(Sen. (Prof.) Kindiki): Hon. Senators, welcome to this sitting. As you are aware, we have a critical agenda which includes the election of the Members of the East African Legislative Assembly (EALA). So, I will reorganize the Order Paper so that we go straight to Order No.9. Once we dispense of with that order, we can continue with the other items listed on the Order Paper. What is it Sen. Murkomen?

On a point of order, Mr. Deputy Speaker, Sir. Earlier on, we had – I am sure there will be communication from the Chair. We had a Kamukunji to deliberate and be apprised of the process of voting which is okay. The only thing that has just come to my mind is that at what stage does the voting end? As you can see, the Membership is trickling in on both sides of the House and at some point, some people may not be here. Are we going to do what we usually do – locking the door and drawing the bars – because then, some Members may still be coming. If we draw the bars and lock the door – this has never happened before and Standing Orders have never also contemplated such a voting – this is the smallest polling station in this election. We are likely to have a very small turn out which may not reach the international threshold of at least 35 per cent. We need your direction on that. If you lock the door, we will have a problem.

(Sen. (Prof.) Kindiki): Order, Senate Majority Leader! You have made your point. I would like us to minimise on everything else because we all understand the importance of this exercise. However, the issue raised by the Senate Majority Leader is valid. We shall proceed as follows; once the Presiding Officer calls out the list of voters The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Deputy Speaker, Sir. Assuming a senator walks in and they have been skipped. May be they were No.20 and we are at No.25; you must give directions that there is liberty for them to vote. That, I think is what we were addressing. Otherwise, when they are called out, it is like a roll call; you tick absent yet, ideally, they might walk in before you close.

(Sen. (Prof.) Kindiki): Absolutely, Sen. Mutula Kilonzo Jnr. and Sen. Murkomen. So long as the voting process is ongoing, a voter may vote at any particular time because again, there is no defined sequence that you must vote at this particular time. The only requirement is that you must vote when voting is taking place; not after.

Mr. Deputy Speaker, Sir, the direction, though true, is a bit disheartening. This is because, yes, it is not compulsory for everybody or anybody to vote but it is absolutely important and necessary that we discharge our obligation to vote because we are voting for people going to represent the country in the regional Parliament that will shape and determine the integration of this region. So, an abdication of that responsibility will define your level of irresponsibility as a Senator. We encourage, through you, that all Senators present within the precincts of Parliament be whipped to come into the Chamber and discharge this responsibility and duty, much as it is not a compulsory exercise.

(Sen. (Prof.) Kindiki): Noted, Senate Minority Leader. The Whips and leadership of both sides of the House are encouraged to whip as many Members as possible to come and discharge their national duty. Next Order!

(Sen. (Prof.) Kindiki): Sen. Pareno, would you hasten and find somewhere to sit?

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Thank you, Mr. Deputy Speaker, Sir. Hon. Senators, the returning officers are ready to commence the process of election. I would like to invite the Serjeant-at-Arms to bring to the Table the ballot box and display it to the assembled House that it is empty.

We can all see that it is empty. Please seal the ballot box.

Hon. Senators, we are ready to begin. As we have been guided, when called out, please come to the Table and sign the register as evidence that a ballot paper was given to you and you voted. Then you will proceed to the booth on either side of the House. If you are sitting on my right, it will be most convenient that you use the booth on the right and likewise on the other side. We are ready to begin. We will begin with Senator No.1 who is the father of the Senate, Sen. Wako Sitswila Amos, Busia County and then I will be calling out names as you come to vote.

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Order, Members! Let us consult in low tones so that we can proceed with the process smoothly. Let us take our seats.

Hon. Senators, a substitute ballot paper is to be issued to Sen. Samson Cherargei.

Hon. Senators, we will issue a replacement ballot paper to Sen. Olekina.

Hon. Senators, we have completed the voting process in respect of all the Senators who were present and willing to vote. The voting has accordingly now closed and we will commence the counting.

The voting is closed. Let us have two Senators as witnesses from both sides. We will have Sen. Olekina and Sen. Kihika as agents.

May the counting clerks, please, proceed to the Table.

Order Members. I order that the House be suspended. The bell will be rung after the counting of votes to resume the sitting. May the counting commence! ( The sitting of the Senate was suspended at

Order, Senators. I request the bell to be rung for five minutes.

Order! The bell has stopped ringing. You may unveil the Mace so that the sitting can resume.

Hon. Senators, I now call upon the Clerk of the Senate to announce the results.

Hon. Senators, in accordance with the powers conferred upon me as a Presiding Officer under the rules for the election of Members to the East African Legislative Assembly (EALA), I now wish to announce the results of the elections held in the Senate this afternoon. The total votes cast were 61; spoilt votes, 0 and valid votes were 61. The respective votes garnered by each of the candidates are as follows: Under the Jubilee Party Cluster – Abdulaziz Ali Farah – 15 votes; Ms. Aburi Donya Doris – 3 votes; Hon. Aburi Mpuru – 40 votes; Mr. Bundi Justin Nthiiri – 3 votes; Ms. Karanja Eunice Wanjiru – 1 vote; Mr. Kosgey Jackson Kipkemoi – 4 votes; Ms. Masit Irene Cherop – 6 votes; Hon. Mbugua Simon Ng’ang’a – 51 votes; Hon. Muhia Wanjiku – 29 votes; Dr. Muriuki Joe Muriithi – 1 vote; Ms. Njeeh Elizabeth Wangui – 26 votes; Mr. Nooru Adan Mohamed – 30 votes; Mr. Nyachae Charles Ayako – 37 votes and Ms. Sergon Florence Jematia – 50 votes. Under the National Super Alliance (NASA) coalition Cluster, the votes garnered by each candidate are as follows: Mr. Abubakar Zein Abubakar – 10 votes; Hon. Aden Abdikadir Omar – 32 votes; Hon. Ali Fatuma Ibrahim – 29 votes; Mr. Norman Magaya Amugira – 13 votes; Mr. Kalonzo Kennedy Musyoka - 55 votes; Ms. Marwa Jane Moronge – 5 votes; Ms. Maviala Loy Mwandi – 27 votes; Mr. Mochoge Justus Onsongo – 1 vote; Ms. Munyasia Angela Mweni - 0 vote; Ms. Mutunga-Syengo Beth Kalunda – 18 votes and Hon. (Dr.) Odinga Oburu Oginga – 48 votes.

Hon. Senators, having received the results, I will be communicating the same message to the National Assembly who will also in turn communicate their results for tallying. In the meantime, as it had earlier on been ruled, we will go back to our Order No.5. Before that, the Senate Majority Leader would like to make an announcement.

Mr. Speaker, Sir, I would like-- The electronic version of the Senate Hansard Report is for information purposes

On a point of order, Mr. Speaker, Sir. We want to be very sure on how you will transmit the results. Will it be done electronically or manually? We are afraid because we have been in such a situation earlier.

