Hon. Senators, as you are aware, Article 215 of the Constitution establishes the Commission on Revenue Allocation (CRA) with the mandate to, among others; a) make recommendations concerning the basis of the equitable sharing of revenue raised by the national Government between the national and county governments and among the county governments; b) make recommendations on other matters concerning the financing of and financial management by the county governments as required by the Constitution and national legislation; c) determine, publish and regularly review a policy in which it sets out the criteria by which to identify the marginalized areas for purposes of allocation of the Equalisation Fund under Article 204 (2) of the Constitution. The activities of the CRA are vital to the implementation of the constitutional mandate of the Senate as set out in Article 96 of the Constitution and there is, therefore, need for the two institutions to continuously engage in the discharge of our respective mandates and functions. Senators may also recall that during the induction workshop for Senators held at Naivasha in September, 2017, it was resolved that regular consultative meetings between the Senate and the CRA are necessary for the effective and efficient implementation of devolution. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, on 29th November, 2017, I also received a letter from the NASA Coalition on the leadership in the Senate. I therefore wish to table the names as received; 1. Deputy Minority Leader – Sen. James Aggrey Bob Orengo 2. Minority Chief Whip – Sen. Mutula Kilonzo Jnr. 3. Deputy Minority Chief Whip – Sen. Petronila Were The Senate will with time implement and constitute other committees as I gave directions yesterday. I thank you.

Mr. Speaker, Sir, with your permission, I would like to thank you for the two communications. First of all, on the CRA issue, we play a very critical role as the Senate in ensuring that equity is achieved in our country and many Senators here are particularly concerned on the issue of marginalized areas vis-à-vis marginalized communities and the question of allocation of resources on the basis of marginalization and the Equalisation Fund. That is an issue that we debated in the last Parliament for the five years and, therefore, Senators must take the meeting that has been convened seriously. On the second communication, I would like to congratulate the hon. Senators who have finally been appointed by the NASA Coalition to serve in the leadership of this House. There was a very heated debate when you were away; the Deputy Speaker was on the Chair when the question of leadership was debated. Now that we have leadership on both sides of the House, I would like to start by congratulating Sen. Orengo. I am on record having stated that he is one of the persons who inspired me to study law. I would like to congratulate him on his ultimate and final rise into the leadership of the House as a Deputy Minority Leader. Mr. Speaker, Sir, I also congratulate my colleague, Sen. Mutula Kilonzo Jnr. who is very astute, committed and hardworking. Our sister, Sen. Were, will prove herself with time because I never had the opportunity to work with her. I congratulate the Minority Side for finally providing a list; unlike the other House, we have representation of women to their leadership. The Majority Side of this House must be lauded for having two women in the leadership of the House and not in small positions but in the positions of Deputy Majority Leader and the Majority Whip of the Senate. This shows our commitment to gender equity. I believe that as the Senate, we can work as a team. Mr. Speaker, Sir, the one thing that I request our leaders in the Minority Side is; now that the election is over and we have the President in office, and leadership in the Senate, we need to engage the Executive and the leadership of the National Assembly on The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 30th November, 2017. REPORTS OF THE AUDITOR-GENERAL ON THE FINANCIAL STATEMENTS OF VARIOUS COUNTY GOVERNMENTS Report of the Auditor-General on the financial statement of Vihiga County Executive and Assembly Report of the Auditor-General on the financial statement of Kakamega and Murang’a County Executive for the year ended 30th June, 2016 Report of the Auditor-General on the Taita-Taveta County Assembly Revolving Car Loan Scheme for the year ended 30th June, 2016 Report of the Auditor-General on the financial statements on the Lamu Water and Sewerage Company Limited for the year ended 30th June 2016 Report of the Auditor-General on the financial statements of Kajiado County Emergency Fund for the period ended 30th June 2015

Mr. Speaker, Sir, I will come back to the business of the Senate for the coming week later.

The answers to the Statements listed in the appendix are there but since the Senators who sought the Statements are not there, we will defer them to next week. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, we have agreed with Sen. Cherargei that further consultations need to take place before this Statement is issued to satisfy the standards that he wanted and he is in total agreement.

Senate Majority Leader, you have a Statement to issue on alleged murder of Micah Kiplimo and Stanly Kipchirchir at Chesuwe Trading Centre, Kilibwoni. BRUTAL MURDERS OF MICAH KIPLIMO AND STANLEY KIPCHIRCHIR AT KILIBWONI WARD IN NANDI COUNTY

Thank you, Mr. Speaker, Sir. At a sitting of the Senate held on 10th October, 2017, Sen. Samson Cherargei requested for a Statement regarding the alleged murder of Micah Kiplimo and Stanly Kipchirchir at Chesuwe Trading Centre Kilibweni Ward, Nandi County. The hon. Senator particularly sought to be informed on; (1) The state of security in Nandi County Town including the number and the nature of crimes reported since the beginning of this year; (2) The Steps that the police have undertaken to investigate the murders and track down the perpetrators of the aforementioned murders and similar crimes in Nandi County; (3) Whether there is police and national administration laxity on these murder cases, and, (4) The measures that the national Government and in particular the Inspector General of Police is taking to curb such crimes and compensate the families of the two victims as well as other families who have lost their loved ones under similar circumstances. I wish to state as follows: Mr. Speaker, Sir, generally, Nandi County has been calm throughout the year 2017. Appended here below is a list of crimes that have been reported in Nandi Central Police Division since the beginning of the year. Murder: eight cases pending before court, pending arrests of known persons, one, finalised, nil, which totals to eight. Rape: Three cases pending before court, pending arrests of known person, nil, finalised cases, nil, total three. Defilement: 41 cases pending before court, pending arrests of known persons, nil, finalised cases three, total 44. Assault: 124 cases pending before court, pending arrests of known persons, nil, finalised cases 3, total cases 155. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. As a matter of clarification, the Statement has not stated that some of the alleged young men that were killed had mental problems. It is inconsistent with what happened and on what time because we had not given the time that the police are alleging that they stole the television. Another clarification is that the suspects who are still at large are known within the community and they live around.

Mr. Speaker, Sir, defilement and rape are serious offences. I am wondering why so many of them are appearing on that area. Could it be that people are drinking and smoking bhang a lot? What is contributing to this thing? The Ministry should find out. These are many cases. Next time it can rise to 200 cases. We would like to know what the Government is doing about this serious matter.

