Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today 20th February, 2018. The Senate Calendar (Regular Sessions of the Senate) for the year 2018 (February to December, 2018).

The Chairperson, Standing Committee on Education, is not in the House neither is the Vice Chairperson. We, therefore, defer the laying of the Paper. Let us move to the next Please proceed, Sen. Poghisio REPORT OF THE 8TH ORDINARY SESSION OF FP-ICGLR

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today 20th February, 2018. Report of the 8th Ordinary Session of Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (FPICGLR), 5th – 7th December, 2017, Central African Republic.

The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order 29(1), this House approves the Senate Calendar (Regular Sessions of the Senate) for the year 2018 (February to December, 2018), laid on the Table of the House on Tuesday, 20th February, 2018.

We have Statements to be requested. Please proceed, Sen. (Dr.) Ali. HUMAN- WILDLIFE CONFLICT AND LIVESTOCK PREDATION IN WAJIR COUNTY

Mr. Speaker, Sir, I rise to seek a Statement from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources regarding human wildlife conflicts and livestock predation in Wajir County. In the Statement, the Chairperson should respond to the following concerns: (1) State the cases of human-wildlife conflict in Wajir County for the last 10 years. (2) How many deaths have occurred as a result of human-wildlife conflict in the last 10 years? (3) How many cases of bodily injuries have been recorded as a result of human- wildlife conflict in Wajir County in the stated period? (4) How many cases of livestock predation have been recorded in the same period? (5) What is the estimated cost of lives lost, human injuries and livestock predation to the Government of Kenya? (6) What measures has the national Government put in place to mitigate the aforementioned losses? (7) What measures has the county government put in place to mitigate the aforementioned losses? (8) What measures have been put in place by the national and county governments to compensate the affected families in cases of human-wildlife conflict in Wajir County? I also request for the provision of a vehicle for the Kenya Wildlife Service (KWS) Wajir, which covers over 56,000 km². The KWS in Wajir has no car yet there are a lot of problems all over the county. Thank you.

Please proceed, Sen. Olekina. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, Mr. Speaker, Sir, pursuant to Standing Order no. 46(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on National security, Defence and Foreign Relation regarding the killing of livestock in Ratia, Laikipia North Constituency, Laikipia County. In the Statement, the chairperson should state: (1) Whether the period within which the Gazette Notice dated, 17th March 2017 by the Cabinet Secretary for Interior and Coordination of National Government declaring Rumuruti, El Molo, Kerimon, Ng’arua, Marmanet, Mgogodo East, Segera as disturbed and dangerous areas where possession of any arms was prohibited was extended. (2) Enumerate the number of cows that have allegedly killed by the police officers since the area was declared a disturbed and dangerous zone. (3) Explain what happened immediately following the shooting of the cows. (4) Whether any herders were arrested by the police officers from the scene of crime and the status of the arrested herders. (5) State the measures that the Inspector General of Police took to preserve the crime area following the killing of over 300 cows last week. Mr. Speaker, Sir, this Statement was presented quite a while ago but we did not get any response and that is the reason why I have re-introduced it. (6) Confirm whether as alleged, the herders invaded a private ranch and if so, whether the ranch owners filled a complaint with the police officers. (7) State the names and owners of the said ranch where the cows were killed. (8) Table a list of the disciplined forces who were deployed to the areas and the specific makeup of each discipline, stating the community from which they come and percentages per community. (9) State the measures that the Government will take to compensate the herders who lost their cows and specifically Mr. Lena Kukuyia who lost 168 cows and Mr. Lekale Simiyu who lost 138 cows (10) Explain the measures that the Government has put in place to bring to an end the killing of livestock and foster harmonious living between the communities and the ranch owners. Mr. Speaker, Sir, allow me to add that it would be good for the Chairperson of this Committee to explain how and what the Government is doing to bring the three communities together because as of yesterday, the three communities were stilling killing one another. Thank you.

Before I call the Chairperson of the Standing Committee on National security, Defence and Foreign Relations to respond, let me call the Chairperson of the Standing Committee on Lands, Environment and Natural Resources to give a commitment on the first statement.

Mr. Speaker Sir, I undertake to give an answer to the Statement two weeks from now, obviously after consulting the Ministry concerned. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

That is adequate. Chairperson of the Standing Committee on National security, Defence and Foreign Relation, please proceed.

Mr. Speaker, Sir, in as much as this statement is extensive, in terms of the number of questions, 10 questions to be exact. The statement even requires some statistical data from the Ministry as well as percentages of communities, ownership of ranches, et cetera . I note that this is a statement that was asked previously in the Session. I am assuming that it was already forwarded to the relevant Ministry. The answer should be ready somewhere. Let me give a response in the next seven days.

Is seven days okay with you Sen. Olekina?

Mr. Speaker Sir, that is fine. INTRODUCTION OF TEA EXPORT TAX BY MOMBASA COUNTY GOVERNMENT

Mr. Speaker, Sir, pursuant to Standing Order 46(2)(b), I rise to seek a statement from the Chairperson of the Senate Committee on Agriculture, Livestock and Fisheries regarding the introduction by the County Government of Mombasa of a tax/levy of Kshs32 per packet of tea being exported through the Port of Mombasa. In the statement, the Chairperson should: (1) State whether the Government is aware that tea is among the leading export earners in Kenya. (2) That the tea sector employs more than five million Kenyans. (3) Table a schedule showing the type and amounts of taxes being levied on the tea farmers and all the dealers in the tea sector. (4) Explain why the County Government of Mombasa has introduced this tax of Kshs32 of made tea being exported through the Port of Mombasa. (5) Explain the measures the Government will take to harmonise and waive some of the levies, licenses and fees that are being charged on tea farmers, leaving very little earnings for them.

The Chairperson, Committee on Agriculture, Livestock and Fisheries. (Sen . Ndwiga spoke off record)

Mr. Speaker, Sir, I want to ride on that statement because there is a growing trend across the country, especially with many governors to ignore the very specific provisions of the chapter on Public Finance. Article 209 of the Constitution is clear, for instance, that only the national Government may impose: ( a ) Income tax; ( b ) Value-added tax; ( c ) Customs duties and other duties on import and export goods; and ( d ) Excise tax. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Chairperson Committee on Agriculture, Livestock and Fisheries.

Mr. Speaker, Sir, I undertake to give that statement within fourteen days.

That is okay. Sen. Olekina. STATUS OF LAND OWNED BY ADC IN LAIKIPIA COUNTY

Mr. Speaker, Sir, pursuant to Standing Order No. 46(2)(b), I rise to seek a statement from the Chairperson, Senate Committee on Land, Environment and Natural Resources regarding the status of over 63,000 acres of land owned by the Agricultural Development Corporation (ADC) in Laikipia County. In the Statement the Chairperson should:- (1) State whether the government is aware that Samburu community has for over 40 years grazed on over 63,000 acres of land owned by ADC. (2) Confirm the status of the said land and specifically around Mutara Area. (3) Explain who owns the land adjacent to the ranches which the Samburu Communities have occupied since Independence; and finally, (4) Explain what happened to the communities that were forcefully evicted from the said public land. Mr. Speaker, Sir, this is a statement that I raised earlier on in the last Session, so I expect that it will take a shorter time to get the response.

