(Sen. (Prof.) Kindiki): Hon. Senators, we have a number of papers. We shall start with 1(a), which is the Report of the Joint Parliamentary Select Committee on Election of Members to the East Africa Legislative Assembly (EALA). I am informed that Sen. Dullo will be laying that Paper on behalf of those responsible. REPORT OF THE JOINT PARLIAMENTARY SELECT COMMITTEE ON ELECTION OF MEMBERS TO EALA

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 7th December, 2017:- Report of the Joint Parliamentary Select Committee on Election of Members to the East Africa Legislative Assembly (EALA).

(Sen. (Prof.) Kindiki): Very well. Let’s move to the next Paper; Annual Report and Financial Statements of the National Police Commission for the Financial Year 2016-2017.

Mr. Deputy Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 7th December, 2017:- The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): How many Papers have you laid, Sen. Dullo?

Mr. Deputy Speaker, Sir, I have laid all of them.

(Sen. (Prof.) Kindiki): Sen. Dullo, can you also lay the business of the coming week, so that we dispense with it, although we normally combine it with the actual statements? You can resume your seat. Traditionally, you lay the Paper as you give the Statement. Next Order!

(Sen. (Prof.) Kindiki): Sen. Dullo, please approach the Chair. Normally, you wait to be called out; this is not a place that you can stampede.

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to the provisions of Article 50 of the Treaty for the Establishment of the East African Community and Rule 13(5) of the East African Legislative Assembly Elections (Election of Members of the Assembly) Rules, The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki):Hon. Senators, we have two Statements on the Supplementary Order Paper. Both of them are to be issued by the Senate Majority Leader. Let us start with Statement no. 3(a).

Clerks-at-the-Table, some Senators do not have the Supplementary Order Paper. I am making that assumption because I heard some noises from some of them, which was unprocedural. Actually, I should not have heard. What is it, Sen. Khaniri?

My apologies, Mr. Deputy Speaker, Sir. The noises were coming from these quarters; I should know better. I was just bringing to your attention that the Supplementary Order Paper that you are referring to is not in our possession. I heard you say ‘some,’ but nobody here has the Supplementary Order Paper. Therefore, we cannot follow.

Mr. Deputy Speaker, Sir, the Supplementary Order Paper has now been supplied. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): The Supplementary Order Paper has now been supplied. We will proceed with the Supplementary Order Paper all through. It was necessitated by a small adjustment on the election date of the Members of EALA; from Wednesday to Thursday. What does the Senate Majority Leader have to say about Statement (a); the alleged delay by the National Treasury to release funds to the county assemblies? It was requested by the Senator for Machakos County. DELAYED RELEASE OF FUNDS TO COUNTY ASSEMBLIES

(Sen. (Prof.) Kindiki): Do you have the Statement?

Mr. Deputy Speaker, Sir, I do not have the Statement. I request the Senator for Machakos County to give us up to next week to give that statement. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. (Dr.) Kabaka.

Mr. Deputy Speaker, Sir, this is a serious matter. Last time, the hon. Senator requested up to today. Last time, he asked for two weeks but we generated down to today. The Members of County Assembly (MCAs) and the County Assembly of Machakos are suffering because His Excellency the Governor of Machakos has decided to punish them simply because they did not approve the County Executive Committee (CEC) Members. So, any delay will bring the business of the County of Machakos to a halt. Be specific on when you will deliver the Statement next week. Let us not prolong it. I am aware that you have prolonged the House up to 15th December, 2017. Indicate the date but if you can give your response latest by Tuesday, I will be satisfied.

(Sen. (Prof.) Kindiki): Order Sen. Kabaka. Are you saying that you are satisfied if the Statement can be issued next week on Wednesday?

Yes, Mr. Deputy Speaker, Sir. I know Tuesday is a public holiday.

(Sen. (Prof.) Kindiki): That would amount to one week from today. Will you be satisfied?

Yes, Mr. Deputy Speaker, Sir, I will be satisfied.

Mr. Deputy Speaker, Sir, I would request Sen. Kabaka to give me up to Thursday, next week.

I will help you by giving you documents.

(Sen. (Prof.) Kindiki): Order, Sen. Kabaka! Resume your seat. There is a difference between this process and all the other processes that we have out there. Sen. (Dr.) Kabaka, you will now have the microphone.

Mr. Deputy Speaker, Sir, I will help the Senator to get the information. She needs to meet with me so that can I give her the document. The money has already been released to the executive but he does not want to release the money to the County Assembly. That is why last time in that Statement, I requested that if the worst come to worst, we have power to summon the Governor of Machakos County to appear before the Ad Hoc Committee and show cause why.

(Sen. (Prof.) Kindiki): Sen. (Dr.) Kabaka, you appear to be attempting to issue the Statement. Sen. Dullo, you are lucky because the Senator who requested for the Statement is willing to support you. It is directed that the Statement be issued on Wednesday, 13th December, 2017. We proceed to Statement 1(b) BUSINESS FOR THE WEEK COMMENCING TUESDAY, 12TH DECEMBER, 2017

Thank you, Mr. Deputy Speaker, Sir. Hon. Senators, pursuant to Standing Order No. 46, I hereby present the business of the Senate for the coming week. Tuesday 12th December, 2017 will be Jamhuri Day and thus it is a public holiday. Therefore, there will be no sitting. As Kenya marks 54 years of Independence, it is a time to celebrate the milestones we have made as a country including our democratic system and adherence to the tenets of our Constitution which have been highly tested in the recently concluded electoral process. It is also a time to reflect on the challenges we The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Sen. Farhiya. Proceed, Sen. Dullo.

Mr. Deputy Speaker, Sir, the Senate Business Committee (SBC) will meet on Wednesday 13th December, 2017, to schedule the business of the Senate. Subject to the directions of the Committee, the Senate will continue with the consideration of the following business:- (1)Division on the Motion for the Annual Report of the Controller of Budget on County Governments Budget Implementation Review for the Financial Year 2106/2017; (2) Division on the Motion for adoption of Sessional Paper No.6 of 2016 on the National Urban Development Policy. Further to this, if the House adopts the Report of the Joint Parliamentary Select Committee on the election of Members to East African Legislative Assembly (EALA) scheduled on the Order Paper for today, then the House shall proceed to elect Members of the Assembly in accordance with the EALA Elections (Elections of Members of the Assembly) Rules, 2017. I request Senators to avail themselves for the division and election in order to conclude this important business. On Thursday, 14th December, 2017, the Senate will consider business that will not have been concluded on Wednesday and any other business scheduled by the SBC. Finally, hon. Senators, the Senate will proceed on recess at the rise of House on Thursday, 14th 2017, in accordance with the Senate Calendar. I ask that the commitment that you have exhibited in executing the business of the House remains unwavering as we come to the final week of the First Session of the Twelfth Parliament. I thank you and hereby lay the Statement on the Table of the House.

