Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visitors from Uasin Gishu and Meru County Assemblies.The officers are visiting the Senate on a one week attachment programme. I request each member of the delegation to stand up when called out so that they may be acknowledged in the Senate tradition. From Meru County:- 1. Mr. Stanley K. Karoney - Principal Finance Officer 2. Ms. Ann N. Kiberenge - Senior Finance Officer From Uasin Gishu County:- 1. Mr. Aaron Sitienei - Senior Clerk Assistant 2. Mr. Richard Yego - Clerk Assistant 3. Mr. Oscar Kemboi - Human Resource Officer Hon. Senators, on behalf of the Senate and on my own behalf, I welcome the delegation to the Senate and wish them well for the reminder of their stay. I thank you.

Hon. Senators, I wish to report to the Senate that pursuant to Standing Order 41(3) and (4), I have received the following message from the

Mr. Speaker, Sir, I beg to move Notice of the following Motion:- THAT, aware that the country is still in an election cycle, arising out of the requirement for a fresh Presidential Election in October, 2017; further aware that there is need to legislate on and address certain legal lacunas and in compliance with judicial decisions asking Parliament to legislate on certain matters to ensure that the elections conform with the provisions of Article 81 of the Constitution on general principles for the

Mr. Speaker, Sir, I beg to give Notice of the following Motion:- THAT, aware that cities, towns and urban areas in Kenya are increasingly getting overpopulated leading to overstretching of services and amenities; concerned that improper management of waste has become a major cause of pollution of neighbourhoods, water sources and other natural resources leading to the rise of environment-related diseases which cause many deaths; further concerned that in most urban areas, waste is dumped in an uncontrolled manner posing a great challenge to the wellbeing of urban dwellers, particularly those living near dumpsites; acknowledging that the problem continues to rise despite the efforts made to mitigate the problem through various statutory bodies, private entities and communities; the Senate calls upon the National Government to take immediate steps to develop effective waste management regulations and put in place proper disposal facilities, including for harmful waste and that this be done in consultation with all key stakeholders.

Next Order!

Order No.7; Statements

There is a request for a Statement from Sen. Mutula Kilonzo Jnr. However, since I cannot see him in the Chamber, I order that we proceed to the next Order.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, aware that the country is still in an election cycle, arising out of the requirement for a fresh Presidential Election in October, 2017; further aware that there is need to legislate on and address certain legal lacunas and in compliance with judicial decisions asking Parliament to legislate on certain matters to ensure that the elections conform with the provisions of Article 81 of the Constitution on general principles for the electoral system; noting that such election-related matters would ordinarily require consideration by the relevant Standing Committee of the House, in this case, the Standing Committee on Justice, Legal Affairs and Human Rights, which is yet to be established; further noting the limited period of time before the date of the said fresh election; cognizant of the urgent need to consider and conclude with all matters relating to the elections to allow the Independent Electoral and Boundaries Commission ample time to implement any changes related to the review of the election- related laws; NOW THEREFORE, the Senate resolves– a) to establish an Ad-hoc Committee to be known as the Ad-hoc Committee on the Election Laws (Amendment) Bill 2017 comprising not more than nine Senators, to undertake the functions of the Standing Committee on Justice, Legal Affairs and Human Rights, as contemplated under Standing Order 212 (3);

Mr. Speaker, Sir, I stand to second this Motion. It is a very critical and important time in the history of our country. Our major function, as the Senate, being to legislate for this country, I believe that this Motion is timely so that we can get the country back to stability. We have gone through elections and the Supreme Court nullified the presidential election results. As we move forward expecting to do our civic duty on 26th October, 2017, it is important that, as the Senate, we legislate on whatever gaps the Supreme Court pointed out or may exist so that as the elections are held on 26th October, 2017 the law is in conformity. As we move forward, I am impressed by the Senators, more so from the

Mr. Speaker, Sir, I rise to support the establishment of this Select Committee. This Committee is very important because it seeks to fill the gap that is occasioned by the boycott that we are witnessing here. In my opinion the boycott is inconsequential. This is because if you were to look at the provisions of the very Constitution, you would realise that people are trying to abdicate their duties, but avoiding being declared not to have attended sittings. By default they go ahead to validate the plenary sittings of this august House. Our own Standing Orders provide that this Select Committee will conduct the business that would otherwise be conducted by the Committee on Legal Affairs and Human Rights which is supposed to do the following: “To consider all matters relating to constitutional affairs, the organization and administration of law and justice, elections, promotion of principles of leadership, ethics and integrity; agreements, treaties and conventions; and implementation of the provisions of the Constitution on human rights.”