Hon. Senators, we are very transparent. The Serjeant-at-Arms will physically transmit the results to the National Assembly under tight security. You will watch him walk with the results to the National Assembly. I have already signed them. Could we hear from The Senate Majority Leader?

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order No. 31(3)(a), the Senate resolves to extend its sitting time today, Thursday, 14th December, 2017, until the conclusion of the business appearing on the Order Paper. The reasons are obvious. We suspended the House earlier. I would have moved this Motion before 6.00p.m. However, on the advice of the Clerk and yourself, since the House was in suspension, there was no way we were going to move it. The reason for extension of this time is because we still have a lot of pending business which includes approval of the Cash Disbursement Schedule to the counties. We are also waiting for the Message from the National Assembly on the EALA election without which, the process would not have been completed. We also need to approve the Members who will serve in various Committees for without which, the House will not function properly during the long period of recess. This is rather obvious. Since there is no time, I do not want to spend so much time moving this Procedural Motion. I invite the Senate Minority Leader to second.

(Sen. Wetangula) seconded.

Let us move on to the next Order. We are using the Supplementary Order Paper.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today, Thursday, 14th December, 2017: The electronic version of the Senate Hansard Report is for information purposes

There is an intervention from Sen. (Prof.) Ongeri.

Mr. Speaker, Sir, I need your guidance. We have moved on to the Order on Papers Laid yet Petitions are also listed on the Order Paper. I think that Order has been skipped.

What is your Point of Order?

Order, Members. The Order that is going to deal with the disbursement of funds will require delegations. I would like to ask Members to remain in the Chamber for us to prosecute that agenda. Proceed Sen. (Prof.) Ongeri.

Mr. Speaker, Sir, I need your guidance. We went on to laying of the Papers and skipped Order No. 4, which is Petitions.

A ruling had earlier been made by the previous Chair. It was ruled that we prioritize areas that we must conclude before we go on recess. Order No.4 was a casualty of that ruling. We will therefore proceed. Let us move on to the next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motions:- APPROVAL OF THE COUNTY GOVERNMENTS CASH DISBURSEMENT SCHEDULE FOR FISCAL YEAR 2017/18 THAT, notwithstanding the provisions of the Standing Order 177 (2) and (3), the Senate approves the County Governments Cash The electronic version of the Senate Hansard Report is for information purposes

Order, Senate Majority Leader! You must follow the procedure. You will have to read everything as written in the Order Paper. Get some energy to do that.

Mr. Speaker, Sir, you have powers under Standing Order No.1. In the best interest of the House, considering what we are supposed to vote on, instead of me reproducing all the 67 names---

The Senate Majority Leader, I have already ruled on this. Can you proceed and read out the names?

You have ruled and I do not want to challenge you. I now proceed to read the names of the Committee as per the Order Paper as follows:

Let us move to the next Order.

Let us move to the next Order.

Mr. Speaker, Sir, I beg to move the following Motion:- The electronic version of the Senate Hansard Report is for information purposes

Hon. Members, let us consult in low tones.

Mr. Speaker, Sir, I really do not want to belabour the point. The Schedule has been tabled. It is important and also a provision of the law. In the Public Finance Management (PFM) Act, it is a requirement that a schedule of disbursement be provided, so that it can assist the Senate and the county governments to be able to follow how much money should be remitted in which month and ensure that no county is denied their rightful share of the money that is coming from the national level. Because of the seriousness of this subject and the fact that we have to vote by delegations, and considering that we had debated this issue when we were amending it, I beg to move and invite the Senate Minority Leader to second.

Mr. Speaker, Sir, before I second, as a matter of House etiquette, our Standing Orders require that when any Member is on his feet, as the Senate Majority Leader was, the rest of the Members can either be in motion or seated. Did you notice the Majority Whip standing behind there and fiddling with her phone for the last almost 20 minutes? That is un-procedural and a flouting of the rules. Similarly, a Nominated Senator has been on her feet talking to Sen. (Prof.) Kindiki for the last 10 minutes. It is again out of order and I urge you to rule as such. We are a House of rules and etiquette. Mr. Speaker, Sir, as I second, I want to encourage that the disbursement of funds to the counties should not be a matter of discretion by the national Government. Many counties are suffering and their development programmes have come to a halt. Every other month, the only money being disbursed to the counties is for recurrent expenditure; just to pay salaries to ensure that there are no strikes everywhere. We want to see that the national Treasury, the Controller of Budget and all those involved in disbursement of funds, disburse these funds to the counties on time, so that they can run their functions and make sure that everything that needs to be done, including salary payments, is done. What happens is that at the end of the month, some counties are forced to go and borrow commercial loans to run their recurrent activities, including payment of salaries, waiting for money to be paid. As we know, the interest rates in commercial banks are quite high. The electronic version of the Senate Hansard Report is for information purposes

Put the Question!

It is not a “voice” vote; it is a vote by county delegations. So, we will have to go to Division. Okay, I now order that the Division Bell be rung for two minutes.

Hon. Members, could you now log in before we draw the Bars. Draw the Bars.

Okay, voting can commence. I give you one minute. Wait a minute. The system is being set up. Okay, let us commence the voting. Those who need assistance can move forward.

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Order, Members. I have the results but Sen. Khaniri has said that there was an abstention by default. You need to confirm that but I will go ahead to read the results.

Hon. Senators, I confirm that the results of the Division are as follows:

I now order that the doors be opened and the bars withdrawn.

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

Mr. Speaker, Sir, I beg to move:- THAT, pursuant to Standing Order 247, the Report of the Procedure and Rules Committee (PRC), laid on the Table of the Senate today, Thursday, 14th December, 2017, be approved. The Report of the Rules and Procedure Committee seeks to amend the Standing Orders to separate Energy, Roads and Transport Committee into two committees which are; the Committee on Energy and the Committee on Roads and Transportation. It also seeks to split the Committee on Education and Information and Communication Technology into two committees which are; the Committee on Education and the Committee on Information, Communication and Technology. This is a straightforward Motion and I do not wish to say much. Suffice it to say this is to ensure that the Senate is able to track the concerns that are raised in the various Committees, for example, the Committee on Energy and so on. This is a big committee. In future, when Kenya will become a developed petroleum sector, we will have a Committee on Petroleum and a Committee on Energy. The same applies to Information and Communication Technology (ICT) because of the specialization of ICT in different sectors, particularly due to the question of current debate on reforms of education, the Early Childhood Development Education (ECDE) in the county levels, among others. It is necessary that we separate these committees. This is also a non-partisan Motion which had already been debated by the Senate Business Committee (SBC) and approved therein by the Rules and Procedure Committee (RPC). I, therefore, want to invite the Senate Minority Leader to second.