Mr. Speaker, Sir, I am not aware that the suspects had mental problems. If they did, first of all, committing a crime The electronic version of the Senate Hansard Report is for information purposes

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

What is your point of order, Sen. Madzayo?

Mr. Speaker, Sir, is my colleague in order, as a lawyer, to say that those people who commit crimes have a mental problem? A mental problem is totally different from a criminal act. Is it in order for him to impute what is totally misleading? If someone is sick in the mind, it does not mean that they will commit a crime. Some of these criminal acts are conducted by people who are not sick in the mind. Is he in order?

Mr. Speaker, Sir, the Senate Majority Leader has misunderstood my concerns. I did not say that these people are mad. I am asking why all these things are happening.

Senators, Sen. Madzayo was responding to the Senate Majority Leader.

Mr. Speaker, Sir, mental problem is not equivalent to insanity which the judge was alluding to. Anybody who commits a crime has a mental problem. That mental problem may not be in the McNaughton rules an issue of insanity; it is a question that the person has a problem on how to solve issues. This is when a person thinks that crime or stealing people’s things is the only way to enrich one self. Having said that, the proper answer to the question asked by Sen. Cherargei is that, if insanity will be pleaded as a ground of committing any crime, the court will order for a mental examination before the person stands trial. Sen. Cherargei can help his constituents if he thinks that they are not in the right state of mind by, one, as a Senator, insisting that they must be given a lawyer or a state counsel. If they are standing trial for murder they cannot represent themselves. He must insist that they must be given a State Counsel to represent them. In the alternative, because Sen. Cherargei is generally a man of means, he can hire a lawyer for his constituents so that those issues can be pleaded in court.

Senators, do you want to seek more clarification?

Mr. Speaker, Sir, I want to seek further clarification. I appreciate that Sen. Murkomen was my lecturer in law class and he did a lot of due diligence. My observation is that the people who were killed – that is Mr. Stanley Kipchirchir and Mr. Micah Kiplimo – were mentally unstable or ill. Therefore, the assertion that the Statement is trying to put across – that they were stealing – is not captured very well. So, I think Sen. Murkomen should get that point clear. Finally, I do not think he said anything about compensation. Thank you, Mr. Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, then, the answer is also in the reverse. I think the people are standing trial; the good thing is that people have been arrested. Now, the issue to be raised in court is whether it is a defence to kill someone because of stealing and say “I killed him because he is a thief.” Remember, the answer we have given is that the purported crime happened in 2015, and then the mob justice occurred in 2017. Can one really plead in court and say that it was a defence first of all to use mob justice as a means of settling concerns related to stealing of a television set; and whether the person who has killed had mental problems or not? So, all those issues will still be dealt with in court---

Order, Senate Majority Leader! I think what he was saying is that the Statement looks inaccurate because it said that the people who were killed had a mental problem. What he is disputing is that they were not stealing anything. I think that is what the Senator is saying; that the people who were killed had a mental problem and, therefore, the issue of having been killed because they were stealing televisions does not arise.

That is why, Mr. Speaker, Sir, I said that all those issues will be pleaded in court. The good thing with this answer is that suspects have been arrested and they are facing charges in court for committing a crime of murder. All those issues will be tried in court. If I am a judge sitting in judgement, it will not be a defence to say that they were stealing a television. Whether they were of good mental status or not, it can never be a defence or a basis for someone to say in court that “we killed them because they were stealing a television.” In fact, even if they were stealing a television, the crime would have remained a crime because that is not a defence. I am just trying to say that those people who were standing trial are already facing trial because they committed an offence and that they are suspected to be the ones who committed that offence. Sen. Haji, I totally agree. You will remember that I paused when I saw the number of defilement and rape cases in that area. It is very serious particularly when you talk about 41 defilement cases reported in one year; and, maybe, others go unreported. We are talking about our children who are below 18 years; some may be 10, 11 or 12 and vulnerable. I agree with Sen. Haji that the Ministry must go further to ask themselves what are the other issues that are creating a conducive environment in Nandi County and, indeed, in the rest of the country. This is because if this report was to be given in many counties, it will be very shocking to see how vulnerable our children are in the society and then see what can be done. Maybe that will be a question and an area that we can interrogate further holistically so that the issues raised by the Senator can be addressed.

Okay. Next is the Senate Majority Leader to issue a Statement on the Thwake Multi- purpose dam. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, the National Treasury is responsible for the implementation of preference and reservations in public procurement. Among the Preferences and Reservation Schemes monitored by the National Treasury is the Access to Government Procurement Opportunities (AGPO) programme for the youth, women and PWDs. 1. The Statement sought to know how many PWDs, women and youth have been awarded tenders during the 2016/2017 and 2017/2018 Financial Years. The response is as follows:- i. The National Treasury receives reports on the level of implementation of AGPO programmes by ministries, departments, agencies and county governments. During the 2016/2017 Financial Year, 42 State Departments/Ministries, 17 Commissions, 94 State Corporations and four counties submitted their reports. From the report, 25,736 tenders worth Kshs24,147,370,808 were awarded to youth, women and PWDs owned enterprises. Youth entrepreneurs received 10,890 tenders worth Kshs11,533,677,619 representing 47.76 per cent of the total tenders awarded during the year; while women entrepreneurs received 13,000 tenders worth Kshs11,825,211,369 representing 48.97 per cent; and PWDs entrepreneurs received 1,231 tenders worth Kshs788,481,820 representing 3.27 per cent of the total volume of tenders awarded to this category group this year. ii. This distribution of tender awards is consistent with the National Treasury Circular 1/2015 of 15th January, 2015, which requires that PWDs be awarded not less than 2 per cent of the 30 per cent reserved tenders and of the three target groups – youth, women and PWDS – none shall be awarded more than 50 per cent of the 30 per cent reserved tenders. iii. Current monitoring tools do not use the number of beneficiaries as an indicator, but number and volume of tenders awarded. However, the National Treasury is re-engineering the Access to Government The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, based on the response by the Senate Majority Leader, it is quite clear that even when we have preferential procurement, there are challenges around the percentages. It is quite telling. If you look at even the numbers, the youth have 10,000 and women have 13,000 businesses; while PWDs only have a paltry 1,200 businesses. This really underscores issues to do with the bi-directional co-variance between poverty and disability. Clearly, there are issues there because if you look at the model that we copied from, it is actually from the South African broad based economic empowerment for previously disadvantaged groups. These programmes sought to empower black people so that they could take over the economic sector of the country. When you look at our country, Kshs24 billion is a lot of money going into the pockets of groups that are, hereto, unable to stand on their own economically. However, I think it is very skewed to the point that we even have some regulation that PWDs should get a minimum of 2 per cent to protect them. This Senate and the Executive have a responsibility to ensure the fundamental rights and freedom of PWDs. In this regard, we really need to empower this group of people so that, ideally, they should be able to hit 10 per cent so that we have 10 per cent each for women, youth and PWDs. Mr. Speaker, Sir, there is a lot of work to be done and I am very happy that there is now that comprehensive data. We need to interrogate this further so that even within the 1,200, the 13,000 and the 10,000 we do not have a situation where empowered business men are hiding behind maybe their sons and daughters or their PWDs so that they are then hired. That is what happened in South Africa, where you find somebody – sorry to say, a white person – going with the name of a black person and just use the credentials of the company to access the preferential procurement. Those are some of the things that we need to be alive to because, ideally, we are transferring or distributing wealth so that, then, it actually targets the right people. Going forward, I believe that there needs to be serious monitoring and evaluation tools to ensure that Government is able to properly track these companies so that their ownership is very clear. I think it is also important that we try to relook at the procurement laws in this Parliament because they are quite inhibitive. We have very stringent legal codes that sometimes do not end up empowering the very people that we would want to. There needs to be some fast-track around the issuance The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, that is a very fantastic speech by Sen. Mwaura. He was not seeking clarification. When it went on and on I tried to get your attention but the gadgets were not working. So, it was just a speech. It better not be noted.

