order Paper that there will be an Adjournment Motion to discuss the security situation in the country. However, this Motion frees up a number of Senators to apply our minds to the current situation in our country. Indeed, these are extra ordinary times which we also have to put up with and find ways to drive the agenda of this country and ensure that we navigate Kenya through this
Thank you, Madam Temporary Speaker. I beg to support this Motion as a person who comes from drought prone areas. As it has been stated by my colleague, Sen. Jillo Waqo, we need to go back to our counties because there are pertinent issues that need to be discussed. One of the issues that need our attention is that during drought, there is lack of water. Even when the drought is over, at times there are floods which sweep away the animals that are weak. Counties also need our support to plan for the eventualities of having so many school drop-outs amongst our communities so that there are proper plans in place. Therefore, I believe that this time is appropriate for this recess. Madam Temporary Speaker, I want to plead with my fellow Senators that as they go back to their counties during this recess, some of us come from different religious backgrounds. Please reach out to your Churches, Mosques and other avenues that you need to ensure that peace is preached within this country. In some of our neighbouring communities, there are children who were born 25 years ago who have never seen peace. Therefore, I request you all, for the love of this country, to ensure that our children and our grandchildren grow up in an atmosphere that is peaceful. Madam Temporary Speaker, I also want to congratulate you for being nominated in the Speaker’s Panel. We are happy to see you on that big seat as a woman.
Thank you, Madam Temporary Speaker. I take this early opportunity to congratulate you for being appointed to that position. I also want to join those who have already welcomed the delegation from Meru County and say; welcome; you will learn a lot from this particular Senate session. I want to support the Senate calendar for this particular session based on the following grounds. First, it will be high time for all of us to go and put our heads together with the county assemblies and see their agenda for development and see how we can move on together.This is important because some of them have been calling us, requesting to find out if we can meet them so that we can put our heads together. This will be an opportunity for us to do that. Second, Madam Temporary Speaker, we are in campaign mode for the repeat presidential election and people outside there also want to see our position; they want to hear our voices concerning the particular people we want to support. My people have been calling me, asking whether I am still supporting our President. In fact, it will be my happiest moment to call and tell them that they will hear my voice as soon we adjourn this House. Some of us are still new and we are still trying to settle down in Nairobi. This will be a good opportunity to enable us to settle in well, especially for the new Members. This will also be the best time for us to go to the counties to inform the electorate about the funds we disbursed two weeks ago. It will be of great pride for us to go and tell them that we have already started working. Lastly, for our friends who are participating in demonstrations – which I do not like much myself – this will be a good time for us to go and guide those particular people on how to conduct peaceful demonstrations. We are aware that there are commanders who are commanding from a distance. Therefore, this will be the best time for them to participate practically so that they protect those particular supporters from messing up some places. So, MadamTemporary Speaker, I beg to support this Motion. Thank you very much.
Thank you, Madam Temporary Speaker. Let me first take this opportunity to congratulate you for being appointed to that great position. Let me also join you in welcoming the delegation from Meru County Assembly and tell them that they did well in choosing to conduct their benchmarking in the Senate. Madam Temporary Speaker, I stand to support this Motion. All of us are aware of what is happening right now after the presidential elections were nullified. Yesterday, when we had our parliamentary group meeting, we were told to go back to the counties and look for the right chief agents to ensure that processes will go well this time round. As you all know, the presidential election was nullified on the basis of not following the right procedures. Secondly, Madam Temporary Speaker, this is the right time for us to go on recess, particularly after coming from an induction. I realise that we received so many documents and we need time to go and familiarize ourselves with them. In addition, I concur with my colleagues who talked about the recently disbursed county allocations. We need to go, sit together and look at the County Integrated Development Plan (CIDP) and give them some advice on how to go about it so that the residents can get value for their money. A few Minutes ago, Sen. Ledama was complaining about the civil strife that is going on between the Maasais and the Kalenjins who are bordering my county. The recess will be a good time to go back and preach peace to ensure that the strife is solved before the Senate Leader of Majority outlines the reasons that caused it. Additionally, the recess will enable me to go to the county because as we speak, five schools have been set on fire. The affected students need to see their leaders comforting and directing them. Therefore, the recess is in order. I support the Motion.
(Sen. (Prof) Kamar): Thank you, Sen. Milgo. Sen. Kimani Wamatangi.
Thank you, Madam Temporary Speaker. I rise to support the Motion on the approval of the Senate Calendar for this Session. I congratulate you, as my colleagues have done, for being appointed to the Speaker’s Panel. I am sure, even though the seat has been described as a “big seat” the brains behind the person seating on the seat are bigger than the seat. Madam Temporary Speaker, I want to note that it was in the Senate’s plan in the Eleventh Parliament to deliberate as a House and see how we can accommodate the Senate sittings in the counties. It had been planned that we would visit the counties, have sittings, collect views from the counties and hear the issues that arise especially when we are interacting with the Members of the County Assemblies (MCAs) in the counties because their roles complement the Senate. In the formulation of our calendar and as we proceed with its implementation, it will be important that we evaluate how we are going to accommodate this idea. If I can recollect, in the last Parliament, so many counties struggled to bring issues to this House that were of interest to their counties. It would be easier if this happens. Most of the MCAs who have been elected are new. They could be struggling like other Members of Parliament (MPs) to get accustomed to the House procedures of legislating. By the time they catch up, the wheels of implementation of policies and the
Madam Temporary Speaker, first, with due respect, allow me to welcome the delegation from Meru County to this Senate. I also thank my brother, Sen. Aaron Cheruiyot, who was holding brief for me before I got in here. Madam Temporary Speaker, the Motion before the House is important. It is a Motion that deals with how we organise our diary and time. Looking at what is before the House between now and the time that we are supposed to have the first break after the general elections, I agree with the Mover of this Motion that it is necessary and important for us to agree on the timetable. I also thank him for finding it necessary to bring it at such a time. We are aware that the country is in some bit of anxiety. Looking at the Calendar, I am happy because I will have an opportunity to leave the Senate and go back to the County of Meru. I will have some time to persuade the people of Meru during that period to get out in large numbers and reaffirm their commitment and support for our beloved President when we shall be voting on 26th October. That will also give us time to be there without being bothered so much about the business we have missed in the Senate. Madam Temporary Speaker, I am in agreement and I support this Motion. I thank you.
