Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order 41 (3) and (4), I received the following Message from the Speaker of the National Assembly, on 22nd February, 2018, regarding the approval, by the National Assembly, of Members to the Parliamentary Service Commission- “PURSUANT to the provisions of Standing Orders 41 (1) of the National Assembly Standing Orders, I hereby transmit a Message to the Senate that, in accordance with the provisions of Article 127 (2) of the Constitution, by a resolution passed on Thursday, 22nd February, 2018, the National Assembly approved the appointment of the following Members to the Parliamentary Service Commission-

(i) The Hon. Naomi Shabaan, EGH, MP. (ii) The Hon. Adan Keynan, CBS, MP. (iii) Sen. the Hon. Beth Mugo, EGH, MP. (iv) Sen. the Hon. Aaron Cheruiyot, MP.

(i) The Hon. Ben Momanyi, MP. (ii) The Hon. Aisha Jumwa, MP. (iii) Sen. the Hon. George Khaniri, MGH, MP. NOW THEREFORE, in accordance with the said provisions of the Standing Orders, I hereby convey the aforementioned resolution of the National Assembly and invite the Senate to also consider the Members for appointment to the Parliamentary Service Commission.” 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 lay the following Report on the Table of the Senate, today, Tuesday, 27th February 2018:- Report of the Standing Committee on Finance and Budget on the 2018 Budget Policy Statement.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Section 25(7) of the Public Finance Management Act and Standing Order 174(7) of the Senate, this House adopts the Report of the Standing Committee on Finance and Budget on the 2018 Budget Policy Statement, laid on the Table of the Senate on Tuesday, 27th February, 2018. APPOINTMENT OF MEMBERS TO THE PARLIAMENTARY SERVICE COMMISSION

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to the provisions of Article 127(2) of the Constitution, the Senate approves the appointment of the following Members to the Parliamentary Service Commission-

(1) The Hon. Naomi Shabaan, EGH, M.P. (2) The Hon. Adan Keynan, CBS, M.P. (3) Sen. Beth Mugo, EGH, M.P. 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, pursuant to Standing OrderNo.46 (2)(b) I stand to seek a statement from the Chairperson of the Standing Committee on Education regarding the publication and distribution of books and other educational materials to public primary and secondary schools.

What is your point of order, the Senate Majority Leader?

Mr. Speaker, Sir, I did not mean to interrupt the hon. Senator. However, there is something that I should have raised immediately after the Notices of Motion. You need to communicate from your Chair because many people confuse two things in this House. One, the Standing Orders allow the Whip of a political party to pick any other Senator to vote in a committee election on behalf of any other Senator that they choose. However, that is not to be confused with a vote by delegation; meaning that in a delegation of Nairobi City County that is comprised by about seven people, the elected Senator can delegate any other person to vote on their behalf on Motions and Bills in this House. The problem is that because Members only went through the elections of committees and another person was designated, there is a confusion that you can designate anybody in this House to vote on your behalf. Mr. Speaker, Sir, that communication must be made for the purpose of clarity, particularly to the new Senators.

What is your point of order?

Mr. Speaker, Sir, I am raising this issue in my capacity as the Senate Majority Leader because Senators on both sides have been approaching me saying, “If there is a vote, I have left Senator so-and-so to vote on my behalf” yet that Senator is from another county. It is important that this is brought to your attention and the attention of the House so that proper communication is conveyed.

Please, proceed, Sen. (Dr.) Milgo.

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, pursuant to Standing Order No.46 (2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Education regarding the publication and distribution of books and other educational materials to public primary and secondary schools. In the Statement, the Chairperson should: (1) Explain the process of application and distribution of books and other educational materials to public primary and secondary schools under the Free Basic Education Programme. (2) Explain the roles of the following institutions in the publication and distribution of books and other educational materials (a) The Kenya Literature Bureau (KLB); (b) The Kenya Institute of Education (KIE); (c) The Kenya Schools Equipment Scheme(KSES); (d) The Jomo Kenyatta Foundation (JKF); and (e) The Heads of Public Primary and Secondary Schools (HPPSS) (3) State the total budgetary allocation to the free basic education programme since 2003 and indicate the corresponding budgetary allocation to KLB, KIE, KSES, JKF and all public schools from application to distribution of books and other educational materials. (4) State the books and other learning materials to pupils’ ratio since the commencement of the free basic education programme. (5) Explain how the curriculum development links to the publication and distribution of books and other educational materials to public schools, especially on the frequency of changes to the curriculum development. (6)Lastly, explain the initiatives and strategies the Ministry of Education is pursuing to integrate Information, Communication and Technology (ICT) in the publication and distribution of books and other education materials to public schools. Thank you.