I do not see any other Senator who is willing to contribute. I, therefore, call upon the Mover to reply.

Mr. Speaker, Sir, I beg to move and request the Committee to move with expediency to ensure that we get good laws for the Republic of Kenya.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion:- THAT, the Election Laws (Amendment) Bill (National Assembly Bill No.39 of 2017) be read a Second Time.

Thank you Mr. Speaker, Sir. I rise to second this Bill. This Bill is actually a mirror of the Bill that I Tabled in this House. Generally, there is a perception that has been created out there that this Bill has taken away the power of the Chairman of the IEBC. It has also been said that it is a game-changer or it is going to affect or benefit so and so. This Bill has got nothing to do with all those perceptions that have been

Thank you very much, Mr. Speaker, Sir, for giving me the opportunity to contribute to this Bill. The Election Laws (Amendment) Bill (National Assembly Bill No.39 of 2017) amends the Election Laws Act and the Election Offences Act. The amendments in this Bill are very genuine. They are only providing clarity in the laws that are being amended. If there is a vacancy in the office of the chairperson, the law should provide for how to deal with the vacancy. There is a lacuna there. We are making provision on how a vacancy in the office of the chairperson will be filled. This is very nice. This Bill also makes a provision where the positions of chairperson and vice chairperson are both vacant. One of the members must act as the chairperson. Nothing is wrong with that. The intention of the Bill is very good. Mr. Speaker, Sir, when the Isaack Hassan team was removed – I was in that Joint Committee chaired by Sen. Kiraitu and Sen. Orengo – before then the Members of the Commission were nine. We reduced the number to seven. The law then forgot to adjust the quorum that is required. So, if they were nine and the quorum was five – what the Bill now provides is that, if they are seven let three become the quorum required to proceed with work. In fact, in most of the ---

On a point of order, Mr. Speaker, Sir, there is a trend of hon. Members on the other side coming here to just log in and go away. This should not be allowed. There is need to change the Standing Orders so that Members of Parliament come to Parliament to participate as they have been elected. Thank you, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. I am surprised by the utterances of my colleague, that members of the NASA coalition only come in to sign in and leave. I am a Member of the NASA and I am here. What surprises me is that the hon. Members from Jubilee are blind to the fact that our country is torn in between. They are

What is your point of order, Sen. Cheruiyot?

On a point of order, Mr. Speaker, Sir, in proper parliamentary procedure, when a Member rises on a point of order, they point out something that is out of order in the House. To the best of my recollection, the very distinguished Senator for Garissa rose on a point of order and raised something that is extremely valid and of great national importance. When my good friend, Sen. Malala, rose to dispute his point of order, I expected that he would, in keeping with the traditions of this House, also point to us what it is that he finds to be out of order. Instead he is going into a long lecture that has no substance and will not aid this House. Mr. Speaker, Sir, I plead that you rule him out of order and declare his point of order void under the rule of ---

Relevance!

Relevance. Thank you, Sen. Sakaja. That is the word that I am looking for. He is completely irrelevant and out of order.

Sen. Malala is still on his feet.

Mr. Speaker, Sir, I forgive him. He is still learning the traditions of this House. As my good friend, I understand his mistakes.

What is your point of order, Sen. Malala?

On a point of order, Mr. Speaker, Sir. I would like to inform my colleague, the Senator for Kericho County, that we cannot have a Parliament without having a country. We cannot pretend to be sitting here passing legislation that will bring back the Nyayo era in this country yet we pretend that all is well. So, I inform my colleagues that whatever you are doing will be null and void. There is nothing you are doing here. You are just choreographing legislation that will burn down our country. I am telling you as the Senator for Kakamega that the Jubilee Government has no interest in the people of Kenya.

You can dispute but you will listen to this. I am surprised that hon. Members can come to this House without reason.

Order, Sen. Malala. I remind you of the rules of engagement. You should not impute improper motives on fellow Senators.

On a point of order, Mr. Speaker, Sir. But it is a shame for hon. Members to be seated here while the country is burning!

Order, Senator!

Mr. Speaker, Sir, to be precise, my point of order is that the Senate is made of two coalition; Jubilee and NASA.

Order, Senator! I rule you out of order. Let us proceed.