Mr. Speaker, Sir, I beg to second. In so doing, I want to encourage those who will be Members of the Committee on Education. Part of education is devolved, but a very small portion of it. I would want this House to engage with the national Government and devolve the construction and management of physical infrastructure in primary and secondary schools in the country. It is unlikely that somebody sitting in Jogoo House will know how many classrooms a school in Tartar in West Pokot County or in a ward in Baringo County would require. These are some of the unfinished businesses of devolution that this second Senate should start to address and engage the national Government. There are many other things that we will be talking about, but we will talk more, particularly on education. County governments are not given enough money to run the education sector. They only deal with ECDE and village polytechnics. However, every single day when there is a disaster, for example, when a school is brown up or razed down by fire, the first The electronic version of the Senate Hansard Report is for information purposes

Thank you, Senate Minority Leader.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to speak on this. First, I want to support the work done by the Committee. I wholly support the recommendations. I also support what the Senate Minority Leader has stated on the various Committees. He has talked about the CPAIC. I sat on that Committee last time. I The electronic version of the Senate Hansard Report is for information purposes

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

What is your point of Order, Senate Majority Leader?

Mr. Speaker, Sir, is it in order for the senior Senator and senior counsel, Sen. Amos Wako, to debate things that are not on the Order Paper? We are splitting only two Committees. That is what we are approving. If Sen. Wako wants to have an omnibus Motion that will discuss all these things, he should wait for me to move the next Motion which has all the Committees. Then he can engage in that direction. This one is only splitting two Committees.

Mr. Speaker, Sir, I thank Sen. Murkomen for promoting me to be the senior Senator. I think I am the only senior Senator in the House now. The rest are just ordinary Senators. However, I am not only a senior Senator, but also senior counsel. The reason I did not want to wait for the next Motion is the basic principle of numbers. We may recall that under your chairmanship, we increased the numbers of this Committee on Devolution and Intergovernmental Relations to about 11. I would like it to remain that way rather than to retrogress and go back to what, in practice, we saw was not adequate. Thank you.

Sen. Khaniri, do you want to say something?

Thank you, Mr. Speaker, Sir. However, based on the comments of the Senate Majority Leader, I will reserve my comments to the next Order. They will be more relevant in the next order than this. The electronic version of the Senate Hansard Report is for information purposes

I now call upon the mover to reply.

Mr. Speaker, Sir, I beg to reply. I also wish to add that Sen. Amos Wako is not the only senior Senator. Sen. Yusuf Haji is seated behind me here, and he is even more senior . Sen. Sam Ongeri is also there. It is not about longevity only; it is about seniority, generally, in contributing to the welfare and goodness of this nation. Thank, you. I beg to move.

Order, Sen. Wako! Let me proceed and put the question.

Let us move on to the Next Order.

Mr. Speaker, Sir, I beg to move the following Motion: THAT, pursuant to Standing Orders No. 183, 212 and 213, the Senate approves the following Senators, to serve in Select Committees of the Senate as follows- I will move this Motion in an amended version. I will draw the House’s attention to the areas that are amended.

Mr. Speaker, Sir, I beg to second. First, I wish to congratulate each and every Member who has been allocated this The electronic version of the Senate Hansard Report is for information purposes

Order, Senate Minority Leader.

Mr. Speaker, Sir, I also want to encourage - and I am addressing this to my brother, Sen. Murkomen - that in the last Parliament, we had a few Members from this side chairing committees that otherwise would have been the preserve of the other side. We have Sen. Amos Wako, a man with an impeccable and distinguished record that adds value to this House, Sen. (Prof.) Ongeri and Sen. Khaniri; people with vast experience. The electronic version of the Senate Hansard Report is for information purposes

Hon. Lusaka): Yes, Sen. Khaniri.

Mr. Speaker, Sir, I thank you for the opportunity. I rise to support this Motion and in the interest of time, I will just have one or two observations to make. At the very outset, I join the Senate Minority Leader in congratulating Members who have been nominated to serve in various Committees and wish them well as they embark on their Committee work. This is an important Motion because as we all know, most of Senate or Parliament work is processed in Committees, contrary to what people know out there. The electorate believes that the work of the Senate is done in the Chamber and so, when the sessions are not on, they think we are just lying about and lazing around. It is important for people to know that 90 per cent of Senate work is processed through these Committees that we are forming today. The work of the Senate as provided for in the Constitution is oversight, being the forefront, legislation and representation. Oversight is done particularly through a very The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I also stand to support this Motion. It is good to see the House functioning as it should be; both sides of the House back to their work. I congratulate all colleagues who have been nominated in various Committees. As it has been said by my friend, the Senator for Vihiga, it is now back to work. Work is ahead of us and I am sure that we will present the best in our Committees. I would like to also agree that the image of the Senate is going to be portrayed during this time; as the House of union that holds the country together. I do hope that we will continue to work in the bipartisan spirit as proposed. We really need to have a bipartisan way of doing things from now henceforth. I support.

Yes, Sen. (Prof.) Ongeri.

Mr. Speaker, Sir, I also rise to support this Motion. It is very important that this House re-establishes its authority in a bipartisan manner when dealing with matters of devolution which is so critical and touches the nerve centre of the ordinary mwananchi. Hon. Senators, I am sure each one of you whenever you go to your own counties, you get numerous requests for meetings from the ordinary mwananchi wanting to know what is going on. They have so many issues that you will not be able to deal with each and every one of them. Therefore, I believe through Committees, we have a way of functioning more optimally, synthesizing and analyzing the issues that affect devolution and in the process, offering viable solutions to those issues that affect devolution. In the last Senate, those of us who were not Senators seemed to think that all that the Senate was doing was impeachment. I accept that as part of our functions, but there are also other functions that we can carry out more efficiently so that we deliver the mandate that the people have given us. I am one of those who believe that devolving not only functions but also resources to a substantial figure of almost 50 per cent with the National Government can only be The electronic version of the Senate Hansard Report is for information purposes

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

What is your point of order, Sen. Ndwiga?

Mr. Speaker, Sir, considering the length of time we have been here, will I be in order to request that you, please, limit the interventions to two or three minutes?

Fair enough! Those who will speak after, Sen. (Prof.) Ongeri will have three minutes. Proceed Sen. (Prof.) Ongeri.

Thank you, Mr. Speaker, Sir. Sen. Ndwiga, maybe your blood sugar levels are diminishing. I am conscious of that fact. We should speed up. However, if we are going to work together as a House of reason, union and that adopts a bipartisan approach, then we should also look at these committees. The chairmanship and vice-chairmanship should be shared in a manner that creates an atmosphere which will be conducive to the functioning well and optimally of the committees. With those few remarks, I support.