Mr. Speaker, Sir, on behalf of the Membership of the Standing Committee on Education, I undertake to give a comprehensive answer in two weeks.

Sen. (Dr.) Milgo, is that okay with you?

Mr. Speaker, Sir, it is okay. I have one more Statement.

Proceed.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 46 (2) (b), I rise to seek a Statement from the Chairperson, Standing Committee on Education, on registration of schools and inadequate school facilities in primary and secondary schools in the country. In the Statement, the Chairperson should:- (a) State the criteria used to approve primary and secondary schools for registration and operation. (b) Explain why some schools have been in operation without the requisite approval for registration and operation. 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

Order Senator. Seemingly, we do not have the Statement with us. So, approach the Chair so that we can sort it out and I will allow you to proceed.

Thank you, Mr. Speaker, Sir. I am advised. STATUS OF WOMEN AND GIRLS HELD IN PRISONS AND REMAND FACILITIES IN KENYA

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 46 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations, regarding the status of women and girls held in prisons and remand facilities in Kenya. In the Statement, the Chairperson should:- (1) Provide the statistics on women and girls held in prisons and remand facilities countrywide. (2) State the capacity of these facilities vis-à-vis the number of women and girls held or detained therein. (3) State the number of trained personnel manning these facilities and whether they are sufficient to guarantee the safety and security of the detainees. (4) Explain what the Government is doing to ensure women and children who are held in custody or imprisoned enjoy the rights and fundamental freedoms in line with Article 51 of the Constitution of Kenya. (5) Outline the measures that have been put in place to ensure the safety and security of women and girls held in correctional facilities. Thank you.

The Chairperson, National Security, Defence and Foreign Relations.

Thank you, Mr. Speaker, Sir. Since this question is heavy; involving all the prison facilities in the country, I will require four weeks to respond to it.

Mr. Speaker, Sir, it is okay. AUCTIONING OF CATTLE OF KENYAN HERDERS BY THE TANZANIAN GOVERNMENT

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 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 auctioning of the 1,325 heads of cattle belonging to the Kenyans herders, by the Tanzanian Government. In the Statement, the Chairperson should:- (1) Explain why the Government of Tanzania in October 2017, arrested Kenyan herders and seized over 1,325 heads of cattle along the Kenya/Tanzania border. 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, we are all aware that besides the cattle, there are chickens and eggs which were destroyed in Tanzania. However, the good news is that His Excellency the President Uhuru Kenyatta and President John Magufuli met in Kamplala and there was an indication that the two Ministers of Foreign Affairs would be dealing with this issue. So, in view of that, we will try in three weeks’ time to give the Statements required.

Mr. Speaker, Sir, I did not hear within what period the issue is going to be addressed. We need to be precise.

Mr. Speaker, Sir, I said that we will try within three weeks.

Mr. Speaker, Sir, that is reasonable considering the magnitude of the matter that we are handling. Since it involves two partner states, we can wait for three weeks and get proper handling of the situation. It is also important to note that all the animals that were sold left these families without any livelihood whatsoever. In fact, we are informed that the children have dropped out of school because of lack of school fees and, therefore, we need to know how we are going to address this. The three weeks would be sufficient for us to address it properly. COMPENSATION TO PERSONS DISPLACED BY THE SGR PROJECT

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 46 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Land, Environment and Natural Resources, regarding compensation to persons displaced from their land to pave way for the construction of the Standard Gauge Railway (SGR). In the Statement, the Chairperson should state:- (1) The number of people displaced by the SGR in Sectors zero to 20 in Mombasa County. 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. This Statement is important to have been brought before this House. However, I will respond to the Statement in two weeks’ time as I need to seek answers from the involved Ministries. It is true that these people need to be compensated.

Is that okay with you?

