Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a delegation from the Uasin Gishu and Meru County assemblies. The delegation is visiting the Senate to undertake an in- house training attachment with the respective departments in the Parliamentary Service for a period of one week. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition. They are: The delegation from Uasin Gishu County Assembly: 1. Ms. Nancy Jepkoech 2. Mr. Elias Koech 3. Ms. Lynet Angela Chepkoech 4. Ms. Caroline Spencer 5. Mr. David Busienei 6. Ms. Sally Biwott 7. Mr. Geofrey Obaga The delegation from Meru County Assembly: 1. Ms. Julian Kendi 2. Ms. Joy Gaichugi 3. Ms. Betty Nkatha

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Mr. Speaker, Sir, I beg to give Notice of the following Motion: THAT, pursuant to Standing Orders 28 (2) and 29 (4), the Senate resolves to alter its Calendar for the First Session, in respect of the Fourth Part, in order to proceed on recess from Friday, 15th December, 2017, instead of Friday, 8th December, 2017 and to resume on Tuesday, 13th February, 2018 in accordance with Standing Order 28(1).

Hon. Senators, the Senate Majority Leader will proceed to issue a Statement on the Inua Jamii Kali Cash Transfer Programme. STATUS OF THE INUA JAMII CASH TRANSFER PROGRAMME

On a point of order, Mr. Speaker, Sir. The distinguished Senator for Makueni County, Sen. Mutula Kilonzo Jnr., is not here. He is away in court and it is only fair that the Statement is issued in his presence so that he can interrogate the contents thereof. I request that it be put aside for another date when he will be available. I can see Statements (a) and (c) are in relation to his request.

Mr. Speaker, Sir, if the Senate Minority Leader had waited, that is where I was going. I have consulted all these Senators and they have requested that we hold these statements until such time that Sen. Mutula Kilonzo Jnr. will be available in the House, hopefully next week. Sen. Kwamboka is out on official assignment in Dar es Salaam and Sen. Mutula Kilonzo Jnr. is away with the permission of the Speaker on another responsibility. For Sen. Cherargei, I still wanted to consult his constituents on this Statement because we had shared with him but there are some things that we wanted clarification on before it can be tabled.

Thank you. I, therefore, defer all the statements until when the Members are present. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I beg to move the following Motion: THAT, pursuant to Standing Orders 28 (2) and 29 (4), the Senate resolves to alter its Calendar for the First Session, in respect of the Fourth Part, in order to proceed on recess from Friday, 15th December, 2017, instead of Friday, 8th December, 2017 and to resume on Tuesday, 13th February, 2018 in accordance with Standing Order 28(1). Mr. Speaker, Sir, I do not want to spend a lot of time debating this matter except to give reasons. We should have proceeded on recess as from tomorrow but we have the election of Members to the East African Legislative Assembly (EALA) that will take place between 13th and 14th December, 2017. You will give us the exact communication, whether we will vote on 13th or 14th December, 2017. The Committee that is vetting the Members who will serve is working hard. They had a meeting today and they will have another one tomorrow. That exercise is important. We have delayed the operationalisation of the EALA. I was in Dar es Salaam over the weekend and our team is playing football today with the EALA team. However, there is an absence of selected Members of Parliament because Kenya has held the constituting of the EALA. It has been delayed because Kenya has not done what we ought to do. This exercise is important. Instead of Senators proceeding on a recess and then be called back, the Rules and Business Committee deemed it fit that we postpone our recess until next week. In any case, we will only come back here on Wednesday next week and Thursday, considering that Tuesday is a public holiday. I beg to move that this Motion be adopted by this House, to postpone this recess, to alter the Calendar of the House so that we can undertake a very serious and important responsibility of national importance. I ask the Deputy Majority Leader to second the Motion.

On a point of order, Mr. Speaker, Sir. I am concerned that the Senate Majority Leader is deviating from the normal practice of this House. On a matter such as this one of deferring the adjournment of the House, I believe this should have The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, the Senate Business Committee approved this Motion, but the Senate Minority Leader was unable to attend the meeting. I did not want to ambush him and we do want to spend time on this more or less obvious agenda. That is why the Senate Deputy Majority Leader, who had already been notified in good time and was in the meeting, was going to second as a matter of practice because she was there. However, even then, she was not going to talk. She just wanted to nod or say, “I second,” so that we proceed to more important business of the afternoon. Mr. Speaker, Sir, although I am entitled to 60 minutes, I have only used less than three minutes. I have just consulted the Senate Deputy Majority Leader and she has no problem with the Senate Minority Leader seconding if he is ready. There is absolutely no problem.

Mr. Speaker, Sir, the Senate Majority Leader should not treat the House in such a casual manner. The issue of bipartisanism is very important in any House, especially on matters that have nothing to do with any side of the House. It is not rocket science to second a simple Motion like this. The Senate Deputy Majority Leader does not have to prepare herself and research in the library just to extend the sittings of the House for a few days. This trend should stop. It is the practice of this House. Yesterday, a Motion was moved here to adopt the Report of the Controller of Budget, which is a bipartisan report. The Report by the Controller of Budget is neither a Jubilee nor a NASA report. I sat here waiting to second that Motion. Upon being moved, the distinguished lady, and I have talked to her and she explained herself to me and I understood her--- However, I am raising it as an example of the continuing conduct that is inconsistent with the norms and practice of this House. She finished moving the Motion and called upon a Senator on the other side to second when we were here. Mr. Speaker, Sir, even now, I would have expected my distinguished learned junior, the Senate Majority Leader, to have the courtesy of crossing the Floor, like I always do to him and whisper to me saying: “We have this Motion, can we prosecute it together?” It is so simple, but sometimes when we get overawed with things that are not helpful, we forget the basics that hold us together. Mr. Speaker, Sir, I support the protestation of the distinguished Senator for Vihiga County and call upon you, as the Chair of this House, to encourage that for us to move together, even on matters will be difficult--- There will be matters where we may not see things the same way, but when we talk and agree, we make it less cumbersome and easier to move the House and the country forward in a better version.

Mr. Speaker, Sir, anyone who has been here for some time - at least for me who served in the last Parliament – knows that the word “courtesy” and Sen. Wetangula cannot be used in the same sentence. This is The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. We cannot sit here and listen to Sen. Murkomen pontificating on irrelevant polemics that do not help this House. Practice, precedence, tenets, courtesy and good behavior are grounded in Standing Order No.1. I expect him, being a lawyer, to know. When we stand here to raise issues, it is not a test of wills. If we want to test wills, we can test each other until the chickens come home to roost. We are simply saying that you are presiding over a House with two sides. More often than not, we will have matters that are contested. However, where matters are not contested, it is courteous, good practice, good behavior and above all, it unifies the House to have a bipartisan approach. However, when you listen to this kind of infantile chest-thumping, it erodes the confidence that we want to build in each other. Mr. Speaker, Sir, it does not matter whether I attended the Senate Business Committee meeting or not. You may recall that I even spoke to you on phone on a matter that should have been discussed in the Senate Business Committee. I was engaged in a very serious national issue that has to do with 12th December that he is talking about. That is a very important day in the history of this country. I do not want to go on for too long, but I want to encourage Sen. Murkomen that he is no longer just a backbencher Senator. You are the Senate Majority Leader in this House and have a duty to bridle you language, be courteous to others and better schooled in your exposition of issues than otherwise what I have seen and heard.