(Sen. (Prof.) Kindiki): Very well. We proceed to the next Order.

Mr. Deputy Speaker, Sir, I wish to move the following Motion:- THAT, pursuant to the provisions of Article 50 of the Treaty for the Establishment of the East African Community and Rule 13(5) of the East African Legislative Assembly Elections (Election of Members of the Assembly) The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Sen. Dullo! Order! If you proceed at that pace, you are going to take two hours.

Mr. Deputy Speaker, Sir, okay. I will shorten it.

(Sen. (Prof.) Kindiki): It is the position of the Chair that Senators already have a copy of this Report, because you tabled it as a paper. So, you would help this process by summarising the key findings and recommendations so that, then, the other issues can come out during the debate. I am sorry to interrupt you, but that The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. I was trying to highlight this report for the purpose of members of the public who are listening, to understand the process that we have taken. But if you have ruled that way, then I can just give a summary. Mr. Deputy Speaker, Sir, the members or individuals who have been nominated by the Jubilee Party for the purpose of this election are as follows: 1. Hon. Simon Ng’ang’a Mbugua 2. Hon. Adan Mohamed Nooru 3. Mr. Charles Ayako Nyachae 4. Hon. Lawrence Mpuru Aburi 5. Hon. Wanjiku Muhia 6. Ms. Elizabeth Wangui Njeeh 7. Hon. Abdul Aziz Ali Farah 8. Ms. Irene Cherop Masit 9. Ms. Flowrence Jematiah Sergon 10. Mr. Justin Nthiiri Bundi 11. Ms. Eunice Wanjiru Karanja 12. Mr. Jackson Kipkemoi Kosgey 13. Ms. Dorice Donya Aburi 14. Dr. Muriuki Joe Muriithi; and, 15. Ms. Julie Njeri Waweru. The NASA Coalition nominees are as follows: 1. Hon. (Dr.) Oburu Oginga 2. Mr. Kennedy Musyoka Kalonzo 3. Mr. Norman Magaya Amugira 4. Hon. Fatuma Ibrahim Ali 5. Hon. Abdikadir Omar Aden 6. Ms. Beth Kalunda Mutunga-Syengo 7. Hon. Abubakar Zein Abubakar 8. Ms. Loy Mwandi Maviala 9. Ms. Angela Mueni Munyasia 10. Ms. Winfred Syonindi Mutua; and, 11. Ms. Jane Moronge Marwa Independent candidates for the purposes of nomination are as follows: 1. Mr. Cheruiyot Kemei Tamogei 2. Ms. Hellen Makone 3. Mr. Eric Wanjohi Gatheru 4. Mr. Billy Baltazar; and, 5. Mr. Humphrey Kimani Njuguna Those are the members who were actually nominated for the purpose of this election. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): You have not moved your Motion.

I am sorry, Mr. Deputy Speaker, Sir. I would request The Senate Majority Leader to second---

(Sen. (Prof.) Kindiki): Order, Sen. Dullo! You have not moved your Motion. The reason you are called a Mover is so that you can move the Motion.

Mr. Deputy Speaker, Sir, I think I said that earlier, but I beg to move and request The Senate Majority Leader to second. Thank you.

Thank you, Mr. Deputy Speaker, Sir. I beg to second this Motion. I start by congratulating the Deputy Majority Leader for having done an exemplary job. I was listening to her as I was coming here and she has made a very good presentation. Mr. Deputy Speaker, Sir, as we have said over and over again, we are the ones who are holding the EALA from proceeding in the manner in which it should because of the election timelines and the delays that we had because of our elections. Something needs to be done in the next general elections of 2022 so that we do not face the same situation again. It will be important that, after this process is done, that we consult with the EAC partners to be doing this perhaps after the August elections so that we do not have this problem. This is because having the election some months to the general election is really a big problem because everybody is focused on whether they will survive or not. Many of them will have even lost interest in matters legislature and they are talking about being President, being in the Executive or even retiring from politics altogether. Secondly, I would like to note that the rules that we passed here will also need to be revisited in future. This is because they provide room for independent candidates to be allocated a seat based on the number of elected independent persons. Independent candidates in Parliament are independent of each other. You cannot now come and form a political party called Independents because every independent candidate is independent of the other one. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Is there no interest in this matter? There seems to be a technological issue, let us be patient for a while.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to contribute to this Motion. I thank the Joint Committee for doing a good job in such a short time. This matter has been pending for a long time. We should have had this election in June this year. We have been holding back the other states of the EAC. We are happy that our brothers from NASA have joined us by submitting the names as required. The problem then was that there was difficulty in submitting the names as per the Regulations and Rules of the Community. The Joint Committee has recommended the nomination of the persons listed on pages 27, 28 and 29. There are 14 Members from Jubilee Party and 11 Members from the NASA coalition. This will be a running list where you choose five from the first ballot paper as the Senate Majority Leader has said. You will then choose four from the second ballot paper, which will be from the NASA Coalition. I know that the rules were different in the last elections held in 2012. Then, the candidates were put in various clusters where you could only pick on one person from each cluster. There were nine clusters. I hope that when Members will be choosing from this list, they will make sure that there is equity and distribution across the regions and counties. It is not only any five or any four but it is a reflection of the face of Kenya so that when we send our people to EALA, we will have Kenyans who represent the full face of Kenya in all shades, gender and regional balance included. With those few remarks, I support the Report of the Committee.

(Sen. (Prof.) Kindiki): Thank you Sen. (Eng.) Mahamud. Could we hear from Sen. Kihika?

A point of order, Mr. Deputy Speaker, Sir. I would wish to move an amendment on this Motion that---

(Sen. (Prof.) Kindiki): Then you should have pressed the right button, which you have not. Please, approach the Chair.

Yes, Sen. (Prof.) Ongeri.