It is okay, Mr. Speaker, Sir. PROVISION OF WATER SERVICES TO KITENGELA TOWNSHIP AND ITS ENVIRONS

Mr. Speaker, Sir, pursuant to Standing Order No. 46(2)(b), I rise to seek a Statement from the Committee on Lands, Environment and Natural Resources on the provision of water services to Kitengela Township and its environs. In the Statement, the Chairperson should:- (1) State whether the Government is aware that Kitengela Township and its environs are hit by water shortages? This shortage has rendered living in Kitengela and its environs unbearable, given that water plays a key role in the nation’s economy as a resource for consumption, energy generation, agricultural development, industrial growth, livestock and tourism, among many other uses. (2) State which water and sewerage company is mandated to provide water services to Kitengela and its environs; confirm whether this company provides water directly or through intermediaries; and, who the intermediaries are? (3) Explain why the Export Processing Zone Authority (EPZA) is the company that sells water to the residents of Kitengela and its environs? (4) Outline the measures that the Government has put in place to ensure that adequate clean water is provided to the residents of Kitengela and its environs? Thank you, Mr. Speaker, Sir.

Could we hear from the Chairperson of the Committee on Lands, Environment and Natural Resources?

Mr. Speaker, Sir, this is another important Statement being sought. Kitengela is a dry area and it requires to be served with adequate supply of water. However, I cannot answer the question right now because I will need to consult the relevant ministry; the Ministry of Water and Irrigation. We should give an answer in two weeks.

Is that okay, Sen. Seneta?

That is okay, Mr. Speaker, Sir. 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

Proceed with the next Statement. CLIMATE CHANGE AND ITS EFFECTS ON PASTORALISTS AND LIVESTOCK

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 46(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Agriculture, Livestock and Fisheries on climate change and its effects on pastoralists and livestock. In the Statement, the Chairperson should:- (1) State whether the Government is aware that as a result of global climate change, a chronic drought situation has developed that has constantly led to lack of water for both household and livestock use?This has diminished livestock pasture, productivity, led to inadequate human food, loss of livestock, hence loss of livelihood for the pastoral community. (2) Explain why the Government stopped the livestock offtake program that enabled buying of animals during periods of drought by the Kenya Meat Commission (KMC) and whether there are plans to reinstate and upscale the program? (3) Explain why the Government has not taken any policy measures to permanently address the problem of lack of pasture, including but not limited to providing seeds, grass and other inputs; planning and harvesting equipment in addition to enhancing capacity building on pasture production and conservation in the Arid and Semi-Arid Lands (ASAL) counties? (4) State whether the Government could, in the short run, consider providing funds to livestock farmers to restock after the drought as a mitigation measure? (5) Explain what the Government research institutions like the Kenya Agricultural and Livestock Research Organisation (KALRO) are doing, as part of their mandate to come up with innovative ways of improving feed availability throughout the year, especially during the dry season and coming up with well suited fodder for the different production systems? (6) Explain what the Government and its agencies like the National Drought Management Authority (NDMA) – which is mandated to establish mechanisms to ensure that drought does not result in emergencies and that the impact of climate change are sufficiently mitigated if done – have done to redeem the situation? (7) Explain why the Government has constantly focused on intervention measures during disasters – which are usually expensive and unsustainable – instead of enhancing community capacity towards preparedness, which can provide a long term solution to the effects of drought? (8) Lastly, explain why the Government cannot facilitate the ASAL counties, especially on strategic livestock food reserves in order to promote livestock food security in these counties, like is the case with the strategic human food reserves? Thank you, Mr. Speaker, Sir. 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

Could we hear from the Chairperson of the Committee on Agriculture, Livestock and Fisheries? If he is not there, could we hear from the Deputy Chairperson?

Thank you, Mr. Speaker, Sir. On behalf of the Committee on Agriculture, Livestock and Fisheries and my Chairperson, I undertake to give the response to the Statement by Sen. Seneta in the next three weeks.

Is that okay?

Mr. Speaker, Sir, looking at the situation of our people from the affected counties, this is an urgent matter that needs both short and long term strategies. I, therefore, expect the Committee to undertake this as urgently as possible for us to get ways of assisting our people.

Senator, I thought that you are a Member from one of the affected counties and, thus, you will seize that opportunity to expedite an answer for your people to be saved from the drought? So, can you give an answer that will be acceptable?