Proceed, Sen. Sakaja.

Mr. Speaker, Sir, I have heard the question and the response. I heard my Leader of Majority saying that this is one of the most comprehensive responses he has. I beg to disagree with him completely. First, it might be comprehensive because it is long but it is not the right answer. I know the reason. I do not think it is by any fault of his but if you look at the Public Procurement and Disposal Act – I am the one who brought these amendments in the last Parliament on 30 per cent to make sure that young people, women and PWDs get 30 per cent of the total value of procurement. In the answer that has been brought, first of all, we have not got those percentages; unless I did not hear. Secondly, this issue should not come by way of statement. We have a provision to seek statements but if you look at the Act, Section 157 says that every six months each and every procuring entity in the Republic of Kenya at the national level and at the county level is supposed to give a report to the Public Procurement Regulatory Authority (PPRA), what used to be called the PPOA, detailing in table form what contracts it has given to young people, women and PWDs and the value. It is not 30 per cent of the total number of contracts. It is 30 per cent of the value of procurement; and then, every six months, the PPRA is supposed to come to Parliament to the Committee responsible for equalization of opportunities of young people, women and PWDs to present the said report. Over the past so many months these reports have not been forthcoming. This is something I was really battling with the National Treasury and PPRA. These reports are to be brought to this House. There is a Committee in charge of equalization. I hope we will fill them soon so that we can move forward because many of these entities are taking this law as a mere suggestion and not as the law. Many governors are taking these provisions as mere suggestions, not as the law. So, Kshs24 billion sounds big but it is nowhere close to 30 per cent of the value of procurement that is required. In fact, the report should show us who own those entities. You will find that many of them are The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I said that the Statement is very comprehensive. I did not say it is very factual. Those are two different issues. The reason why we have Committees is for that very purpose that Sen. Sakaja said; for interrogation. However, there is also an admission by the National Treasury that they received those reports and that the six months reports were not ready. This means that there must be a report lying somewhere. So, it is important because we have not functioned as we should because we do not have Committees. Therefore, it is important that once the Committee is put in place, it can demand the report, summon the PPRA and the National Treasury to present these reports and maybe relook at the law whether every six months is possible in receiving those reports although, the National Treasury has now said that they will use an online system. In their comprehensive answer that we have been given, they have said that they are re- engineering the AGPO portal system so that reports are real time. Once a tender is awarded, it is directly reported to the National Treasury so that the report may be easily accessible online. The rest of the issues raised by Sen. Sakaja are very weighty. He has been following them individually. He worked on the issue of the Bill. We are ready as the leadership of this House. He must accept to sit in that Committee as a Member so that historical experience and institutional memory on this issue can be carried forward; together with Sen. Mwaura and other Senators who are interested.

Mr. Speaker, Sir, thank you for the opportunity to also add my voice on this statement. First, I thank the Senate Majority Leader for the effort he has made to issue a statement. From the statement, there are begging issues that come out. There is need to interrogate them further. First of all, from the statement, only four counties submitted their reports. There is need to investigate why only four out of the 47 counties did so. What is it that is making them lag behind when it comes to issues of disability? So, governors also need to be accountable just to find out; what position do they have for PWDs with regard to procurement. There are also some begging issues that come out strikingly, for example, the issue of percentage. The Constitution talks about 30 per cent procurement to be given to youth, PWDs and women but why should a negligible percentage be issued to PWDs? Why 3.2 per cent? It is supposed to be 30 per cent. This means that if it is 30 per cent, and we want to help the disadvantaged groups or minorities, then it should be equal so that the youth get 10 per cent, PWDs get 10 per cent and women get 10 per cent. I am wondering what the rationale behind this; giving that negligible percentage to PWDs, especially if we really want parity. We are seeing that even in that group, the PWDs are marginalised further. So, there is need to interrogate this statement and see what exactly is being done to help PWDs. The electronic version of the Senate Hansard Report is for information purposes

Leader of Majority, I think you have noted that.

Mr. Speaker, Sir, all the issues raised by the hon. Senator are noted. It is in the HANSARD to be transmitted to the relevant Committee once established.

Mr. Speaker, Sir, there is something I want to find out from the Leader of Majority. One of the issues is to create more opportunities for youth but in this Kshs24 billion, as a clarification, we need to get from the counties how much is being allocated to PWDs, the youth and other vulnerable groups vis-a-vis what we are having – allocation of tenders at the national Government. So, I would like the Senate Majority Leader to clarify on that and then give us the criteria or the allocations that has been given in totality of all 47 counties vis-a-vis the national Government.