Order, Senator! Senate Majority Leader, can you call on a Senator to second, so that we make progress?

Mr. Speaker, Sir, you have seen me quietly sit down and listen to a lot of insults from the Senate Minority Leader. I told you that for all of us who worked with him here for the last five years, courtesy and Sen. Wetangula cannot be used in the same sentence. Decency and Sen. Wetangula cannot be used either in the same sentence.

The Senate Majority Leader, can you call upon a senator to second the matter so that we make progress. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I have quietly sat down and listened to a lot of insults from the Senate Minority Leader. As I said, those of us who worked with him here for the last five years know that that courtesy and Sen. Wetangula cannot be used in the same sentence. Decency and Sen. Wetangula cannot be used in the same sentence.

Senate Majority Leader, call upon the hon. Senator to second the matter, so that we make progress.

Mr. Speaker, Sir, I just wanted to go on record that I have accepted to play quiet and humble because he always reminds me that I am the age of his son. I have always told Sen. Wetangula that every father must be proud of the progress of his son. The fact that I am serving a second term here with my father is something to be proud of and not to be called infantile. It is something to be celebrated. He should be celebrating me every day. As the Mover of this Motion, I sympathise with Sen. Wetangula’s position. When he will revise his language in future, I have no problem accommodating him to second motions. However, today, Sen. Fatuma Dullo will second this Motion.

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

Yes, Sen. Khaniri.

Mr. Speaker, Sir, before I raise my point of order, I just want to remind the Senate Majority Leader that humility is not in pronouncement; it is in action. Is he in order to impute improper motive on my leader, the Senate Minority Leader, that the word ‘courtesy’ and the name ‘Wetangula’ cannot appear in the same sentence? That is imputing improper motive on his counterpart. Is he in order?

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

What is your point of order, Sen. Wetangula? We need to make progress.

Mr. Speaker, Sir, I will not engage in any infantile arguments on this Floor. All I want to say is that we, on this side, cannot and will not solicit to second any motion. Indeed, that is not why we are here. However, we are saying that on matters that are bipartisan in nature, and we will probably need a pronouncement from the Chair--- Extending the Calendar of the Senate is not a Jubilee or NASA matter; it is for all of us. It matters not who moves it, but it matters that both sides be involved. I would like to inform Sen. Murkomen, the Senator for Elgeyo-Marakwet that I think he is suffering from some illusionary behavior because everywhere he turns he sees the image of the former Inspector General of Police. I would like to encourage him that “ Sieke ” is not in this House. These are distinguished Senators.

Order, Sen. Wetangula! I would like to make a ruling, so that we make progress. The Senate Business Committee discussed the matter yesterday. Unfortunately, the Senate Minority Leader was not there, but he had informed The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I beg to second.

Mr. Speaker, Sir, I beg to support this Motion. However, I would also like to say that it should have been foreseen. I remember, when we discussed the programme, I had a quiet consultation with the Senate Majority Leader and told him that in view of what was happening, we may have to stay longer than the date that we had envisaged as the date of adjournment. I had in mind precisely the reasons that have been given for amending our adjournment date from 8th to 15th December. I foresaw that we would need to elect Members to the East Africa Legislative Assembly (EALA), a very important matter. Unfortunately, on two occasions Kenya has delayed the EALA from beginning its work. All the other counties had their Members ready, they went to Arusha to be inaugurated but they could not be inaugurated because Kenya had not submitted her list of Members. As the Senate Majority Leader said, East African Legislative Assembly (EALA) games are going on in Dar-es-Salaam but there is no team from EALA and there ought to be a team from EALA. So, Kenya has not played very well on this one. Mr. Speaker, Sir, I remember that the in the elections of the former Members we had some problems and we had to amend the Treaty to accommodate Kenya to ensure that our membership is accepted. We were challenged that the way we had elected our Members had not been constitutional. In a sense, we agreed but we had to amend the East African Community Treaty and we had to redo it to ensure that everything complies not only with our Constitution but also with the Treaty of the East African Community. I remember this very clearly because I was involved. The reasons given are very good. My prayer is that we should have foreseen this. Under the new Constitution, Parliament controls its own calendar. Under the old Constitution, the calendar of Parliament was controlled by the President. He is the one who could adjourn and prolong Parliament. It was all in the hands of the President. Therefore, we should not give the impression under the new Constitution that somehow we have to go to State House to discuss this matter then come to have this Motion. We ought to have foreseen this when we were discussing a similar Motion at the beginning of this term. Whereas I support, I would like to plead to the leadership of the House to be a little bit more consultative in fixing the dates and the calendars of the Senate so that we do not have to come back to amend the calendar that we have already passed as if we do not know what we are doing. I support and hope that by the extended date, we should have formed our Committees so that when we come back in January, we hit the ground running. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I rise to support this Motion. Listening to the Senate Majority Leader, there is a very important business which we need to transact. The main reason why I stood up is because I am a Member of the Joint Committee that is handling the EALA business. I want to mention two things. It will be important to update the House so that Members are kept abreast with what is happening in the Committee. One, we met this morning and tomorrow, we shall table the report which will most likely be voted on the 13th December, 2017. It is really important that we transact this business. Those of us who currently are in Dar es Salaam for the EALA parliamentary games or those of us who have been there, I was there the whole of last weekend up to Tuesday and the one question that the rest of East African Community (EAC) kept asking us is why we have held the entire regional bloc at ransom. It is really unfortunate and we explained to them that it had very little to do with our local politics but had everything to do with the timing of our political season, given that we were heading to presidential campaigns. Mr. Speaker, Sir, it is imperative that we bring this business to a close on 13th December, 2017. I wish to request Members who may have something that they feel is useful and needs to be added to that business to avail themselves in the House tomorrow afternoon so that they are given a chance to raise any pertinent issue that they might have. Mr. Speaker, Sir, I support.

Thank you, Mr. Speaker, Sir. I seconded but I just want to add my voice.

Order. I think you have pressed your button by mistake. You seconded.