Thank you, Mr. Speaker, Sir. I appreciate the Statement by Sen. Seneta. We undertake to do all that is possible to respond to the issues contained in the Statement in the next two weeks.

Is two weeks okay?

It is okay, Mr. Speaker, Sir. ALLEGED DISCOVERY OF GAS IN KIPETO VILLAGE IN KAJIADO COUNTY

Mr. Speaker, Sir, pursuant to Standing Order No. 46(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Energy regarding the alleged discovery of gas in Kipeto Village, Keekonyokie ward in Kajiado West Constituency, Kajiado County. In the statement, the Chairperson should:- (1) State the type of gas that was discovered in Kipeto Village, Keekonyokie ward in Kajiado West Constituency, Kajiado County in 2017? (2) Explain the measures that the Government took upon the report being made of the discovery of the gas; and, (3) Table a report on the findings on the preliminary examination on the gas. Thank you, Mr. Speaker, Sir.

Chairperson, Standing Committee on Energy.

Thank you, Mr. Speaker, Sir. The request is well appreciated. This gas was discovered recently. I undertake to contact the Ministry of Energy and Petroleum and come back with an answer within a fortnight.

Sen. Mpaayei, is that okay?

You are not on record. 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 okay, Mr. Speaker, Sir.

Yes, Sen. Cherargei. ONGOING RECRUITMENT EXERCISE BY KDF

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 46 (2) (b) to seek a statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations regarding the ongoing recruitment by the Kenya Defence Forces (KDF). In the Statement, the Chairperson should:- (1) Explain the recruitment policy by the KDF in the ongoing recruitment exercise, indicating the criteria used to identify eligible recruits in various recruitment centres. (2) Explain why youth from various wards were turned away from recruitment centres because their identity cards indicated that they hail from different wards from the centres where the process was taking place and especially in the following two incidences: (a) why the youths from Chemelil/Chemase Ward, in Tinderet Sub-County were turned away from Maraba recruitment centre because their identity cards indicated Aldai Division in Aldai Sub-County, Nandi County. (b) why youths from Kapsimotwa Ward in Tinderet Sub-County were also turned away from Maraba recruitment centre because their identity cards indicated Nandi Hills Ward in Nandi Hills Sub-County, Nandi County. (3) State whether the KDF is considering reforming this discriminatory practice in their recruitment process. Thank you, Mr. Speaker, Sir.

Chairperson, Standing Committee on National Security, Defence and Foreign Relations.

Thank you, Mr. Speaker, Sir. As far as the requirements in the recruitment are concerned, they are all over the newspapers. On the question of the youths being turned away from many stations or two stations, I will attempt to give the answer to the statement in a week’s time.

Is that okay?

Yes, Mr. Speaker, Sir.

Proceed, Sen. Halake. Since she is not here, we will defer her request for a statement. Yes, Sen. Mwaruma.

Thank you, Mr. Speaker, Sir. Before I request for this statement, I would like indicate that I wanted to ride on Sen. Faki’s Statement, but when placed a request you did not give me that opportunity.

Sen. Mwaruma, it is already late.

Okay, Mr. Speaker, Sir. I will request a statement because the issue of compensation by the Standard Gauge Railway (SGR) also concerns Taita-Taveta County. 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 rise pursuant to Standing Order 46 (2) (b) to seek a statement from the Chairperson of the Standing Committee on Tourism, Trade and Industrialisation on the relocation of 21 elephants from Laikipia to Tsavo National Park by the Kenya Wildlife Services (KWS). In the statement, the Chairperson should:- (a) state the current population of elephants in Tsavo National Park, the capacity of the park and explain whether the park has the capacity to sustain more elephants; (b) explain the rationale behind the ongoing relocation of excess elephants to Tsavo National Park wherever there is overpopulation in other areas, for instance, in 2011, there was relocation of elephants from Mwaluganje in Kwale and now from Solio Ranch in Laikipia County; (c) explain the measures the Government has put in place to mitigate the effects of human-wildlife conflict in Taita Taveta given that KWS and the Government are still overpopulating the Tsavo National Park; (d) table the total value of claims, their nature and the compensation awarded to residents of Taita-Taveta over the last five years due to death, injury of persons and destruction of property and crops by wild animals; (e) explain if the Government plans to relocate any elephants from Tsavo National Park in Taita-Taveta County to other national parks and game reserves given that Tsavo National Park in Taita-Taveta County is already overpopulated. Thank you, Mr. Speaker, Sir.