Mr. Speaker Sir, as I was saying before being interrupted by a colleague who was totally out of order, the Bill addresses the issue of the quorum of the Commission. It is only in order that we change the quorum because the Commission now has seven members. When this initial law was made, there were nine members of the Commission. Therefore, it is only fair that the numbers are adjusted accordingly. I see nothing wrong with that. The Bill is trying to make it clear, so that we can have some order within the Commission. The Bill also addresses the issue of transmission of presidential results. In fact, the provision now is to transmit electronically and physically. There is nothing wrong with that. It only makes it clearer; that you deliver both electronically and physically. Where the electronic system fails, at least, we will have the physical forms delivered. Tallying and verifying will be easier that way. Where there is discrepancy, of course, then there is a provision made. In fact, in the initial law there was no provision for what happens when there is discrepancy. As far as I am concerned, the Bill has good intentions. It will make the work of the Commission easier and better in terms of managing the elections. The complementary mechanism that was in place last time was confusing and a bit complicated. It was required that when you revert to that system, you call the county returning officer at the headquarters. There is no telephone network in some places where some of us come from. As a result, there was a lot of confusion. We require a system which is very simple, accurate, verifiable, secure, accountable and transparent as provided for under Clause 8. Our colleagues who are making a lot of noise about this Bill have not read it. The Bill is simple and straightforward. It actually makes things easier for this country. Our friend here has just talked about the country burning. We should be careful about such people who want to burn the country. We have seen a lot of things happening today and yesterday. One person withdrew and another one rejoined the race today. There is a lot of

in the law. In fact, this Bill makes it clear as to what happens in the event that there will be a petition; what happens thereafter, who will call the elections; who will participate in the elections, and if you withdraw what happens. This Bill will make all these clearer. I would like to appeal to our colleagues who are not here and are busy confusing Kenyans. Kenyans are actually getting confused more and more. If they want to write themselves off, let them not write off Kenya because it is our country that we love dearly. They should come back to their senses because life must go on. Come 26th October,

Thank you, Mr. Speaker, Sir, for giving me the opportunity to address myself to the Election Laws (Amendment) Bill, 2017. I rise to support the proposed amendments for several reasons. First, the amendment, as appearing in the first Bill, is in respect to amending Section 2 of that original Act, so that we have a new definition of the term ‘chairperson.’ If the proposed amendment passes through, the ‘chairperson’ will mean the chairperson of the Commission appointed in accordance with Article 250 (2) of the Constitution or the vice-chairperson or a member of the Commission when discharging the functions of the chairperson. There was a major lacuna in the original Act. It did not provide for a chairperson assuming the responsibility of the chair in the absence of the substantive chairperson. We all know that anything can happen to the chairperson. The chairperson may be absent on account of being sick or official duty outside our territorial jurisdiction. Therefore, it makes a lot of sense for us to expressly provide that we have a situation where the vice- chairperson or any other member can be appointed and discharge the functions of the chairperson. We have other entities, independent commissions and arms of the Government which have a similar arrangement. I refer you to the Parliamentary Service Commission, Judicial Service Commission and any other entity. It was only in the IEBC where we had elevated the chairperson to be like the sole custodian of wisdom and everything. We did not have a situation of a deputy relieving him. There is the notion that maybe this amendment is geared towards whittling down the powers of the Chairman of IEBC. That is not true. From where we sit - those of us who belong to the Jubilee Party- we have no problem per se with the Chairman of IEBC. The country should take this point very seriously. When I look at all the laws, President Uhuru Kenyatta ought to be sworn in as the new President as soon as possible; I will tell you why. First, the NASA Coalition is relying upon the judgement of 2013 that was rendered by the Supreme Court to argue that we should have fresh nominations and elections. However, there is a problem with that reliance. Paragraph 290 of that judgement has several errors. First, there is what we call obiter dictum, that is, a ‘by-the-way’ finding of the court. It is not a substantive finding of that court or what we call ratio decidendi . It does not appear in the main judgement of that court. That means that there are some parties who did not even have the opportunity to file submissions on that issue. Therefore, one cannot say that a so-called ‘by-the-way’ finding can have major legal import of great proportion by which NASA is trying to import. Secondly, there is also the issue of the wording in that clause. I have looked at the wording and noted that it makes reference to a non-existing provision in the Constitution.

Mr. Speaker, Sir, I rise to also support the amendments to this Bill. If we do not do any amendments of the Constitution, we can allow it to survive the errors and fallacies that can allow it to be interpreted differently by different people. I have also read this document. As a teacher of linguistics in the university, there are several fallacies, ambiguities and grammatical errors in this Act that can only be addressed by these proposed amendments. These amendments can reduce various interpretations, making it easier to be used as a tool that can drive the country to the right direction. Times and needs change throughout the course of history. Therefore, there is the need for a document that can adapt to the changes. Our friends should believe strongly that change is the only thing that can remain when everything else has gone. Even if another need arises today, we shall keep on amending this Constitution and not sitting and watching things going their own ways. I want to allude to a situation where you are in your house preparing to sleep, a snake enters and hides under the bed. Would you wait until morning to kill it? Amendments must continue to address the needs of the times in a society. The