Sen. Mwaura Isaack. Please, let us stick to three minutes. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. When Sen. (Prof.) Ongeri says that Sen. Ndwiga has got low blood level sugar, it is interesting because he is also a medical doctor and he could be in order. I rise to support these lists. They are comprehensive. I must confess that it is difficult for the leadership to place Members in various committees. I imagine that we will finally have an opportunity to engage in a bipartisan manner to look at the issues that bedevil this country and then we will be able to put the best interest of Kenyans and, indeed, counties at the forefront. It is also important to note that there are so many Bills that were not passed in the last Parliament. So, it will be important for the committees to review them and reintroduce them so that we can expedite them. We do not have to reinvent the wheel so that Kenyans can profit from the good ideas that were enshrined in the codification of those laws. Finally, in the same spirit, while we appreciate the seniority of Members, it is also incumbent upon us to ensure that we give opportunity to young people to exercise their talents in the House leadership. I hope that will be considered when we start voting for the chairpersons and vice-chairpersons of various committees. I support.

Thank you, Mr. Speaker. From the onset, I support the Motion. I appreciate that we have now put in place the Senate Committees so that we can deal with the interest of our citizens relayed through petitions and statements. We already have so many important statements that have been coming to the Floor of this House which need to be dealt with through committees. I want to urge Members to vigorously play their role in the committees so that we make every committee important. I saw in the media, last week and this week, some allegations that certain committees are more important than others. I believe all committees are supposed to serve the interests of wananchi . Therefore, this will depend on how Members will go about with the business in their committees. I want to point out two or three imbalances that I have seen in two committees. On the Committee on Information, Communication and Technology, the minority coalition has nominated only male candidates to the committee. There is Sen. (Dr.) Milgo Alice Chepkorir. I am told there is an amendment from the majority coalition. In the minority coalition, it is only one female Senator nominee. On the Committee on Justice, Legal Affairs and Human Rights, I see only the learned friends. That is the class of my neighbour Sen. Mutula Kilonzo Jnr and Sen. James Orengo. We also need women Senators in that committee so that they can learn from you.

Sen. Mary Yiane, you have run out of your time.

Thank you, Mr. Speaker, Sir, I am finishing. The Committee on County Public Accounts and Investment which is ---

Order! Your time is up Senator! Sen. Malalah Cleophas! Try to condense what you want to say so that you use your time well. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I take this earliest opportunity to congratulate all of us who have been selected to various committees. I also take this opportunity to thank the leadership from both divides who burned the midnight oil to ensure that we have a comprehensive list that is agreeable. Mr. Speaker, Sir, I want to draw your attention to Articles 94 and 95 of the Constitution of Kenya which categorically stipulates the role of Parliament. Our major role is oversight. Moving forward, I am sure that as we are going to vote for the various chairpersons of committees, most of the chairpersons, will come from the majority side. However, moving forward, we need to formulate a regulation that will help this House perform its oversight role adequately. Mr. Speaker, Sir, I am sure that if a Chairperson of a Committee emanates from the Majority side and he or she is supposed to lead oversight over a Cabinet Secretary from the Government side, our oversight role will be undermined. Moving forward, I suggest that all Chairpersons of Committees to come from the Minority side.

No! Aaah!

You may shout me down but next time you may be on the Minority side. You will not always be on the Majority side. Therefore, for adequate oversight, we will need a Committee which is passionate about oversight. Secondly, since I came to this House, I want to believe that affirmative action has really benefited the women Senators. As we move forward, we need to have legislation that provides space for the youth because they are as equally vulnerable as the women. Every time we have opportunities, we only see women being given opportunities and the youth who are equally vulnerable are not. I support this Motion. Thank you.

Thank you, Mr. Speaker Sir, for giving me this opportunity. I would like to congratulate every Senator who has been nominated to serve in a particular Committee. I remind all the distinguished Senators of the words of the former President of the United States of America (USA), Theodore Roosevelt, when he once said: “When they call the roll in the Senate, the Senators do not know whether to answer “present” or “not guilty.” We have been given a clear mandate of oversight. Let us not be accused of being people who are not able to defend their counties because we cannot adhere to the rule of law. Moving forward from today, I encourage all of us that we take on our roles in the Committees. We have got a lot of pending Statements and issues; particularly on the issue of land. We have raised several queries which have gone unanswered. This is mostly because of the fact that we had not yet established the committees. We have got issues of national security, compensation as a result of attacks by wildlife or the livestock that belongs to the Masais and the Samburus which have been killed. Therefore, it behooves upon us, as Hon. Members, as the House of union, to sit down, deliberate on these issues and demand answers from the relevant bodies that are tasked with the duty of protecting the people. Mr. Speaker, Sir, when I sit in this House, I know that the people of this country really believe in our ability to defend them. I was looking at all the Committees that have been set up, although I agree with both the Majority and the Minority leader, it is The electronic version of the Senate Hansard Report is for information purposes

Order Senator, your time is up. Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir, for this opportunity. I begin by congratulating Members, including yours faithfully, for being nominated to serve in different committees of the Senate. Having said that; we now have an opportunity to walk the talk. For the last five months, we have talked about our pride of place; that is the apex House with regard to representation, legislation and oversight. However, we have not been able to execute our mandate properly because we have not been having these committees. I will be requesting the leadership, both the Minority and the Majority, to allow Members, when it comes to establishment of the leaderships of the Committees, to ensure that Members, as they elect their chairs, are guided by not just experience but competences, so that we are able to serve our different constituencies and this country in the best way possible. I support.

Thank you, Mr. Speaker, Sir. From the onset I congratulate all Senators who have been nominated to serve various committees. I agree with some of the statements that have been made by my Senate colleagues that most of these issues will be done in a bi-partisan way so that we continue to guard the interests of our counties and nation at large. However, I would like to invite some of our colleagues to be well versed with the Constitution as it is very clear that the role of the Senate is not divided based on whether Senator is from Minority or Majority sides. So, let us not engage by saying a particular Chairperson should come somewhere because the role we have as Parliamentarians both from the National Assembly and the Senate is to oversight the Government. This is very important. So, let us also allow the Members to discuss at their own various committee levels so that they can agree on how The electronic version of the Senate Hansard Report is for information purposes

Thank you Mr. Speaker, Sir. I would also like to join my colleagues in thanking your office and the leadership for considering people like me, who are from a small political party. I was scared, but I think I have gotten justice. I am very lucky to be in three Committees. However, I need to caution that as important as these Committees are, they are not composed of experts. With that regard, it is always important that these Committees work in coordination. If you think that you can fetch certain wisdom from Committee A or B, so be it. We will be ready to assist. I support.