Mr. Speaker, Sir, I would wish to ride on that statement and also ask the Chairperson Senate Committee on Land, Environment and Natural Resources, in bringing the answer, to bring the Policy Statement. ADC lands were community lands that were taken by ADC as a public corporation at no cost. Where there is a need to dispose of the land, will the chairperson tell this House and the country that with the advent of county governments and devolution, the national Government should unconditionally transfer ADC lands to county governments because this is where they belonged in the first place. Those county governments can utilise the land as tools of economic production as stated in the Constitution. We are having situations where, because of very nominal monies owed by ADC lands, this is leading to monstrous auctions of such land to people with money and this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

the Chairperson, Senate Committee on Land, Environment or the vice-chairperson. ( Sen. Mwangi walked into the Chamber )

Okay the Chairperson is there. I hope you heard the question. ( An Hon. Senator spoke off record )

He needs to provide an answer when he will be ready.

Mr. Speaker, Sir, I did not hear what he asked so I am requesting that he repeats so that I can tell him when I will give him the answer, whether in one day or three weeks.

Okay repeat. ( Sen. Lelegwe walked across the Floor without

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

Proceed.

Mr. Speaker, Sir, I paused so that you could watch the offending Senator in action. The Senator for Samburu County has done it not only once, but twice. He has crossed the aisle without ceremony. You need to guide us and he is a former Speaker. We might need to take him for induction on how to be a Senator.

As a punishment he knows that he should go back and do the right thing. Walk to the Bar and do the right thing, he was a Speaker so he should be able to understand the rules and procedures. ( Sen. Lelegwe walked to the Bar and bowed )

Mr. Speaker, Sir, in the statement the Chairperson should:- (1) State whether the Government is aware that the Samburu Community has for over 40years grazed on over 63,000 acres of land owned by the ADC. (2) Confirm the status of the said land and specifically around Mutara area. (3) Explain who owns the land adjacent to the ranches which the Samburu Community has occupied since Independence. (4) Explain what happened to the communities that were forcefully evicted from the said public land.

Yes, Sen. Wetangula. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, the question will be found in The HANSARAD and the distinguished Senator can peruse the HANSARD and answer the question. However, for avoidance of doubt, ADC lands were trust lands that were then transferred to ADC by the former governments at no cost, including your County Nyandarua. These lands are being routinely disposed of on spurious loans defaults and so on. Will you bring an answer to this House and to the country, stating clearly where ADC lands are to disposed of, the first point of call is to transfer them from the National Government to the county governments to use them as tools of production to enhance the economies of the counties. Since, that is where the lands came from anyway.

The Chairperson of Committee on Agriculture, livestock and fisheries.

Mr. Speaker, Sir, I will undertake to give an answer in three weeks because this question was not in the Order Paper. In the answer, I will include what my friend Sen. Wetangula has asked.

Mr. Speaker, Sir, during the last Session I brought this matter up. The reason why I revived it is because we could not proceed with matters of the last Session. So, three weeks is not good enough. One week would be enough because this is a matter that the Speaker referred to the relevant Senate Committee. Therefore, seven days are sufficient to get us a detailed answer.

The Chairperson of Committee on Agriculture, livestock and fisheries.

Mr. Speaker, Sir, this question requires a comprehensive answer. Listening to what Sen. Wetangula said, I require to do a lot of work on it. I need to talk to the Ministry concerned. I need to interrogate the Ministry to get the appropriate answer. If I am given one week, I will bring a shoddy answer and that will not be pleasant to this House and it will erode my integrity.

Mr. Speaker, Sir, this is a very important question touching on land which was trust land and then given to ADC. If you read the Ndung’u Land Report, you will see that quite a number of pieces of land which now belong to corporations like ADC have been alienated in favour of some individuals and not reverted back to the trust land or the county governments. I would like the Chairperson in his answer to inform this august Assembly whether any of the lands being referred to here have been alienated to other people other than being reverted to trust land. Those people should be named and the procedure that was used for them to get those lands be set out.

Mr. Speaker, Sir, last week the issue of the time that Committee chairpersons would take to respond to questions was brought to the Floor of this House. The Chair’s direction was that the time given should not be just arbitrary time. For instance, if the chairperson says three weeks or four weeks, that should suffice. I want to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, as much as Sen. Wambua would like me to bring the answer in two weeks’ time, I would like to inform him that I can be given answers by the Ministry which would not be satisfactory. I may also require to return the same answers to them and advise them to give me answers that are satisfactory. So, three weeks is not far too long to get the right answer. In any case, the Senator for Narok settled for three weeks. If he did not settle, he can put his case and I will consider it.

I will make a ruling. Time is not a strategy so I will give you three weeks to present the answer as requested. Sen. Mutula Kilonzo Jnr. Is not in, we move on. Yes Sen. Kasanga, you have two Statements to make. Please, proceed. STATUS OF NHC PROJECT IN WOTE, MAKUENI COUNTY

Mr. Speaker, Sir, pursuant to Standing Order No.46 (2) (b), I rise to seek a statement from the Chairperson of the standing Committee on Roads and Transportation regarding the National Housing Corporation (NHC) project in Wote Makueni County. In the statement the chairperson should state:- (1) When the contract for construction of the NHC project in Wote Makueni was awarded and indicate the name of the contractor undertaking the project. (2) When the construction of the project commenced and the projected date of completion (3) How much money was allocated to the project and how much has gone into the project, so far. (4) Whether he is aware that the NHC project has stalled. (5) The circumstances that led to the stalling of the project. (6) When the NHC will revive the project and indicate the new date of completion of the project.

The Chairperson of the Committee on Roads and transportation.

Mr. Speaker, Sir, I undertake to give the statement in two weeks’ time.

Is two weeks okay? Yes, Sen. Haji.

Mr. Speaker, Sir, can the Chairperson also give us an answer to the problem of repairs of roads in the city. If you go to oversees, these repairs are normally undertaken at night or over the weekend. However, in this country, they are done in the middle of the day and in the morning. We see tippers with stones blocking people going to work. Can there be a rule that will guide these people to be doing their work on The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Go ahead, Sen. Sakaja.

Thank you, Mr. Speaker Sir. I seek the Chairman’s indulgence to ride on that statement as requested by Sen. Kasanga with respect to National Housing Cooperation (NHC), which has been a player in matters of low cost housing. As we know, part of the Governments big four agenda is universal housing. Can the Chairman also seek the policy that NHC employs when it deals with the tenants, many of who were previously in slums and such informal settlements? Only recently, we heard of more than 160 families being evicted from the NHC houses in Majengo Estate, Nairobi only for the NHC to hold a forum the next day, sensitizing Kiambiu slum owners on how they will build houses for them. So, now that we have focused on the Big four at this time, can we get the policy on how they are dealing with the low income earners who they are charging more than Kshs11,000 to stay in those houses, yet we want to achieve universal housing for them?

Sen. Olekina, the Floor is yours.

Thank you, Mr. Speaker Sir. I would like to ride on that statement, specifically on the road reserves. We have noted, particularly in Nairobi County, that most of the road reserves are occupied by people. There are stalls for businesses and sometimes they cause a lot of hazards and many accidents occur, particularly in Kangemi on your way to Narok. So, the Chairperson of Standing Committee on Roads and Transport should come up with a policy on whether those road reserves are reserved for roads or for markets and people’s housing. Thank you, Mr. Speaker, Sir.

Chairperson of Standing Committee on Roads and Transport, please respond to that?