(Sen. (Prof.) Kamar): Thank you Senator. I now request the Mover to reply.
Madam Temporary Speaker, I beg to reply. I thank Members for their very worthy contributions. The recess will help Senators to undertake their work at the county level. I thank you.
(Sen. (Prof.) Kamar): Thank you Senator. I would like to bring to the attention of Members that according to Standing Order No. 73, voting on this Motion will take recognition of the fact that this is not a matter that affects the counties. So, we shall go ahead to vote by acclamation.
(Sen. (Prof.) Kamar): Hon. Members, following discussions and consultations with the Senate Majority Leader, Order Nos. 9, 10 and 11 will be deferred because of amendments that they would like to introduce. VETTING OF ALL PERSONS LIVING WITH DISABILITIES IN KENYA AWARE that about 15% of the Kenyan population are persons living with disabilities; APPRECIATING that the Government has taken several measures to avail certain privileges through the National Council for Persons with Disabilities to registered persons living with disabilities; NOTING that the National Hospital Insurance Fund (NHIF) is a contributory health insurance cover and the remittance of contributions for persons living with disabilities by government for the cover, is not among the privileges extended to persons living with disabilities; CONCERNED that most persons living with disabilities have difficulties engaging in gainful income generating activities that would enable them pay the contributions to NHIF, hence are without any medical cover; FURTHER CONCERNED that many persons with disabilities are unable to access medical services leading to high mortality rate; NOW THEREFORE, the Senate urges the National Government to put in place the following measures through the Ministry of Health and the Ministry of East African Community, Labour and Social Protection-\ 1. Undertake vetting of all persons living with disabilities in Kenya to ascertain those who are unable to afford payment of contributions to the NHIF; and 2. Set aside a special fund for remittance of contributions to NHIF for those persons who are living with disabilities and cannot afford to pay the contributions.
(Sen. (Prof.) Kamar): As I mentioned earlier, I will now invite Sen. Mwaura to move his Motion for Adjournment.
Madam Temporary Speaker, I rise to move that pursuant to Standing Order No.34, the Senate do adjourn to discuss a definite matter of urgent national importance regarding the heightened political tension in the country. Madam Temporary Speaker, Edmund Burke said; “But when the leaders choose to make themselves bidders at an auction of popularity, their talents, in the construction of the state, will be of no service. They will become flatterers instead of legislators; the instruments, not the guides, of the people.” As we speak in this august House, our country is facing a lot of challenges because of the political environment that we find ourselves in. Our country went to the polls on 8th August this year. Thereafter as we are aware, there was a determination by the Supreme Court that nullified and voided the elections of the President, in this case, His Excellency President Uhuru Kenyatta. This is very unfamiliar territory.
It caught the majority off-guard because the results of the elections had clearly shown that the Jubilee Party - the party under which I am nominated to this House - actually won majority of the seats from Senators, governors, Members of the National Assembly (MPs), Members of the County Assembly (MCAs) and Women Representatives. The Constitution anticipates a situation where there will be a fresh election within 60 days as provided for very clearly. That is just the law. I want to quote the great parliamentarian, Edmund Burke, who said: “It is not what a lawyer tells me I may do, but what humanity, reason and justice tell me I ought to do.”
Order, Senator! I am ‘Mr. Speaker’ and not ‘Madam Speaker.’
I am sorry, Mr. Speaker, Sir. Congratulations for sitting in that hallowed position. In that regard, we need to conceptualise individual liberties; that you are innocent until proven guilty. We have seen people being taken to the court of public opinion, where interested parties would want to paint certain individuals to suit their political motives. We have seen the bullying of---
There is a point of order from Sen. Olekina from Narok County.
A point of order, Mr. Temporary Speaker, Sir. Is the hon. Member in order to appear in this honourable House wearing a hat? That is not the right attire. I hope you will take action. Thank you, Mr. Temporary Speaker, Sir.
Mr. Temporary Speaker, Sir, that is not a point of order but a point of opinion. You need to be educated on some Biology so that you understand issues of albinism.
The Senator for Meru County wants to comment on the same.
Thank you, Mr. Temporary Speaker, Sir. It is necessary that I inform the Senator for Narok County. If he dared to listen he would get out of this Chamber more informed. With due respect, he needs to understand that Sen. Mwaura is one of our special Senators in this House, by virtue of a creature of our Constitution. He represents a very special group in this Country that in one way or another is disadvantaged by different things. It is important to understand him rather than try to rub it in. In my view, the Senator for Narok County needs to apologise to the people of this country who suffer from such disadvantages. Kindly hold your horses. Since you are a first-time Member, try to even learn from your neighbours, so that you do not make frivolous points of Order.
Thank you, Sen. Linturi. Yes, Sen. Madzayo.
Thank you, Mr. Temporary Speaker, Sir. I would like to express my shock regarding what my colleague on the other side has stated; that my colleague here should apologise. I believe that our Standing Orders provide for the attire that every Member should wear. I am wondering whether that hat is part of the medical requirement or the attire that a Member should wear in this House. Unless it is supported by medical evidence, I do not think that there should be special attire that the Standing Orders do not provide for in the House. Is the Member in order to address the House while wearing a hat that is not medically provided for?
Hon. Senators, I refer you to the Speaker’s Rules published on August 2017. In particular, I refer you to Part 1 which is titled “Conduct of Senators within the precincts of Parliament.” Rule 5 provides as follows:- “Senators are required not to enter the Chamber, lounge or dining room without being properly dressed. This means that a male Senator shall be dressed in coat, collar, tie, long trousers, socks and shoes or service uniform, religious attire or such other decent dressing as maybe approved by the Speaker from time to time. An equivalent standard shall apply in respect to women Senators.” Hon. Senators, the effect of this Rule basically is that one should come to the Chamber or these stated precincts while dressed well. I hereby rule that the hon. Senator is dressed properly taking into account the constituency he represents. However, this ruling only applies to him in so far as the question of the hat is concerned.