Thank you, Mr. Speaker, Sir. I beg to support this Bill as my colleagues have done. First, I acknowledge that the elections of August 2017 were not only unique, but exceptional in the history of this country. This is because these are elections which were the second elections held under our new Constitution. This country remembers that in the year 2010, we gave ourselves a new Constitution. We conducted our first elections in 2013 under that Constitution and a lot of lessons had to be learnt and have been learnt since then. Mr. Speaker, Sir, after the elections of August 2017, all the lessons that were carried forward from the previous election had to be implemented at this time. The new Constitution that we gave ourselves contains the prescription that has been quoted over and over again; the mandate of the IEBC. That mandate is clear; to deliver free, fair and credible elections. For the IEBC to deliver free, fair and credible elections, there has to be a platform; there have to be rules to the game that would make it possible to deliver those

Your time is up, Sen. Wamatangi. Let us have Sen. Beth Mugo.

Thank you, Mr. Speaker, Sir. From the onset, I support this Bill. Had this Bill been enacted earlier than 8th August, 2017, I do not think the Presidential elections would have been annulled. This Bill seeks to fill the gaps as they were found by the Supreme Court judges in their majority ruling. This is not to make it easier for the Jubilee Government to win the elections but to make the election of the President, now and in future, free, fair and transparent and to reduce the many questions that were asked by the judges. It is surprising that our colleagues in the minority coalition find fault with this Bill. Indeed, they should applaud it. They should be here to amend any area that they feel is not in line with the existing laws. As I had earlier said, when I seconded this Motion, instead of lumping all these clauses of the Bill together, the minority coalition should say this or that clause supports Jubilee, therefore we will not support it. Because they know that is not the case, they avoid coming to this House to argue their case out and serve their electorate. They come to the House to check in their attendance so that they can get their salaries at the end of the month. As we know, there is a limitation to the total number of House sittings a Senator can be absent from without permission during any Session. When they are out there, they tell their followers not to go to work but instead go and cause mayhem. What kind of leadership is that? Mr. Speaker, Sir, having said that, I would like to congratulate the Joint Select Committee for a job well done in a very short time. I believe they were not sleeping. Some of us watched some of the people who made presentations and many of them supported this Bill.

Thank you, Mr. Speaker, Sir. Allow me to join my colleagues in supporting this Bill. I will pick up from where the great Sen. Mugo has stopped. Exceptional times, and I must add extraordinary times, call for extraordinary measures. Indeed we are living in extraordinary times. We are living in a time when a democratically elected President has his election annulled, not because he got less votes. In fact, there was no question in the Supreme Court about the number of votes, but because one or two forms were not stamped. No question was ever asked even about the content of the forms, but only because some did not have watermarks, et cetera. We are living in extraordinary times because a petitioner who goes to the court asking for annulment of the election is granted his wishes and prayers and told that we

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

What is your point of order Sen. Olekina?

Mr. Speaker, Sir, I rise under Standing Order No. 94 which is on responsibility for statement of fact. I would like to request Sen. Sakaja to substantiate his claim. I have listened to him talk even when I was coming in. He has said that the former Prime Minister intends to kill the people that he wants to serve. I have heard that statement and it is quite troubling. It is important that when a Senator provides certain information, he should table the facts that he has in this House.

Mr. Speaker, Sir, everybody knows the context in which ‘peaceful’ demonstrations have been held in this country for many years. It is utterly irresponsible

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

What is your point of order, Sen. Olekina?

Mr. Speaker, Sir, for the respect of this House, it is absolutely ludicrous for a hon. Member to allege that the former Prime Minister, whom we respect a lot, has asked people to go and show us their underwear. What he needs to do is to not just to provide allegations or hearsays. The Standing Orders are very clear. He ought to provide the evidence, substantiate or he withdraws and apologises. Mr. Speaker, Sir, I wait for you to rule on that.

Proceed.

Mr. Speaker, Sir, I hope that my friend, Sen. Olekina, reads the Standing Orders and procedures. First, we cannot discuss the conduct of the former Prime Minister because he is not a Member of this House. Secondly, I am more than happy to provide recordings of where he has asked women to show him underwear unless nguo ya ndani means something else. In fact,

is the word he used. I will also provide evidence where he asked those young people to show up. I am shocked that Sen. Olekina has not seen that. He is not sure of what he is going to take his leader through. Mr. Speaker, Sir, allow me to go on.

Proceed.