Thank you, Mr. Speaker, Sir. I rise to also support this Motion. I believe it is important that we extend or alter the calendar of the House to accommodate that important business that has not been transacted or completed. Given that we shall be going on a very long recess, it is important that we take care of the issues that we need to handle before the holidays, particularly so, the issue of the EALA. It is unfortunate that Kenya is holding back the Assembly by not sending its delegation. We have been tasked with the work of sending the delegation and getting the EALA moving and so it is important that we do that before we proceed on recess. That being one of the days next week, I believe that we need to stay on, instead of having to call a Special Sitting. In addition to that, I am sure that we also have the issue of formation of committees in the House which needs to be taken care of before we go on recess. It appears that we have important work that needs to be done. As such, I support this Motion.

Mr. Speaker, Sir, we had already - in one of the committees- agreed that you will call a Special Sitting on 13th December, 2017 and so this Motion forestalls that. It is important that we hang on and finish the process of electing Members to EALA. I hope that the two Houses of The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I stand to support the Motion. I am a Member of the Committee as well and we have discussed these issues. I hope that we dispense with these issue as fast as possible. We had a meeting this morning and we intend to have another one this afternoon and hopefully the report will be brought to the House tomorrow so that Members are able to see what is in the report. Mr. Speaker, Sir, there is something that worries me and I need to say it. This is a House of very distinguished Members but when the two leaders from both sides of the House engage in some type of talk, it is sad. That should not happen. They should talk outside the Chamber. They are senior national leaders and people are watching. We should not encourage that sort of language in this House. When the leadership engages in such things, the Speaker of the House should tell them to get out of the House even if they are our leaders. We should not encourage them.

Hon. Senators, this is a procedural Motion, we should not spend so much time because we have more serious issues to discuss.

Mr. Speaker, Sir, I stand to support the Motion but I want to follow my colleague, Sen. (Dr.) Ali. We are tired of these leaders tongue-lashing each other. They should set a good example to the people they lead and more so when we have guests from the counties. We should rein them in. We should not allow them to continue to do what they are doing.

Thank you, Mr. Speaker, Sir, for giving this opportunity. I would like to join my colleagues in supporting this Motion. It is very important that we deal with the agenda that is before us before we go for recess. I happen to have been a Member of EALA and Kenya has been the leader in many ways. It is the most respected in the Assembly and its decisions have had a lot of impact in the integration process of EAC. So, inside and outside the Assembly, we have always had a leadership role in the EAC. Mr. Speaker, Sir, I would like to urge the Committee to speed up their work and present their report so that we can make our minds on who we will elect as soon as possible. I want to urge colleagues that when it comes to electing, now that we have the opportunity to discuss it before it happens, that we really need to look at the balance of The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I would like to join my colleagues in supporting the alteration of the calendar. The reason given is well understood. It is a business that we should have done in the last session and now that we have the time, we have to do it. There have been many questions on the Floor of this House and there were no committees to tackle them. If we could also include that issue of forming the committees, then, over the break, these questions can be addressed and that will also be a good reason for this extension.