Thank you, Mr. Deputy Speaker, Sir. I support this list on the understanding that our foreign relation with our neighbours is a very critical factor. Most of the issues that are emanating; either because of some level of misunderstanding, The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Yes, Sen. Wako.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to speak on this very important subject. I regret a confusion that has been with my card. I have tried it in five different places, but it was not registering. Therefore, I thank you for having recognised my efforts to stand up and speak. First of all, I want to commend this Committee for the excellent work that it did, which was very meticulous. The Report is very comprehensive, detailed and tells us how The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Sen. Wako! Be careful.

Mr. Deputy Speaker, Sir, at least I can say without any fear of contradiction that I saw the mother expecting Sen. Sakaja because there is a very close friendship between our two families from the time of his grandfather, to my father, and so on. So, I saw the mother pregnant. Little did I know that the one who was being carried The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Sen. Wako. Sen. Kihika, proceed.

Thank you, Mr. Deputy Speaker, Sir. I beg to move an amendment that:- The Motion be amended by deleting the phrase “and further resolves that the election be held on Wednesday, 13th December, 2017,” and inserting thereof the phrase, “subject to amendment of Paragraph 6 at Page 29, thereof, by deleting the phrase, “13th December, 2017,” appearing on page 29 and inserting thereof the phrase “14th December 2017.” Mr. Deputy Speaker, Sir, it is necessary that we have this amendment because after deliberation by the leadership of the House, it was agreed that this happens on 14th December as opposed to 13th December, 2017. As such, it would be important to amend the report so that it is in sync with the resolution of the House or what we are trying to pass this afternoon. I beg to move and request Sen Cherargei of Nandi County to second the amendment. Thank you, Mr. Speaker, Sir.

(Sen. (Prof.) Kindiki): It is the Senator “for” Nandi and not the Senator “of” Nandi.

Order! Proceed, Sen. Cherargei.

Thank you, Mr. Deputy Speaker, Sir. I rise to second. In the same vein, I want to take this opportunity to thank the Joint Parliamentary Select Committee for the good work they did. I agree that the membership from Kenya has not been elected to the East African Legislative Assembly (EALA) because of timelines that The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Senator! Restrict yourself to the amendment of the dates from 13th to 14th. You will, of course, have an opportunity, if you wish to contribute to the debate on the substantive Motion. For Sen. Kihika, the Chair can correct himself; he is actually the Senator “for” Nandi County and not the Senator “of” Nandi. Senator, proceed and restrict yourself to the amendment.

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Proceed, Sen. Wako.

Mr. Deputy Speaker, Sir, I beg to support the amendment, of course, because I can see the reasoning of it. But I want to be told the reasons for the change. Only yesterday, we agreed on 13th December and if you may recall, I complained yesterday that I foresee that this would happen. After agreeing on 13th yesterday, today it has been changed to 14th and, maybe, on Tuesday we shall be told another day. Why are we postponing these dates by one day from Wednesday to Thursday? I just want to be told the reason.

(Sen. (Prof.) Kindiki): So, who would you want to respond; is it the Mover of the amendment, the Chair of the Committee or the Leader of Majority?

Mr. Deputy Speaker, Sir, it is the Mover of the amendment, who is the former Speaker of Nakuru County.

(Sen. (Prof.) Kindiki): You must be very specific; she is the Senator for Nakuru County.

Mr. Deputy Speaker, Sir, it is the Senator for Nakuru County and the former Speaker of the County Assembly of Nakuru County. I just want to be told the reasons; that is all. Otherwise, I support you.

Thank you, Mr. Deputy Speaker, Sir. The reason that we are requesting to amend the date for the elections from Wednesday, the 13th to Thursday the The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I accept the reasons. But all I want to say is that it appears that we are just following the National Assembly; whereas the National Assembly should be following us. So---

(Sen. (Prof.) Kindiki): Not quite! I think she gave two reasons. She did not talk about following the National Assembly, but said they need to synchronize the elections in both Chambers. But there was also a second reason; namely, Tuesday, the 12th being a public holiday, it is assumed majority of the voters, who are Members of the National Assembly and the Senate, might travel upcountry. Therefore, it can be tricky to have an election the following day.

Mr. Deputy Speaker, Sir, I understood that.

(Sen. (Prof.) Kindiki): So, those were the reasons but the issue of following is your own conjecture, Attorney General, Emeritus .

(Sen. (Prof.) Kindiki): You point has been noted, Sen. Wako.

It was on a light touch, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Thank you.

(Sen. (Prof.) Kindiki): Sen. Murkomen, it was on a light touch and there is no need to prolong the matter. Sen. (Prof.) Ongeri, do you want to speak on the amendment?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): You have the Floor.

Mr. Deputy Speaker, Sir, I hope that there are no other games being played on the postponement of the date from 13th December to 14th December, because that falls on a Thursday and we are supposed to adjourn on that date. We do not want to hear another story later on that there is something else which has happened occasioning the postponement of these appointments to next year when the House again resumes in February. I want a tacit reassurance that that would take place on that day, on 14th of December. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Now, between Sen. Kihika and Sen. Murkomen, who wants to respond to that? This is because you are jointly and severally responsible by virtue of where you are sitting. The information I have is that it is Sen. Kihika was doing it on behalf of the Senate Majority Leader. But we can hear from both of you; you have 30 seconds each. Please, do not give a speech.

Mr. Deputy Speaker, Sir, I hope that the Sen. (Prof.) Ongeri, being an experienced Parliamentarian, knows that there can be no games played without the approval of the House. So, if any changes were to happen, because we are doing it via a Motion, there is nothing that can be done until this House sits here to pass the Motion. So, it is not an administrative action that can be done outside the procedures of Parliament. Secondly, is to confirm to the House that we consulted under the constitutional requirements and concurrently, the changes were made here as they are being made in the National Assembly. The reason is that it is one election in two polling stations. One polling station is the Senate while the other is the National Assembly. Unless there are serious reasons to postpone elections in one polling station, for example, serious “resistance”, nothing can stop this election from taking place on Thursday.

(Sen. (Prof.) Kindiki): Order Sen. Murkomen. Sen. (Prof.) Ongeri are you satisfied?