Thank you, Mr. Speaker Sir. The question that has been raised by Sen. Sakaja, on the NHC policy, is a far reaching issue affecting so many people in Nairobi. The House may note that, indeed, most of the houses previously owned by, for example, the County Government of Nairobi when it was the City Council of Nairobi, also reverted to the NHC. Therefore, in light of the width and depth of this matter and for us to give a comprehensive reply to the statement on the matters raised, I seek your indulgence to do it in two weeks. This is so that I can make a demand to the NHC and probably rope in the County Government of Nairobi so that they can give satisfactory answers, including details of the transactions and how they have proceeded to either compensate or dispose of such property in such cases.

Are you asking for two weeks?

No, I am asking for three weeks, Mr. Speaker, Sir. I seek your indulgence to expand it to three weeks.

Okay.

This is also in order to include the new statements as requested by Sen. Haji and the Senator for Narok County. In as much as the request by Sen. Olekina is a new statement, I still undertake to bring an answer.

Three weeks is okay. Your plea is granted. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker Sir. Pursuant to Standing Order No. 46(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Roads and Transport regarding the status of the Nairobi-Mombasa Highway, which is a critical infrastructure to Kenya as well as East and Central Africa region. In the statement that Chairperson should:- (1) State whether he is aware that the Nairobi-Mombasa Highway – which forms part of the Northern Corridor – is the busiest and the most important transport network route in East and Central Africa because it provides a gateway through Kenya to the land locked economies of Uganda, Rwanda, Burundi, Eastern Democratic Republic of Congo as well as South Sudan. (2) State whether he is aware that the highway, together with its sister road, the Nairobi-Malaba road, moves more than 50 per cent of all goods traded in the East African Community. (3) State whether he is further aware that due to the volume in traffic and concentration of heavy duty transport vehicles, the route is accident prone, accounting for a larger number of injuries and fatalities in the region. (4) State what the respective short term (five year), long term (ten year) and ultimate plan for the highway is under the Kenya Vision 2030. (5) Indicate the budgetary allocation for the Nairobi-Mombasa highway expansion, highlighting the phases already commissioned, what is planned for the highway in the short and long term, respectively. (6) Table the original designs of the highway and indicate changes made, if any, stating what occasioned the changes. (7) State whether there has been public participation and deliberations on the project and, if so, whether he could table the Report and demonstrate how views from the stakeholders have been incorporated into the designs and design changes, if at all. Thank you, Mr. Speaker, Sir.

Chairperson of Standing Committee on Roads and Transport, please respond to that?

Thank you, Mr. Speaker Sir. Two weeks will be adequate for me to give a reply to that statement.

Sen. Kasanga, is that okay?

Yes, Mr. Speaker Sir.

Thank you. Proceed, Sen. Chebeni. VIOLENCE IN JAMHURI HIGH SCHOOL, NAIROBI

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 46(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Can we have the Chairperson of the Standing Committee on Education responding? If he is not there, can we have the Vice- Chairperson? If both are not there, let us have the leader of majority responding.

Do we have a member of the committee present?

Mr. Speaker Sir, I believe there are Members of that Committee in the House. One of them needs to respond.

Sen. Seneta?

Thank you, Mr. Speaker, Sir. On behalf of the Chairperson of the Committee, I undertake to give a comprehensive answer to that statement in two weeks’ time.

That is satisfactory. Proceed, Sen Beth Mugo. If she is not in, let us have Sen. George Khaniri. SHOOTING OF RESIDENTS IN LUANDA MARKET, VIHIGA COUNTY

Thank you, Mr. Speaker, Sir, for indulging me; I know the statement just came in this afternoon. Pursuant to the provisions of Standing Order No. 46(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations concerning the shooting of residents in Luanda Market, Vihiga County, on 19th February, 2018. Mr. Speaker, Sir, in the Statement, I would wish the Chairperson of the Committee on National Security, Defence and Foreign Relations to:- (a) Explain whether the Cabinet Secretary for Interior and Coordination of National Government is aware that five individuals, including a 15 year old boy, were shot by members of Disciplined Forces in Luanda Township on 19th February, 2018; (b) Explain the circumstances under which the police shot and injured citizens participating in a peaceful demonstration; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, cases of police brutality against unarmed peaceful citizens are on the rise. When the Chair of the Committee on National Security, Defence and Foreign Relations brings the Statement, could he tell this House under what circumstances and what provoked the incident for the police to unleash live ammunition on citizens that were peacefully demonstrating, in line with the provisions of the Constitution. Secondly, as a matter of emphasis, have the officers who carried out this cowardly and heinous act be disarmed, arrested and locked up ready for prosecution for the homicides that they committed? Murder is murder; it matters not matter who has committed it and where. International law requires that crowd control is done by truncheons, horses and less lethal weapons. Why does the police leadership allow armed trigger happy policemen to descend on citizens, not to mention the cases we saw in Nairobi County during our Independent Electoral and Boundaries Commission (IEBC) demonstrations, where they killed many Kenyans whose deaths have gone unaccounted and unanswered for?

Thank you, Mr. Speaker, Sir. I want to put a rider. When the Chair brings the Statement, it should include the case of the three teenagers who were killed in Ahero in Kisumu County. Have the officers who killed the innocent peaceful demonstrators been arrested? Is there any compensation to the families that lost the three teenagers who will be buried on Friday? Lastly, will there be an end to this police brutality and use of live bullets anytime there are peaceful demonstrations, especially in NASA areas?

Sen. Outa, that sounds like a different statement. It does not sound like a rider on a question. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, if it is not a rider, then I will seek a fresh statement, because we will be burying these innocent Kenyans on Friday.

Okay. Raise a new statement, which will be addressed. Chairperson, Committee on National Security, Defence and Foreign Relations.

Thank you, Mr. Speaker, Sir. I have listened to Sen. Khaniri and it is true that there are certain things that should not take long. I know the area he is talking about. In fact, I am very closely attached to it. The place is near a market called Kima, where I made my transition from a boy to a man, if you understand what I am saying. We will do our best to bring the response as soon as we can. After discussing with the relevant organs, the Committee will see whether we can give a status update on where we have reached, if we will not have the full answer to it, before the last sitting this week. So, by the close of business on Thursday we will be able to give a status update. However, we will try as much as possible to have the entire Statement done by then, because it is a matter that happened recently. ONGOING RECRUITMENT EXERCISE BY KDF

Thank you, Mr. Speaker, Sir. Pursuant to standing 46 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations regarding the Ongoing Recruitment Exercise to the Kenya Defence Forces (KDF). In the Statement, the Chairperson should:- (1) Provide a comprehensive ratio of the women and men recruits who shall be recruited in the ongoing KDF recruitment exercise; (2) Confirm if the female recruits have been allocated only eight per cent of the available slots and if so, why the allocation has not been pegged on the 30 per cent rule on recruitment to appointive and elective offices, as per the Constitution of Kenya and the Government policy on filling up all new vacancies and promotions in Government agencies; (3) Explain the measures that the Government will take to ensure that female recruits are not denied at least 30 per cent of the available slots in the ongoing and future KDF recruitment exercises; and, (4) Highlight what the Government of Kenya is doing to ensure adherence to the two-thirds gender rule principle in recruitment and promotion of staff in all key sectors of the Government. Mr. Speaker, Sir, we have witnessed a lot of cries from girls who are being harassed and almost thrown out of the recruitment centres. I seek that answer from the Chairperson and I hope that there will be corrective measures.