Hon. Senators, before we go to the next Order, I have a communication to make. This is a message of condolence on the demise of Kitui West Member of Parliament (MP), Hon. Francis Nyenze, on 6th December, 2017. It is with profound shock, sorrow and sadness that I join the family, relatives and friends of the late Kitui West Member of Parliament (MP), Hon. Francis Nyenze, in mourning his sudden demise. The cruel hand of death has plucked one of our most steadfast and dependable colleagues from our midst. On my own behalf and on behalf of the Senate, we send our most sincere and deepest condolences to the family of our brother, the late Hon. Nyenze, the people of Kitui County and, indeed, the entire Kenyan nation at this difficult time. The late MP was a gentleman and an astute leader who will be remembered for his sound development record, hard work, good demeanor and love for the people of Kitui County. He will be remembered as a leader who served his people and, indeed, the entire Republic of Kenya with dedication and commitment. He had a chequered political career, beginning as an elected MP under the former ruling party, KANU, and later rose to become the Minority Leader in the National Assembly during the 11th Parliament. He also served as a minister in the Ministry of Environment and Heritage and the Ministry of Sports in 1997 and 2001 respectively. Hon. Nyenze will fondly be remembered as a forthright lawmaker who clearly spoke his mind. The National Assembly will doubtlessly be a poorer House without the hilarious contributions and experience of the late MP. May the almighty God grant his family, relatives, friends, The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. First, I would like to apologize for moving when you were on your feet. Sometimes we get a bit rusty and forget some House procedures; so, I beg your pardon. Mr. Speaker, Sir, I stand here to mourn the passing on of Hon. Francis Nyenze; a man who was our Leader of Minority in the 11th Parliament. I remember Hon. Nyenze was a very calm person who would not hesitate to speak his mind on pertinent issues. Indeed, I will forever remember him for his advice when I was still new in the National Assembly. He advised me that people are usually agitating against each other in the first sixth months after elections but, later on, they mellow and become one. I witnessed that because sometimes when we come from political contests, people are so much radicalized around the parties they support, but eventually, then the spirit of the House prevails and people are able to reach out to each other. In the same vein, that is also how Sen. Haji was advising the leadership of the House. Mr. Speaker, Sir, Hon. Francis Nyenze has had a very illustrious career. It is not known to many people that, actually, his first party of choice was Ford Asili before he actually became elected on other political parties. That tells you that, as the son of a pastor – actually his father is a reverend – tat he was quite objective and that he could make an opinion of his own. Hon. Nyenze will also be remembered as having led the minority side at a time when there was great contestation on various issues and he had a way of coming out unscathed. He is one of the very few leaders who, in the last electoral contest, were very clear that he would have wanted Hon. Stephen Kalonzo Musyoka to join the Jubilee side of the political equation. That is very commendable because, clearly, the Jubilee party carried the day. So, I think he was a very good person in terms of political calculation, evidenced by his survival in Parliament for various terms. In fact, he came back in the 11th Parliament after having a stint outside there for 10 years. It just goes ahead to show he is somebody that has a good political acumen. He was appointed Minister of Environment in the KANU Government and yet still beat all odds to become the Leader of Minority, which is a highly coveted position in our body politics. Therefore, Mr. Speaker, Sir, we mourn him. I am sure this Parliament would have benefited a lot from his counsel. I am sure that the people of his constituency will now have to go back and elect a Member; and that gap and his contributions would live to be remembered for many years. So, on behalf of the persons with disabilities, the people I represent here and fellow Kenyans, I rise to mourn a great leader who has fallen but with a great track record. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir, for giving me an opportunity to join you, the House and the country in eulogizing the passing on of Hon. Francis Nyenze, the MP for Kitui West; the constituency that he has served with distinction for four terms. The late Hon. Francis Nyenze was a distinguished and valued member of our Coalition, NASA. In the last Parliament, he was the Leader of Minority in the National Assembly; a job he discharged with absolute distinction and success for the full term. No single occasion did I, as his leader in Parliament, get any complain of any nature about the manner in which he shepherded the flock of CORD, which included the distinguished Senator who has just been speaking extravagantly about Hon. Kalonzo joining Jubilee, which is wishful thinking. Mr. Speaker, Sir, Hon. Francis Nyenze, now deceased, has been a Minister in this Country serving under Mzee Moi for two terms as Minister for Environment and Minister for Heritage and Sports. Even then, at a fairly young age, he was visibly a committed patriot; a hard worker and a politician who displayed the capacity and flair of construction of bridges between individuals and communities, which would bring harmony to this country. I have visited the late Hon. Nyenze in his home in Kabati; I have campaigned with him and for him and I can tell this House and the country that he was immensely popular at the grassroots in his Kitui West Constituency and in his home in Kabati. I remember flying into Kabati to campaign for CORD then and for him and one or two of his opponents came forward and pronounced publicly that due to the immense popularity of Hon. Francis Nyenze, they were stepping down from the contest and would support him to be their MP. Very few politicians get that kind of privilege from their opponents during campaigns. There could be back room deals that pull out opponents but when they come to the fore, in the presence of national leadership, it shows the depth and the level at which the leader is appreciated. On behalf of my distinguished colleagues in NASA: the Right Hon. Raila Amollo Odinga, His Excellency Stephen Kalonzo Musyoka, who is out of the country, Hon. Wycliffe Musalia Mudavadi and the entire NASA fraternity, I call upon all men and women of good will in the whole country to put the family of the late Hon. Nyenze in their prayers. Hon. Nyenze has left a family that will require prayers and support for them to carry on with the journey of life that the head of their family has left. We in NASA have lost a pillar, so to speak, of our politics in Lower Eastern. He was a pillar of our politics in our partner party, the Wiper Democratic Movement- Kenya (WDM-K) and a pillar of our politics at the national level. Hon. Nyenze, for the information of the House, has battled a cancer attack for the last couple of years. He has been in and out of hospital even as we saw him discharging his responsibilities as the National Assembly Minority Leader in the last Parliament. He was in and out of hospital battling the dreaded cancer that has finally led to his departure. May the good Lord rest his soul in eternal peace. May we, as a House, jointly and severally, pray for his family at this difficult moment because this can happen to anyone of us. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, thank you for giving me this opportunity to eulogize my dear friend Hon. Francis Nyenze, the Member of Parliament for Kitui West Constituency. I first met him when he joined the Cabinet as a Minister for Environment under the then President, Daniel Toroitich Arap Moi. As a colleague in the Cabinet, I found that he was someone who did his homework. He made valuable contributions to the discussions in the Cabinet, particularly, those that emanated from the Ministry. It is at that time that I learnt that he was a man who could walk with the mighty and be at home. Importantly, he was a man who identified himself with the people on the ground. When I asked him about this, he told me that he has been with the people most of his life. He also told me that he was a manamba in matatus that plied from his area to Machakos. That is where he learnt the art of mixing with ordinary people. I recall that after the 2013 general elections, we briefly thought that Stephen Kalonzo Musyoka being the party leader of WDM-K could lead our opposition in the House. Under the new Constitution, we should not be talking about the opposition leader but the National Assembly Minority Leader. When we were still thinking about the leadership of NASA, particularly leadership in the House we asked him to look for someone who could be the National Assembly Minority Leader. Stephen Kalonzo Musyoka chose Hon. Nyenze, which shows that he was a man who was very loyal to the leadership of WDM-K. He was very committed. Some of us saw that. There was that period when we did not know who was going to be the flag bearer of NASA. This is because we did not know whether it was going to be the leader of ODM, WDM-K, Ford-Kenya or ANC. Hon. Nyenze came out fighting for his leader, Stephen Kalonzo Musyoka. Later, when Stephen Kalonzo Musyoka was made the Deputy President in waiting, he said that had he not made that noise, Stephen Kalonzo Musyoka would not have been the Deputy President in waiting. He was a man with a good sense of humour. He was very humble and pleasant to get along with. We are all going to miss him. On behalf of myself, my family and the people of Busia County, I record our sincere condolences on the passing away of this great politician from Ukambani.

Mr. Speaker, Sir, I would like to join you and my colleagues in eulogizing Hon. Francis Nyenze, the Member of Parliament for Kitui West Constituency, who until today has been serving his people with distinction. The Bible says that God should teach us the number of our days for us to use them well. Inevitably, every one of us is a sojourner. Hon. Nyenze’s day has come to an end. No one lives this world carrying the earthly belongings. We all leave this world carrying the deeds we left behind; the manner in which we touched lives and the difference that we made in the lives of others. I had the privilege and honour of knowing Hon. Nyenze from the media when I was young but I finally met him as a colleague in the National Assembly when I was in the Senate. Many at times we had an opportunity to discuss matters of national importance. Hon. Nyenze was the National Assembly Minority Leader at the time when I served in the Committee that worked on the electoral laws. He, together with Hon. Duale and Sen. Wetangula, were our leaders. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir, for giving me a chance to also join my other colleagues in mourning our colleague. I interacted with him in the 11th Parliament when he was serving as the Minority Leader in the National Assembly. Hon. Francis Nyenze was a very humble and educated man. He was also a role model to some of us who were young politically by then. On my own behalf, my family and the people of Kajiado County, I wish to send our heartfelt condolences to the people of Kitui County which is also our neighbouring county. We shall miss this humble leader. I pray that God gives peace to his family. May he rest in peace.

Yes, Sen. Kasanga.

Thank you, Mr. Speaker, Sir. I also wish to convey my deepest and heartfelt condolences to Hon. Francis Nyenze’s family, constituents of Kitui West, the Wiper Democratic Party, NASA and Ukambani at large. Hon. Nyenze was a household name in all our homes as we were growing up. Definitely, his distinguished service speaks for itself. We saw his strength and commitment when he was taking oath while carrying an oxygen tank. For sure, that it is something that the youth can borrow. The electronic version of the Senate Hansard Report is for information purposes

Thank you, hon. Senators. I can see that all those who wanted to pass their messages of condolences have done so. Therefore, as we wind up, as is our tradition in the House, I do ask that we all be upstanding for one minute in silence.

) Thank you so much. You may sit down. Let us proceed to the next Order.

This is a continuation of yesterday’s discussion. The Floor is open; we can continue contributing. Sen. Dullo.