Thank you, Mr. Speaker, Sir. I have noted that the distinguished Senator who has spoken before me has confessed that his party is small. I have not seen anyone from his side refuting the smallness of his party. On a serious note---

) It is Chama Cha Uzalendo (CCU). I do not think that there is a small party; it is the intention and ideology of a party that defines its greatness. I want to congratulate all Members for finding space in different Committees. I have heard what Sen. Mwaura and Sen. Cherargei have said about young people. I think that young people are already serving in all Committees. The role that they will play depends on how they are able to make a case for themselves. I do not think that anyone deserves a position just because they are young. I am one of the biggest advocates of young people, but youth, in itself, is not a qualification in this case. I have heard some of the discussions that Senators have put forth. I would like to give a different perspective. On the issue of the Committee on County Public Accounts and Investment, I have heard the Senate Minority Leader talk about how we should mirror it to the same set up in the National Assembly. However, there are very many big differences between what we do and what they do. The electronic version of the Senate Hansard Report is for information purposes

Your time is up. I will add you two more minutes.

Thank you, Mr. Speaker, Sir. That kind of thinking, especially at the beginning of---

On a point of order Mr. Speaker, Sir.

What is your point of order, Sen. Seneta?

Mr. Speaker, Sir, I requested for a minute to finish a very important contribution and was denied. Why are you adding Sen. Sakaja extra time?

Point noted. I will compensate you later on. Proceed, Sen. Sakaja.

Mr. Speaker, Sir, let me finish the point that I was making. We must not encourage the thinking that if you are a Member of Jubilee you are not going to play an oversight role. What that does is that it turns Members of one side of the House into voting machines, who will accept anything that comes from the National Government. They will come and protect---

Senate Minority Leader, this is the 12th Parliament; it is different from the one you were in last time. I would like to urge my colleagues that all of us, as Senators, are playing that oversight role. This is because we are looking at reports from 47 county governments. There is no correlation with the party that has formed the national Government and how we compose the oversight Committees. In any case, if you look at presidential jurisdictions across the world, you do not find a distinction on oversight Committees, because Parliament in its entirety is supposed to play that role of oversight. The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. On a light note, the Senate Majority Leader said that I am a senior Senator. Let me put it on record that I was very pleased when, thereafter, he added Sen. (Prof.) Ongeri and Sen. Haji as senior Senators. I am, therefore, in good company. I want to congratulate the people who have been nominated into various Committees. Please, develop expertise in the area of the Committee in which you will sit, so that you can make meaningful and positive contribution to the issues which touch the subject matter of what that Committee normally considers. That is very important; it is not just for show. There is an impression that has been created that by forming Committees, Parliament is seeking a way for Members of Parliament to earn money over and above what was recommended by the Salaries and Remuneration Commission (SRC). That came out very clearly. In fact, in one editorial, I read that not all Members of Parliament should be Members of Committees. In other words, there will be a few Members of the Committee who should be reporting to the rest of the Senators in a plenary session, where there is no allowance. I want them to know, as it has been stated a number of times, that in the Parliamentary Practice, which we follow, more than 80 per cent of the work is done in Committees. Therefore, it is actually critical and very important that each and every Member of Parliament belongs to some Committee or the other. It is not a question of a few reporting to the rest. I just want to correct that impression in the eyes of some editorials that are read on this issue. Otherwise, what it will mean is that you have been elected, you do not belong to any committee, but just wait for a few people who have been elected and are in Committees to report to you what they have done and what you just do is to approve. Each and every Member of Parliament is equal whether you are young, old, senior or junior. Each and every one of us is very important. In fact, I normally value the contributions of the young Senators because they come with fresh minds and ideas which tend to challenge our brains as the older people. That is why we remain young because we listen to what the youth are telling us. So, I just want---

Your time is up. Proceed, Sen. Halake.

Thank you, Mr. Speaker, Sir. Please allow me to congratulate my colleagues for their appointment to the different Committees. As I was looking at the list of Committees, the question that came in my mind was; is there any quality control with regard to composition of Committees other than--- With all due respect, I am sure our leadership has done a great job, but perhaps it would have been nice, I do not know whether it is your office or whoever it may be, to The electronic version of the Senate Hansard Report is for information purposes

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

Okay.

Yes, Sen. Wetangula.

Mr. Speaker, Sir, I want to inform the distinguished Senator that on this side of the House, each and every Member was given an opportunity to pick a Committee of choice and competence. Therefore, you are given your first choice without any trading or debate, then the rest you are given according to availability and the Curriculum Vitae that we hold so that people can be productive. I believe your side may have done the same thing. Secondly, being here is a learning curve so that when you get into a Committee that may not relate to what you have been doing previously, it is now an opportunity for you to up your game and get to know other things other than what you already know.

Thank you, the Senate Minority Leader. It is good to be reassured in that manner, but I am sure my point is made. Mr. Speaker, Sir, with those few remarks, thank you very much. I would also like to take this opportunity to congratulate you and our Senate Majority Leader for being awarded the Elder of the Golden Heart of Kenya (E.G.H) ---

I am going to also ask to be added some time.

You have been added.

Okay. Thank you, very much. With those few remarks, I would like to support the Motion and congratulate everybody as well as our Speaker and the Senate Majority Leader who were awarded the E.G.H during Jamhuri Day. Thank you.

Yes, Sen. Omanga.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I want to first congratulate all of us for being nominated to various Committees and I want to thank the leadership from both the Majority and Minority sides. We are trailing in this The electronic version of the Senate Hansard Report is for information purposes

Since I do not see more interventions, I now call upon the mover to reply.

Since they are not in the House, I will now put the question.

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Mr. Speaker, Sir, having consulted with you and having also tried to consult Sen. Khaniri earlier, I would like to cede this opportunity to Sen. Khaniri to move his Motion because I am not really prepared for move my Motion. I have also checked with the National Assembly and we still have a long time before we can get the message. They are only in the next box out of eight boxes in counting. I beg to request you that I move this Motion at the next available opportunity and allow my friend, Sen. Khaniri, to move his Motion.

That Order stands deferred.

Let us move to the next Order. AUDIT ON DISTRIBUTION OF TEACHERS IN ALL PUBLIC SCHOOLS IN THE COUNTRY

Mr. Speaker, Sir, I want to thank you for this opportunity. As noted by the good professor, Sen. (Prof.) Sam Ongeri, I know that our blood sugar levels have dwindled because we have been sitting here for the past eight hours. Our level of concentration is also dwindling. Therefore because of that, I will take the shortest time possible to move this Motion which is straightforward. Mr. Speaker, Sir, I beg to move:- 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 The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Deputy Speaker, Sir. I wish to second this Motion which really speaks to a global problem and challenge on the teacher to pupil The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Order Senators.

Sen. Wetangula): Mr. Deputy Speaker, Sir, thank you for the opportunity to contribute to this excellent Motion. I wish the distinguished Senator for Vihiga was not tricked into amending his original Motion because we are now asking TSC and the Ministry of Education, Science and Technology to audit themselves. It is unlikely that when you audit yourself, you can bring out the facts properly. Mr. Deputy Speaker, Sir, if you look at the history of this Parliament and those who have been here a little longer, on and off like my brother Sen. Poghisio and Sen. Wako, can concur that Select Committees of Parliament have been known to do excellent work if they mean to do it. Remember the Kiliku Report on tribal clashes, the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Sen. Wetangula. Let us hear from Sen. Poghisio.