Thank you, Mr. Temporary Speaker, Sir. I would want to ask the Senators to be aware of such cases; though that is the reason as to why we have such representation. I seek your indulgence. A lot of time was taken to canvass that point of order. Could you add me some time so as to allow me to finish my submission?
Thank you Mr. Temporary Speaker, Sir. For clarity of thought, allow me to reiterate Edmund Burke’s quotation. He says that: ‘It is not what a lawyer
Mr. Temporary Speaker, Sir, we are setting our country for chaos. I would want to invite this august House to ventilate on this matter. The contest is between President Uhuru Kenyatta and one Raila Amolo Odinga. I would want to imagine that in the best interest of this country, we would want to move it forward. We shall be judged as a House and, indeed, as leaders who stood up to be counted rather than those who tried to risk the lives of others to acquire political power for the sake of it.
Thank you, Mr. Temporary Speaker, Sir. I stand to second. This is the lowest moment in my political career. When I came to the Senate, I thought that I would get to see the old politicians such as Sen. Orengo, Sen. Wetangula and Sen. Wako, who would be sitting here and guiding us on how to do things in the Senate. To my amazement, they are not available. They are busy in the streets, organizing
. I am one worried person because they are going to an extent of saying that there will be election if---
On a point of order, Mr. Temporary Speaker, Sir.
On a point of order Mr. Temporary Speaker, Sir. As much as I would not want to interject my colleague, I think it is prudent for a colleague to avoid mentioning another colleague if he is not in the House. That can only happen if that colleague was in the House and has participated in that particular issue. I think that it is in bad faith and it does not show any form of deference when a colleague decides to mention Sen. Wako and others in the House. He is alleging that these Senators are out there trying to organize demonstrations. Is he in order? Is he sure that they are organizing what he is trying to imagine? It is totally unfair. It does not matter whether you are on that side or this one. I want to tell my colleague that being on that side is not permanent. One day, he may find himself on this side.
Thank you, Sen. Madzayo. May I differ the ruling for now and give him some few minutes to converse further? Thereafter, I will make a substantive ruling on his point of order.
Mr. Temporary Speaker, Sir, he did not get me right. I said I respect them. I am the one to choose the people to respect even if he claims it is wrong to do so. There is an allegation by some Senators on that side and the presidential candidate for NASA that there will be no election. However, the Constitution is very clear on this matter. Article 138(1) says: “If only one candidate for President is nominated, that candidate shall be declared elected’. Mr. Temporary Speaker, Sir, if they continue to say there will be no election and fail to nominate their candidate, then IEBC will declare hon. Uhuru Muigai Kenyatta as the President of the Republic of Kenya. Article 33 of the Constitution provides for the freedom of expression. However, it does not give room for hate speech. It is unfortunate that a colleague from the National Assembly was quoted abusing the President. That is uncalled for and unacceptable. I want to put it very clear and it must be noted that when anybody abuses any institution in this country, it is not in good faith. We must respect the institution of the presidency because it is a unifying symbol of this country. Any person who abuses it should face the full force of law.
On a point of order, Mr. Temporary Speaker, Sir!
Order, Sen. Madzayo! Before you raise your second point of order, allow me to make a determination on your first point of order. Allow Sen. Kinyua to reply to the issues you raised in your first point of order.
Which one had you raised? He had raised many issues.
The point of order was that you had mentioned a certain Senator who is not present with us here when you raised your point of order. He wanted to know whether you were in order to do so.
Mr. Temporary Speaker, Sir, it is in public domain that they are organizing “Maandamano” on Tuesday, next week Tuesday. Consequently, they have put it very clear that they will be organizing “ maandamano ” every Tuesday. It was said that their principals are the generals and that they will be leading from behind. To me, they are not generals because generals lead from the front. They are cowards.
You can sit down. I rule you out of order. That was not a fair comment. We should be encouraging healthy debates in this Chamber. What was your second point of Order, Sen. Madzayo?
Mr. Temporary Speaker, Sir, I wanted to inform him of what Article 138(2) of the Constitution states. It says: “If two or more candidates for President are nominated, an election shall be held in each Constituency.” That is the point I wanted to make very clear to him. It is not that only one person will be nominated and elected.
Yes, Sen. Linturi; with regard to the point of order that has been raised.
Mr. Speaker, Sir, I ask you to use your discretion at times when you are seated in that Chair and excuse some of us. There is something called selective amnesia. With all due respect, we may also as well excuse people for having not heard properly either by design or they may have serious issues with their ears due to advanced age or any other ailment. I heard the hon. Senator from Laikipia County very well. To me, Sen. Madzayo is reading the Constitution selectively and in a manner that is meant to mislead this country and we cannot allow him to get away with it. I invite him specifically to look at the provisions of Article 138 (1). It is about the procedure of a Presidential election. Article 138 (1) says:- “If only one candidate for President is nominated the candidate shall be declared elected.” This means that whoever you engage or whether you will not participate on the 26th of October, 2017 in the presidential elections and as long as the IEBC has opened up a space for people to apply for candidates for presidency, it does not matter whether you
Thank you. That was a point of argument. Therefore, I rule that the original submission was okay. Allow me to give an opportunity to Sen. Olekina from Narok County to raise his point of order. Proceed, Senator.