Thank you, Mr. Speaker, Sir. I would like to contribute to this Motion which seeks the House to adopt the Sessional Paper No.6 of 2016 on the National Urban Development Policy, laid on the Table of the House on Tuesday, 10th October, 2017. It is really important for us, as a country, to first have a policy before legislation. Unfortunately, as it has happened severally, we normally have our legislation and then come up with a policy, yet it should be the other way round. Policy makers should actually come up with the policy before legislation. This policy is really very important especially for urban planning. It is something that we need to take very seriously as a country. There are a lot of challenges as a result of not planning for our urban areas. As projected, by 2030, half of the Kenyan population will be urbanised. This clearly will pose a lot of challenges if we do not plan properly. This has increased a lot of pressure on so many things, especially inadequate infrastructure. The roads are not accommodating, The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. From the outset, this is a very timely policy. I want to commend the Senate Majority Leader because he elucidated all the main points yesterday when he was moving this Motion. The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, thank you for an opportunity to make a few remarks about this Policy. The National Urban Development Policy that has been brought here is a conversation that has been going on for a long time. In sub-Saharan Africa today, the most urbanised country is Zambia with about 87 per cent of its population living in urban centres. However, they live in squalor. It is the most urbanised because people have moved from rural areas into towns but they live rural lives. The world over, most urban centres evolve and grow with relevant human intervention in terms of planning. In fact, the only known text book cities in the world would be counted as Canberra in Australia, Islamabad in Pakistan, Milton Kane’s in the United Kingdom, Brasilia in Brazil, Lilongwe in Malawi and Dodoma in Tanzania.

These are cities where their government consciously set aside an area – of course there is Abuja in Nigeria. This is where the governments said: “We are moving the seat of our government in this area with serious restrictions on development, proper planning, zoning and so on.” However, even where the cities grew through historical process the evolution of planning required that you have to keep residential suburbs away from industrial areas which have hazardous waste and material from amenities such as hospitals. That is why the original Nairobi had an industrial area, which was not a residential suburb of Nairobi. Then we had the up-market neighborhoods like Muthaiga, Lavington, and Karen. Then we had middleclass suburbs, and in the early 1980s, the CDC in collaboration with the Government came up with middle class, fresh graduates and other workers’ suburbs. Then we had Buru Buru Phases One, Two, Three, Four and Five. Madam Temporary Speaker, this kind of planning is important for orderly management of public dwelling places and developments. Today, because of corruption and sometimes absolute negligence, somebody wakes up and builds a factory in the middle of a residential suburb and it is licensed to start running. Somebody wakes up and starts a water purification plant in the middle of a residential suburb. If you go to Ongata Rongai it has mushroomed. We also have Kitengela and Kiambu, which are the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): Hon. Senator, maybe for information’s sake; it is not a manufacturing factory but for blending.

Madam Temporary Speaker, I have even, under camouflage, visited it to see whether it is the factory that cost Kshs27billion or it is part of the monstrous theft that goes on in this country. I discovered that it is part of the monstrous theft that goes on in this country because it is just for blending fertilizer. There is no way that thing could have cost Kshs27billion.It was just theft, but that is not the point. I will pursue that another day.

(Sen. (Prof.) Kamar): Stick to the Motion, please.

Madam Temporary Speaker, when we are dealing with these issues, we have to touch on many buttons.

(Sen. (Prof.) Kamar): There is a point of order from Sen. Sakaja.

On a point of order, Madam Temporary Speaker. I acknowledge that you have asked the Senate Minority Leader to move on from that one point, he mentioned something and maybe many did not notice; that he visited this factory under camouflage. I would like him to explain what ‘camouflage’ means in this context. Did he go there in a bui bui or was he in a hood; in a way that they would not know him? It would be very interesting to understand this.

Madam Temporary Speaker, I am under no duty to make that explanation. I am talking about urban planning and how we live. If you look at the growth of towns today----, and I am very happy that for the first time since Jubilee came to power they have, in a very tacit single sentence, mentioned Vision 2030. Since Jubilee came to power Vision 2030 and Lamu Port-South Sudan- Ethiopia- Transport (LAPSSET) became a Kibaki dream. They embarked on a tangent unrelated to those visions, but a tacit mention of Vision 2030 in this policy. We have to be very serious with what we want our country to be. In the old days, the management of public affairs was very strict and for good reason and good human philosophy. Before we even bring this policy to fruition this country has a serious need for a land tenure system to be thoroughly discussed and debated. For a country that is only 21 per cent rain secure we cannot engage in the luxury that I see going on. Madam Temporary Speaker, I do not know if you drive to your constituency every other day or fly. If you do, you will see that from Nakuru as you drive on towards Mau Summit to Eldoret, factories are being built on farmlands. They are consuming farmlands that we so much need to produce food and feed this country. Some of the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): Order! Order, Sen. Wetangula! I thought you were winding up your presentation. You cannot convert yourself from presenting to raising a Point of Order.

I was alerting the Chair.

(Sen. (Prof.) Kamar): Thank you. Can you now raise your Point of Order?

Madam Temporary Speaker, I just wanted to bring to your attention the gross misconduct that was displayed by the distinguished Senator for Nyeri County, who took off his jacket, threw it on the chair and then walked away in his shirt and tie. I have never seen this in my whole life in Parliament. But I will leave it to you to rule on it. Let me carry on with my contribution.

(Sen. (Prof.) Kamar): If you are still presenting, then you cannot raise a Point of Order between your presentation. Just finish your presentation first.

Madam Temporary Speaker, a Point of Order is to alert the Chair that there is something out of order. So, it does not The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): I can see an intervention from--- Are those interventions? There is a Point of Order from Sen. Mutula Kilonzo Jnr.

No, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Yes, Sen. Sakaja.

Madam Temporary Speaker, it is not a Point of Order.

(Sen. (Prof.) Kamar): Okay. I do not know why it is loading the intervention section---

There is a problem with the system.

(Sen. (Prof.) Kamar): Okay. That is fine.

Madam Temporary Speaker, the greatest philosophers of life have always said that the greatest achievement for any man or woman in life is to leave this world better than we found it. There is nothing better than leaving this world with the people we lead better than we found them. That is our ambition, desire and must be our goal. This country with all its enormous resources, both human and physical, must come to terms with how to arrest the mushrooming of little towns everywhere without planning. We must come to terms to ensure that every child born in this country--- Sometimes I pity my friend Dr. Matiang’i. We see him on television saying every child must go to school. Where are the schools and the teachers? I am sure I speak to the minority and majority Senators. My brother, Sen. Wario from Tana River County, I am sure you have schools in your county with children from standard one to eight that has not more than three Teachers Service Commission (TSC) teachers, and you stand here saying, Jubilee forever! We must change the lives of our people. We will only change by The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kamar): Hon. Senators, we were alerted of Sen. (Eng.) Maina’s conduct a few minutes ago. I had said that it was in between, but Sen. Wetangula started off and actually alerted the Chair. I want to put it very clear that the Speaker’s rules are very clear on how we dress when we are in the Chamber or even within the precincts, including the dining area. I want to read this for the sake of Members who may be new. I did not expect that from Sen. (Eng.) Maina because he has been a Member of Parliament before. Rule No. 5 on the Conduct of the Senators within the precincts of Parliament says:- “Senators are required not to enter the Chamber, lounge or dining room without being properly dressed-- ” What does “properly dressed” mean? It means that the male Senators shall be dressed in a coat, collar, tie, long trousers, socks and shoes or service uniform if you are a service man, religious attire if you are a sworn religious man or such other decent dressing as maybe approved by the Speaker from time to time. Equivalent standards will, of course, apply for the women Senators. So, out of that point of order, I want to inform Sen. (Eng.) Maina that he is grossly out of order to have removed his jacket inside the Chamber. This House deserves an apology from him. Proceed, Sen. (Eng.) Maina.