Mr. Speaker, Sir, I was going to the substantive provisions. I hope that you are pausing my time because this is becoming vexatious and frivolous. The first provision that we have looked at in this Bill and everything is in order. I was talking to Sen. Kajwang and he said that we are shortening time yet it has been done before. For the Constitutional Amendment Bill 2008, the publication period was reduced from 14 days to five days. The National Accord and Reconciliation Bill was reduced from 14 days to five days. The Security Laws Amendment Bill in 2014 was reduced from 14 days to one day. The Anti-Doping Bill was reduced from 14 days to seven days. It has been done severally. This is one of those exceptional times that it must be done. On the provisions of the Chairman and I am glad my colleague, Sen. Wamatangi, has alluded to that fact, we were providing for an eventuality that can happen. If the law is followed as it is today without implicit reference to Article 259(3)(b) of the Constitution, once votes have been tallied, have been added and are just waiting for declaration of the President, if Chebukati, the Chairman of IEBC decides to resign, this country will have to wait for us to begin the process of hiring a new Chairman of IEBC before we declare the results that are right before us. Is Parliament wrong to provide perpetual continuity and succession within the IEBC? Of course, not.

Thank you, Mr. Speaker, Sir. I stand to support this Bill. First of all, I want to appreciate the leaders and also this House for their faith in me by nominating me as one of the Members of the Select Committee. That has given me the opportunity to learn and also to better understand the Bill. It has also given me a good opportunity of interacting with Kenyans who came forward in numbers and expressed their feelings and told us why this needs to be done. In fact I was severally moved by the women who came forward and shared their concerns. I remember one woman saying, “We, as women, are the people who suffer anytime elections are held in Kenya.”She further said “even today, we are suffering. Many women even after the elections of 8th August, 2017, were raped and displaced. Many of them are suffering and nobody talks about them just because of the chaos caused by our colleagues.”So, I stand to support this Motion and also pray that very soon, Kenyans will enjoy the fruits of this. Mr. Speaker, Sir yesterday in the evening we were all bothered by the news that came up. This morning again, there is news that someone else is considered to vie for the presidency. I support that very much, but in the dynamics that we are in, we may not know where we are heading tomorrow. As an African woman when I see demonstrations on the streets of Nairobi and when I see women removing their clothes and exposing their private parts, I am shocked because that is un-African. We are misbehaving and showing our young people a very bad example. I do not know what we are doing about this as leaders. It is my prayer that our women out there will not be misled by the politicians, because they are being misled. I remember that even in the past, when African women did not have any clothes to put on, they used to cover their upper part and the lower part such that nobody could see their private areas. It is unfortunate today in our modern society that a woman who left her husband, her children and home in the morning could openly do those things in front of others and expose everything on her body. Mr. Speaker, Sir, visionary leaders consider their people and the times they are in. We are leaders and legislators. Politics is perception and many people have perceived what we are doing in the wrong way. But the bible says ‘my people perish due to lack of knowledge.” I, therefore, urge Kenyans to take time to go through the proposed amendments so that they can understand and argue from that point of view of understanding and making others understand, instead of just brushing it off and saying that what we are doing is killing Kenyans. Mr. Speaker, Sir, the big question that Kenyans are asking today is; whether we are in a political crisis or in a constitutional crisis. I think that the crisis we are in is man- made; we are the ones who are doing that, especially the NASA people. As I was driving to Parliament today, we were so scared and I saw many Kenyans running helter-skelter. What are we trying to do when we confuse the entire nation? The NASA team, it is high time for you to come forward and join the others. Your candidate has already resigned and we do not see why you should be on the streets to confuse Kenyans. Mr. Speaker, Sir, I support this Bill, firstly, on the Chairmanship. The proposals and definitions given therein will help Kenyans to go forward. The Amendments proposed will not only help the Jubilee team, but the entire nation. It is high time for us to

Mr. Speaker, Sir, I thank you for giving me this chance to make submissions and thoughts about the Bill that is before us this afternoon. I start from a discussion that has taken place in so many fora. Last week when we sat down to do the public participation during the Joint Select Committee, a good number

What is your point of order, Sen. Mwaura?

On a point of order, Mr. Speaker, Sir. Listening to the contributions of Members, and considering the time, a lot of issues have been canvassed yet the interest is still very high. With your indulgence, I propose that we reduce the speaking time to three minutes.

Many issues have been well articulated. I grant three minutes. What is your point of order, Sen. Sakaja?

On a point of order, Mr. Speaker, Sir. I just need your direction. There was an issue that had been raised for me to substantiate. I request that you direct that a projector is provided tomorrow so that I can show this chupi business and the words of Hon. Raila in front of the House. Could you direct that I get such projection facilities to show clearly before the Senate that word “ chupi ” did not come from me? The demand to see under wears came from the words of Hon. Raila. It would be of benefit to the House to see.