On a point of order, Mr. Temporary Speaker, Sir. Kenyans out there are watching. When I listen to Sen. Linturi trying to interpret the Constitution wrongly, I get shocked. He stood and interpreted Article 138 selectively. I remind the Senator that sometimes age does not only affect one person. It can affect two or three. In this case, it is affecting him. If you were keen, you would have realised that there would be no nomination in a repeat election after a presidential election has been nullified. It is only limited to two candidates. You can interpret the decision of the Supreme Court even in the 2013 election. The Constitution is also very clear in the Supreme Court ruling in that case. On another note, it is important and prudent that we respect each Member’s constitutional right. The Senator for Laikipia County alluded to the fact that other Senators who are not present in this House are out there acting as generals. He said that this is in public domain. I remind the Senator that it is within their constitutional right to picket if they so desire. So, let us behave in a manner that people out there will respect this House and know that the right to protest and demonstrate is not a right set aside for a few.
The provisions of Article 138 of the Constitution are very clear. Therefore, there is nothing that I can rule on. I urge the Seconder to proceed and finalise his oral submissions.
Mr. Temporary Speaker, Sir, Article 37 states that there is the right to picket and demonstrate but it cannot be done by people who are armed. We have witnessed people carrying stones. They have forgotten that they were defeated. We are setting a very bad precedent in this country, for example, what happened in 2007. Some people keep on changing goal posts. First, it is alleged that the Independent Electoral and Boundaries Commission (IEBC) did not perform very well. Now, it is about Safaricom. However, elections have to be done on 26th October, 2017 because even the Supreme Court judgement stipulated that fresh elections be held within 60 days as provided for by the Constitution. It is not bad for my colleagues to be on the other side as they plan to come to this side. This side is good because you can see many people here. This will be demonstrated well on 26th October, 2017. We will vote for President Uhuru Muigai Kenyatta as we did before. Even if your irreducible minimum is attained, we will still beat you because votes will be counted.
Mr. Temporary Speaker, Sir, what we are referring to as tension in the country is not tension. We have a conflict. Conflicts are always there. They are healthy and ever with us even in our households where we have couples. The only problem is how we resolve conflicts. This conflict is political. It arose as a result of our failure to follow the political process to the letter. That is why NASA went to court. The ruling of the Supreme Court is now history. We are set for elections on 26th October, 2017. When conflicts are resolved through constitutional means, it is very healthy. There should be no problem when we follow the Constitution in resolving our conflicts. So, NASA did a commendable thing by going to court. Those who went to demonstrate yesterday were also right. Article 37 of the Constitution states clearly that picketing and demonstrations are allowed. These are democratic and constitutional means of expressing ourselves as Kenyans. So far, so good. We are on the right path. What hon. Raila said, that there will be no elections on 26th October, 2017, should not be taken as such. It should be taken under the context which he said it. Hon. Raila is asking for free, fair and verifiable elections for the future of this nation. He is talking about elections where the winner greets the loser and the country moves on. That is not only necessary this year. It was not only necessary in 2013 or 2007 but it is necessary forever in Kenya. Those who are pursuing this line are doing a good job. So, my friend Sen. Mwaura should not fear. He should join demonstrators and ask for his right so that we can have a peaceful and stable country where elections do not make us fight each other.
What is your point of order, Sen. Mwaura?
On a point of order, Mr. Temporary Speaker, Sir. Unfortunately my colleague has just sat down. Is the Senator in order to invite me to anarchy and demonstrations to make this country ungovernable? Is he inviting me to join him in sabotaging the Government of President Uhuru Kenyatta?
What is your comment, Senator for Migori?
Mr. Temporary Speaker, Sir, I explained it very clearly. You can refer to Article 37 of our Constitution. Demonstrations are allowed in this country. There are ways of expressing our feelings. That is why I am inviting my good friend to join us in demonstrations so that we can make this country better.
Sen. Mwaura, I rule you out of order. His argument is not legally defective. At this juncture may I give the opportunity to nominated Senator, Waqo Naomi Jilo.
Thank you, Mr. Temporary Speaker, Sir. First, I am excited about this agenda that we are discussing now simply because I have a lot of concerns for our nation. From 8th August, 2017, every new day has had a new issue for us to deal with. As a woman, a lot of fear has been created in us. As a mother who has children who go to school and other family members going to work, you wonder whether they will be safe on the road. All that has created a lot of fear for us and, I believe, even for any common
So, it is important for us to discuss these issues now and also tell our colleagues on the other side. Yes, when we decided to deal with the former Independent Electoral and Boundaries Commission (IEBC) team, they succeeded by demonstrating every Tuesday. A lot of destruction took place even at that time and, at the end of the day, they succeeded. As one of the legislators today, I think that is where we failed and we gave in. For this IEBC team, it is unfortunate that they are going through the same threat that their predecessors went through now. It is upon us to protect our institutions and also say that we want a peaceful Kenya. We need to respect the independence of IEBC and their autonomy. We must ensure that we respect each one of them and give them enough of our support. We also need to know that the IEBC members who were forced out of office have families and children who are going to school. As I watched what happened yesterday last night, I said if I have my family members there, what will be my reaction. Our colleagues on the other side need to know that they expect some votes even from some IEBC members. What they have done is destroying their own future. We have families that we need to take care of. When the Supreme Court nullified the presidential elections, they did not say that IEBC have done anything wrong. They said it is our system; they faulted the system. So, I do not see any reason why we should bring this city to a standstill just because we want to force out of office innocent people doing their daily work and who are obedient to Kenya and to their call. We also need to be concerned about the security of the IEBC Commissioners and staff, putting into consideration what happened before the elections and even after the 8th of August, 2017. There is a lot of fear and their lives are also in danger. So, my concern is beyond the individual members of staff and I think we should also give them a lot of security. Mr. Temporary Speaker, Sir, I am also concerned about this situation that we are in, because it has affected our businesses. Many of our business partners are not busy doing their work and investors are running away from our country. Our economy is hugely affected. If God has put us in this position, there is need for us to be concerned and see what we can do. It is of paramount importance to make sure that we provide all the necessary support to all the institutions. I am saying this because our colleagues are saying that there will be no elections; and they are saying this confidently. I am wondering what is
Thank you, Sen. (Rev.) Waqo. Proceed, Sen. Seneta.