Thank you, very much, Mr. Deputy Speaker, Sir. I stand to support this Motion. This is quite emotional and emotive. Part of the injustices that need to be addressed in this country is the issue of equitable distribution of teachers in our primary schools. Since 1988, I have been representing the people of West Pokot in one way or another, except for, let us say, a year when I was expelled from the party and another time in 2013 when I lost the Senate seat. I have been in leadership in that county. I suppose, this is not the way to go about to attain the equitable distribution of teachers; not by this Motion. I support it. I am not allowed to cast aspersions or to even impute improper motives on the Chair or even think about it but I am told it is the Chair who advised the Mover of this Motion to withdraw the Select Committee attached to this Motion on account of financial implications. How are we supposed to work? We have seen so many select committees. Mr. Deputy Speaker, Sir, I would like to propose that at some point, you allow that we amend this Motion to take it back to where it belongs for action. For those of us who draft Motions, you can tell that this Motion is very windy and long in legalese – “and whereas, and therefore, further this and that” – but very short on the action part that it demands of this House. Look at what we are asking for after all these ‘whereas’, ‘therefore’ and all this. We are only asking that the TSC audits itself. My question is: After we get that audit, then what? What is the action that this Motion is supposed to take, so that we have equitable distribution of teachers? I was a Minister in the Ministry of Education, Science and Technology. I know that this audit that we are asking for is available. If you ask the TSC to do it, they can pull it from the drawers. The Ministry of Education, Science and Technology can pull it from the drawers because there are returns every month about teachers and so on. That makes this Motion lame. I am glad I can see the Mover walking in and I am asking that we find an amendment that then allows us to take this matter back to an effective Motion that Members of this House, in a Select Committee, can audit the TSC and the Ministry of Education, Science and Technology. In fact, the injustice that the Senate Minority Leader was talking about--- I come from a place where most of the schools are in that category where the TSC will send only one teacher. Only the head teacher is employed by the TSC and the rest are employed by the parents. In Kasei Ward in my County, for example, one child in the recent Kenya Certificate of Primary Education (KCPE) scored over 400 marks. The village did not even understand that and so, there was no celebration. The young man was just going about his business. The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof). Kindiki): Thank you, Sen. Poghisio. I will now give the Floor to Sen. (Prof.) Sam Ongeri.

Thank you, Mr. Deputy Speaker, Sir. From the outset, I support this Motion by Sen. Khaniri. Having been a Minister for Education on two occasions; in 1988 when we established Sessional Paper No.6 of 1988 - then I was in the area of technical training and applied science and technology – and later from 2007 to 2010 when I was able to establish the free day secondary school education after the free primary education was set up in 2003/2007. This is a very important Motion. When you analyse it in full depth, you will soon realise that this country needs to do much more than what is already stipulated in this Motion. Out of the few basics statistics, in 2007/2008, the number of public primary schools was 19,000 and the number of public secondary schools was almost 7,000. The teachers’ shortage at the time when we entered was 70,000. So, when looking at this Motion, first of all, one has to look at the completion rates even in the primary sector itself alone. It was quite apparent to me when I visited various provinces at that time. I went to West Pokot and visited Wei Wei Primary School; a small primary school somewhere in the bush. It is only after visiting there that, that primary school started doing well. I am happy that yesterday when I was having lunch here, one of the students came straight to me and said: “I sang for you at Wei Wei Secondary School, and thank you for The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Sen. (Prof.) Ongeri I will add you three minutes to wind up your thoughts.

Thank you Mr. Deputy Speaker, Sir. We were able to bring in the Directorate of Industrial Training. We were able to train these people in Mombasa, Nairobi, Kisumu, Nakuru and Nyeri. That is how we managed to get our Asian brothers competitors from Tom Mboya and Biashara streets to go to Industrial Area for the industrialization programmes. This is how the jua kali programmes started rising up. This sustained employment opportunities for Kenyans at 40 per cent. Mr. Deputy Speaker, Sir, this is where employment will come from. When you talk of industrialization you are talking of micro and medium term enterprises. These will come through children who have gone through the village polytechnics, vocational training centres, technical training institutes and the national polytechnics. These are the children who are not able to pursue the vertical line towards the university level. We are missing out talented groups of people who need to be in that direction such as talent academies to handle footballers and runners. We established talent academies from Canada with this country. They seemed to have fizzled out and we need to re-engineer ourselves and find out how we should revive it. Through this Motion, we should address an array of issues that are bothering the Ministry of Education, Science and Technology so that we bring it in line. Let the Teachers’ Service Commission (TSC) stand on its own feet and deploy teachers in accordance with their mandate. I support the Motion.

(Sen. (Prof.) Kindiki): Thank you. I will now give the Floor to Sen. Christopher Langat of Bomet County.

Thank you, Mr. Deputy Speaker Sir. I stand to support this Motion and thank Sen. Khaniri for bringing it at this time. I will be brief. I would like to comment on the need to amend the Motion. The title is only narrowed to public schools. Due to some compromised policy issues in this country, some private schools are not exempted from this. Even though they are private, the pupils in those schools are public. So, we should also extend to make an audit not only in public schools, but also in private schools. If you remember, when the Cabinet Secretary Dr. Fred Matiang'i took over the Ministry of Education, Science and Technology there were messes in private schools. Some schools, through corruption, had been approved to be perfect in structures. However, the reality on the ground was that there were three classes that were being taught in one classroom. So, if this audit could be extended to public and private schools it will help. In this country we do not only have teacher distribution disparity. I appreciate what Sen. Wetangula said. I almost thought he was a teacher before becoming a lawyer The electronic version of the Senate Hansard Report is for information purposes

Thank you, Sen. (Dr.) Langat. Sen. Olekina.

Did you say that Sen. Langat comes from Narok County?

Mr. Deputy Speaker, Sir, yes, he comes from Narok County.

Since it is not contested, I will not dwell on it.