Madam Temporary Speaker, before I come to the apology, I want to request that if this rule is going to be followed strictly, could our toilets have a coat hanger? I do not want to go into details, but it is a bit inconveniencing for someone to relieve themselves properly depending on what relieve one is up to, whenever someone has a coat on. Therefore---

(Sen. (Prof.) Kamar): Order, Sen. (Eng.) Maina! That is information you should have given us before the action that you took.

Madam Temporary Speaker, I request that you also use your good office to ensure that these facilities are properly catered for so that we can follow the various rules, and not just this one of the coat. You also testified to me that I am one of the gentlemen who looks properly dressed.

(Sen. (Prof.) Kamar): That is why we were surprised, Sen. (Eng.) Maina. Conclude. The electronic version of the Senate Hansard Report is for information purposes

Well, Madam Temporary Speaker. I assure you that it will not happen again, but I am just wondering how I will handle my coat. I expect some guidance from you. I want to caution you that my friend Sen. Wetangula always wants to “prick” me sometimes. The other day I appealed to him to keep our personal relationship separate from the House. I need your protection from him.

(Sen. (Prof.) Kamar): Sen. (Eng.) Maina, it was not just one Senator. Every other Senator was following suit. However, because he raised it from the podium, I told him that he cannot interrupt his own session. We have noted what the reason is. However, it is good that everybody notes the dress code and how we behave when we are in the House. Also, to inform you, there are more rooms for use in this complex. If you find one is inconvenient to yourself, please move to the next one because we have many. Do not make Kenyans feel as though we have been restrained to only one room. We have more rooms that are useful to us.

Madam Temporary Speaker, just for the record because whatever you are transacting will be read in the HANSARD years to come, you ordered the distinguished Senator for Nyeri County to apologise; instead he went on a lofty explanation and ended up without an apology. So, your order to him has not been complied with.

(Sen. (Prof.) Kamar): I have not finished with him. I was waiting for him to conclude. Yes, Sen. (Eng.) Maina, you owe this House an apology.

Thank you, Madam Temporary Speaker. I am a law abiding citizen of the land. Unfortunately I did not do law which has caused a lot of misery to this country. My friend who is speaking on this did law. Those who did law are used to picking on things that are unnecessary and causing trouble. However, for the sake of good unity and peace of this House and for the respect of the Chair, I will not repeat this again.

(Sen. (Prof.) Kamar): Okay. I think everybody has noted that. As I said there are many rooms around here. Actually, if you look even in that room carefully, I am informed reliably that there is a hanger somewhere. So, please check. Let us proceed. Sen. (Eng.) Mahamud.

Thank you, Madam Temporary Speaker for giving me the opportunity to contribute to this Motion on the National Urban Development Policy. This subject has been canvassed for a long time. In fact, if you look at this country, there is a serious problem of planning in urban areas. One wonders who is responsible for various activities within our urban areas and who approves those developments. However, there are actually a lot of haphazard developments coming up in our cities. If you look at Nairobi today, it has expanded and enjoins many towns like Thika all the way to Kajiado. That is why in 2004, the Government came up with the metropolitan development area. The purpose then was to plan these areas as one metropolitan urban area, but up to today there is no connection between those areas despite the fact that many people who come to work in Nairobi actually live in those cities. If you look at the western side of The electronic version of the Senate Hansard Report is for information purposes

Sen. Seneta Mary Yiane. The electronic version of the Senate Hansard Report is for information purposes

Thank You Madam Temporary Speaker for giving me a chance to also contribute and support this Motion on the adoption of the Sessional Paper No. 6 of 2016. In the last four decades, Kenya has witnessed rapid urban growth in the rates of about 5 per cent and also a great population moving to the urban areas which has also impacted and given a lot of pressure to the Government in terms of funding. The rapid growth of urban areas has also brought a lot of challenges to the country because of lack of adequate facilities. Many of our urban areas face quite a number of challenges, like lack of water and sanitation, sewerage systems, youth unemployment rates, lack of security and poor infrastructure. If, today, you walk to all our small urban areas coming up all over the country, not only in Nairobi, but also Kitengela, Kiserian and other small towns around Nairobi, you will always get that there is traffic jam which is brought about by the issue of us not having enough space. Our roads in towns are not well made, and therefore people waste a lot of time entering and going out of town. Many young and energetic Kenyans waste a lot of time on the roads because of traffic jam instead of putting that energy in productive work to benefit the economy of the country. I can say that this Policy has come at the right time to provide a framework for the management of our urbanisation and the urban development of Kenya. However, looking at the framework, I think there are many other regulations and policies that are shelved in our ministries that need implementation. As a country, we also need to have a ministry that deals with urbanisation rather than only having the Ministry of Industrialisation which only deals with industrialisation. We need to have a ministry that deals with urbanisation because urban areas also enhance the economy of this country, promote our Gross domestic product and therefore need a lot of concentration in terms of the implementation of the policies. We need to put a lot of emphasis on planning. Our urban centres are just growing without proper planning. That is why you get people building industries within estates, estates coming up in commercial areas, and petrol stations being built within residential areas. It is a fact that lack of planning has contributed to a lot of conflicts and pollution. In fact, there is quite a lot of noise pollution in our towns. People at night experience a lot of noise pollution coming from churches, bars and restaurants which are within residential areas. I think there is totally a mess in terms of planning of our urban areas. We also need to have recreation facilities and services in our towns where the urban population can access sports activities, children can access playfields and also our urban area population can relax during their free time. We have, in our urban areas today people who lack even a place to relax even when you are not working. We also have our youth in our urban areas who have no sporting facilities to use during their free time which is why most of the time, you get them being in bars, insecure places because they have no areas to rest or even play during their free time. In our urban areas, we also need to consider public services like access to schools, hospitals and toilets. In our urban areas today, for example, Kitengela where I come from which is a growing area, there are no enough public toilets within the shopping centre. You therefore, get many people going to help themselves in hotels The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker. Let me also give my contribution towards this Policy, which is, indeed, a wonderful document we are seeing here. It has covered all key areas that will make functional cities. I believe this is what we need and it is long overdue. What makes me happy about the recommendations given is that there is a huge contribution by the counties towards implementation of this document. That is a very positive move because everything is now boiling down to the counties themselves. The Senate Minority Leader gave a very good presentation and said a lot of the things that I wanted to say and I do not need to belabor some of them. But I have to comment because sometime I wonder what our role is as parliamentarians. Whereas there are Ministries which are supposed to take care of urban planning and infrastructure, there is a lot that we can do as parliamentarians to emphasise and make sure that it is done. For instance, as parliamentarians, we go out for benchmarking trips and when we come back, what contribution do we give from the lessons we learn from outside? So, when one parliamentarian is wondering why a town like Rongai does not have sewers for so long, what has he done about it? Our city planners have let us down a lot in most of our urban centres. We have heard in the earlier presentation that they give approvals for factories in the middle of residential areas. The question then is; what role do we play as parliamentarians? This is because most of the time, those factories are owned by parliamentarians, who push to get some of these approvals. It makes me wonder how much, then, do we as parliamentarians, love our people? The issues that are outlined here about urban planning, urban land environment, climate and the issue of sustainability are issues that matter to our people. Regarding the issue of sustainability, today there is a United Nations (UN) report that says how much pollution in Nairobi has escalated to the point where we should be worried about the health of our citizens. This is the case with urban infrastructure, not The electronic version of the Senate Hansard Report is for information purposes