Thank you, Mr. Temporary Speaker, Sir, for giving me a chance to also contribute to this important Motion. Bearing in mind what we are going through as a country, it is important to discuss and raise our concerns as the leadership of this country. I am happy that our colleague, Sen. Mwaura, brought this Motion to be discussed this afternoon in this House. As the leadership of this country, we need to highlight our stand and also raise our concerns on what Kenyans are going through. What we are experiencing as a country at the moment is what followed after the ruling of the Supreme Court. However, what we should concern ourselves with is actually respect for institutions. These constitutional institutions were formed as a requirement by the new Constitution that we passed. Many of us, our leaders and party principals also took part in passing this constitution. We formed these institutions which, when they do their work and come up with decisions, though at times they may not favour us, we should respect them. I want to applaud our President, His Excellency Uhuru Muigai Kenyatta, when he said that he was not happy with the Supreme Court ruling, but he respects it although it did not favour him. I wish we could all go by that; that whatever ruling is made either by the IEBC or by the Supreme Court, we should also respect it. Looking at the situation prevailing in the country, there is abuse of democracy. Many of our people are taking advantage of democracy and freedom, therefore abusing that freedom. When you have the freedom to demonstrate, you should also know that, that freedom has a limit. It should not go to the extent that it is prejudicing the freedom of other citizens. In the last one or two months, we have seen people talking. Yes, there is freedom of expression. However, this freedom, according to Article 33, does not extend to a situation where you are also abusing the freedom of the other person, where you are inciting a community, abusing other people or propagating for war. Therefore, we should not abuse either freedom or democracy. There is also a situation in our country whereby, whenever an institution has made a certain decision, we are angered to an extent of demonizing the personalities working in those institutions and we even do not care about their dignity. We ignore the criteria or legal process of removing these personalities from office and we end up demonizing everyone. With this trend, it might be very difficult for people to work in the IEBC, the Ethics and Anti-corruption Commission (EACC) or even in the Supreme Court because whenever you are working there, anybody can abuse and demonize you just because of executing your legal mandate in that institution.
Mr. Speaker, Sir, I rise to support the Motion on the Floor, specifically discussing the situation that we find ourselves in as a country. My thoughts are that as a country, I think it is time for us to take stock. We started on a journey from 1992 onwards when we held our first democratic elections under the repealed law - Section 2(a) - when we could not have elections under a multiparty democratic system.
You can add him one minute.
Mr. Speaker, Sir, I did not realise that time was moving so fast. I wanted to pose the question whether we can say that; as leaders who are given that opportunity to chart the way forward for this country in this new democratic found freedom, we have done right to those that have elected us by failing to hold to account those who have even owned up to it. If we look at the events of 2007-2008 more than 1,300 Kenyans not only lost their lives but even many more lost their property while others were maimed and crippled while the same actors and players continue to replay. Fast forward to today, we have heard talks that there will be no election. We are not told whether it is because there will be violence or people will be hindered from going to the election yet we have a court
Mr. Speaker, Sir,I thank Sen. Mwaura for this Motion to discuss the current political situation in the country. The sovereign power belongs to the people of Kenya and the only way to exercise it is through the Constitution that we have. It is one which all of us were involved in developing. It took a very long time and at the end of it, in 2010, wedelivered a Constitution that we were all satisfied will govern our conduct and the way we do things in this country. The sovereign power under this Constitution is delegated to the different organs. One is delegated to the parliamentarians, another to the Executive and to the Judiciary. If you look at the situation we are in the country, Kenyans are asking themselves where our parliamentarians, the executive and the judiciary are. The kind of tension we are experiencing in the country, unfortunately, has not been caused by the rural Kenyan or the Kenyan per se but by a situation that is controlled by the leadership. I was asked many questions by people when I was in Eldoret. They wanted to know why leaders are not speaking up and the Senate is quiet about the situation. I was asked that question in church. They would like to hear our leaders speak because this is a situation they do not want. The reason Kenyans are not interested in this kind of situation is because they are not enjoying what is outlined in Article 20 of the Constitution on the application of the Bill of Rights. Citizens have the right to peaceful co-existence, peaceful development and an environment where they can develop and the economy can grow. Those are the fears that are coming up. Businessmen have told us that the situation in the country now has stalled the growth of the economy. We must ask ourselves as leaders: Did we have to reach here? If we have reached here, are we handling the situation properly? Mr. Temporary Speaker, Sir, I want to appeal to this Senate that we have a contribution to make as Senators and as Parliament that has delegated part of the sovereign power of the people to be exercised on their behalf. We need to give direction and talk to ourselves. It will not help us and this country if leaders are not careful about some issues. If leaders are not careful about their utterances, they will drown the country into chaos. We need to control ourselves and advocate for peace during elections. The people have a right to decide who the next President will be on 26th October, 2017. My
You have one more minute.
Thank you, Mr. Temporary Speaker, Sir. It is my appeal that we need to seriously consider how we carry ourselves as leaders. I appeal to both sides of the House that we must carry ourselves in a manner that will be able to build not only peace, but also bridges with those who are hurting and respect the institutions that we have; the Supreme Court being one of them. More so, we need to ask ourselves how we will ensure that the people will express their free will. Their free will can only be expressed in the numbers during voting, and the numbers are with the people. Mr. Temporary Speaker, Sir, I thank the President and the Deputy President for accepting the ruling of the Supreme Court. Therefore, we should move fast and actually campaign peacefully and ensure that Kenyans get the leader they want. Mr. Temporary Speaker, Sir, I beg to support.
Thank you, Senators. I can see that we have sufficient interest on this subject. We have Sen. Cheruiyot, and Sen. (Dr.) Langat and Sen. Pareno. Allow me to skip the two and allow Sen. Pareno to speak. To the best of my knowledge, this should be your Maiden speech. Sen. (Eng.) Mahamud, since you had logged out, we shall have Sen. Cheruiyot, Sen. (Dr.) Langat and then you. If another Member has an issue with logging like Sen. (Eng.) Mahamud, you need to approach the Chair.