Most of the Members watched the clip.

So, I do not have to substantiate?

You do not have to substantiate anything.

To preserve the dignity of this House, I oblige.

Proceed, Senator.

Mr. Speaker, Sir, I need your guidance. Naturally, when laws are made, they are not made in such a way that you can canvass back to would be offenders or so. I was already on my feet making my contributions before Sen. Mwaura rose on a point of order. So, do I have three or 15 minutes?

That will be from the next speaker.

Thank you, Mr. Speaker, Sir. I will be gracious enough. I will not take 15 minutes. I will be mindful of my colleagues who would wish to make a contribution. Let me continue from where I was before I was interrupted. Many speakers have debated this issue on whether it is right for us to legislate as a House especially at this very interesting time in our country. I wish to remind everybody who cares to listen, is mindful and sincere in their hearts that they wish the best for this country, that the only way we can have a country where we all live, and which we celebrate and rejoice to be members of, is if we respect the Constitution and the institutions that are therein. Parliament is a congregation of the people of Kenya. I have said times without number that the 47 elected Senators plus the 20 nominated Senators in this House are a representation of the 45 million Kenyans. When they stand to speak in this House, they do so, on behalf of the people of Kenya. Each afternoon when I rise and make a presentation, I make sure that I consult the people of Kericho who have sent me to this House before I make my submissions.

Thank you, Mr. Speaker, Sir for giving me this chance to also contribute to this important Election Laws Amendment Bill. However, just before I speak, I also want to bring to the attention of all Kenyans, the international community and also the religious group that Parliament is rightfully in place. It is the mandate of Parliament to legislate according to our Constitution, Article 94. If I just read Article 94, Section 5, it clearly indicates that: “No person or body, other than Parliament, has the power to make the provision having the force of law in Kenya except under authority conferred by this Constitution or by legislation”.

You had three minutes. One more minute. Just conclude.

Mr. Speaker, Sir, I was bringing to the attention of this House that there is an area called Torosei in Kajiado County where you wake up and there is no network in a certain place, electronic transmission may be a challenge. We should not depend on electronic transmission. We shall have missed the point because we shall have missed the votes of those Kenyans who voted that day. Today in the morning, some of us woke up without Safaricom network. We could not call until 9.00 a.m. So, in a situation where on 26th we do not have network then what will happen? I really want to support this Election Laws Amendment Bill.

Thank you, Mr. Speaker, Sir. I also rise to support the amendments. I would start by saying that I represent Kirinyaga County which has close to about 600 000 human beings. I also want to add that most of them are descendants of children and great grandchildren of the Mau Mau fighters. They sent me and said that I need to be clear and state that the fact that they have been keeping quite is not that they are cowards. They are just trying to follow the laid down procedures of trying to create a harmonious Kenya. They asked me to support the amendments. Indeed, eight groups from various interest groups in Kirinyaga County did present their views at the County Hall. They supported most of the proposed amendments. Like I said, where we come from we say: “Even those who do not die go visiting.” That is a direct translation of my language. I would like to say that the Chairman or anybody can be absent at the hour of need. So, it is important to give that provision and allow somebody else to deputise and to be able to announce the results, if such an eventuality occurs. Lastly, I was just wondering whether moving forward, we will continue to allow the fraudulent stealing of taxpayers’ money. Every time I see my righthand side, I normally see people come, log in and walk out in less than seconds. I believe it is high time we came up with a deterrent measure to ensure that we do not benefit illegally by taking taxpayers’ money without working for it. I support the amendment.

Thank you very much, Mr. speaker, Sir. I also rise to support this Motion for the fact that right now the country is still in an election cycle. If this Bill