Yes, Mr. Deputy Speaker, Sir. If they take the concept that there are two polling stations, I will accept that position. I only wanted the assurance that we do not again fall in the same mistake that you found yourselves in, in June. I was not here when this had to be postponed, unfortunately, until after the elections. I saw some of the write-ups from the Member States within the EALA complaining that Kenya has delayed the East African Community (EAC) in transacting major businesses that are required to be done by these nations. That is really the spirit upon which I am asking for this assurance; not for any other pecuniary gain. It is important that we are all clear that, come 14th December, 2017 next week we shall be able to vote as required by law. Thank you Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Hon. Senators, I want to put the question on the matter of the amendment. I determine that this is not a matter affecting counties, so, we will vote in the way of “ayes” and “nays”.

(Sen. (Prof.) Kindiki): Order, Senators. We can now resume debate on the Motion. I see the request from the Senator who shares the name with this House, Senator Mary Seneta. The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Deputy Speaker, Sir, for giving me a chance to also contribute to this important Motion. From the onset I support the Motion with the amendment. I also commend the Joint Parliamentary Select Committee on three issues; for having tried to meet the timelines being aware that this important legislative assembly was supposed to be in place by June this year. As a Member State we were already late and so for them having sat within a very short time and come up with this important Report is commendable. I commend them because having looked at the many applicants from all parties and the requirements that were to be looked into, it was quite a lot of work. I commend them because having briefly looked at the number of applicants; they have taken into consideration regional balance, gender and constitutional requirements. They have therefore done commendable work. It is high time that we put in place this institution because as a member state we need to make sure that we continue with the relations of the EAC. Without this institution that is supposed to make policies, we may lag behind as a region. I urge this House that when we are coming to elect these Members, we need to look into regional balance, gender and also consider interest groups like Persons with Disabilities (PWDs). I congratulate and commend the women who have finally made it to the list. I wish them all the best. We shall also look into how we can make sure that we have women being elected to also participate in the EALA. I urge Members to look into competence when they are voting for Members to serve in this Assembly. This is an Assembly which will bring together Member States from all the East African countries. Therefore, we need Members who can interact and argue on matters that can push our interests forward as a country. At the moment, we already have issues with our neighbouring countries like Tanzania which seem to have affected our---

(Sen. (Prof.) Kindiki): Order, Sen. Kabaka. Have a seat. Proceed, Sen. Seneta.

Thank you, Mr. Deputy Speaker, Sir, for protecting me. I was saying that this Assembly needs people who can look into the interests of Member States. This is because at the moment we already have a problem with Tanzania. As one of the Members of this House coming from Kajiado County, we are not enjoying good relations with Tanzania because of what happened recently. We need Members who can go there and chart the way forward in terms of how we relate socially and economically with Members States. This House, therefore, needs to look into electing people who have the knowledge and some background on how to look into these political interactions with other Member States. Mr. Deputy Speaker, Sir, I totally support this Motion and urge my colleagues to make sure that we elect the right people to the Assembly.

(Sen. (Prof.) Kindiki): Yes, Sen. Omogeni. The electronic version of the Senate Hansard Report is for information purposes

Mr. Deputy Speaker, Sir, I rise to support this Motion. First, I commend the Committee that was tasked to do the shortlisting. It is not an easy thing combing through Curriculum Vitaes (CVs) of 208 people. I hope that this process has been transparent. I would have loved to have an annexure of all the 208 applicants. Perhaps, next time we give a task to a Committee of the House, it will be good, for transparency, to have the names of all the applicants. As a country we should ensure that this becomes a learning experience for us. This process was initiated by the East African Community way back in December 2016. It has taken a whole year for Kenya to send its nominees to the East Africa Legislative Assembly (EALA). This is a trend we should not accept in future. Mr. Deputy Speaker, Sir, professionals are the biggest stakeholders in the East Africa integration process. Because of the suspicion we have from our brothers and sisters in the other East African countries, we have never achieved some of the benefits we would have wished our professionals to enjoy. Being a lawyer, you know that we have never achieved the dream of having cross-border practice for lawyers because of the suspicion with which professionals from other East Africa member state treat Kenyans. When I was Chair of the Law Society of Kenya we tried to push this agenda in Tanzania and the joke was: “If you allow lawyers from Kenya to practice in Tanzania, all insurance industries will close down because of ambulance chasing.” We need to be very careful as we pick our nominees to East Africa. We should pick people who will improve our image as a country in East Africa. I would plead with the hon. Senators that this is one opportunity we have to put behind us our party affiliation, ethnic backgrounds and pick the very best. This is because we are looking at the future of our own children and a process that can open the cross- border economic, political and social integration. I appeal to Members to give fidelity to Article 81 of the Constitution. When we engage in this exercise of electing our nominees, there should be no intimidation. I should not be intimidated by my party leader, and equally, I expect that our brothers from the other side will not be intimidated by the Jubilee leadership. That is the spirit of Article 81 of the Constitution. Mr. Deputy Speaker, Sir, I have been confronted by a number of candidates who are already on campaign mode. I am sure that other Senators have encountered people within the corridors, campaigning. If this process is to be free and fair, there should be a platform for people to campaign and sell their policies. The ground should be fair and the people who want to campaign should be given access to the Senate and Parliament in general; of course, not inside the House but just within. That way, we can know them and when we come to vote on the 14th December, 2017, we will be voting for people we know. Finally, we should be careful how we undertake this exercise. You will remember that there was a time this process attracted serious litigation. The Attorney General