Chairperson, Standing Committee on Tourism, Trade and Industrialisation.

Mr. Speaker, Sir, we undertake to give an answer in two weeks’ time.

Is that okay?

Mr. Speaker, Sir, two weeks is too long a time, given that the process will begin anytime and already, the people of Taita-Taveta County feel that this is a systematic way by the establishment to continue marginalising them. I wanted to request for this statement last week, but I did not get that opportunity. If I can get the statement on Tuesday, I will be happy. As a request, I would want the Chairperson to write to the Cabinet Secretary, Ministry of Tourism to halt that process until public participation has taken place. This is because the CS was in Laikipia and talked to the people there. He massaged their egos and pampered them by saying that now that there is human-wildlife conflict, they can relocate the elephants to Taita-Taveta County without having public participation with the people of Taita Taveta County. I expect to get some response by Tuesday.

Yes, Chairperson.

Mr. Speaker, Sir, luckily the Senator for Taita-Taveta County is a Member of the Committee. If he says that we should work within one week, then I would 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

Okay. Proceed, Sen. Outa. ALLEGED KILLING OF DEMONSTRATORS IN AHERO TOWN, KISUMU COUNTY

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order 46 (2) (b) to seek a statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relation on the killing of innocent demonstrators in Ahero Town, in Kisumu County, on Tuesday, 6th February, 2018. In the statement, the Chairperson should:- (1) State the National Police Service policy and legal framework regulating the use of force by police and explain why police officers resorted to unjustifiable extrajudicial killing of innocent demonstrators in Ahero Town, Kisumu County; (2) State the number of casualties indicating the number of persons dead and those that were injured in Ahero Town during the incident. (3) State the measures taken by the Independent Policing Oversight Authority (IPOA) to ensure justice is served to the victims of police brutality.

Chairperson, National Security, Defence and Foreign Relations.

Thank you, Mr. Speaker, Sir. I will endeavour to answer it in a week’s time.

Is that okay, Sen. Outa?

It is okay, Mr. Speaker, Sir. CONSTRUCTION OF APARTMENT BLOCK ON THE NAIROBI RIVER BANK ALONG RIVERSIDE

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.46 (2)(b), I rise to seek a Statement from the Chairperson, Standing Committee on Land, Environment and Natural Resources on the construction of a 15 storey apartment block on the Nairobi River Bank along Riverside. In the statement, the Chairperson should:- (1) State the law regulating construction of buildings and explain the process followed before approval is granted to commence construction of buildings in Nairobi, particularly in Riverside Estate. (2) State whether an environmental impact assessment was carried out and table approval of the development projects from all relevant agencies. (3) State whether the Government will stop the project and take action to restore the environment and protect the residents of the area from environmental pollution. 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

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

What is your point of order, Senate Majority Leader?

I am not a fan of riding on statements, but allow me to ride on this one. We have a major problem in Nairobi with regard to construction of buildings. I would like to ask the Committee, as they look into these questions, to give assurance to all investors in Nairobi, particularly those who are investing in homes that their investments are safe. There is a long term policy in Nairobi County in so far asresidential areas and the type of houses allowed in a particular area, so that someone does not invest in an expensive house, say Kshs100 million with a swimming pool and then next door, someone erects a five or ten storey building that renders his investment useless. Mr. Speaker, Sir, since we have a new Governor in Nairobi County, I suggest this question should not be answered by the Ministry that deals with policy, but we direct it to Nairobi County Government which deals with implementation, gives permits and licences for conversion of properties from residential to commercial. My concern is that the Committee should not just look at the environmental impact assessment, but look further in the question of settling the whole idea about planning, even if it requires incorporating another Committee to assist them. This Committee is the same one involved with land and planning matters. The Committee, therefore, instead of writing to the Cabinet Secretary in charge of policy matters, it should invite the Cabinet Secretary in charge of Devolution and Planning, the Governor of Nairobi and all departments concerned with planning and give assurance to investors and people living in Nairobi that their homes and property are safe and within the law.

Mr. Speaker, Sir, with your permission, I would like to table the architectural drawing of the building and all the contacts to make it easy for the committee that will be investigating this matter.