Mr. Speaker, Sir, what the Senator requires is segregation between what the counties have done and what the national Government has done. Only four counties have reported in the statement. It would have been important also to know which counties are those. That is an important follow up. The key question because we are here to represent counties is; what are the other 43 counties doing? Is it that they are following the law? Sen. Sakaja made it clear that many of them think that it is beautiful aspirations and not mandatory requirements of the law. Therefore, what can we do to ensure that it is mandatory requirements of the law? Together with the questions that were raised, that should be follow up through the Committee for a comprehensive answer. In fact, counties must be made to provide the reports in the same way they provide the other reports on auditing but through the relevant institutions as the Constitution require. The law requires that the Public Procurement Review Board should give us the report we require. I agree that the question be transmitted to the Committee for follow up.

Thank you. Next is the Senate Majority Leader to issue a statement on alleged use of excessive force and police brutality at the University of Nairobi (UoN). This is Sen. Ledama Olekina’s statement. USE OF EXCESSIVE FORCE/ POLICE BRUTALITY DURING PEACEFUL DEMONSTRATIONS BY UON STUDENTS

Mr. Speaker, Sir, at a sitting of the Senate held on 10th October, 2017, Sen. Ledama Olekina requested for a statement regarding the alleged use of excessive force and police brutality at the UoN, on 28th September, 2017. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I would like to thank the Senate Majority Leader for coming up with this answer. Unfortunately, it is not satisfactory. I would like to request him to go back and get a more satisfactory answer because not all of my questions were answered. Part 7 of my request has not been answered. Likewise, the question on who authorised the police to enter the university premises has not been answered. He has not also answered the question on the number of students who died or were injured during the said raid. This issue has been changed from the university students to focus mostly on the other issues that I had raised on the matter. I would request the Senate Majority Leader to go back and get a more satisfactory answer that responds to all these questions.

Mr. Speaker, Sir, first, I want to dwell on Part one, which concerns the university. Once the Cabinet Secretary has said that no complaint has been made to any of the police stations regarding use of excessive The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, it is very sad to hear what the Senate Majority Leader has read to the House. Every Kenyan who cares to listen and see what happens in this country saw the police raiding university halls of residence and lobbing teargas canisters in the students’ rooms. The students ran helter- skelter and many of them were injured. When an event like that happens, the custodian of public security and good is the Government. You do not have to wait for anybody to complain. In fact, in criminal acts of that nature, the complainant is the state and not single individuals. My distinguished colleague is a lawyer and knows this very well. When you go to court and somebody is charged with murder, the complainant is the state; the rest are witnesses. Cases of Kondele and many other places including what happened in Nairobi yesterday but one are cases of clear abuse of authority, use of excessive force, brutalization of citizens and a demonstration of total lack of appreciation of the constitutional sanctity of life that Kenyans are entitled to. Mr. Speaker sir, I want to urge as a follow up to what the distinguished Senator of Narok has said; that the issues raised are so pertinent that in keeping with the traditions of this House, you refer this matter to the Committee that we are going to form responsible for security, to thoroughly investigate this matter talk to but not limited to the police Commission, the police Oversight Authority that is supposed to superintend over the police, the Management and the Administration of the University of Nairobi to tell us who called in the police to brutalise the students, the management of the affairs of Kisumu County and all persons that can tell us exactly what happened. We are degenerating to a level where we have brutality on citizens, and I want to discourage my distinguished colleague Murkomen, even if he has written elsewhere, not to call Kenyans criminals and hooligans. There is nobody who is a criminal until they are taken to court, prosecuted and convicted. This extravagant language of calling Kenyans criminals and hooligans, I know it is not your language because you are more decent than that, but do not just read what is given to you. It is not right. We must respect Kenyans. I want to finish by encouraging that we investigate this matter fully and it should not be limited to the issues raised by the distinguished Senator for Narok but all cases of police brutality and extrajudicial killings including the little young boy, Mutinda, who was shot on the balcony of His parent’s house on Tuesday. Thank you, Mr. Speaker Sir.

Let us have the Senate Majority Leader.

Mr. Speaker, I agree with the Senate Minority Leader on two accounts. One, that I was reading a statement as written and as lawyers - and I totally agree with my learned senior – a criminal is only a person so declared by a court of law. A more sanitised language is suspected persons who are suspected to have performed certain acts of hooliganism or crime. Two, you cannot do justice to the question of killing of many Kenyans as you have seen by only a statement that is requested and written and brought here. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, as it has been said, this is a grave matter. Therefore, I direct that it be referred to the committee of ---

On a point of order Mr. speaker Sir.

What is your point of order, Hon. Senator?

Thank you, Mr. Speaker Sir. I wanted to add my comments on this reply more so, in particular, in support to what my senior colleague, Moses wetangula has said. This response basically amounts to belittling the Senate for reasons known to the Minister in charge of Interior and Coordination of National Government services. You will see that right from the outset; he says that the Government is not aware that the police raided the lecture halls and halls of residence of the University of Nairobi. But in the same vein, it says that the Government is aware that when Nairobi University Administration realised there was a riot, they are the ones who called in the police commander. It is in the same response that the cabinet Secretary in charge has stated clearly that the police commander was called in. Therefore, he cannot open up and say that the Government is not aware and go ahead to say the police commander moved in, after he had been told to do so. Therefore, that means then that it is the police commander who basically commandeered his police officers to raid the halls and that is why the students resisted and it led to all this mammoth violence. But that said or done, there is a perpetual denial by the police every time a Kenyan dies. Two days ago, we witnessed a small child playing on the stairs of 6th or 7th floor. It is embarrassing. Particularly if I was Fred Matiangi, I would throw in the towel and say: “Yes we have committed that and we will compensate.” But to simply say The electronic version of the Senate Hansard Report is for information purposes

Yes, Sen. Sakaja; I was about to make a ruling but you can proceed.