will confirm that this country paid huge colossal sums in costs to advocates who sued this country, because the process was not done in a proper way. So far, we have proceeded well. We engaged the public, gave equal opportunity, ran an advert and now, we are just remaining with the final process of electing our nominees. It is my wish that The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. First, let me commend this Joint Committee of both the National Assembly and the Senate for expediting this matter of nominees to EALA and filtering those who applied for these positions. We all note the importance of the EALA. This process has brought to light certain concerns. Before I get to those concerns, I note and congratulate in advance all those who have been nominated. I see a number of young people who have made it to the list. Whether or not they make it through the elections is another issue, but this is a good spirit. Of course, we can see who has nominated more young people than the other. But I am glad to see people, starting with Musyoka Kalonzo Kennedy at 31years of age being nominated. I really do hope he will get through - I am not campaigning for him. We also have Florence Chematia who is 37 years old and Elizabeth Wangui who is 30 years old. If the thoughts around the EALA are to go on for generations to come, it will be important that EALA is not seen as a retirement home for former legislators. It should not become a place for retirement, but where serious legislation and the true spirit of the East African Community can then be prosecuted by those we choose to go to represent us. I am glad to see Doris Ndonya at 35years. I saw somebody else in their 30s who has been nominated as well. I will support them not just because they are young - we do not advocate for leadership on the basis of age - but because for us to keep this dream alive, we will need to have a sense of continuity within EALA. Mr. Deputy Speaker, Sir, in other parts of the world where we have similar blocs for political or economic integration, these issues are taken more seriously than we do. Today, if you walk outside there, get the first ordinary Kenyan you meet and ask them about EALA and if they are aware of the elections, they will tell you that they have no idea. If you go to Europe, the Members of the European Parliament are actually voted for directly by the people of Europe. So, apart from the constraint that we already have overburdened elections in this country with six ballots; we should move to the level where Kenyans choose whom they want to go and represent them at the apex legislative assembly of the region. If we move down the road of real economic and political integration, that choice must be made by the people. However, our Constitution is clear and delegated responsibility rests with us. It then begs the question: What is the true test of the people we are choosing to go there? We do not afford them an opportunity officially as Parliament to express themselves to the entire electorate, which is us, or even set aside a day where possibly all of those who have been nominated can come and get five minutes each to say what their thoughts are about the EALA, the East African Community and their experience. However, we further delegate that responsibility to a smaller Committee to filter out. Apart from looking at technicalities, they also look at suitability. Thereafter, all that is left is them bumping into you at tea time to give you a small card saying: “Please, vote for me.” We are doing a great disservice to the East African Community. What objective criteria do we use to vote in people? You will find Members voting for people just The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Sen. Sakaja. Very well, we are making good progress. We are almost there. We shall now listen to Sen. Okello. For avoidance of doubt, he is the Senator for Migori County.

Thank you Mr. Deputy Speaker, Sir, for giving me this chance. I stand to support the Report and thank the Committee for a job well done. I also want to say that even though they did a good job, what we have about the candidates is their age and regions. We are lacking a lot of information which can help us make informed choices as voters, come next week. I will also want to remind my friend Sen. Sakaja of Article 27 of the Constitution which requires that we do not discriminate anyone on any ground. That includes their age. While rooting for the youth, he should note that age is not a requirement of any elective position in this country or EALA for this matter. We need to know these people well; we need to know their background. We need to be sure that they are going to do a good job while representing us in EALA.

(Sen. (Prof.) Kindiki): What is it Sen. Sakaja?

Mr. Deputy Speaker, Sir, I like to correct the notion that while promoting representation of young people, I am also discriminating against the old people. I can see one particular gentleman who is older than the rest in the list. The same Constitution that says that we should not discriminate---

(Sen. (Prof.) Kindiki): First of all, what is out of order?

Mr. Deputy Speaker, Sir, it is out of order for the Senator to insinuate---

(Sen. (Prof.) Kindiki): Which Senator?

Mr. Deputy Speaker, Sir, Sen. Okello, who is the Senator for Migori County.

(Sen. (Prof.) Kindiki): For purposes of process, Sen. Okello has already finalized his contribution. Technically, you cannot bring a point of order on a Senator who has concluded.

Mr. Deputy Speaker, Sir, I pressed my intervention before he sat down. With your kind indulgence and for the record of the House---

(Sen. (Prof.) Kindiki): That is how you should have started.

Thank you Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): For that reason, you will be indulged.

Thank you Mr. Deputy Speaker, Sir. I would like to correct the notion that might be in the record of the House that promotion of young people in terms of representation is discrimination of the old and against the Constitution. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Point made. No Senator should speak on the same Motion twice. The concept of what you are engaged in is double contribution which is against the Standing Orders. Could we hear from Sen. Cherargei?

Thank you, Mr. Deputy Speaker, Sir. I rise to support this report and say, as I indicated earlier, that it is very important as we move forward especially with the so many issues that EALA should handle. I want to agree with most of my colleagues who said that EALA has a mandate and should not be a retirement home but rather a place of duty and honour. This is because these people are not only members who are elected to EALA, but they are also ambassadors and, therefore, they are a brand for this country. I hope these men and women who have gone through the nomination will rise up to the occasion and ensure that if they are given this honour and privilege to serve us, as the members of EALA, they do it with due diligence. They should also ensure that they execute the mandate that is there and ensure that we also have a proper integration that will promote the economy of the East African countries, as well as the political and the social aspects. Doing this will enable us to move forward as East Africa among, other regional organisations that we have in the world. Mr. Deputy Speaker, Sir, I am happy and excited to see Sen. Sakaja of Nairobi County as a young person in this House. It is an honour to have quite a number of young people on this list. Whichever way we vote, it will show that we have confidence in the young people to perform this noble task of ensuring we promote the ideals of this country, which we will blend with those of the Eastern Africa member countries. As it has been suggested, we should also look for a forum even as we look into the future where we will have a direct vote for some of these representatives to EALA. We should create a forum so that we can listen to some of these people who intend to be The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. Cherargei, actually you are a voter; I hope you are not marketing your vote. Proceed, Sen. (Dr.) Kabaka. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. Let me take this opportunity to thank the Committee for doing an enormous job to come up with such a list which will be subjected to the election on Thursday. I wish to join the other Senators in contributing to this worthy debate. First, I need to go beyond what they have said and touch on what I have shared with one of the outgoing members of EALA. He did raise some concerns as to their tenure of office in that they are not happy and they felt that they are getting a raw deal at EALA. They are not being compensated commensurate to the task which they have been given by the partner states. In that regard, I am talking about matters finance because some member states are known – and we read from local dailies – for delaying in remitting their fair share of their membership contributions. That affects the performance of the duties of the members of EALA. I hope our country, Kenya, is up to date in its obligations. Mr. Deputy Speaker, Sir, the other thing I need to mention or bring forth to this honourable House, as the Senator for Nandi County has said, is that the persons who are sent to EALA are more than Members of Parliament thereof. They are also diplomats and, therefore, we want persons who are not necessarily professors like you are; but we need persons who are endowed with enough academic background in areas of international law, diplomacy and finance. This will ensure that those matters which have been raised or those which are touchy like boundaries and those matters relating to harmonising the currency, they will be in a position to contribute comprehensively, to the benefit of the partner states. So, when it comes to the day of election on Thursday, I implore and beseech my fellow Members to go beyond the call of duty and look at the candidates in terms of their qualifications. Regardless of the age factor whether such a person is old or young, let us get the best so that this country can be well represented. I support.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support this Motion. First, I really commend the Joint Parliamentary Select Committee that worked very hard under very short timelines and gave us a good report. Having gone through it, I see from the membership that at least we have quite a bit of what we would expect from the representation so that it is quite representative of our country Kenya, be it geographic, gender and age. On the face of it, everything appears very well done. However, I also join my colleagues in wishing that in getting this report, we would have gotten the resumes of the candidates that we will be voting for so that as we send them to that important House, the EALA, we look at their experience, qualifications and match them, based on the work that we will be expecting them to carry out at the EALA. Having said that, I am sure the Committee did a very intensive and thorough job. I also hope that as we come here on Thursday next week to vote, we shall send the right delegation from Kenya to the EALA. I would have wished to see one Member at least from Nakuru County. However, I am also cognizant of the fact that we have 47 counties in this republic and there are only so many slots available. Having seen this, I know we are even going to shorten them a lot more to just about nine Members. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Finally, Sen. (Eng.) Hargura.