Mr. Speaker, Sir, I will give an answer in two weeks’ time. I will include answers to the questions asked by the Senate Majority Leader. There is town planning department within the County Government of Nairobi. In the old days, in places like Karen, one could not be allowed to build a house in less than five acres of land. It came down to two and a half acres and later on, to one acre. In many areas, today, it has gone down further to half an acre. These are questions that should be dealt with although in most areas in Nairobi, the town planning department within the county government does not allow building of houses within a small area that has not been allowed by the planning department.

On a point order, Mr. Speaker, Sir.

Sen. Outa, what is your intervention? 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 might be hearing something else, but I find it really hard to follow the proceedings in the House because of the noise from outside. In future, if there will be these kind of events across the road, will there be a way that they can control the noise because as we sit here, instead of listening to the proceedings, I am dancing?

Unless you are dancing while sitting down.

Mr. Speaker, Sir, there are a number of ways of dancing.

We acknowledge the inconvenience, but this is due to the World Cup. I am sure that it will not happen until after four years. Let us accept it for now. ALLEGED MURDER OF MS. MARY NATEMBEA BY HER HUSBAND

Thank you, Mr. Speaker, Sir, for giving me the opportunity. 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 Relations on the murder of Ms. Mary Natembea, allegedly by her husband, on 14th February, 2018. In the statement, the Chairperson should:- (1) Explain the circumstances surrounding the murder of Ms. Mary Natembea who was expectant and allegedly killed by her husband on 14th February, 2018 at their home in Lumakanda Ward, Lugari Constituency, Kakamega County, in violation of Article 26 (1) and (3) of the Constitution. (2) Explain the efforts the Government has put in place to ensure that the murderer is apprehended and charged accordingly. (3) Explain the measure that the Government has put in place to deal with the rising cases of Gender Based Violence (GBV) in Kenya that have resulted in deaths and maiming of persons, especially women, over the last few months. (4) Explain the measures that the Government has put in place to ensure that the interests of children who belong to such families that are faced with GBV are taken care of as per Article 53(2) of the Constitution, including, but not limited to, provisions of psychological, counseling and basic needs. Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I will respond to it in two weeks’ time. It is the same office which I expect to give us the answers.

Sen. (Dr.) Musuruve, is two weeks okay with you?

That is okay, Mr. Speaker, Sir, if a thorough investigation will be done concerning Ms. Mary Natembea for justice to prevail. 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 stand pursuant to Standing Order No.46(2)(b) to seek a statement from the Chairperson, Standing Committee on Lands, Environment and Natural Resources on the invasion by illegal settlers and illegal sub- division of the Kenya Agricultural and Livestock Research Organisation (KALRO) land. In the Statement, the Chairperson should: (1) Give the total acreage of the KARLO land in Bachuma in Taita-Taveta County. (2) State whether KARLO has a title deed for the land in Bachuma and all other lands owned by KARLO in Kenya. (3) Explain the Government policy on registration, issuance of title deeds to land held by Government agencies and the process of transferring such land to individuals. (4) Explain why Kwale County Government allegedly hired a private surveyor to subdivide the Bachuma KARLO land. (5) Table a list of beneficiaries of the land after it was subdivided. (6) State the measures that the Government will take to restore the land at Bachuma to KARLO.

The Chairperson of the Standing Committee on Land, Environment and Natural Resources, please, respond.

Mr. Speaker, Sir, it is a bit unfortunate that the questioner is a Member of the Committee. He and other Members will work on this matter and give a report in three weeks because he knows how the Committee is placed in terms of the business that we have.

Senator, is that okay?

Mr. Speaker, Sir, most obliged. DIVISION OF REVENUE OBTAINED FROM MINING IN TAITA-TAVETA COUNTY

Thank you, Mr. Speaker, Sir. I stand pursuant to Standing Order No.46(2)(b), to seek a Statement from the Chairperson of the Committee on Land, Environment and Natural Resources on the Division of Revenue obtained from mining in Taita Taveta County, between Taita-Taveta County and the national Government. In the Statement, the Chairperson should: (1) State the economic value of the minerals that are found in Taita-Taveta County, indicating the total income from mining activities in the county for the last three years. (2) State whether the income received from mining in Taita-Taveta County is directed to the national exchequer as required by the Mining Act. (3) Indicate whether the ratio of income between the national and county government and the community, complies with Section 183(5) of the mining Act. 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 of the Standing Committee on Land, Environment and Natural Resources, please, respond.