Mr. Speaker, Sir, allow me to add my two cents worth to this because as I read out in the question and the response greatly affects my county as well as Sen. Outa’s and that is the point of order he is trying to raise. Any country where even one death becomes normalized is on the brink of destruction. From wherever you sit on the political divide the fact that people have lost their lives should be of grave concern to all of us, no matter by what circumstances those deaths have been caused. This is a grave matter and I concur with the Senate Majority Leader that these acts must be deeply investigated by a specific Committee. Mr. Speaker, Sir, I hate to think that we have lost ourselves to the extent that we politicize these deaths or that those whom we entrust with the mandate to protect us would actually go past a crowd of protestors, go into a house and shoot a child. I would hate to imagine that. I would also hate to imagine that anyone within this country would then think that it can be used politically or for whatever reason. We want to understand and go through the motions and hear witness statements. I am sure you have seen from social media; the very different accounts. There are people who are saying that these acts are done by the police while others say that these were simply criminal gangs who came in. This matter must be taken with the weight it deserves. We will not use the same words the very distinguished lawyers have corrected us not to since we have not studied law. Even those people you see obviously acting in a manner to suggest that they are engaging in acts of hooliganism cannot be called Kenyans. Mr. Speaker, Sir, even as this Committee sits down, we must address the issue of demonstrations. Our Constitution is clear that people’s rights cannot be taken away; that every Kenyan can peacefully and unarmed demonstrate. But every right must be given parameters within which it is exercised. When you see people with stones, walking with The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, my heart is really heavy on this matter. I want to tell the Senate Leader of Majority that I do not want to take this Statement casually because we have lost lives especially in Kisumu County where your report only mentioned a few guys who were killed including baby Pendo. There are more people who were brutally killed by the police and baby Pendo was not even shot but she was clobbered. The police climbed up the stairs and found a small innocent baby and clobbered her to death. We are all Kenyans, however, today I might be on the wrong side of politics where I do not have protection and yet the Constitution requires that all Kenyans must be protected by the police. They should protect our lives and properties. I agree with Hon. Senators who have spoken. We need this country to heal. The life that has been lost now is more than enough. We do not want to henceforth get to hear that the police continue using excessive force to kill Kenyans. We should go deeper and have a thorough investigation and bring to book people who have committed crimes in the name of police officers. In Kisumu, somehow, they were caught. I do not know what to call them, but they were not police officers. Some of them were alleged to have been recruited by the Government to act in a manner that they will kill, maim and even rape women. Mr. Speaker, Sir, I do not want to dwell on this matter, but I would want to encourage that we should not take this lightly but come up with thorough investigations. If all the police who will be considered to have committed these atrocities and have killed innocent Kenyans are identified, they must be convicted and charged according to our laws. That would be my plea because this country needs to move forward. If we do not check that, then the police will continue to use excessive force and continue to kill Kenyans. We therefore, must deal with it. The electronic version of the Senate Hansard Report is for information purposes

Sen. Shiyonga Masitsa.

Mr. Speaker, Sir, in Kenya today when we talk about deaths by police officers, it looks like we are going back to history because currently in our Constitution the Kenya Police Force name was changed to Kenya Police Service and we expect the police service to do a service to Kenyans, instead of applying force on our Kenyan citizens. In our Constitution, we have various commissions that are mandated to look at such incidences where a crime is committed by police officers.

What is your point of order, Sen. Dullo?

Mr. Speaker, Sir, our Standing Orders are very clear in terms of seeking clarification but it looks like some people are introducing debate and also discussing things that are out of the subject matter. We should refrain from that.

Sen. Shiyonga, remain within what you asked for.

Mr. Speaker, Sir, I urge our Senate Leader of Majority to get a more comprehensive answer for these questions because what happened in Kenya during that period is not just mere graphics or crowds but it is what we are seeking to get to understand in order to get to the bottom of this matter. Mr. Speaker, Sir, when life is lost, you do not need to wait for your brother, sister, mother or child to be killed for you to stand here to protect or defend them. But we are looking at a mere life or lives that have been lost in Kenya. These are the lives that we are defending here and which our police officers need to protect. In that case, I want to propose that the Committee that is going to be formed should look into this matter comprehensively. It should involve all the arms that are mandated to look at this issue so that we can get justice for the loved ones we lost during this period.

Finally, let us hear from Sen. Cherargei.

Thank you, Mr. Speaker, Sir. I agree that there are issues of allegations of police brutality. We should not be losing lives like that of the young boy, Master Mutinda. Now that we have agreed that this issue should move to the Committee, I seek to get clarification from the Senate Majority Leader. Is there possibility that in the scope of allegations of police brutality, they should also look into the illegal criminal gangs who are camouflaging and are being used to perpetuate some of these heinous crimes for, of course, the obvious reason of gaining political mileage? Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I have noted the issues raised and I am sure that they are in the Hansard. When the Committee is finally constituted, it is important to, first of all, find out who committed these offences. Secondly, we should ask ourselves what is the right way of protesting in this country? Is it not time that we operationalize the Constitutional provisions by providing the way to implement all the other rights, including the right to life, food, water and everything under Article 43? This can be done by creating a legal framework for implementation. It is time to provide a clear roadmap of how to go about picketing and the right to protest in this country so that when the police are asked to provide security, there should also be a certain level of responsibility on the protestors. Even if it means that those who The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Speaker, Sir, for giving me a second bite to this issue because of the very important nature of what we are talking about. For the Hansard, I want the Senate Majority Leader to note that whatever is to be placed before the Committee should not be exclusively limited to the Statement sought by the Senator for Narok County. It should also investigate how men in dreadlocks have been wearing police uniform and appear to be discharging police duties. This is because in my whole life, I have never seen a police officer in dreadlocks. I also want to urge that the investigating Committee should look at the spiraling violence that has been taking place, not just in Nairobi and Kisumu, but also in Migori, Bungoma and The electronic version of the Senate Hansard Report is for information purposes

On a point of order Mr. Speaker, Sir.

Thank you very much. What is your point of order, Sen. Sen. Sakaja?

Mr. Speaker, Sir, on this specific question, I am glad that we have all agreed that there is no Jubilee life or NASA life. The sanctity of it must be looked at by the Committee. But on this specific Statement and the previous one, we have said that the Committee charged with these matters should look at them. We have the leadership from both sides present in the House; the Senate Majority Leader and the Senate Minority Leader. When will we constitute these Committees and get this work done expeditiously? Can they give us an indication?

Thank you, Sen. Sakaja. Before I make a ruling on that, let us hear from the Senate Majority Leader.