Mr. Speaker, Sir, allow me to ride on the statement requested by Sen. Mugo because it touches on the ongoing KDF recruitment. I would like the Chairperson to explain the relationship between the colour of teeth and the KDF recruitment exercise. In the past, many young men and women have been left out of this exercise because of the colour of their teeth. This is something that is not of their own making. The reasons for the discolouration are sometimes related to the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for the opportunity. I would also like to ride on the statement asked by Sen. Mugo. I would like an investigation to be done so as to find out the number of People with Disabilities (PWDs) who have been recruited join KDF. The PWDs who are not mobile can be recruited to do different jobs such as desk jobs. However, we also have those who are mobile. How many mobile PWDs have been recruited to join KDF in the ongoing recruitment exercise? I would also like to know what is being done to ensure that PWDs are recruited just like any other Kenyans. In the past, PWDs missed opportunities. When such opportunities arise, there is need to ensure equal representation in recruitment of KDF officers or any other officers as stipulated in the Constitution.

Thank you, Mr. Speaker, Sir. I would also like to ride on that statement by Sen. Mugo. What surprises me is that when young men and women go for recruitment as KDF officers, it is not only the issue of the teeth that they look at; but they also check whether one has scars on their body. Someone who lives in the northern part of Kenya and has been looking after animals, obviously, has scars all over his body. There are small scars here and there. You get somebody who is fit, but because of scars, he is chased away. We should have an answer on that one as well.

Thank you, Mr. Speaker, Sir, for giving me the chance to ride on the statement by Sen. Mugo. With regard to the recruitment exercise, I would like to add onto what the Senator has said about the scars and cuttings on the body of the people that would have been recruited to be in KDF. The Turkana people do have cuts on their bodies. If I take off my shirt right now---

Order, Senator! Do not remove your clothes here.

You will, probably, run away or maybe get surprised that I have so many cuts on my body. Some of these cuts are traditional. We go through certain ceremonies and get those cuts. The military or whoever is recruiting should not bar our people from being recruited because they have those cuts on their bodies. This is part of the culture of many Kenyans. They should be aware of things like that and should not victimize people for having those cuts. More serious is the issue of discrimination during the recruitment exercise itself. I have received complaints from the Turkana people that they do not get their fair share of recruitment. We all know that every county in the country is given chance to recruit their youth to join KDF. However, in a county like Turkana, we have noted that some people are brought from other counties to be recruited because they give kitu kidogo. The many of our people are then left out because other people have taken their place after bribing. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I want to add to Sen. Mugo’s concern. My issue is that in Nyeri County, there was one particular area, Kieni West, where few people turned up for the recruitment. This was due to logistical problems. I do not know what happened. I wish that an assurance would be given that when a situation as that arises in any area, other methods should be used to see that as many youths as possible are recruited. That would, probably, involve leaders so as to make sure that their quota is not allocated to other people because of not making it to the venue of recruitment when they have genuine cases.

Thank you, Mr. Speaker, Sir. I would also like to ride on this statement. I find the requirement that one cannot get employment with KDF because she is pregnant discriminatory. I know that there is strenuous exercise that needs to be done, but why is it that a woman cannot get employment because she is pregnant? That kind of exclusion is discriminatory. What needs to happen is that KDF or anybody else, should come up with ways in which a pregnant woman does not get excluded from employment and livelihood. It is discriminatory and we need to find some answers to it. We should also find some innovative ways in which pregnant women can be given chance to be recruited into KDF.

Mr. Speaker, Sir, the question that I wanted to add on has been asked by Sen. Halake. I wanted to speak for the girl child, but she has done it and I am satisfied. I find that law---

Order!

Mr. Speaker, Sir, protect me from the men who do not like the girl child.

They seem to doubt you. Sit down Senator.

Mr. Speaker, Sir, my final point is that the Chairperson should explain to us the logic behind sending away the young girls who are found to be pregnant while leaving the young man who is responsible. Why should they send away the girl child alone? They should also send away the responsible young man, if he is there.

Mr. Speaker, Sir, we have been recruiting in the same way since Independence and even after Independence. Could the Chairperson find a way to have continuous recruitment which in modern sense does not discriminate anybody? To add on what Sen. (Prof.) Ekal said, some of those markings that he talked about indicate that one is a brave man. They should help in recruitment or make one to be recruited faster because the person has already shown that they are brave.

Hon. Senators, this is getting interesting, but we have to bring it to a close it. I will now call the Chairperson of the Committee on National Security, Defence and Foreign Relation to respond. The others can follow later.

Thank you, Mr. Speaker, Sir. I would like to respond to the statement and all the riders to that statement. Mr. Speaker, Sir, you should encourage The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Two weeks is granted.

Mr. Speaker, Sir, two weeks is far too long. The recruitment will be over and the girls will not be helped. So, we would like this answer to come quicker. There is nothing to go and look for. The commanders and the generals are there.

Mr. Speaker, Sir, apart from the fact that the military clearly is engaged in this exercise, because we want an answer from them not just from the ministry, the response will not change the policy that is currently being used. This is also not the last recruitment they are doing. This should enrich future recruitments as we move forward. This is because even if you get the answer today, it does not mean that it will make a change in the policy they have right now. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Sen. Seneta.

Thank you, Mr. Speaker, Sir. My question is already answered by the Chairperson.

I presume two weeks will be adequate, because just as the Chairperson has said, we may not change so much what is already going on. However, we will inform the other recruitments that will occur in future. Proceed, Sen. Kalonzo Jnr.

Mr. Speaker, Sir, it should be Kilonzo. Otherwise, you will expose me to many things.

This is a request for a statement on the delayed compensation for displaced persons during the construction of Manooni Dam in Makueni Constituency. In the statement, the Chairperson should:- (a) State the size of land acquired for the construction of the said dam; (b) State the total number of persons whose land was acquired to pave way for the construction of the said dam and the respective acreage acquired from each owner; (c) State the reasons that were given for the said acquisition and whether public consultations on the matter were undertaken; (d) Explain why the affected land owners are yet to be compensated to date. (e) Explain why the said dam has not been utilised for the benefit of the local communities since the construction; (f) Explain why the Ministry of Water and Irrigation has not allocated any funds for the desilting and expansion of the said dam. Thank you, Mr. Speaker, Sir.

Let us hear from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources or any Member of the Committee. The Senate Majority Leader, can you take a commitment. Where is the Chairperson?

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Mr. Speaker, Sir, I was talking to Sen. (Prof.) Ongeri here. We had something to confide in. Can he repeat the question?

Sen. Mwangi, this is the second time you are not paying attention to questions. Since it is on Hansard, can you provide an answer in the next two weeks?

Yes, Mr. Speaker, Sir. I can provide an answer in the next two weeks.

Order, hon. Members!

Hon. Senators, you are aware that the Committees of the Senate were constituted in December, 2017 and the elections of the positions of chairpersons and vice chairpersons were held in January, 2018. So, to equip Senators with the requisite information to effectively execute their mandate in Committees, the Senate leadership has organised a half day induction retreat for all committees of the Senate on cross-cutting topics, scheduled to be held at the New Stanley Hotel, Nairobi, tomorrow, Wednesday, 21st February, 2018, from 7.30 a.m. to 1.00 p.m. This will be followed by clustered induction retreats for respective committees commencing this weekend. Hon. Senators, due to the importance of this meeting, I direct that all committee meetings scheduled for the morning of Wednesday, 21st February, 2018, be suspended to allow all Senators to attend this half day retreat. I appeal to you to make time to attend and participate at this workshop. Thank you. VISITING DELEGATION FROM WEST POKOT COUNTY ASSEMBLY Hon. Senators, I wish to acknowledge the presence in the Speaker’s Gallery of Hon. Catherine Mukenyang’, the Speaker of the County Assembly of West Pokot.