Mr. Speaker, Sir, we will investigate this matter. The questioner, Sen. Mwaruma, is a very active Member of our Committee. Him, other Members of the Committee and I will go into the matter, since mining is under the purview of the Committee and we should be able to come back to this House and give an answer in four weeks.

Sen. Mwaruma, what do you say?

Mr. Speaker, Sir, it is okay. LICENSING OF LIQUOR AND CO-ORDINATION OF LIQUOR RELATED LAWS

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.46(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Tourism, Trade and Industrialisation on licensing of liquor and co-ordination of liquor related laws in the country. In the Statement, the Chairperson, should: (1) State the requirement that must be satisfied before a trader is issued with a liquor trading licence. (2) Explain the process of liquor licensing, indicating the role of various state or county organs involved in the process. (3) Explain the respective roles and the coordination mechanism required of the county and national organs involved in the enforcement of liquor related laws and regulations (4) State various taxes or levies imposed on traders involved in liquor trading in Kajiado County. (5) Explain why liquor traders in Kajiado County are being subjected to harassment and extortion by police officers, County Inspectorate and County Public Health officers in the quest of inspection and enforcement. Thank you.

Where is the Chairperson of the Committee on Tourism, Trade and Industrialisation? Is the Vice Chairperson here?

.: The Chairperson is here.

I am not sure whether you heard the question.

Yes, Chairperson, respond. 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, likewise, we would want to promise that we will give an answer in three weeks. I was listening to music. Like my friend said, I was dancing a bit. So, we will give an answer in three weeks’ time.

Is that okay?

Mr. Speaker, Sir, we want to appreciate that there is a very big number of liquor entrepreneurs in this country.The suffering that is there in our counties because of this confusion of the liquor licensing; on who to charge which license is very big and we are losing in the economy because of the confusion. So, three weeks is a very long time to me. Two weeks could do me a favour.

Sen. Kibiru, respond.

Mr. Speaker, Sir, yes. Two weeks’ time.

Okay; two weeks. It is so directed. THE KILLING OF LIVESTOCK IN RATIA, LAIKIPIA COUNTY Hon. Senators, let us get a response from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations in relationship to killing of livestock in Ratia, Laikipia North Constituency, asked by Sen. Olekina. I do not know whether you want to answer in his absence or it is courteous ---

Mr. Speaker, Sir, I think we better wait for him.

I direct that it be issued next time.

Next Order.

Mr. Speaker, Sir, I wish to move the following Motion:- THAT, pursuant to the provisions of Article 127(2) of the Constitution, the Senate approves the appointment of the following Members to the Parliamentary Service Commission (PSC) -

(1) The Hon. Naomi Shabaan, EGH, M.P. (2) The Hon. Adan Keynan, CBS, M.P. (3) Sen. Beth Mugo, EGH, M.P. (4) Sen. Aaron Cheruiyot, M.P. With no additional title.