Mr. Speaker, Sir, I agree with the Senate Minority Leader that we may not need the joint responsibility of both Houses; this House can do so. Once the Committees are in place, hopefully by Tuesday next week, we should be able to do that. He has also mentioned that some people in police uniform have dreadlocks. I have seen Members of Parliament, wearing clothes that exactly resemble those of the police or the army saying ‘resist.’ Infact, when we were playing football in Machakos somebody tried to give me a kofia written ‘resist’. It might be that, that Committee--- The electronic version of the Senate Hansard Report is for information purposes

Thank you, hon. Members. We have discussed the matter exhaustively and agreed that it should be forwarded to the Departmental Committee on National Security and Foreign Relations. Going by what I ruled yesterday that we get the names by the close of tomorrow, it is my believe that by Tuesday we should have all Committees in place, so that we can prosecute most of these matters that are of very serious nature and affect the lives of Kenyans. Let us get a Statement from Sen. Olekina under Standing Order 46 (2) and, therefore, drop a statement that was to be issued by Sen. Khaniri which is also similar in content.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I do not wish to belabour this matter, but I rise to pursuant to Standing Order 46 (2) (a) to make a Statement on the issue of Police brutality perpetrated by the Police Service. Mr. Speaker, Sir, the damage that the police brutality has caused during this electioneering period alone is unacceptable. It only validates the agency’s long image as a service packed with rogue officers and in dire need of reforms. This House should take judicial notice of the facts before the public, both through the print and electronic media; photographs, videos and personal accounts of police officers maiming or even killing protestors or clobbering helpless citizens. The police argue that they are out to maintain law and order and to protect property. Can they use measures that are less injurious to the public? Scores of the public The electronic version of the Senate Hansard Report is for information purposes

Honourable Senators, he was raising that under Standing Order No.46 2(a) which does not require any formal response but I will allow comments. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I want to thank the distinguished Senator for Narok county for bringing this matter to the fore. The late Prof. George Saitoti was a man of high integrity. When he was the Minister for Internal Security then, he brought to the Cabinet and proscribed organised criminal gangs including Mombasa Republican Council (MRC) from the coast, Mungiki, Jeshi la Mzee,

, Angola-Msumbiji, and may others. These criminal gangs have from time to time mutated into very dangerous operatives. You will remember that Angola-Msumbiji at one time made it impossible for people to sleep in parts of Kakamega and western Kenya. Today, we have an acting Minister for Interior and Coordination of National Government who is in charge of internal security who stands in public in front of cameras and declares himself a member of Chinkororo, a proscribed criminal gang and that is where part of the problem starts. Brutalizing citizens in the name of policing is very dangerous. Children have been killed and women have been raped but what you get is an inspector general who is completely at sea. You have a commander in Nairobi who has become a law unto himself and is extremely arrogant. When little Mutinda is shot at the balcony of his parents’ house, he appears on television and makes two contradictory statements. He starts by saying, “we are investigating” then concludes by saying “he was not killed by the police.” Why do you investigate yet everything points at the police? The Independent Policing Oversight Authority (IPOA) is also fast asleep. There is a gentleman called Mr. Macharia who once in a while makes half-hearted noises about police misconduct. However, he does not seem to know what his commission is supposed to do. Once in a while when people from “wrong” communities feel and suffer the brutality of the police, you will see him on television making statements to the gallery to appear to be working. We need to change our psyche. Sen. Olekina, the Senator for Narok County has made it very clear and I agree with him. The 2010 Constitution changed the police force to a police service. In the old Constitution, it was a force. In some neighbouring countries they used to be called FanyaFujo Uone (FFU) and so on but we need a police service. If you get lost in the streets of United Kingdom, the best person to go to for assistance is a policeman. In this country, if you are in trouble and you meet a policeman, your troubles multiply. This is what we must reform. This is a House that came with a reformed Constitution and we must speak out. Once in a while, the distinguished Senate Majority Leader makes very positive noises about the rule of law. I encourage him to continue being consistent in resisting abuses by forces that are supposed to be civil in nature. Policemen and policewomen are paid salaries from our taxes. Their duty is to conform to the social contract which the two distinguished lawyers sitting in front of me know; that a citizen surrenders his power and authority to the state for protection and not to be brutalized, killed, shot, beaten, raped, harassed and done all manner of things. I urge my colleagues across the Floor to speak out on this because you never know when the shoe will be on the other foot. It can happen to anybody and anywhere. Silence is a language of the defeated. We must speak against these things because a life The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir, for this opportunity to associate myself with the statement by my colleague, the Senator for Narok County. I want to go on record on this matter. The brutality witnessed in this country over the last few weeks is not just wrong. It is immoral. My colleagues have spoken about the change of name from a police force to a police service. However, for me, that does not even begin to scratch the surface. Changing the name from a force to a service without changing the curriculum that is used to train the officers does not help anyone. I would highly recommend that it is time to look at the curriculum that our officers are taken through at training and ensure that there are constant, regular and consistent refresher courses. Make sure that the police begin to appreciate themselves as our brothers and sisters and children and parents; as members of this society. To conclude, it is high time that the police officers in this country begin to live their motto; service to all and not just service to a select few.

Mr. Speaker, Sir, I commend Sen. Ledama Olekina for making his statement. I only wish, for future, when making statements under Standing Order No.46, that it should not be this and that. It must be either the asking for a statement from the House or making a personal statement. The issues the Senator has canvassed are the ones that took us one-hour canvassing through the statement I responded to. So that it becomes easy, we would have spent all that hour speaking to his personal statement instead of dealing with the answers as provided by the Cabinet Secretary. Secondly, I let the Senate Minority Leader escape on some of the things. You know when you make a statement that the Cabinet Secretary calls himself Chinkororo--- . I was in that meeting in Kisii, and he spoke in the Kisii language. I am very sure that the Senate Minority Leader is not a Kisii speaker and he cannot pretend to be a certified interpreter of the Kisii Language to either Kiswahili or English. May be, the Senator for Kisii County can be the right person and any other Kisii speaking Kenyan. However, you know even in interpreting a statement, you must come with a certified certificate that shows that you speak the same language. When I asked what the Cabinet Secretary said in that rally, I was just told that he said, “I belong to the clan of warriors among the Kisii.” I also belong to a clan of warriors in Elgeyo-Marakwet, but it does not mean that I go fight any other time of the day. More importantly--- The electronic version of the Senate Hansard Report is for information purposes

Let the Senate Majority Leader proceed.

Mr. Speaker, Sir, at that point I allowed the Senate Minority Leader to let go. I did not say he must clarify his statement. However, if need be, then that can be done later. We all agree that the police must be responsible. They must be a service as they ought to be. However, as a country, we must also appreciate that so many policemen have suffered injuries as a result of the last protests that happened before the last elections up to now. Who will speak for the police? So many policemen died. In fact, two policemen just died the other day in the midst of these protests. Who will speak for them? We are leaders of both the police and the civilians. The brutality against the police is as bad as the brutality against the civilians. Those policemen live in very miserable conditions, whether it is the housing or the working conditions, and the meager salary. The point we must be able to say is that---

What is the point of order, Sen. Olekina?