Thank you, Madam Temporary Speaker, for the opportunity. First, I would like to respond to something that Sen. Mwaura mentioned about the Physical Planning Bill. The reason we challenge the Physical Planning Bill is because the Ministry of Housing and Urban Development developed a Physical Planning Bill which was contrary to the Land Policy signed by the then Minister in charge, Hon. James Orengo, now Senator. That Policy required that we prepare something called the Land Use Planning Bill. I challenge that Bill because it is taking us back prior to 2010. Prior to 2010, the Physical Planning Act has been used by the Government and some functionaries as the excuse to grab land in unplanned areas. That Bill was attempting to create a structure and a monster with a ‘director of physical planning’ which is the reason why the Land Use Planning Bill was proposed. Lastly, Madam Temporary Speaker, the function of planning, what is called ‘physical planning’ – but the Constitution contemplates ‘land use planning’ under Article 76 – was now being taken back to the national Government and yet the Constitution thought otherwise. So, this Policy is actually late to the extent that I am not sure when we will finally pass it; whether we are going start demolishing the illegally constructed buildings, sky scrapers in city estates; the diversion of rivers in Nairobi so that people can have supermarkets and shopping malls along the river or the buildings on riparian land. What are we going to do? I have read this document and it does not acknowledge that somebody sitting in City Hall has approved what would be an illegality, because people have built all the way on riparian land. The Senate Minority Leader spoke about people building next to roads. Nobody is talking about people who have built city estates; investments worth billions of dollars over rivers; Kirichwa River is one of them. Madam Temporary Speaker, while I was reading this, I came across something called ‘disaster management’. I have proposed a Bill – which will soon be published – called the Disaster Management Bill. Since Independence, Kenya, as a nation, does not The electronic version of the Senate Hansard Report is for information purposes

We are having a protocol hitch! There is no Speaker to address.

(Sen. (Prof.) Kamar): Go ahead Mheshimiwa.

Mr. Deputy Speaker, Sir, in cities all over the world, water used in bathrooms and toilets comes through different systems and you pay differently. So it is possible that we charge Kenyans and persons in urban centers for use of water but then the water and electricity is available. Sen. Wetangula talked about Bombay which is now called Mumbai. There is no city in the world that has got more people than Mumbai, but their slums look so good that they have been given accolades for slum upgrading. Even if you acknowledge that these people are going to live in squalor conditions, they are squalor because they do not look like people living in big estates, but those people live in a place that is tarmacked, has electricity and water. We have distinguished other Kenyans by putting them in slums. There is a slum called Githogoro, which is in Runda. In the middle of billionaires you have a slum. Immediately after Lavington, Amboseli Road, Kawangware 46, there is a place called Congo that Sen. Sakaja knows very well begins there. The same is in Langata. Why do we have to distinguish Kenyans? Therefore, I support this but the recommendations and the proposals here will not make any sense if they do not end up in legislation that we can enforce. When I was growing up there was garbage collection. We used to have dustbins that we would leave somewhere along the road so that garbage is collected. It was never an issue. It should never be an issue. We should have places where garbage can be collected; we can have water, good markets and security. People are paying so much money for private security The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, thank you for giving me this chance to support this Paper before me; a very big document. There is a large percentage of people moving from rural areas to urban centres. It means that urban centres are getting large populations from rural areas. In line with this, urban centres should be managed. The only way to manage them is to get good transport, housing, electricity, water and the sewerage system developed in a proper way. Mr. Deputy Speaker, Sir, to ensure proper development of infrastructure, it would be better to have a Ministry of urban development and industrialisation. The Ministry will be in charge of all infrastructure and the work of rural development will be easier. There is so much littering in most of the urban centres due to negligence by human beings who are in these big cities. The same could be controlled if the Ministry for urban development and industrialisation was in place. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. I stand to contribute to this Motion. I have a great attachment to this Motion because I am the most immediate former Ambassador for United Nations (UN) Habitat and the Permanent Representative. I took part in the negotiation of the New Urban Agenda which we were able to develop in Quito, Ecuador, on 20th October, 2016. Subsequently, before I quit to join politics, we were able to have it passed in the General Assembly on 23rd December, 2016. I think there is a lot that has been misunderstood when we talk of the New Urban Agenda or the planning for the cities and the original planning of both the cities and other places. I would like to draw the attention of this august House to the fundamental issues that have been raised in this Policy Paper, particularly as it relates to urban governance, urban finance and urban economy. These are very basic elements that we need to apply ourselves to. What is the meaning of planning? It is now visualised that by the year 2050 the world population will have more than doubled. In the 21stCentury, one of the most interesting trends will be in the area of New Urban Agenda – the new urban planning. Left to go the way it is now, in a haphazard manner, we are only creating mountains of slums. There will be no beneficial effects whatsoever to any of the populations that will be staying in those urban centres. Mr. Deputy Speaker, Sir, this Policy is a little bit out of date because it was meant to spur the debate and discussions as an input towards the New Urban Agenda that we concluded in Quito and in the General Assembly. However, screening through these elements, some of them have been fairly captured. The major interest in any nation or opportunity is that we must capture the whole nation and not just one city – Nairobi. I remember during the negotiations we had to insist--- Of course, at that time I had in mind that Kenya has 47 counties and, therefore, potentially, these are 47 cities that we are talking about. There are also peri-urban centres – centres that are not within the urban centre itself – that will also require equal attention in planning in order to achieve these objectives. In our negotiations, it was clearly agreed upon by the entire world that these will include national governments, county governments and sub-national county governments. The sub-national county governments will be the constituency level in our case. We may have some of the urban centres in our respective constituencies. That is tacitly there. The greatest investment is going to come out of the urban economy. If we plan well and do it right, that is where the rest of the investment from the so-called developed nations is going to come from to bolster the economies of various countries. If you have a haphazardly planned city, nobody will want to invest in it. Normally, there is a scramble for the first line on the street. If the buildings behind the first line are haphazard and are totally unplanned, they will attract no investor whatsoever. Row one, two, three, four should be equally attractive to any investor to put their money there because the Gross Domestic Product (GDP) of any nation is generated from these investments. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): That is quite professorial, Sen. (Prof.) Ongeri. Please proceed Sen. Sakaja.