Bw. Spika, nasimama kuunga mkono Mswada huu. Wakati huu ndiyo mzuri zaidi wa kufanyia sheria hii mabadiliko. Hii ni kwa sababu inajulikana wazi kwamba sheria inatengenezwa wakati mwingi kukiwa na vurugu na vita. Ni vizuri tutengeneze sheria hii wakati huu. Kuna ndugu zetu ambao wanatembea wakisema ya kwamba hakutakuwa na uchaguzi bila mabadiliko ya sheria. Mabadiliko ya sheria hayawezi kufanywa katika maandamano kule Uhuru Park au sehemu zingine zozote isipokuwa hapa katika Bunge ambako tunatunga sheria. Tumekuwa tukiwasikiliza hawa ndugu zetu wa upinzani wakisema maneno mengi. Ijulikane wazi kwamba uvumilivu wetu si uwoga. Sisi ni watu ambao tunapenda sheria na tutaifuata. Hasa Mswada huu unaweka wazi maana ya neno ‘mwenyekiti.’ Hakuna kitu kisichokuwa na mbadala. Ni vizuri kuwa na naibu Mwenyekiti anayeweza kutangaza mshindi wa uchaguzi wakati Mwenyekiti hayuko. Ni vizuri ijulikane ya kwamba mshindi alikuwa ni Mhe. Uhuru Kenyatta. Wanaogopa kwa sababu hata uchaguzi ukifanywa leo, mshindi atakuwa ni Mhe. Uhuru Kenyatta. Itakuwa hivyo hata tarehe 26 Oktoba. Naunga mkono Mswada huu na mambo yote ambayo yametajwa, hasa idadi ya Makamishina inayohitajika kufanya uamuzi. Ni lazima wawe nusu yao ama zaidi. Haya yote ni mabadiliko yanayohitajika. Tusipoyafanya ukienda kortini mahakimu watatoa uamuzi wao na kusema kuhusu mabadiliko ya sheria ambayo sisi Wabunge tunafaa kufanya. Tukitengeneza sheria nzuri ambazo ni wazi, hakuna kitu kitamfanya hakimu---

Your time is up. Sen. Ndwiga Peter Njeru.

Mr. Speaker, Sir, first, I want to laud our Members who sat in the Committee for representing us very well. Afterwards, they have also expounded the merits of this Bill in the House. Because of limited time, I do not wish to repeat what has been said by my colleagues, but I wish to say the following. One, if we imagine that people are in the streets because of this Bill or the IEBC, we are missing something. Long before the election of 8th August, 2017, some of us warned that since some people knew that they would not win any election, they would not accept the results. Even if elections are held in December, January or whatever time, there is no way that these people will win any election. Therefore, let us stop courting them to come to the House. They will still come because they need their salaries. As a House and country, we need to realize that the objective of these demonstrations we see in the streets is not about these elections, but to divide this country; they want to secede. Let us not be blind to the facts that our colleagues out there have subtly said that for as long as the country remains the same, they will never ever win any election. They did taste a bit of power during the ‘ nusu mkate’ Government and that has gotten into them. They still want to be in Government by any means. I think it is imperative for us, as a nation and House, to get---

What is your point of order, Sen. Paul Mwangi?

Mr. Speaker, Sir, it is not a point of order. I wanted you to know that I want to contribute to this Motion.

Mr. Speaker, Sir, we have only three minutes to contribute.

Proceed.

Mr. Speaker, Sir, I want to recap what my neighbour from Kirinyaga said; that we are not quiet because we do not know what to do. Those of us who are remnants of the Mau Mau war know what needs to be done. However, we want to obey the law and have a peaceful country. We do not want to send this country into chaos. I beg to support.

Mr. Speaker, Sir, I am a beneficiary of the three minutes rule and know that, that time is very short. I laud everyone who has contributed. There is something that is happening in this House, which is that debate is one- sided. The plus side to that is that this side is getting to be sharpened as better debaters, because they have the opportunity to debate all the time. I worry about the other side and the situation where we will have one side--- It is like sitting on a see-saw and there is nobody on the other side. We need each other. I want to appeal that debate in our tradition is adversarial. We need to get challenged. There may be areas even in this Bill that I do not like, but I have no one to challenge me. So, I get going without anybody challenging. The desire for debate and to be challenged needs to be introduced in the House. I was challenging my friends on the other side that they are missing out on the nature of debate. So, all those on this side, who have now become sharpened to debate, are benefitting but we need the other side to grow as well. Mr. Speaker, Sir, I know a lot about technology. Once we agree in our electoral laws that we fully embrace technology in transmission of results, we must provide that

Thank you, Mr. Speaker, Sir. I rise to support this Bill. The amendments that we are discussing have become necessary because of the situation that we progressively noticed and which we find ourselves in, under the new Constitution. This Constitution is a challenge. Today we are discussing the Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017) and, probably, tomorrow there will be another issue. We need to interrogate this Constitution further after we are through with this Bill. The amendments are specific and are actually clarifying various ambiguous situations that were left to the interpretation of the Supreme Court. Anybody reading any other motive is missing the point. This country is suffering. We cannot afford the quagmire we find ourselves in. A country where the Government is not clearly defined in accordance with the Constitution is the worst thing that can happen. What we are witnessing today in this country is costing our economy tremendously. Yet, our priority in this country right now is to create employment opportunities for the youth and develop other sectors of the economy. It is our duty as the Legislature in this country to pass this Bill so that we move the country forward. In all elections, there has to be a winner and a loser. This country should not be subjected to the kind of quagmire that we are seeing and sideshows to satisfy some self interest of some individuals. I support the amendments because this is the wish of my constituents and the majority of Kenyans. This is what democracy is all about. Personally, having read these amendments, I see no reason anybody would think that they conflict any constitutional interest. I beg to support.