I never interrupted for good reasons, Mr. Speaker, Sir. I think the Senate Minority Leader was a bit sober today.

Order, Sen. Wetangula! I had allowed Sen. Olekina.

On a point of order, Mr. Speaker, Sir. I am shocked by the words of the Senate Majority Leader. I want to promise this House that I will have that video transcribed, translated, and brought into this House. Secondly, it is important for us to realise that when the police force which is supposed to be protecting individuals are denying all these things, it really leaves us wondering where we are heading in this country. So, this is something which is very important. This House should really remain as a House of union that unites the country and fights for the rights of Kenyans. I reminded this House that under Article 239 (5) of the Constitution, the police service is subordinate to the civilian authority. I want to finish my point of order. I think it is important for---

Order, the Senate Majority Leader!

Thank you, Mr. Speaker, Sir. The Senate Majority Leader, I know you like to be heard talking, but it is important for you to allow other Senators to finalise. Facts are very stubborn. We can substantiate.

First, Mr. Speaker, Sir, I let go Sen. Ledama Olekina because he is still learning. There was no point of order he raised.

The electronic version of the Senate Hansard Report is for information purposes

Order, Sen. Olekina! Let him proceed so that we make progress.

Mr. Speaker, Sir, we need to make progress on this issue. I have just said that even as we speak for civilians, we must also speak for the police. They are human beings like us. They have families. None of them would want to work in the conditions that we put them. No one wants to be managing protests in groups that have machetes, knifes and so forth. We must look at the issues that are raised holistically and protect every citizen whether they are from the minority or majority side of political affiliations or whether they are policemen. I had raised all those issues when we were dealing with the questions. I wish to rest there. As you have directed, all the issues raised by Sen. Olekina are going to be investigated by the relevant committee.

May I call upon Sen. (Dr.) Kabaka to make a statement.

Thank you, Mr. Speaker, Sir for giving me this opportunity to seek a statement on the delay in the release of the funds to county assemblies, but in particular, Machakos County Assembly. I am moving pursuant to Standing Orders No. 46 (2) (b). I rise to seek a statement from the Senate Majority Leader regarding the delay by the county treasuries in releasing funds to the county assemblies and in particular to Machakos County Assembly, thereby, affecting its operations and compromising its primary role of oversight, representation and legislation. In the statement, the Senate Majority Leader should do the following: 1) Explain in details, the process followed in having approved funds released to county assemblies to meet their respective budgetary obligations. 2) Explain the respective roles played by the clerks of county assemblies, the county treasury and the Controller of Budget in withdrawing money from the Country Revenue Fund as required by Article 207 of the Constitution of the republic and Section 109 of the Public Finance Management Act. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. Since this is a detailed Statement that requires a bit of time, I would request to be given two weeks. However, I will try and see by Thursday next week before we go on recess whether we can have a preliminary Statement to that. Failure to get that, we would request the Senator to give us more time to get a comprehensive answer for the issues he has raised.

Mr. Temporary Speaker, Sir, I know I have raised a lengthy question, but I need to remind the Senate Deputy Majority Leader that what Machakos County is asking is already in the Governor’s kitty. The money has already been put in Machakos Treasury; only that the Governor has been adamant in releasing the money to the County Assembly. So, the question of one or two weeks does not arise. We need a response as soon as possible, possibly by Tuesday.

Thank you, Mr. Speaker Sir. In as much as this matter is urgent, if possible we would want to give the answer on Tuesday. However, going by practice, if I say Tuesday that would be a lie. I can try on Thursday.

It is so ordered; on Thursday next week. The Senate Majority Leader will issue a Statement on the business of the Senate for the coming week. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 5TH DECEMBER, 2017

Thank you, Mr. Temporary Speaker Sir. Pursuant to Standing Order 46, I hereby present to the Senate, the business for the coming week. (1) Tuesday, 5th December 2017 The electronic version of the Senate Hansard Report is for information purposes

Next Order!

Next Order. The electronic version of the Senate Hansard Report is for information purposes

This Motion was debated yesterday and Sen. Halake who was on the Floor had about 10 minutes remaining. Please proceed unless you want to forfeit your chance.

Thank you, Mr. Temporary Speaker, Sir. One gap that we may want to look at is about recovery once drought has hit communities. So, without belabouring the point since yesterday a lot of discussion was made on this, for us to enhance this Motion we should include a recovery of animals and rangelands. Also, as we operationalize this Act, let us make it more holistic so that the vicious cycle is broken based on the recovery strategies both in terms of not just leaving it at response but ensuring that the communities recover. I know whenever there are issues around disasters of that nature, communities are usually helped to recover from any crisis that affects their livelihoods. In different sectors including the coffee sector, the farmers are helped to recover and the Government has compensated farmers in many instances. However, for the livestock sector, once people are given some relief food during the response period, compensation is forgotten. That is why the vicious cycle continues because nobody is looking at after the recovery but just during. Therefore, the gap that we have seen coming from that sector is that the mitigation strategies are wanting. The response strategies are also very wasteful because not the right strategies are employed while others are missing all together. So, as we compel the relevant Ministry and authorities to look at recovery of livestock for people that have been affected by drought, we can try and break the vicious cycle. By the time drought comes, the communities have not recovered from the devastating effects of the drought of the other cycle and that is the missing gap. This is something that we are going to be looking at very closely in this House in terms of before, during and after drought related and other climate change induced crisis in our country. How the resources that are allocated for the response are used is also a big question. So, for me, it is important to include the recovery of livestock and some sort of compensation in this Motion. Mr. Temporary Speaker, Sir, in terms of mitigation, we need to look at innovative ways of dealing with this. We have done the same things over and over again and I am worried that we will never achieve good results if we keep doing the same things. What are some of the innovative ways in which these authorities are looking at the question of drought related mitigation being raised in our country including livestock insurances? That perhaps would help communities to safeguard their livelihoods and mitigate against losses pretty much as what is going on in other sectors. I would, therefore, urge us not to ask the same things but to have innovative strategies both in terms of mitigative measures, responses and terms of recovery measures as well. Therefore, let us see new ways of helping pastoralists, perhaps livestock insurance, compensation and livestock markets that can off-take animals just before they are all swept away by either drought or floods. I do not want to belabor the point too much, but we need to compel and call upon the Authority to do something and operationalise the Act. As we call upon the authorities to do something and operationalize The electronic version of the Senate Hansard Report is for information purposes