Mr. Deputy Speaker, Sir, he was born in Narok County and then he migrated. When you traverse the County of Narok, you will be shocked by the number of TSC teachers who are posted in that county. In Segemian, where the distinguished Senator of Bomet County comes from, there are literally zero teachers from the TSC. You will find that most of the teachers there are hired and paid for by the parents and most of them make less than Kshs4,000 a month. So, this audit is important because this is when we are going to realise which parts of this country are considered to be prime and others considered to be just the parts that make up the vote for any leadership in this country. When you go to parts of Mosiro in Narok County, they do not even know what a TSC teacher looks like. You will find that the majority of people who graduate from their Eighth Grade are the ones who are hired by the parents to teach their children. Therefore, I support this Motion because it will help us. I echo the words of Sen. Wetangula when he said that we ought to amend this Motion so that we can be able to do an audit of the entire teaching curricula in these schools. You will find that in most of these schools, even the ones that have one or two TSC teachers, very few teachers are trained on pedagogue. A lot of students there are taught subjects where teachers are not even qualified. Many of our students are taught subjects by teachers who are not qualified. For example, you will find a teacher who teaches history, probably he had a grade “E” in Mathematics and yet he is teaching also Mathematics in that school. We can add value by amending this Motion. We can also subject it to the Committee on Education which was set up today. I see very important people in that Committee. They have spoken confidently and have contributed heavily to this Motion. I see the distinguished Sen. (Prof.) Ongeri, who was the former Minister for Education. I also see the distinguished Senator who has spoken very confidently when contributing to this Motion. There is Sen. (Dr.) Langat who was a teacher and Sen. (Prof.) Sen. (Prof.) The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Very well. Yes, Sen. (Dr.) Milgo.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support this Motion. Indeed, this is a very emotive Motion. First, I thank Sen. Khaniri for bringing this great Motion. I support this Motion with amendments because nowhere in the world will anybody be an implementer and at the same time audit themselves. Many of the Senators who have spoken are of the idea that we could have a committee that is thoroughly going to look at these audit issues. We are all products of an education system. If it was not for a proper education system, we would not be here right now. Mr. Deputy Speaker, Sir, as we talk here, what is happening on the ground is so serious. Come January, we will have worse issues. These issues started way back in 2002 The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Senator. Sen. (Dr.) Ali.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Motion as well. As others have pointed out, the issue of audit alone will not be helpful. Audit and report will only give us a booklet which will not be helpful to us. I also suggest that we go the select committee way as suggested by Sen. Poghisio. That way, we will have a select committee which will do the auditing and other things. The issue of infrastructure should also be added to the Motion, as Sen. (Dr.) Milgo has said, so that the national Government deals with the numbers only and other resources go to the county governments. When you go round this country, as Sen. (Prof.) Ongeri said, many Kenyans do not know where Kenya really is. Of late, many people have gone back to their cocoons. They do not even know their counties well The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you Sen. (Dr.) Ali. I will now give the Floor to Sen. Abshiro Halake.

Mr. Deputy Speaker, Sir, I was not going to say anything but because I come from northern Kenya, where sometimes we do not consider ourselves from Kenya mostly on the basis of education and other things, I must say something.

(Sen. (Prof.) Kindiki): Order, Senator, at least you have used the word “consider”. You said sometimes you do not consider yourselves---

Not all the time.

(Sen. (Prof.) Kindiki): I will let it pass.

Thank you. Let me just cut to the chase and congratulate Sen. Khaniri for this very timely Motion. I rise to support and congratulate my colleague Sen. Khaniri for this timely intervention and Motion which of course, as everybody else has said, perhaps needs to be looked more holistically. We need to look at the whole question of education, not just an audit but all aspects of its rights-based approach that covers every aspect of education so that it is quality, rights based and considers every aspect of barriers that face people with regard to access to education. Mr. Deputy Speaker, Sir, when I began, I said I would not do justice to the people of northern Kenya if I did not say something especially as a woman from there. This is because sometimes when you come home and say hello to the people from northern Kenya, they say to you: “How is Kenya?” Of course, this is not new and everybody knows this. Thank you for passing and forgiving me for saying that we are not considered to be part of Kenya sometimes. It is because of these aspects of education. As you know, it is the most basic of human rights. It is what ensures other rights as well. As you well know, Sustainable Development Goal (SDG) No. 4 is on access to quality education. Why is quality education important? It is because it ensures all the The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Sen. Abshiro. Last but not least, Sen. Isack Mwaura.

Thank you, Mr. Deputy Speaker, Sir. I note that I am speaking for the first time when you are in the Chair and so, I also, belatedly congratulate you for being our Deputy Speaker. I was lobbied by senior Sen. George Khaniri to come and make contribution. I did although I thought taking some few cups of tea would have been more productive. I am very glad I am here because I am now very well informed from the contributions of Members. The TSC as a institution has become lethargic by virtue of the fact that it is the biggest public employer in East and Central Africa. It employs over 200,000 people. In the last Parliament, we approved the nominees for the Commission. I was very glad that at least in that Commission, for example, there is a gentleman called Mr. Twahir Mbarak who is disabled, among others of great repute and qualifications. I also reckon that in this day’s Jamhuri celebrations, both the Chairperson and the Chief Executive Officer of the TSC were given the Head of State commendation. They were given the Chief of the Order of Burning Spear respectively. As Sen. Moses Wetangula had put it, last year, I was also privileged to have been awarded by His Excellency the President. There are serious concerns within the TSC which might not be directed at particular individuals. However, in my opinion, having interacted with the TSC and with various meetings with them, there are serious challenges in terms of teacher management. For the record, my first degree is from Kenyatta University. I have a Bachelor’s degree in The electronic version of the Senate Hansard Report is for information purposes

(Sen. (Prof.) Kindiki): Thank you, Sen. Mwaura. I now call upon the Mover of this Motion, Sen. Khaniri, to reply.

Thank you Mr. Deputy, Speaker, Sir, for the opportunity. I thank my colleagues who have made very valuable contributions to this Motion. I am very happy that the support for the Motion has been overwhelming and this shows that there is a problem. Despite the fact that our blood sugar levels are low - we are tired and have been sitting here for the last nine hours - Members have braved all that to sit here and make contributions to this particular Motion. It tells you clearly that there is a problem and it must be addressed. I have listened to all the Members who have contributed and what I read from most of the contributions is that people are skeptical about the implementation of this Motion, even if we passed it. People are questioning how the Ministry of Education, Science and Technology and the Teachers Service Commission (TSC) can audit themselves.

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

(Sen. (Prof.) Kindiki): What is it, Sen. Kibiru?

Mr. Deputy Speaker, Sir, I have been persuaded that we seek adjournment of debate on this Motion, pursuant to Standing Order 99 (1), so that we can have an inclusive one. Standing Order 99 (1) says:- “A Senator who wishes to postpone to some future occasion the further discussion of a question which has been proposed from the Chair may, for reasons stated, claim to move “That the debate be now adjourned,” or, in the Committee of the Whole “That the Chairperson do report progress.”

(Sen. (Prof.) Kindiki): Sen. Khaniri, what are your views?

Mr. Deputy, Speaker, Sir, if you were listening to my reply that is exactly where I was heading. Members are very skeptical that the Ministry can actually audit itself. When I was moving this Motion I said that, initially when I drafted this Motion, I had sought that the House forms a select committee so that it can undertake this particular duty and responsibility. I agree with the Senator who is seeking for postponement. If that is provided for under our rules and Standing Orders then I have no objection that we can defer debate on this Motion, so that we can move an amendment to include the views that Members have expressed during the contribution. I support.