Thank you, Mr. Temporary Speaker, Sir. I am happy to make my Maiden speech today to talk about what I found on the Floor of the House, which is the discussion on the political situation in this country. I am happy that my fellow colleagues who have spoken before me actually spoke passionately. I am happy that they are now feeling the heat of what it means to love this country. As we sit here we all know that this country belongs and is important to all of us. Therefore, the heat that I have been feeling out there is the same heat you are feeling for this country. We should respect institutions like the Supreme Court, which is the highest court of the land. I am a lawyer by profession with over 20 years’ experience. If we can dare attack our Supreme Court, then we must all sober up and respect institutions. You cannot on one hand call for the respect of the Independent Electoral and Boundaries Commission (IEBC) and on the other hand attack the highest court of the land. This institution came about from our new Constitution that we passed in 2010. It came into place after several years of soul-searching as a country and coming up with a robust Constitution that protects the interests of each one of us. Some of us felt marginalised as the minority and came up with a Constitution that would protect all of us. If we do not respect this Constitution, then I am afraid that we
Senator, you can take your seat for one minute because there is an intervention from Sen. Cheruiyot. Your time is up, but you can speak more because you represent a certain shade of opinion that is currently not in. Therefore, I have added you some few minutes.
Order, Senator! Please, take your seat. There is an intervention from Sen. Cheruiyot. I will add you three minutes. You were supposed to have concluded but because you represent a shade of opinion of a group that is currently not in the House, I will give you more minutes. Sen. Cheruiyot, what is your point of order?
On a point of order, Mr. Temporary Speaker, Sir. Given the grave allegations that Sen. Pareno has given on the floor of this House and this being a House of records because at some point, people who do not have the privilege of being here would want to confirm if what she has sad is accurate; is she in order to make such allegations without substantiating? It would be beneficial to this House if the Senator substantiates by giving us more details, for example, the particular polling station that had 5,000 votes cast. That is a great anomaly. To the best of my knowledge, a polling station can only have a maximum of 700 registered voters. If such a thing happened, it is of interest to us that we get to know. It will be in order that she tells us the polling station she is referring to.
Fair enough. Let us hear from Professor Ongeri.
Mr. Temporary Speaker, Sir, I am just wondering whether it is a normal practice and tradition of this House to interrupt a Member when she is making her maiden speech by points of order? I, therefore, request that you rule the Sen. Cheruiyot to be out of order because this is her maiden speech.
Hon. Members, it is true that indeed, this is her maiden speech. I do not want to upset the tradition of this House by allowing interruption of a maiden speech. However, the issue that has been raised, I may as well raise it suo moto. The Senator needs to give proof of documents to support her contention that we have a polling centre where 5,000 voters voted, notwithstanding that the maximum number of registered voters per polling station is 700. Sen. Pareno, do you have any documentary evidence that you can table.
Mr. Temporary Speaker, Sir, I was almost raising a point of order on my own account having been interrupted on my maiden speech. I know I am not supposed to be interrupted as much as I am contributing regarding what Sen. Cheruiyot thinks that needs further clarification. I have not heard your ruling on whether it is right for a Member to be interrupted on their maiden speech. Be that as it may, if that is your ruling that I should be interrupted, I will proceed. I am seeking your guidance on that.
My ruling is that you ought not to be interrupted. Therefore, you will not address yourself to the point of order that has been raised. However, on my own motion I have raised the issue regarding whether you have any documentary proof regarding that assertion. That will be beneficial to the Senators and members of the public who are watching you.
Mr. Temporary Speaker, Sir, had I known I was going to make this presentation, I would have brought the document. I have a written paper with more than ten polling stations where more people voted than the registered voters. I am not able to provide them at the moment but I have them. You will see it in the news later because we have discussed it openly with the media and issued a statement that has the affected polling stations with the total registered voters and total voters who voted. I will provide the evidence if you allow me to do so.
You may proceed but at your own time, you can educate the Senators more by bringing the documents.
Thank you, Mr. Temporary Speaker, Sir; that is how serious things are from my submission. We have a lot of anomalies that were committed with impunity. That is what we are talking about and we cannot keep quiet anymore, we will come out and speak about it in a peaceful way. Let those who want to stand on the right side of history do so and those who want to condone impunity do so. Some of us will come out clearly, truthfully and honestly in our demonstrations and to state in press conferences what it is that needs to be fixed. I appreciate that you have allowed this Motion of adjournment for us to discuss the political situation in the country as it is because it is serious. Thank you, Mr. Temporary Speaker, Sir,
I want to draw the attention of the House to Standing Order No. 94 that provides for responsibility of statement of fact. “(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.
I referred to several polling stations but I will be specific on the one that had 500 registered voters and yet over 5,000 voted. I will table the documents in the next sitting.
Thank you, it is so ordered. In the next sitting, you will table that evidence. We have the following Members desiring to contribute: Sen. Cheruiyot, Sen. Langat, Sen. Mahamud and Sen. Mwangi Githiomi. Sen. Mwangi, at one moment you were the first on the intervention but you withdrew your card and as a result, you are number four. You will have to follow the queue notwithstanding that at one moment you were the first one. So, all factors remaining constant you will be number four. Proceed, Sen. Cheruiyot.
Thank you, Mr. Temporary Speaker, Sir, for the chance to contribute to this important Motion bearing in mind that our country is living in very interesting times. Future generations would want to refer to this particular moment and they will want to know what the leaders did to the country during that monumental time. At this moment, every Kenyan of goodwill is worried for this country. They are imagining what will happen in the next 28-29 days that may change the destiny of this country for good or for bad. It is my prayer and sincere hope that as leaders gathered here, as we discuss these issues, we will remind ourselves how we found ourselves in this situation. I agree with the contributions of my colleagues even the last speaker. She has clearly reminded us of the place of independent institutions in the Constitution. These institutions have delegated powers that are donated from the sovereign will of the people of Kenya. The Jubilee Party which I come from and the National Super Alliance (NASA) are the two main protagonists in this current debacle. One of the coalitions believes that when a ruling is made, you only take the part which suits you that annuls a presidential election but you are not bound by the part requiring that the election be undertaken by a constitutional mandated body. That is where all the trouble started. Mr. Temporary Speaker, Sir, the reason we have a constitution is that when we get to such a particular point in our country where people have different feelings and ideas on which direction the country should take, the solitary document that should bring us all back together to soberness so that we save our country is this document called the Constitution. In the Constitution, it is clearly stipulated under the Bill of Rights that each individual has a right to fair trial. The doctrine of presumption of innocence until one is proven guilty applies to all Kenyans equally and “all Kenyans” means Chiloba, Chebukati, Muhati and all the officials that members of the Opposition are now going to the streets to try to force out of office using unconstitutional means.