The hon. Speaker and Members of the House Business Committee of the County Assembly of West Pokot are also visiting the Senate to benchmark on the best practices and procedures. So, hon. Senators, in our usual tradition, let us recognise and welcome Hon. Mukenyang’ and her delegation.

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Thank you,Mr. Speaker, Sir. I beg to move the Motion for the approval of the senate Calendar for the Second Session. Mr. Speaker, Sir, I believe that it is important for this House to come up with a Calendar so that we are properly organized in terms of our mandate. I believe it is a fairly straightforward Motion. I do not have to belabour so much on it. I would request Sen. Mutula Kilonzo Jnr. to second.

Deputy Senate Minority Leader, you have not moved the Motion. Can you move the Motion in the normal procedural way?

Thank you,Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Order 29(1), this House approves the SenateCalendar (Regular Sessions of the Senate) for the year 2018 (February to December, 2018), laid on the Table of the House on Tuesday, 20th February, 2018. Mr. Speaker, Sir, as I said earlier, it is fairly important for a House like this to have a Calendar and programme for the Session that we will have. I believe it is a fairly straightforward matter. I do not have to waste a lot of time on it. I hope the House will approve the Calendar as it is. I, therefore, request Sen. Mutula Kilonzo Jnr. to second.

Thank you, Mr. Speaker, Sir. I rise to second the Motion for the Calendar of the Second Session. For the Senators who have the Calendar with them, there is some consideration on some of the things we are doing from number one to ten, for example, the Devolution Conference in Kakamega County, Legislative Summit in May, consideration of the Budget Policy Statement (BPS), Division of Revenue Bill, County Allocation of Revenue Bill and the Cash Disbursement Schedule. The advice is that we will need the cooperation of 24 Senators to be present so that we can pass all these things that appear from number four to ten. We are all advised to be available, particularly for the Devolution Conference and the Legislative Summit. I hope that we will be sufficiently accommodated in Kakamega County to be able to participate in the first Devolution Conference of this Session.

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Thank you, Mr. Speaker, Sir, for giving me the opportunity to support this Bill and join the rest of my colleagues who have already spoken on it. A lot has been said that would increase our irrigation techniques, technology and the amount of land that will be under irrigation in various places of this country. I come from a county that has very good potential for irrigation. West Pokot County has sources of water on one end, especially on the higher levels of West Pokot County where there is plenty of water. However, the lower parts are dry but it is possible to do irrigation through the sources of water which are up in the highlands by way of gravity, downwards. That is the case in point.There have also been many irrigation schemes that have in the past failed. In this day and age, I would like to suggest that with modern technology and modern sources of power, with clean energy and the possibilities that we can study what other drier lands have successfully done, there should be no place in this country where hunger is experienced on account of drought or not being able to fulfill the food security issues in those counties. I know that in Turkana County, which is one of the driest counties, we have had irrigation schemes which have in the past been successful. The policy on irrigation ought to be for food security and exploiting whatever resources we have for the good of our people. Mr. Speaker, Sir, there is another sense in which northern Kenya which is popularly known for insecurity can turn into very secure areas by simply having an irrigation policy that targets those dry areas. We know that in Kenya, there is only a small area that is potentially good for agriculture and the rest is dry. It is for that reason that we should begin to support this policy development so that it is possible to have food security for our country. It is not good to hear that sometimes inKenya we have to wait for relief food to come from other counties. We have to be supplemented for food, yet there are individuals, for example, in Naivasha who have personally been able to successfully do irrigation on a large scale. If an individual can do these things individually and be successful, definitely, the Government can do better. With the resources that the Government has, enhancing what the counties get, we should be able to do these things in every county. Instead of increasing the national debt on account of things that may not even be of any returns to us, we should focus on taking loans on account of food security and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I also wish to join my colleagues in supporting the Irrigation Bill, Senate Bill No.5 of 2017. To some people, irrigation sounds like rocket science, yet it is something that has been applied by mankind for a long time. For those of us who went through the 8-4-4 Curriculum, we were exposed to the irrigation methods that the ancient Egyptians used which allowed them to produce a lot of food. I do recall in the study of History when Caesar was Emperor, Egypt used to be one of the greatest producers of corn and other grain products that would feed the Empire just because of irrigation. Mr. Speaker, Sir, it is important that we have an Irrigation Bill that brings about some order and synergizes the different initiatives that we have already put in place as far as this matter is concerned. If you look at Kenya, irrigation seems to be synonymous with certain areas, particularly the rice growing areas in Nyanza and Mwea. If you look at the great water mass that we have in this country, which is in Lake Victoria, there is very little that is happening around that area as far as irrigation is concerned. Sometime back, there were leaders who had come before us who argued that instead of us fighting over pumping oil from Turkana County – where my good brother with a lot of marks comes from – maybe we should think of pumping water from Lake Victoria so that we can feed all parts of this country and take care of the thirst for water, which this country has. Mr. Speaker, Sir, many people have said that the next frontier for conflict will not even be oil, but water. Indeed, in the last Parliament, I sat in the Committee on National Cohesion and Equal Opportunity. When we went to Northern Kenya, we realised that most of the conflicts that many people were experiencing there were as a result of water. We need, as a Parliament and as a Government, to find ways of unlocking the irrigation potential of the lake region so that farmers in that region can move away from rain-fed agriculture, which has disadvantaged them in many ways. The lake region is blessed with very fertile soils. In fact, it is one of the places where God, in his wisdom, decided to put the black cotton soil. But this soil sometimes The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to also join my colleagues in supporting the Irrigation Bill (Senate Bill No. 5 of 2017). I am quite happy that we have this Bill at this point, granted that we actually should have had The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you. Proceed, Sen. Olekina Ledama.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Irrigation Bill, 2017 albeit with some amendments. This Bill is timely and wants to repeal the Irrigation Act, Cap 387. Technology has evolved and given us various ways of using water efficiently to guarantee plant growth. Every year we have floods in Narok County where I come from. I would propose that this Bill be amended to include aspects on how we can harvest rain water so that we can use it for irrigation purposes. Mr. Deputy Speaker, Sir, I have noted in the engagements built in the Senate Bill Digest that a lot of powers have been given to the national Government. It begs the question as to why agriculture is devolved yet the decision on this Bill will heavily be made by the national Government. I think it is imperative that we look at the administrative structure to be really focused on the devolved government from the county levels. This is because it is where people on a daily basis are faced with big challenges such as drought. If we wait for The National Government to come up with policies for the entire structure of the National Irrigation Development Authority (NIDA) which the Bill proposes to set up, it will then The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof) Kindiki): Thank you Sen. Olekina. Indeed the remarks are few.