Thank you, Mr. Deputy Speaker, Sir. I would like to join my colleagues in supporting this Motion and urge the House to adopt the report. Being the largest economy in East Africa, and having some of our members of the EAC being our number one trading partners, for example, Uganda, we have a lot to benefit from this kind of a Community. We need to be serious when we deal with the legislative part of the EAC. However, I would like to, maybe from memory, remind Members that actually in the last Parliament, this list was brought. However, Parliament could not proceed because one side of the House decided not to follow Rule No. 6 by bringing exactly four members instead of the required 12. That is why the last Parliament rejected the nomination list and it had to be returned back to the parties to bring the list as per the requirements of Rule No.6. So, the blame should not just be lumped on all Kenyans and Members of the last Parliament that we failed to pass the list. It was actually one party, specifically, one side of the House which by then did not give the right number for the House to select from. However, for now, I can see there is compliance on that part. I would like to commend the Joint Committee for having gone through the nomination list within the short time, and also for the parties. We are told that there were 208 applicants. This list went to the parties which actually selected the nominees who we are supposed to vote on. That is why we need to stress that the parties should take into account diversity in terms of regions, skills, gender, and age so that when they present this list to us, we have that diversity to choose from. Otherwise, if we are limited by the parties when they select more people from one region, we will be constrained and we have to vote within the list they have given us. I thank the Joint Committee for being thorough and making sure that when they disqualify someone, it is done according to the law. They had to write to the Independent Electoral and Boundaries Commission (IEBC) and the Registrar of Political Parties to confirm before they could disqualify somebody. We do not want to go into the situation which was alluded to by the Senator for Nyamira County that we had to go through a lot of litigations when the list was not submitted according to the law last time. I hope this time round, we have taken care of that. Come 14th December, 2017 we will have these elections through and our Members will attend the EALA. I urge fellow Senator that when we will be electing, we have to take into account that these are people who are going to represent our country in the EALA. They will be our face. We have to select people whom we can trust to represent us outside this country. That is why we have to look beyond the party issues. We have to look at who is The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order, Sen. Kihika! Shortcuts in life end up being costly. Once you arrive to your destination, sit down to allow the Chair to stand up.

THAT, pursuant to the provisions of Article 50 of the Treaty for the Establishment of the East African Community (EAC) and Rule 13(5) of the East African Legislative Assembly Elections (Election of Members of the Assembly) Rules, 2017, and notwithstanding the provisions of Standing Order 49(6), this House adopts the Report of the Joint Parliamentary Select Committee on its consideration of the nominees for election as Members of EALA, laid on the Table of the House today, Thursday, 7th December, 2017, subject to amendment of the Report at paragraph (6) of page 29, thereof, by deleting the phrase “Wednesday, 13th December, 2017” and inserting thereof the phrase “Thursday, 14th December, 2017.” ADOPTION OF THE NATIONAL IRRIGATION POLICY, 2017