Proceed, Sen. (Dr.) Ali. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Temporary Speaker, Sir. I know that this issue has been discussed since yesterday, but I need to say just one or two words. What happens usually when it comes to drought is that people talk of food security. In Kenya, we are usually very good at writing papers, but implementation of the same is usually a problem. In most ASAL areas, there is something called relief food, which is on and off throughout the year. That is usually a source of corruption for the provincial administration, who just sell those food rations and the local people mostly do not benefit. What surprises me is that for the last fifty or more years, we have been doing the same thing and the locals do not really benefit. So, what is the use of getting food rations which is thirty years old or so from the World Food Program, then you take it to the locals when it has already degenerated? This food is, by the way, causing a lot of diseases because of its nature. The food has been in stores for many years; you add a lot of preservatives causing aflatoxins. Northern Kenya nowadays has experienced many cases of cancer of the throat and liver diseases. These diseases are becoming very prominent of late because of these foods which have overstayed. What is the use of giving people food and you are literally killing them? Instead of doing that, would it not have been better if the money was put into other activities, helping women and youth groups to try and do businesses, whether it is livestock farming or any other business? That reminds me of the Chinese proverb “You give a poor man a fish and you feed him for a day. You teach him to fish and you give him an occupation that will feed him for a lifetime.” The relief food is like giving fish; the people get used to it and they do not want to do anything. It discourages them from doing anything. The other issue is about water. As the Senator just said earlier, water trucking in these arid areas is becoming a source of corruption. When it rains, the water runoff is so much; the floods go killing animals and that water is wasted. We are told of mega dams but I cannot call them mega dams because they become small dams. People just want to go, make small dams there, which they use to get the money and there are no follow-ups. These dams are not constructed where the animals will get pasture. So, these issues have been on and off, and you will hear of a mega dam of Kshs1 billion in Marsabit. Eventually, the cost goes up to Kshs2 billion or Kshs3 billion and you find no water there. So what is the use of these mega dams? Where does this money go? So, these issues, which have been recurring on and off for the last several years mean that something needs to be done. In the last Coalition Government – or was it called the Grand Coalition Government – in 2007/2008, there was a Ministry of Northern Kenya and Other Arid Lands Development that was formed which was more or less somehow toothless. I want to urge the Government that it is now the right time to have the Ministry of Pastoralism so that the word “pastoralist” is in the mind of other Kenyans also. It should not be seen as if pastoralists are enemies or people who are of no use to this country. The electronic version of the Senate Hansard Report is for information purposes

Sen. Masika of Bungoma County.

(Sen. Wetangula

Sen. Halake.

(Sen. Wetangula

There being no other requests, I now call upon the Mover to reply.

Thank you Mr. Temporary Speaker, Sir. I wish to take this opportunity to thank all those who have contributed. This matter has been canvassed since yesterday. It is a pertinent issue in our country. We need to take action on the issues that have been raised by Members. I need to get a copy of the HANSARD and make sure that all those concerns raised by Members are taken care of. I will point out a few things that have been said, one of them being the empowerment of the National Drought Management Authority (NDMA). Without empowerment, NDMA will not deliver on its mandate. It is high time that the Government empowered NDMA. It should also harmonize the programs of drought and disaster management in this country and hand it over to NDMA as an institution. The other point that I thought we should bring on board is the issue of the amendment of the Act before implementation or even in the process of implementation. It is to take care of certain issues raised by Members specifically, the issue of a Fund Manager, which needs to be taken care of. Without the Fund Manager, we might lose on the objective of this particular Act. I believe that we might amend the Act at some stage. The other concern raised by so many Members is the need for coming up with better strategies. This is because we cannot be having drought and emergencies year in, year out. We must have a solution to this problem. Drought should not be business as usual in this country. In as much as we are only focusing on pastoralism, agriculture in most of those areas is also affected. In Isiolo, there are some communities who are growing crops but do not produce anything when there is drought. We also need to focus on the crop aspect in those areas. What should we do when there is drought? We need to have an effective program, especially the off-take program that was introduced by the Ministry of Agriculture Livestock and Fisheries to take care of the animals that are almost dying. This strategy is not working. In Isiolo, there were a lot of promises and this has not been implemented up to now. As one of the Senators has said, we are buying these animals when they are almost dying thus they do not even have flesh. What is the use of buying these animals when they are about to die. Clearly, the pastoralists who are selling these animals are not getting value for their products. There are proposals to come up with a Ministry and I think that this is a matter that we need to consider. It should be a Ministry that can deal with the issues of drought and disaster management. Corruption is also a matter that we need to deal with. Implementation of the decisions of this House is another issue. This is a matter that was The electronic version of the Senate Hansard Report is for information purposes

For the benefit of Members, I will read Standing Order No. 73 (1) which provides that: “Voting on a matter other that a Bill: When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties” I hereby make a determination that the matter does not affect counties. Therefore, I will call upon the Senators to take a voice vote.

Order, hon. Senators! The next Order is Order No. 11, that is, the Motion – Controller of Budget Annual County Governments’ Budget Implementation Review Report for Financial Year 2016/2017 by the Senate Majority Leader. It is a very important matter because it affects counties and I would imagine each and every Senator may have a vested reason to contribute to this Motion. Noting that we do not have many Senators with us today, I hereby make a determination that the matter be deferred to next week Tuesday so that Senators can be afforded the opportunity to come and discuss the same. NOTING OF COB ANNUAL COUNTY GOVERNMENTS BUDGET IMPLEMENTATION REVIEW REPORT FOR FY 2016/2017 THAT, the Senate notes the Controller of Budget Annual County Governments Budget Implementation Review Report for Financial Year 2016/2017, laid on the Table of the House on Wednesday, 8th November, 2017.

Hon. Senators, there is another Business listed in Order No.12, that is, the Motion on Sessional Paper No. 6 of 2016, on the National Urban Development Policy. Again on this one, I have received a request from the Senate Majority Leader to have the matter deferred. I have, therefore, acceded to that request and the same is also deferred up to next week. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, there being no other Business, it is now time to adjourn the House. We are adjourning at about 5.33 p.m. The Senate, therefore, stands adjourned until Tuesday, 5th December, 2017 at 2.30 p.m. The Senate rose at 5.35 p.m. The electronic version of the Senate Hansard Report is for information purposes