Mr. Deputy Speaker, Sir, I also rise to support this Bill and say that it is long overdue. There is a lot of arable land in our country, Kenya. However, the major challenge is that we have been relying on rain-fed agriculture. You do realise that with climate change, of late we are having very unpredictable seasons. For example, right now we are having a lot of drought and sometimes when there is rain there is a lot of flood water that comes to destroy the few crops that have been gown. In this case, if an irrigation Bill was already in place under proper policy, I think we would be able to harvest this water and use it in the proper manner. I realise that Kenya has been relying on this for a long time and this has forced our country to be searching for food elsewhere to feed its population. Secondly, agriculture has been our major backbone in the economy which has not only been feeding into the Gross Domestic Product (GDP) but also assisting in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof) Kindiki): Thank you Sen. (Dr.) Milgo. Let us have the Senator for Turkana, Charles Ekal Imana. ( Clerk-at- the- Table consulted with the Deputy Speaker )

Mr. Deputy Speaker, Sir, my names are Malachy Charles---

(Sen. (Prof) Kindiki): Order, Senator. Resume your seat. I am informed that you had spoken earlier to this Bill. If that is the case, put off your microphone. You cannot contribute on the same Bill twice. ( Sen. (Prof.) Ekal resumed his seat and

) I see no reason as to why your name should be appearing on my screen. Since I do not want to pursue that matter further, put off your microphone and wait for the next Order which you might participate in. I cannot see Sen. Linturi, Sen. (Eng.) Maina, Sen. Wambua of Kitui. Is he there? He is there but I cannot see him. Now, I see him. Sen. Wambua, you have the Floor.

Mr. Deputy Speaker, Sir, thank you for giving me the floor. I am surprised that I am so invincible. I stand in support of The Irrigation Bill, Senate Bill No. 5 of 2017. This Bill could not have come to the Floor of the House at a better time than this. Arising from rain failure in most parts of the country and especially the lower eastern region of Kenya, millions of Kenyans---

(Sen. (Prof.) Kindiki): Order! Order! Order, Senator for Turkana. You have just committed a very serious misdemeanour. It is a misdemeanour The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, this Bill could not have come to the floor of this House at a better time than this. Arising from massive rain failure in most parts of the country especially the lower eastern region of Kenya, millions of people are facing starvation. It would be good if this Bill, once debated and passed, would put in place proper policies that would deal with the most important issue in irrigation which is sustainability of the projects. Mr. Deputy Speaker, Sir, I talk about sustainability of irrigation projects because I come from Kitui County. In the year 2011, the Government of Kenya through the National Irrigation Board in collaboration with Moi University and the University of Alexandria initiated a mega irrigation project at a place called Wikithuki where 5,000 acres of land were put under irrigation. However, the project stalled and has collapsed only one or two seasons after the project had been started, simply because there were no proper mechanisms on the payment of electricity bills for the project. The collapse of that project went down with hundreds of billions of shillings, thus becoming another white elephant. Once this Bill goes through and becomes law, there should be proper policy guidelines on how to initiate and sustain these projects for the benefit of this country. It is common knowledge that for a country to be food secure and to fulfil constitutional provisions on the right to food, as a nation, we need to strategically invest in irrigation. Since, rain fed agriculture has failed this nation for so many times. I am just not talking about the Wikithuki irrigation project; the Kulalu-Galana Project comes to mind as well, a really good project that if implemented with proper policies perhaps sections of this country that are starving today would be food secure and even export surplus to other regions and other countries. In support of this Bill I propose that; as we think through irrigation schemes, we look at the possibility of pursuing the public-private partnerships to undertake some of these projects. Consequently, it is not only Government investing public resources in irrigation schemes, but it is also private institutions with proven expertise in food production that partner with government institutions and local communities to grow and produce food for this nation. I support. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Wambua. The last speaker on this order is going to be your geographical neighbour, Sen. Mutula Kilonzo Jnr. of Makueni.

Thank you, Mr. Deputy Speaker, Sir. You are also my neighbour from far, and I hope you can join us in the former eastern province. I rise to support this Bill. I have about seven comments to make. One, this Bill is timely, and I support the Senator for Nakuru for the contribution, particularly on the fact that this is a devolved function. I am not certain whether in drafting this Bill we have captured the idea. We might in the process create an executive body that is managing this function and at the same time, lose the function itself to National Government. I am also not certain - maybe the Majority Leader can confirm - whether this country has an irrigation policy. The irrigation policy ought to dictate what we need to do. Thirdly, the question of whether to irrigate or not to irrigate reminds me of Shakespeare: “To be or not to be, that is the question”. It is not because we lack water or rain; it is mismanagement of our water resources which includes forest. The Senator has mentioned that unless we can manage forests and water reservoirs, it appears we will not irrigate. The way we are cutting trees in Mau forest, we will not have water in the Mau river, upstream and downstream. I am glad that the new Cabinet Secretary, the former Director of Public Prosecutions, Mr. Keriako Tobiko, the first riot act he read is on forests, since we must conserve water to have irrigation. On the question of how to manage irrigation, I actually went to Sen. Murkomen’s County during the campaigns and discovered that they are doing one of the dams that the national Government is doing. One of the problems about all the irrigation schemes in Kenya is acquisition of land. We should have enough money to acquire land to do proper dams, unlike what is probably happening in your county, Mr. Speaker, where they are doing small water pans for Kshs3 million to Kshs4 million which is not helping. Mr. Speaker, Sir, somebody mentioned the Budget Policy Statement (BPS). One of the things that we have concern with in the BPS is that the national Government has issued a directive that they may start rationing water because the levels at Masinga and Sondu-Miriu dams have gone down. Is it possible that Kenya needs to find another method of generating electricity so that we can use that water for domestic consumption? Masinga Dam - I do not know where Sen. Wambua has gone – does not benefit the people of Kitui or Ukambani in general because there is no irrigation component. On Thwake Dam, the Kshs36 billion project the national Government is doing, we have insisted - even though we are aware that it is in the interest of Kenya to do hydro - the people of Makueni, Kitui and Machakos counties should benefit from the irrigation component which must be amongst the top first or second layers. These are the issues that this Bill ought to address. On capacity building, under Article 199, we ought to capacitate counties to do large irrigation projects. The project in Elgeyo Marakwet at some point must either be done by Governor Kipchumba Murkomen or somebody else.

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(Sen. (Prof.) Kindiki): Order! Sen. Mutula Kilonzo Jnr. Did I hear you talk of Governor Kipchumba Murkomen?

Mr. Deputy Speaker, Sir, I thought in the future - It is a good prayer – say five to ten years from now, if Sen. Kipchumba Murkomen aspires to be a Governor - he ought to have capacity to do the project that the national Government is doing in his county.

(Sen. (Prof.) Kindiki): Very well, but be aware of campaininging outside the official gazetted campaign period.