Mr. Deputy Speaker, Sir, I beg to move the following Motion: THAT, this House adopts the National Irrigation Policy laid on the Table of the House on Tuesday, 10th October, 2017. Food production and sustainability is critical for human survival. Kenya’s population at this point in time is about 45 million people. These people require not only healthy food, but accessible, affordable and quality food. Like a family, for a The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order. Are you done?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Let us have Sen. (Prof.) Ongeri.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to second this Motion. It is so important that we need to know the genesis of why we are doing all these things. First of all, when you look at the Fourth Schedule of the Division of Responsibilities between the National and county governments, it is quite clear from the outset that in order for us to have a comprehensive and all-inclusive policy, we must all of us be able to coordinate our functions and services at the National and county levels. When I survey this nation, 84 per cent of the population or the landmass of Kenya is Arid and Semi-Arid (ASAL). Therefore, food production becomes a major issue and a major element that we need to take into account. Put together, when you look at the contribution of agriculture into the Gross Domestic Product (GDP), it only contributes about 25 per cent and yet, when you look at agriculture, it is the mainstay of the economy of our rural populations. Therefore, we need to invest more in irrigation schemes in order to up the game for irrigation, increasing the economic opportunities and the results that are likely to be attendant to it. There are arrays of events that we stand to gain throughout this policy. Currently, the manufacturing sector contributes 27 per cent of our GDP and the rest of it really is contributed as a result of exports, some of which are agricultural. What are we doing in this Policy? When you look through this, unfortunately, it is a Policy that has suffered so many sessional papers in the past. At the end of it, all these sessional papers have not been able to be put into a compact national strategy - policy sessional paper that encompasses irrigation. Although irrigation looks like a very small language, in all intent, it encompasses the economic growth of a nation. More so, if you look at the rural populations, all of us represent counties which depend on agriculture for employment, food production, school fees, water provision, firewood, livestock, health and sanitation, care of the environment and the issue of climate change comes in. There is an array of events that our poor population cannot mitigate. This nation, therefore, requires a comprehensive National Irrigation Policy, first of all, aimed at increasing the amount of arable land; that is recruiting the amount of arable land to a level where we have sustainability in food production. Let us talk about Israel which is virtually a desert and yet, their organisation and what they are doing when it comes to food production through their Kibbutz---- . They have been able to harness the water resources to be able to produce enough food for themselves and for export to the European and African markets. The fruits that used to come from Israel were a boon of everybody wanting to eat. They were later substituted by the fruits from South Africa. When you look at South Africa, part of it is virtually the Kalahari Desert, yet, they have been able to put in place The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Very well. Thank you, Sen. (Prof.) Ongeri.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Motion. I agree with what both Sen. Kihika, the Senator for Nakuru County and Sen. (Prof.) Ongeri have said. Listening to Sen. (Prof.) Ongeri is very inspiring because he has a lot of experience. He has powerful words and out of experience he has Solomonic wisdom which we should capture so that in a nutshell, we protect it for posterity and ensure that we move forward. The National Irrigation Policy, 2017 is very timely. It is said that a healthy nation is a wealthy nation. One way of ensuring that we have sustainable food production in this country is by improving the poor irrigation infrastructure. As indicated in this Policy, less than 30 per cent of the country is irrigated but majority of 70 per cent of the population is not covered. This includes arid and semi-arid areas which are not viable for production because of absence of water. We should also look at proper legal framework to ensure that arid and semi-arid areas are irrigated so that they can produce food and become sustainable. I agree that going forward, there has to be a multi-sectoral approach that will engage the national Government, county governments and the private sector. We should develop the culture of ensuring that when we have excess rains, we harvest the water and store it in water pans so that when we experience a drought or a dry season, we can still sustain the country. In my own great county of Nandi, we have seen the projects that the Ministry has undertaken including the Keben Dam which is up-coming in Nandi Hills sub-county and other projects in Tinderet sub-county, Chemelil, and Chemase Wards, among other areas which are very critical. We should ensure that even as we experience climate change, we can still produce food. As the Mover, Senator for Nakuru County, Sen. Kihika indicated, as the population grows, it is not only a privilege, it is an obligation of the State or the Government to ensure that the people of this country are well taken care of in terms of provision of quality food, so that we have a healthy and wealthy nation. This will allow us to proper as a nation. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you Sen. Cherargei. Sen. Ben Oluoch, you have the Floor.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to support the Motion, even though it is quite a challenge to talk on this subject after Sen. (Prof.) Ongeri. We normally say that agriculture is the mainstay of Kenya’s economy, yet only 20 per cent of the land is arable. The remaining 80 per cent is either arid or semi- arid. The 20 per cent is also facing the challenges of climate change, which has now affected our reliance on rain-fed agriculture. Recently we even imported maize from Mexico. We are becoming a country that is fond of importing. We even import mitumba shoes despite the fact that we have local hides and skins. We also import mitumba clothes after allowing our cotton industry to die. It is time that we came up with a policy on irrigation, which can sustain our agriculture for the benefit of this country. In the past, this sector was left to rely on donor funding. That means that whenever donor funding was not available, the projects had to die. We have seen so many of them remaining dormant because of lack of funding. We do not put enough effort to follow up. In my County, Migori, the Kuja Irrigation Scheme was capable of supporting the whole county and even Kisii County, which is currently supporting us yet they have small farms. I support this Motion because it will help us move from overreliance on rainfall and increase arable land. This will in turn increase employment opportunities for the youth. Currently, the 20 per cent arable land is able to support more than 60 per cent of the rural folk. At the same time, it contributes more than 30 per cent of the Gross Domestic Product (GDP). If we increase arable land, we will do better. Mr. Deputy Speaker, Sir, I support.

(Sen. (Prof.) Kindiki): Thank you. Could we hear from Sen. Wario, the Senator for Tana River? The electronic version of the Senate Hansard Report is for information purposes

Asante sana, Bw. Naibu Spika. Ningependa pia kujumuika na wenzangu katika kuunga mkono Hoja hii ya irrigation . Mimi nimetoka katika Kaunti ya Tana River ambayo ina miradi mikubwa ya irrigation . Katika maeneo bunge yote tatu ya Kaunti ya Tana River kuna irrigation schemes kama Bura Irrigation Scheme, Hola Irrigation Scheme ambako ninatoka. Tuko pia na Galana Irrigation Scheme ambayo iko upande wa Galana-Kulalu na Tana and Athi Rivers Development Authority (TARDA) upande wa Garsen. Sehemu ambazo ziko na miradi ya Irrigation zikifanya vizuri tutakuwa na chakula cha kutosha hata kuuza. Hii itawezekana tu policy hii ikifanya kazi vizuri na wenye kusimamia miradi hiyo wataziwezesha jamii hizo kufanya mambo ya irrigation vizuri. Wanayofanya irrigation watapata mapato hata mvua isiponyesha kwa sababu kutakuwa na unyunyizaji wakati wowote. Mazoa yatapatikana hata bila mvua kunyesha. Mimi natoka sehemu hiyo na nimezitembelea miradi zote. Mimi pia ni mkulima na mfugaji. Sehemu ambazo zina miradi ya unyunyizaji maji zina s ettlement areas . Watu kutoka sehemu tofauti huja pamoja na urban centres huanza. Katika hali hiyo, wale wanaokuja pamoja wanakaa kama jamii. Katika hiyo jamii utapata vikundi vya watu katika miji mbalimbali katika sehemu za irrigation. Wanapokuwa wengi, mambo ya siasa pia yanatokea. Miradi ya unyunyizaji maji huajiri vijana ambao wanaishi huko na wengine ambao wanatoka sehemu mbalimbali. Wao hufanya kazi tofauti tofauti. Baadhi yao hufanya kazi za ofisi na wengine kazi zingine. Kwa sababu hiyo, Hoja hii inafaa kuungwa mkono kwa wingi. Sehemu ambazo irrigation inafanywa ni mbali na mto. Katika Bura Irrigation Scheme, canal zimetoka mbali na maji yanaenda mbali. Katika hali hiyo, watu ambao wanaishi sehemu kame kabisa wanapata maji. Wanyama wa pori wako katikati ya hizo canals na wanapata maji. Mifugo pia wanapata maji katika hali hiyo. Hili ni jambo ambalo linafaa kuungwa mkono. Kwa sababu hiyo, nami pia ninaunga mkono. Utaona pia jamii zingine zinafanya uvuvi wa samaki katika yale mabwawa yanayopatikana yaliyo hapo. Hali hii inaongeza mapato ya jamii za wavuaji samaki. Bw. Naibu Spika, tukijumlisha yote, utaona mambo ya jamii itakuwa hapa kwa sababu jamii wamekuja pamoja. Mambo ya siasa inakuwa hapo vizuri pamoja na uchumi au mapato yetu pia inaendeshwa vizuri na mambo ya irrigation . Kwa sababu hiyo, nami pia ninaunga mkono hoja hiyo.