Mr. Temporary Speaker, Sir, thank you for giving me this chance to also contribute to this particular Motion. I also thank Sen. Mwaura for bringing it up. I wish our colleagues on the other side were present because one of them had mentioned that there is no tension in our country but just peaceful demonstrations. I do not know if he has been watching the television and seeing what has been happening. The truth of the matter is that our country is under tension. When you go to churches, you will find religious leaders asking for prayers for this particular country with a lot of emotions. I do not think it was necessary for people to conduct demonstrations because other institutions are working well. For example, the Director of Public Prosecutions (DPP) is working. Nobody should think that nothing is happening at this moment that warrants demonstrations at this time. I would like to challenge our friends from the other side to lead from the front when it comes to demonstrations so that they show their foot soldiers that demonstrations must take place peacefully. Yesterday we saw how the “mama mbogas” were disturbed. Demonstrators were moving about eating whatever they were selling and disturbing them. We cannot say that was peaceful demonstration. I believe that although demonstrating is a constitutional right, nevertheless, it has a responsibility attached to it. These people must come out with their families and lead during the demonstrations so that they guide those particular weird demonstrators in the streets. So, I do not support demonstrations at this moment because other institutions are active.
Clerks-at-the-Table, I direct that each contributor be added two minutes because five minutes is too short. So, allow each of them seven minutes.
Thank you. Mr. Temporary Speaker, Sir, the ruling was based on the process of results and that is utilitarian. I believe that was correct but illegalities were all over. Even where I come from, the people aligned to the NASA were bribing people and giving “unga” at night prior to elections. Therefore, the Supreme Court should have looked at malpractices on both sides. The other side could be thinking that they were clean but that was not the case for all the parties. The utterances by Hon. Babu Owino are a challenge to the courts and the world is watching how that case will be determined. If they take it lightly, it will be a demonstration that they take sides with the other side. What Mheshimiwa said is very clear. That was not taken kindly by this side and we demand an apology from him for having abused the mother of our President. I will now talk about the Supreme Court judgment. Having been a lecturer in the university, I have been observing presentations by students. Based on my skills, the way one of the judges presented tells me that she was reading something that was prepared by another person. I read in the newspapers that one of the judges is a close friend of one of the Senators around. So I believe that could be the Senator who prepared that document. Therefore---
It was in the newspaper and I have the newspaper that---
Senator, what did the newspaper say?
That Sen. Wako is a friend of the Deputy Chief Justice. Not Sen. Waqo the pastor around but the former Attorney-General. It was actually written in that newspaper. I wish he was around. I asked him in a very friendly manner how many wives he has when we were in Naivasha and he told me that he has so many of them. I wish that he was around so that he could clarify because in such cases, friendship can actually overflow to an extent whereby our judgement---
Order, Senator! It is true we need to encourage freedom of debate in this House. It is also true that it is a matter that was captured in the Nairobian newspaper. It is in public domain. We are yet to hear a rebuttal against that story mentioning a certain relationship between one of the Senators who belong to the NASA and also purportedly a certain judge. I rule you out of order! Do not mention him because he is not here. If Sen. Wako was here probably he could tell us whether the allegations appearing in this week’s
newspaper edition were true or not. Therefore, I rule you out of order since Sen. Wako is not here and hence kindly do not pursue that line. However, once he comes here he can give a clarification. Proceed with your contribution. You still have a minute or so.
Thank you, Mr. Temporary Speaker, Sir. I also want to tell my friends on the other political divide that our silence of not telling our people to come out to demonstrate does not mean that we are cowards; neither does it mean that we are guilty of electoral fraud. In fact, the people from where we come from are asking us whether to engage in demonstrations, but we tell them not to and that they should relax. We urge them to conduct our campaigns peacefully. This is because we do not want to risk going back to what happened in 2007. The world has now known the culprits who were supposed to be in The Hague in 2007. They are headed there. I want to tell the world to watch those who are inciting people to take to the streets. They should face the wrath of the ICC- so that we shall also test their ultimate ‘whatever’ when it comes to administering justice all over the world.
If they leave these people to continue inciting their supporters to demonstrate in the streets without providing a guide to them on how to demonstrate peacefully, they should also make them answerable for that when it comes to the climax part of it. These people should control their demonstrations in the streets. Otherwise, the whole world is watching right up to The Hague. That is what I know. Thank you, Mr. Temporary Speaker, Sir.
Thank you, hon. Senator. Yes, Sen. (Eng.) Mahamud, Senator for Mandera County.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Motion by Sen. Mwaura. Kenya is actually at a very dangerous stage. On 8th August we went to elections and Kenyans came out in millions and voted for their preferred leaders. When elections take place, thereafter people who were aggrieved usually take their matters to court so that they can be adjudicated on. There are several petitions which are before the courts today from various quarters. These include petitions for governors, Senators, Members of National Assembly and even Members of County Assemblies (MCAs). That is the route to take. For the presidential election, NASA went to the Supreme Court and they nullified the presidential election of 8th August, 2017. That should have been enough for Kenyans because we have a constitution which is almost the best in the world. It is a very liberal Constitution which allows people who are aggrieved to go to court to seek for redress. That was done. The presidential election is supposed to be repeated on 26th October,
Thank you, Senator from Mandera County. May I now give this opportunity to Sen. Mwangi, Senator for Nyandarua County. If there is any other Senator with an interest in talking please log in so that you get an opportunity to speak. Sen. Mwangi, it is now your time.
Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to contribute to this Motion and I would also wish to thank Sen. Mwaura for having moved this Motion. Mr. Temporary Speaker, Sir, you know as much as I do that on 8th August, 2017, there were elections held in this country. His Excellency President Uhuru Kenyatta won the elections with a very big margin of 1.4 million votes over and above what his competitor got. We were robbed of victory by the courts of this country. I say this because elections are about numbers. There is no evidence which has been adduced to show that we did not have the numbers that we got - the over 8 million votes – yet the ruling was that we go back and involve ourselves in another election. This is the worst thing that has happened to this country. It is imperative that when one wins an election, he is declared the winner in that election. Mr. Temporary Speaker, Sir, some of us were in the opposition in the early 1990s. We used to say that we want a change of the Constitution and that Moi must go. Eventually and ultimately, Moi went and we changed the Constitution, yet we still continue to behave as if we did not achieve what we wanted to achieve. It is time that Kenyans voted in responsible leaders. One can say that he is a leader or he would want to be a leader, but there is no point of forcing Kenyans to vote for them. Mr. Temporary Speaker, Sir, the idea of nusu mkate is one that cannot work. We can now see clearly that the opposition does not want elections; they have actually retracted; they do not want to go for the elections. The only thing they want to do is to cause chaos and mayhem in this country so that they can get their nusu mkate . But I would advise them that the best they can do for themselves is to look for votes. They should ask Kenyans to vote for them in the next elections. Unfortunately, Kenyans are set, now more than ever before, to vote for President Uhuru Kenyatta. This time round, Hon. Uhuru Kenyatta, the President of this country, will get more than 10 million votes. We will wait and see whether they will still go to the same Supreme Court they went to last time.
Could you add him more minutes to complete making his contribution? How many more minutes should we add you; five more minutes?
Yes, Mr. Temporary Speaker, Sir.
Okay, you have five more minutes.
Mr. Temporary Speaker, Sir, I am saying that there is a code of regulations in the Civil Service and it is controlled---
Could you switch on his microphone?
Thank you, Mr. Temporary Speaker, Sir. I was saying that the Civil Service has a code of regulations. If Hon. Raila Odinga wants to be controlled by the code of regulations within the Civil Service, he should apply for Chiloba’s job. But he cannot have his cake and eat at the same time; he cannot be a civil servant and at the same time be the President of Kenya. He wants to be the President of Kenya by force; he wants to go to the streets to impress the international community and show them that he is popular, yet Kenyans have rejected him.
Thank you, Sen. Mwangi Paul Githiomi, the Senator for Nyandarua County, for that good exposition. I will now give the opportunity to the Senator for Tana River, Sen. Wario Golich Juma. It appears you had spoken. I cannot recall the time so proceed.
Asante Bw. Spika, ningependa kuunga mkono Hoja iliyoletwa na Seneta Mwaura. Wakenya walitoa maoni yao tarehe nane mwezi wa nane na wakamchagua Rais Uhuru Muigai Kenyatta kwa wingi wa kura million moja nukta nne. Korti imeamua turudie uchaguzi na katika hali ya kurudia, Rais wetu Uhuru Muigai Kenyatta amekubali kurudi apigiwe kura tena na sisi tunahakika na wala hatuna shaka Uhuru Muigai Kenyata atashinda tarehe ishirini na sita na tumejitayarisha kurudi kwa uchaguzi. Bw. Spika, unavyoona nyumba hii wapinzani wengi wako nje barabarani pamoja na wananchi wa Kenya na wameweza kuwapotosha. Mimi ningependa sana wananchi wa Kenya wasipotoshwe na hakuna njia nyingine ambayo tunaweza kuamua uongozi wa nchi ila kupitia kwa kura. Bunge hii imepata fursa ya kurudi mashinani kufanya kampeini na kuwa tayari kufanya kampeini kwa amani. Lakini vile tunavyoona katika mji mkuu wa Nairobi, wananchi wamepotoshwa wakikimbia upande huu na ule. Mwananchi wa Kenya amepotoshwa. Hiyo sio njia ya kuamua uongozi wa nchi ya Kenya. Njia pekee ni ya kuenda kwa kura na kuchagua. Sisi hatuna shaka tukirudi kwa kura Jubilee itashinda na hatuogopi. Wale wanaogopa wamekataa mambo yote. Bw. Spika, Mimi nimeshangaa sana kwamba wanadai hawamtaki Chiloba katika Tume ya Uchaguzi, basi wanamtaka nani? Mambo yote hawataki; hata uchaguzi hawataki. Inafaa waseme kama wanataka “ mkate nusu”. Mkate nusu haupatikani kwa sababu sisi tumeshaenda kwa mashindano na wameshindwa. Ukishindwa, tulia. Mambo ya mkate nusu haiko katika haki hii. Tumesema na tukaamua, mmetuvuta nyuma na tukakubali. Mara hamkutaka Tume ya Uchaguzi ya Kamishna Isaac Hassan ambaye alienda nyumbani na tukaleta Tume nyingine. Mara hii, kila jambo hawalitaki, kama hawataki, nawasihi Wakenya wale waliopotoshwa kwamba nchi ya Kenya ni kubwa kuliko mtu binafsi. Tumefika mahali ambapo wale wanaotaka kutumia demokrasia vibaya wajue kwamba asiyekubali kushindwa si mshindani. Kama hawataki haya mambo yote, basi hawako tayari kushindana na kama hawataki kushindana sisi tayari tuko na Rais.
Senators, we do not have any other requests or interventions. I can see a request from Sen. Mwaura. However, the Standing Orders do not allow you to reply.
Hon. Senators having concluded the debate on this Motion, it is now time to adjourn the House. The Senate stands adjourned until Thursday, 28th September, 2017 at 2:30 p.m. Thank you. The Senate rose at 5.40 p.m.