Thank you, Mr. Deputy Speaker, Sir. If I may continue, that would, in fact, anchor this function firmly at county government. There is another component that we must tackle and I am glad that Sen. Wambua mentioned it. It is called Public-Private Partnerships (PPPs). It is obvious that Makueni County cannot afford the Kshs36 billion project that is being done in Thwake. It is also obvious that Elgeyo Marakwet cannot do the Kshs24 billion project that is being done in its county, but it is possible under the constitution to do a PPP. Mr. Deputy Speaker, Sir, I want Sen. Murkomen to take note that the regulations on the PPPs on county governments have not come to the Senate. This is one of those methods of raising funds for counties so that they are able to do these projects whether it is Kshs10 billion or Kshs3 billion because, again, the three-year period for borrowing by counties has lapsed. I am told that the counties will begin to borrow. One of the things they are going to do is to enter into this sort of programme and grants so that they can do big projects. Our objective as a Senate is to ensure that counties can do these projects. There is a canal called the Yatta Canal Water Project which has not helped food security in Ukambani. I do not know whether we are analysing these issues, like funding of these projects. I am surprised that the project in Kitui which we were all proud of is stuck because it relies on electricity as opposed to many other methods of generating electricity that we can do. Lastly, Egypt is famous for the Aswan Dam which we learnt in primary school. It does not receive as much rain as we do. But as a desert, they are doing much better in agriculture than we are. I am glad that the Senator for Embu County, Sen. Ndwiga is here because he should know this better than I do because he was the Chairman of Tana-Athi Development Authority when we began Thwake Dam Project. The amount of funding available to do good jobs is something that we have refused to exploit. Legislators from the County Assemblies, National Assembly and the Senate are flying to Israel like nobody’s business to check on Agriculture and part of it is management of water. So, I propose, just like the Senator for Nakuru County has said, we must look into the national Government component in this Bill to see whether in the end, we will claw-back on the functions of water services by counties and whether we will get capacity. I would rather that we do this prospectively and say that, in future, this body that has been set up here will hand over capacity to all county governments. Sen. Murkomen was the Chairman of the standing Committee on Devolved Government when we sent all appeals by all counties on some of these functions. This was one function that he The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order! Sen. Mutula Kilonzo Jnr. I know you are finishing. All of us know that Sen. Murkomen is the great Majority Leader of this House, but you have used a strange word. You have said: “You are the true Majority Leader” Is there a false one?

Mr. Deputy Speaker, Sir, I am sorry for embellishing the words “true Majority Leader”. I meant to say that he has truly occupied his position as the true Majority Leader. I have always asked myself, without mentioning names, where is the Majority Leader of this House?

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr. Please conclude your debate.

Mr. Deputy Speaker, let me conclude by saying that we want to see this Bill signed into law so that we can truly be proud of the Majority Leader. Thank you.

(Sen. (Prof.) Kindiki): Thank you, Sen. Mutula Kilonzo Jnr. Order Senators. Mover, do you want to reply?

Thank you, Mr. Deputy Speaker, Sir. I want to thank all the Senators for their insightful contributions to this Bill. It is true that irrigation agriculture, particularly implementation of agriculture is a county function. As to why the national Government still does irrigation, the devil lies in the detail, particularly when it comes to how a Government can guarantee food security because the national Government’s responsibility is to ensure that there is food security in the country. Purposive interpretation of the Fourth Schedule of the Constitution would still give room to what Sen. Mutula Kilonzo Jnr. Said; that when it comes to counties, they have certain responsibilities that they can do, for example, most of the irrigation that we are saying should be done, it is now private work, more less facilitating private investors to do irrigation. It is not like a county government can go and till land, literally speaking The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Be careful!

Mr. Deputy Speaker, Sir, I am trying to demonstrate my knowledge of those areas in your county, where you have worked very hard. I saw you over the weekend launching a water project ---

(Sen. (Prof.) Kindiki): And doing other things!

Yes, and doing other things. But, more importantly, you were inspecting a water project. These are some of those things that we usually fight for our voters to get. At a small scale, I do not see why counties cannot prepare an irrigation system and facilitate it for communities at the local level on two or three acres of land. But where you are attracting an investor from other countries, the national Government plays a role to facilitate those investors to have a good investment environment to do what they are going to do and to recoup their investments. They can till one million acres of land and that means that the food prices for staple food, for example, maize, will be reduced. As such, you are able to remove the responsibility of farming in certain areas where there is no irrigation and maybe people can move to zero grazing of livestock, and so on, and so forth. So, the idea here is that there should be nothing suspicious when the national Government is involved in irrigation because it is not tilling the land and getting the benefits for itself. It is just facilitating either the local community or investors to do the irrigation projects. That is why this Bill recognizes situations where you are doing irrigation on a large scale and where the project is crossing counties, where you need to manage the water conservation. Mr. Deputy Speaker, Sir, if Sen. Mutula Kilonzo Jnr. had followed my speech when moving the Bill, I made it very clear that you cannot discuss irrigation without discussing water conservation. So, you are also going to deal with situations of upper and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senate Majority Leader.

I know the members of the ‘sky team’ in this House. Their past exploits have been used to attack them. The truth is that if you overfly this country, even if you are in a big aeroplane, you will realize that this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, the Senate Majority Leader. At least you are honest; the remarks are many. That marks the end of the debate on the Second Reading of Order No.9.

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

(Sen. (Prof.) Kindiki): What is it, Senate Majority Leader?

Mr. Deputy Speaker, Sir, there was an oversight on my part. I would like to request you that the question be put at another date to be appointed by you.

(Sen. (Prof.) Kindiki): Under what Standing Order are you rising? As the Senate Majority Leader, you should have crammed that Standing Order by now.

Mr. Deputy Speaker, Sir, my predecessor took about a year to cram that Standing Order.

(Sen. (Prof.) Kindiki): Then your predecessor is the true Senate Majority Leader.

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Mr. Deputy Speaker, Sir, it has taken me only about six or seven months to do so. It is under the Standing Order No.55(3).

(Sen. (Prof.) Kindiki): It is Standing Order No.54(3).

Mr. Deputy Speaker, Sir, it is Standing Order No.55(3). The Standing Order has changed. It was amended.

(Sen. (Prof.) Kindiki): So, they have changed?

Yes, Mr. Deputy Speaker, Sir. It is now under Standing Order 55(3).

(Sen. (Prof.) Kindiki): So, the new Senate Majority Leader has changed the Standing Orders. It is now Standing Order 55 (3). That is noted.

Order, Senators! I direct that Order No.10 be dropped by consensus with the Mover and the relevant Senate Committee of this House.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that The Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017) be read a Second Time. Mr. Deputy Speaker, Sir, this is a straightforward Bill. It is simple and brings amendments to the Urban Areas and Cities Act. I had the occasion to interact a little bit with the Technical Committee of the Summit which worked on this Bill. However, I have a lot of reservations on it which can only be addressed by the Standing Committee on Devolved Government and Intergovernmental Relations. The Bill has already been referred to them and I hope they will take on board the concerns of all other stakeholders. This Bill creates boundaries, urban areas and cities structure. At the top of that structure, is the Cabinet Secretary (CS) who is responsible for the matters related to devolution. If you read the original Bill, there is a definition of what qualifies to be urban areas, cities and the number of people who should reside there. That is provided for in the Urban Areas and Cities Act. An Ad Hoc Committee will be established from time to time The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Be a bit diplomatic.

It is not just about human waste, but if you go to Burma Market, for example, where they sell meat, you will find that all the things they use to wrap the meat, they leave them there. The traders who bring cabbages from Nyandarua to Nairobi also dump the leaves of the cabbages and other waste products here. Everybody comes, does his business here during the day and goes back to his county where they live. Now, Gov. Mike Sonko, Sen. Sakaja and all the team that manages Nairobi will have to carry that burden which is initiated by, for example, the people who come all the way from Sen. Pareno’s place in Kajiado with their cows and goats to sell in Dagoretti. They dump their waste products here and go back to their respective counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Senate Majority Leader, resume your seat. The Chair was not so clear whether you are moving this Bill or opposing it. Eventually, you have claimed that you are moving it. We will grant you that. On the other hand, we have noted some considerable institutional memory around the issues the Bill is raising, except that you could not remember the members of the task force except for Prof. Winnie Mitullah. Be that as it may, the Bill is now moved. I now ask the Senate Majority Whip, Sen. Susan Kihika, to second.