(Sen. (Prof.) Kindiki): Asante sana, Sen. Wario. Lastly, Sen. Seneta.

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to also contribute to this important Motion on adoption of the National Irrigation Policy. I think this is long overdue because this country really needs to think of ways of feeding its growing population. When you look at the population of this country, majorly we buy food from urban areas and even import more. This is something which we need to think of because every household in this country needs food and we cannot depend on food imports and yet we have land which we can irrigate. It is high time we looked at The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): I call upon the Mover to reply.

Thank you, Mr. Deputy Speaker, Sir. I beg to reply. I thank all the Senators for the very important contributions they have raised. Sen. (Prof.) Ongeri, I believe that was a wealth of experience that you have brought to the discussion of this Motion. It is important to note that, as we move forward and put together the Irrigation Policy and other policies and frameworks to help improve agricultural production in our country, I think you are one person who will be very helpful in bringing in your wealth of experience. From your discussion, you gave some statistics on the 25 per cent GDP on agriculture. When you think about it, given that agriculture is the backbone of the economy of our country, if we are only doing it at 25 per cent, then that clearly shows that there is a lot of room for improvement. We can improve a lot of things and become better at providing for our population while at the same time creating jobs, which is very important. As we traversed this country during our campaigns, I am sure you all realised that one of our greatest needs in the country is to provide more employment opportunities especially for the youth who make up a very big part of the population. So, if we do better in irrigation to improve agricultural production while at the same time creating such opportunities like jobs and reducing the rural-urban migration, which we have seen a lot of lately, and improving the health of our people, then I believe it will go a long way in creating a win-win situation for everybody in the country. I also agree with you as far as the value addition to our agricultural produce is concerned. As we ponder over this Irrigation Policy and as we improve our agricultural production in the country, the only way we can become a developed country is when we move more towards industrialisation. So, value addition will be critical so that we also do not have our farmers doing so much in farming by putting so much energy in production with little returns. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): You beg to move.

Mr. Deputy Speaker, Sir, I beg to move.

(Sen. (Prof.) Kindiki): That is correct. Even when you are replying, you beg to move. What is it Sen. Kihika?

On a point of order, Mr. Deputy Speaker, Sir. I wish to request that pursuant to Standing Order 55(3) the putting of the question be deferred to a later date.

(Sen. (Prof.) Kindiki): Sen. Kihika, you seem to have made a determination on behalf of the Speaker that this is a matter concerning counties. It is true that this Motion is a matter concerning counties because agricultural policy, what we are discussing here is a national Government function, but crop and animal husbandry to which this Policy relates, is a matter under the realms of the county governments in accordance with Part 2 of the Fourth Schedule of our Constitution. In that respect, I direct that the putting of the question on this Motion be deferred to Wednesday, 13th December, 2017.

Let us move on to the next Order. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. Kihika, you are on the Majority side. Are you ready with Order No.10?

Mr. Deputy Speaker, Sir, I wish to request that we defer that Order as well.

(Sen. (Prof.) Kindiki): Sen. Kihika, you are not ready?

Mr. Deputy Speaker, Sir, I am not ready.

(Sen. (Prof.) Kindiki): Let us move on to the next Order. AUDIT ON DISTRIBUTION OF TEACHERS IN ALL PUBLIC SCHOOLS IN THE COUNTRY THAT WHEREAS Article 43 (1)(f) of the Constitution of Kenya explicitly provides for the right to education for all; AND WHEREAS it is the responsibility of the State to ensure that the right to education is enjoyed by all; OBSERVING THAT that the Teachers Service Commission (TSC) is the constitutionally mandated body to handle matters of employment, deployment, remuneration and discipline of teachers in all public schools; APPRECIATING efforts made by the national government through the Teachers Service Commission (TSC) to improve the teacher pupil ratio to international standards in all public schools through yearly employment of teachers; CONCERNED THAT currently there exists great disparities in the distribution of teachers in schools across the country, with major teacher shortage being experienced in rural and marginalized areas; FURTHER CONCERNED that there is major inequality in the distribution and allocation of teachers among schools across the country leading to either oversupply or undersupply of teachers in some public schools; NOW THEREFORE, the Senate calls upon the Ministry of Education, Science and Technology in conjunction with TSC to conduct a countrywide audit on the distribution of teachers in all public schools across the Country and report to the Senate within three months. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Hon. Senators, Sen. Khaniri had intimated that he would not be ready to proceed with Order No. 11 and the same case applies to Order No.12

NATIONWIDE REGISTRATION OF ALL PLWDS AWARE THAT the National Council for Persons with Disabilities was established through the Persons with Disabilities Act, 2003; FURTHER AWARE THAT registration of persons living with disabilities is a function of the National Council for Persons with Disabilities; ALSO AWARE THAT persons living with disabilities are estimated to be about 10% of any given population; COGNISANT THAT for purposes of registration of persons living with disability, it is a mandatory requirement for one to undergo medical examination by a registered medical officer in a registered and certified health facility; AWARE THAT medical services are now a devolved function; CONCERNED THAT of the nearly 4 million Kenyans living with disabilities who reside in Kenya, there is a very small fraction of the number which is duly registered; FURTHER CONCERNED THAT without proper registration, many persons living with disabilities are denied services because they lack the necessary proof of disability; ALSO CONCERNED THAT owing to lack of accurate data on persons living with disabilities, the government at both levels cannot plan properly for his category of people; NOW THEREFORE, the Senate calls upon the National Council for Persons with Disabilities in collaboration with Ministry of East African Community, Labour and Social Protection and county governments, to carry out a nationwide registration of all persons living with disabilities in order to determine their exact population to facilitate effective service for this marginalized group of our society

(Sen. (Prof.) Kindiki): Hon. Senators, in that connection, we have exhausted the business on the Order Paper for today. There being no other business, the Senate stands adjourned until Wednesday 13th December, 2017 at 2:30 p.m. The Senate rose at 6.05 p.m. The electronic version of the Senate Hansard Report is for information purposes