From one professor to another!

(Sen. (Prof.) Kindiki): Order, Senator!

Mr. Deputy Speaker, Sir, kindly allow me to start by passing my condolences to the family of the late hon. Francis Nyenze, who we have learnt passed on today. I have remembered that based on what Sen. (Prof.) Ongeri has spoken about with regard to the environment and cancer. It is sad that we have lost such a great leader. The first time I incidentally met the late hon. Nyenze was when I was in primary school. I had just won the United Nations Children's Fund (UNICEF) International Environmental Debate and he was the Minister for Environment then. I was in class eight then when he awarded me and he developed a keen interest in me. We have been friends since then. As fate would have it, we got to meet later in the National Assembly, where he was the Leader of Minority and I was a Member in the Majority side and we had a very interesting relationship. I pray that God rests his soul in peace and gives his family strength and fortitude in this difficult time. I deliberately chose to speak on this Motion on the Sessional Paper after most Members have spoken. I listened to the Senators debate yesterday and today. The reason that I did that is because, as you have heard, a lot of the references being made on this Sessional Paper are directly about the management of Nairobi. Of course we have Kisumu, Nakuru, Mombasa, Eldoret and all the other urban areas, as defined in the criteria in the Urban and Cities Act. Indeed, I hope that the great concerns that I have heard from the Members of the Senate today and yesterday – you can hear the frustrations and disappointment – on the state of our Capital City. I hope that, then, will then translate to the point when I will be urging my fellow Senators to support certain specific interventions that might be special for the Nairobi City County. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator! Despite mentioning Tharaka Nithi County, I will give you not more than three minutes to put your thoughts together.

Thank you, Mr. Deputy Speaker, Sir. There is a lot to talk about, but I will just speak in summary. There are many areas to go into. All this is as a result of years and years of poor leadership within the city, from the councillors, the mayors and previous county governments, which I do not hesitate to point out the wrongs they have done. Moving forward, we need to integrate urban planning and development and make sure that this implementation matrix is taken seriously. This should not be one of those papers that Kenya is known for; just passing papers and a lot of policy documents without clear implementation. I want to promise the people of Nairobi County and by extension the people of Kenya - because of how important Nairobi is to Kenya - that I will be there every single day for the next five years of my term in the Senate to make sure that we create a world class capital everyone will be proud of. Everyone comes to Nairobi for the same thing; to go about their lives peacefully, make something out of themselves and guarantee their children a future. We owe it to them to make sure that we are that kind of a City. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Sen. Dullo, are you replying on behalf of the Mover?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Do not take more than five minutes. Proceed. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I wish to take this opportunity to thank all the Members who have contributed to this particular Motion. I believe it is rather late to have this particular policy because it should have been in place long time ago due to the current concerns that have been raised by Members. A lot of issues were canvassed and also a lot of good ideas were brought by Members in the debate. Therefore, I believe the relevant Ministry should pick it up and make sure that they have used those concerns and ideas that have been raised. Once we pass this particular policy, it is important that we should look at other policies and legislation that will be affected by it so that they are all in tandem and this has to be done as quickly as possible. Finally, as many speakers have said, this concern does not affect only cities in this country. It is important for us to cascade this down to the counties because even counties have similar problems. So, I believe the Ministry should be able to have similar policies and legislation to make sure that we have planned for our counties. Further, with the Senator of Nairobi City County present, there are a lot of issues affecting this city especially noise pollution in estates. For example, where I stay, you will find bars and restaurants running in those estates, which is wrong. Some of them play very loud music in some areas and especially areas like Lavington and Kileleshwa. In the previous leadership, the City County of Nairobi was licensing those restaurants and bars which is also very dangerous for the children in the neighbourhood and also for the security of people living within those vicinities. Therefore, the Super Senator of Nairobi should help us so that we can have a peaceful and private residence so that we can go and rest whenever we want to go back home. With those few remarks, I beg to reply.

(Sen. (Prof.) Kindiki): We have Senators for 47 counties in this Chamber and do not have a Super Senator. Anything to that effect is absolutely informal. Sen. Dullo, would you want to move the Chair to consider anything given that we do not have numbers to proceed? The next would be Division, ordinarily.

Mr. Deputy Speaker, Sir, looking at the number of the Members in the House, and in line with Standing Order No.55(3), I would request you to defer putting of the question to a later date.

(Sen. (Prof.) Kindiki): Having determined that this is a matter that concerns counties and, consequently, considering that as such this Motion would require Division; in light of the request made by Sen. Dullo on behalf of the Mover of the Motion, I direct that the House defers the Division to Wednesday, 13th of December, 2017, considering that Tuesday is a public holiday. It is so ordered. ( Motion Deferred ) Next Order! The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Is the Senate Majority Leader in the House?

We even have less than ten minutes, but are you ready in the first instance?

Mr. Deputy Speaker, Sir, looking at the time we have very few minutes to---

(Sen. (Prof.) Kindiki): I asked if you are ready in the first instance.

Mr. Deputy Speaker, Sir, I am not ready. I am requesting if you can defer the Motion.

(Sen. (Prof.) Kindiki): Very well. Resume your seat.

Next Order! ADOPTION OF SESSIONAL PAPER NO. 2 OF 2016 ON NATIONAL SLUM UPGRADING AND PREVENTION POLICY THAT, this House adopts the Sessional Paper No.2 of 2016 on the National Slum Upgrading and Prevention Policy, laid on the Table of the House on Tuesday, October10th, 2017.

(Sen. (Prof.) Kindiki): This Motion is to be moved by the same suspect. I think it is practical to defer that Order as well and all the subsequent ones because we have less than nine minutes to the end of our time.

(Sen. (Prof.) Kindiki): Order, Senators! There being no other Business, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Thursday, 7th of December, 2017, at 2.30 p.m. The Senate rose at 6.30p.m. The electronic version of the Senate Hansard Report is for information purposes