Hon. Senator, who is your seconder?

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Thank you, Mr. Speaker, Sir. The distinguished Senator for Elgeyo-Marakwet County has not been in the House. Members who have spoken to this Motion from both sides of the House have been of the view that we cannot pass a Motion to ask the Ministry of Education, Science and Technology and the TSC to audit themselves. We require a select committee of this House to do that. This is to ensure we achieve greater efficacy and bring sanity, order and equity in the distribution of teachers around the country. However, you will find in urban schools the student teacher ratio is 15:1. In rural areas, you will find a school with eight classes having one TSC teacher and two untrained teachers. The distinguished Senator for Kirinyaga County has moved that we adjourn debate now so that we give an opportunity for the amendment of the Motion, which is a perfect idea in view of the debate that ensued. Once you have spoken to a Motion, you cannot move or second it. That is why I was asking the distinguished lady from Kajiado County, who I believe has not spoken to it or Sen. Petronila seated behind me, to second so that we can adjourn debate on this Motion and wait for an amendment. That is where we are Mr. Speaker, Sir.

Sen. Petronila, you can have the floor.

Thank you, Mr. Speaker, Sir. I rise to second the proposal to adjourn debate on the Motion as presented by Sen. Khaniri.

Mr. Speaker Sir, this Motion is a very important. From the outset, the Mover informed the House that when he first drafted the Motion he wanted to create a select committee to audit the distribution of teachers around the country. However, he was informed that at the time, Parliament was cash strapped. We are in a new year and in a new Parliament. This House listened to new Members here like Dr. Milgo, Dr. Langat and the young lady from the Kenya African National Union (KANU) who had brilliant ideas. I am sure they will make a difference in the management of our education system. I support the move by the distinguished Senator for Kirinyaga County that debate on this Motion be now adjourned to a later date to give an opportunity for that amendment and creation of a select committee.

I will now proceed to put the question.

Hon. Senators, we are still waiting for a Message from the National Assembly. They are just winding up. I propose that we suspend the House for a few minutes. Once we get the Message will re-convene. The electronic version of the Senate Hansard Report is for information purposes

Hon. Senators, the Clerk of the Senate has drawn my attention to the presence at the Bar of an officer from the National Assembly. He is bearing a Message from the National Assembly to the Senate. I direct that the Serjeant- at-Arms to receive and deliver it to the Clerk.

Hon. Senators, I now have the results from the National Assembly. They are as follows- From the Jubilee party: Hon. Simon Ng’ang’a Mbugua, 235 votes; Hon. Adan Mohamed Nooru, 162 votes; Mr. Charles Ayako Nyachae, 72 votes; Hon. Lawrence Mpuru Aburi, 168 votes; Hon. Wanjiku Muhia, 151 votes; Ms. Elizabeth Wangui Njeeh, 122 votes; Hon. Abdul Aziz Ali Farah, 171 votes; Ms. Irene Cherop Masit, 49 votes; Ms. Flowrence Jematiah Sergon, 202 votes; Mr. Justin Nthiiri Bundi, 38 votes; Ms. Eunice Wanjiru Karanja, 21 votes; Mr. Jackson Kipkemoi Kosgey, 34 votes; Ms. Dorice Donya Aburi, 20 votes and Dr. Muriuki Joe Muriithi, one vote. From the NASA Coalition: Hon. Odinga Oburu Oginga, 195 votes; Mr. Kennedy Musyoka Kalonzo, 254 votes; Mr. Norman Magaya Amugira, 52 votes; Ms. Fatuma Ibrahim Ali, 113 votes; Mr. Abdikadir Omar Aden, 203 votes; Ms. Beth Kalunda Mutunga-Syengo, 45 votes; Mr. Abubakar Zein Abubakar, 56 votes; Mr. Loy Mwandi Maviala, 105 votes; Ms. Angela Mueni Munyasia, seven votes; Ms. Jane Moronge Marwa, 90 votes and Mr. Justus Onsongo Mochonge, 14 votes. The total number of spoilt votes is 11.

Hon. Senators, the following are the consolidated results:- From the Jubilee Party: Mr. Abdulaziz Ali Farah, 186 votes; Ms. Aburi Donya Doris, 23 votes; Mr. Aburi Mpuru, 208 votes; Mr. Bundi Justin Nthiiri, 41 votes; Ms. Karanja Eunice Wanjiru, 22 votes; Mr. Kosgey Jackson Kipkemoi, 38 votes; Ms. Masit The electronic version of the Senate Hansard Report is for information purposes

Mr. Speaker, Sir, I beg to move: “THAT, pursuant to Standing Orders No.28 and 29, the Senate adjourns until Tuesday, 13th February, 2018”. First of all, I congratulate all those who have been elected and succeeded to represent us in the EALA. It shows the bi-partisan relationship that this House can have. You can see the leading candidate who got 309 votes is from the NASA side despite the fact that the Jubilee Party has more votes than all combined. This demonstrates that we are reasonable. I congratulate my brother in the legal profession, Mr. Kennedy Musyoka, now Hon. Kennedy Musyoka, who has been elected to EALA. It is also a demonstration that one can prove his credentials beyond the relationship they have with other leaders; in this situation, his father. I congratulate all the other Members who have been elected and wish them a successful engagement in EALA. Now, therefore, our House has come to a period of adjournment until February, 13th 2018, except where there will be a situation of a special sitting which will be determined from time to time. I wish hon. Members a very successful Christmas break, particularly as they go back to engage their constituents. I wish them God’s blessings believing that all of us will serve with diligence, do our job to oversight counties and engage citizens in terms of views that we will get from them. I also pray that God who gives us life everyday will keep us safe from dangers on our roads and diseases or anything else so that we can continue saving and serving this country. I pray that as motorists and as we use the roads, we become an example in the manner in which we do. I hope that Kenyans will take charge of their destiny by being careful on the roads so that even as we blame other institutions, whether the National The electronic version of the Senate Hansard Report is for information purposes

Thank you, Mr. Speaker, Sir. I rise to second the Motion to adjourn until 13th February, 2018. I also take this opportunity to wish Kenyans a Merry Christmas and a prosperous New Year, 2018. I also agree with the Senate Majority Leader that as we go to the festivities, we should ensure that we are safe, drive safely and ensure that everyone around us is also safe. We should be aware of all the dangers on the roads until we resume and get back to the business of the House. The Committees are now in place and, therefore, when we resume in February, we will be back to business.

Hon Senators, there being no other business, the Senate, therefore, stands adjourned until Tuesday, 13th February, 2018. The Senate rose at 11.15 p.m. The electronic version of the Senate Hansard Report is for information purposes