Thank you, Mr. Speaker, Sir. The Election Laws (Amendment) Bill (National Assembly Bill No. 39 of 2017) is timely. I am glad that the rights of voters as envisaged under Article 38 of the Constitution will now be fortified and sanctified. I agree also that as provided in the principles of elections under Article 81 of the Constitution, there is no bad timing. Going forward, we want to see that the conduct of our elections maintains its integrity. I come from a place where there are rain makers. I am glad that it has started raining since the withdrawal of Hon. Raila Odinga as a presidential candidate. It means that this nation is blessed and President Uhuru Kenyatta will win again. I support.

Thank you, Mr. Speaker, Sir. That is a good comical relief. Indeed, when you see the intensity of the rain, then you know that we are about to plant and harvest. Mr. Speaker, Sir, I rise to support this amendment. A lot has been said about it, but I do not think we can say that there is any single amendment that is not in the best interest of this country. All the amendments are anticipatory and, therefore, are designed to ensure that we avert a crisis in the event of a situation arising and there is a lacuna in law. In fact, we have found ourselves where we are because we have some blind spots in the Constitution and, of course, the role of Parliament is to legislate. Until today, this country was being held at ransom by the fact that we had only two candidates running for the repeat Presidential elections. It is not a must that a particular candidate is the only one who can be the President of this republic. In this case, I mean, Hon. Raila Amollo Odinga. There are so many Kenyans who are qualified and who can superintend over the public affairs of all of us. Mr. Speaker Sir, I am very encouraged that the Judiciary has also started to respond. When you go by the whims and the desires of an individual at the expense of a country, putting the lives of 45 million Kenyans in jeopardy, that is totally uncalled for. We must have a situation where, even when matters are before any court of law, there is no ambiguity in terms of interpretation of the law. That is what we are doing; we are exercising our democratic role. With the kind of example that the NASA coalition has shown us, I urge Kenyans to realize that these are not leaders that this country deserves. Indeed, the future of this Republic is more secure under the leadership of His Excellency, President Uhuru Muigai

Kenyatta and his deputy, William Samoei arap Ruto. Hon. Raila Odinga, in my opinion, has failed to demonstrate leadership; he is an anarchist and in my own submission, I want to imagine that he wants to precipitate a constitutional crisis so that he

On a point of order Mr. Speaker, Sir.

What is your point of order, Sen. Ndwiga?

Mr. Speaker, Sir, this amendment has been sufficiently debated. Will I be in order to request that the Mover be called upon to reply? ( Hon. Senators spoke off record.)

Order, Hon. Senators! Order! I do not see on the console a request from any other Senator desiring to contribute. I therefore call upon the mover to reply.

Thank you, Mr. Speaker, Sir. I have listened to the contributions of hon. Senators; and I must say that these are distinguished contributions. I have also noted the passion and the commitment of the Senators from the Majority side. We have almost 40 Senators and 35 are seated in this House today; and we have more than 25 delegations that are ready to pass this Bill.

The Deputy Speaker, Sen. Kindiki, will bear me witness that it was not easy in the last Parliament for such number of delegations to be seated in the House continuously from 2.30 p.m. to this moment, and this is commendable.

As I had said earlier, history will record and appreciate the Senators who have made these tremendous contributions on behalf of the great Republic of Kenya. History will record us right that at such a time as this, we took our responsibility seriously by filling the gap to provide legislative solutions to the problems we faced. With those many remarks, Mr. Speaker, Sir, I beg to reply. Thank you, Mr. Speaker, Sir.

Hon. Senators, I wish to confirm that this Bill affects counties and, therefore, voting will be by delegation. I now direct that we proceed to an electronic division. I, therefore, direct that the Division Bell be rung for two minutes.

Hon. Senators, the division bell has stopped. I, therefore, direct that the bars be drawn and the doors be closed.

Those who have challenges in using the electronic system can approach the Clerks-at-the-Table to be assisted to vote manually.

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

I now direct that the doors be opened and the Bars drawn.

Looking at the time, we will postpone Motion No.11 to tomorrow.

Hon. Senators, we have come to the end our business today. There being no other business, the senate therefore stands adjourned until tomorrow, Thursday, 12th October, 2017, at 2.30 p.m. The Senate rose at 6.15 p.m.