Thank you, Mr. Deputy Speaker, Sir. I rise to second the Urban Areas and Cities (Amendment) Bill, Senate Bill No. 4 of 2017). As I second the Bill, I would briefly like to add that there is definitely need to amend the existing Bill as the urban areas and cities continue to have an increased population and as the counties continue to settle in and probably need more structures as they set up the areas and as they continue to provide services to the masses. I also take the opportunity to point out a few things that will be great if the relevant Committee, which is the Committee on Devolution and Intergovernmental Relations, will consider as the Bill goes through the process. I question why we would be reducing the population instead of increasing because the populations of these areas continue to grow. For example, in the current Act, a city’s population is at 500,000 people. So, when I look at the amendment, the intention is to get the population to 250,000. By halving that population, it makes it seem that almost every place or town then becomes a city. The cost implication is that we will then have a management board that will require salaries and sitting allowances in counties that are already extremely overstretched financially. When you talk of a town of just about 10,000 people, I would even think that we should be increasing the population and not reducing it. Obviously, I am cognizant of the fact that with devolution, we want to reach to the smallest unit and maybe that is what is informing the reduction in the population. However, at the same time, the wage bill in the country has become a big concern. I have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

.: Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill with as many caveats as introduced by the Mover whom, Mr. Deputy Speaker, you thought was opposing because of the many caveats that he issued. Many things in this Bill worry me because I thought that the criteria for considering population would be to improve services. In fact, the criteria for classifying an area as a city is that it has a city development plan, capacity to generate revenue, a good system of records, capacity to deliver essential services, institutionalised active participation by its residents, and infrastructural facilities including but not limited to roads, street lighting, markets, fire stations and adequate capacity for disaster management. If we were to follow these criteria strictly, Nairobi does not even meet the criteria of being a city. We have a history of fire stations and extinguishers running out of money. Requirement “H” states that- has a capacity for a functional and effective waste disposal. Nairobi City does not have that. In fact, in areas where we live, they are disposing the waste into Kirichwa Kubwa River. We should look at the criteria for markets, for example, and a town population; demonstrable economic, functional and financial viability, existence of integrated development plan in accordance with the Act and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I thank you for giving me the opportunity to comment on this Bill. I do not know whether to support or oppose it because the Mover and the seconder have cast doubts on the Bill.They are not quite clear what it should be or what direction we should take. They have not provided this House with a clear reason this Bill is on the Floor of the House. Nevertheless, from my previous experience as the Minister for Local Government and having been in other organizations that have managed the cities and urban centres, the philosophy behind the urbanization of any given area, making it either an urban centre, market centre, or for that matter a municipality or town, is to decentralize services that hitherto have not reached the population at that level. One of the fundamentals that we all agreed upon during the negotiations for devolution is being able to transfer not only the structure, like we are trying to do through this Bill, but that structure must be accompanied with both human and financial resources to create equity in the way the national resources are being spent for the rest of the population of Kenya. Granted, Nairobi generates 60 percent of our GDP. One of the reasons we say that this is skewed up is that we should enable our rural towns to contribute decently towards the national GDP. Therefore, the GDP will have a direct impact on the populations of the people staying in that rural level. That was a concept of rural-urban settlement schemes or programmes. You have cited London City where I have lived with nostalgia. But it is a city with equally immense problems. You have cited Beijing. In fact, what you see in Beijing is a cloud of air full of smog. You can hardly survive there because of industrial pollution. These are not the kind of towns and cities we want to create for our populations in this country. We want to create towns and cities that have clean air, good sanitation and social services that would normally drive our people to come to the main City of Nairobi and other rural cities in search of job opportunities and clean facilities. They leave home thus congesting these towns and cities as we see them today. My concept of wanting to support this Bill will be basically hinged on the understanding that as we do so, we will be devolving resources to county governments so that they can pass on these benefits to our rural populations. I would like to see a small village where I grew up many years ago enjoying the kind of facilities, not to the same level as Nairobi City, but to see them having piped water, tarmac roads, street lights - not just one occasional light, accessible health facilities, Early Childhood Development (ECD) facilities, decent primary schools and security where they are staying. These are elements that add to good governance where there is a market, an urban centre, a town or municipality. There should be provision of water since it is life. Without water, it will be very difficult for any population to even appreciate that we are in leadership. Hon. Senators, you will all agree with me that one of the biggest problems we have in the rural area is that we are not able to provide anything for the people we represent here. We are not able The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Than you, Prof. Ongeri. Let us have Sen. Judith Pareno.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill and the amendments that I have had a chance to look at. I am not going to be as hesitant as the Mover. I am convinced that this Bill is well intentioned and having looked at some of its provisions, they are meant to ensure that we effect the provisions of the Constitution in as far as devolution is concerned. Mr. Deputy Speaker, Sir. I am convinced that if a few issues of this Bill are thrashed out, as it has been indicated by the mover and the seconder, it will be a Bill that can devolve some of these services that the citizens have been looking for. I looked at Section 6 of this Bill and it indicates that you have to meet certain criteria. It is not just in this section, in other sections the same applies to creation of towns, urban centres and municipalities. For you to qualify to have that municipality, urban centre or a market, it means you have to meet certain criteria for you to be able to designate these particular areas as either an urban area, a market or a city. So, it goes down to indicate that the objective of this Bill is to amend the Urban Areas and Cities (Amendment) Act, 2017 to provide for devolution of these services to

so that you do not talk of a city without its attendant services. You cannot talk of a market, municipality or upgrading a certain region to a city or a municipality without providing the services that we require. An example is the Economic Processing Zones (EPZ); the economic zones that we have created, not only in this country, but in other countries in the East African Community (EAC). Look at the EPZ which is located in Kitengela, just by focussing, creating a zone and designating that zone as an area of development, in itself increases the population and services. At one point we visited this EPZ as the East African Legislative Assembly and this visit revealed that we have approximately 7,500 employees at any one day in that particular economic zone. So, if we create certain areas and zones and call them processing zones, market zones, a city or a municipality, the aim and intention is one; to create employment and take services to the people. However, as we do this, then we should have the necessary accompanying resources for us to have these cities or urban centres running. So, I think that this Bill is well intentioned because it is meant to devolve these services for citizens to improve their livelihoods. We can, therefore, improve on it and iron out a few areas here and there. Mr. Deputy Speaker, Sir, on the issue of population, we cannot be complaining that our cities are overpopulated. We complain that we are crowded in Nairobi County, but we are afraid to create other cities or municipalities that will decongest this already congested area. We are so congested that we lack water. The little water that is there is not enough for us, and the services that are there are not enough for us. So, we should not shy away from creating such zones, markets and municipalities so that we decongest the services and the cities that are already congested. So, I think that the objective of this Bill is good and we only need to support it. There was a time for us in the Rift Valley when the nearest Provincial Headquarters where you would get certain services was in Nakuru. So, you would have to come all the way from Kajiado, cross over to Nairobi County and reach Nakuru for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well. Senators, for the convenience of the Senate, we should adjourn at this juncture. I direct that the Bill, under Order No. 11, be placed in tomorrow’s Order Paper as requested by the sponsor of the Bill.

(Sen. (Prof.) Kindiki): Hon. Senators, it is now time to adjourn the House. The Senate stands adjourned until tomorrow, Wednesday, 21st February, 2018 at 2.30 p.m. The Senate rose at 6.15 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.