(1) The Hon. Ben Momanyi, M.P. (2) The Hon. Aisha Jumwa, M.P. (3) Sen. George Khaniri, MGH, M.P. Mr. Speaker, Sir, this is a very important Motion that approves Members who are going to serve Parliament for five years. This is an additional responsibility to Members who are already constitutional office holders to hold another constitutional office in order to represent the interests of Members of Parliament in that Commission and particularly, the two Houses of Parliament. These seven names of ladies and gentlemen have gone through rigorous vetting and interview by the people of Kenya. Many of them who are in this list, if not all of them, are serving a second term and above. Some of them, like Sen. Mugo, have been Ministers which is an equivalent of Cabinet Secretaries under the new Constitution. I think Sen. Khaniri wanted to be sure that I will say that he has been an Assistant Minister since he was in his twenties. We have also a person like Hon. Adan Keynan who is a veteran of the Parliamentary Service Commission (PSC). We have a new person who has not held any Cabinet position, like Sen. Aaron Cheruiyot. This is a young person who has been promoted very fast by the people of this country. Just the other day, I used to see Sen. Cheruiyot roam around Parliament. He used to look for opportunities to speak in political functions. He would ask me if there was an opportunity for the youth to speak. It is amazing how in less than three years, God has elevated him from roaming around the streets of Parliament Road to a powerful Commission as a Parliamentary Commissioner. I am getting the benefit to say this now because once we approve his name, I do not think I will have a chance to say much because of the powers he will be wielding as far as the welfare of the Senate Majority Leader and others in this House is concerned. However, be it as it may, all these people from both sides of the political divide have a responsibility beyond being Jubilee Party or National Super Alliance (NASA) Members. 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 second this Motion on the appointment of Members to the PSC. The Members so nominated here for appointment are a good mix. We have the young and the not so young; I do not want to call them old because we are all going to get old. But we have the young people and the experienced people in this group. That mix will give us a good representation to the PSC. Mr. Speaker, Sir, I urge these Members to become good listeners. Let them listen to the needs of the Members they represent so that when they go to discuss issues, they actually represent the needs of Members. They should act as our representatives, the way 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 support the Motion on the PSC leadership. I take this opportunity to support the names of the Members who have been given this opportunity. I hope that after this Motion is passed, they are going to be sworn in as PSC Commissioners. Mr. Speaker, Sir, I just have reservations when I hear that this is a very important Commission and some of the nominees were just loiterers. So, I do not know whether that is going to translate in what we are looking forward to seeing in this Commission. I hope that this Commission is going to bring a lot of sanity in the way Parliament is being run. When I joined the Eleventh Parliament, I was a bit disappointed by the standards, because to me this is an arm of government just like the Presidency and the Judiciary. I expected sterling performance in how things are run, but I was very disappointed to the extent that now I am part and parcel of it. I do not know if it is improving or not, but I hope that the new Commissioners are going to bring new blood into the running of the affairs of Parliament. It should be run properly and show a lot of excellence in every aspect because it is a very important arm of the government. Mr. Speaker, Sir, I would like to urge the new Commissioners to do their work with a lot of diligence. They should be broad based in the way they carry out the activities of the House. They should look at all of us irrespective of the political affiliations. They should have the interest of all of us, particularly the Members. People talk a lot about the salaries for the Members of Parliament. But looking at salaries is part of a devolved fund, if I am not wrong. This is because nobody enjoys this money in this House because it comes and goes. So, it should not be a big issue. The same public making noises about the salaries of Members of Parliament are the same ones who are at the forefront, looking for assistance here and there. Yes, we are going to give assistance, but we cannot, at the same time, be paupers running up and down looking for money. Right now I believe so many Members are suffering. Without the mileage allowance, it has become very difficult for most of us to survive in this House. I believe that the new Commissioners will look into the issue of mileage allowance and the salaries. I have never heard of any place where salaries go downwards. They either remain constant or the general rule is that they should move upwards because of the inflation that has hit Kenya badly. Mr. Speaker, Sir, I would like to support the nominees. It is a good mix. We may have wanted other people to be included but, unfortunately, they are not on the list. This is a very selfless walk because as a Commissioner you will serve everybody. There was a lot of push and pull about the names of the nominees and people attached a lot of it to benefits to the Members. It is not about the benefits, but the service you give to colleagues, this honourable House and the general public. I hope that the nominees will 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. Poghisio.

Mr. Speaker, Sir, I rise to support the Motion and congratulate in advance those whose names we have been given. The Commission stands for something very important. Since it is anchored in the Constitution, it means that it is an institution that must stand the test of time and embody the dignity of the House. The hon. Members expect these Commissioners to stand firm for them and the institution of Parliament. I had the privilege of being in the very first Parliamentary Service Commission; that was about 1998/1999. At that time, we mostly served on voluntary basis; we did not have the perks that go with the Commission these days. Nonetheless, the attitude that time was that Parliament was being taken for a ride and parliamentarians were treated as an extension of the beggars on the street. Sometimes parliamentarians were denied rights and privileges. They did not have the right salaries.

Mr. Speaker, Sir, protect me from the Members who are consulting loudly.

Hon. Members, let us consult in low tones. I know that some of you will soon be Commissioners, but you need to consult in low tones. Sen. Poghisio, please, proceed.

Mr. Speaker, Sir, they are still asking for my vote. I support the Motion and hope that the Commissioners will think more about the Membership and the institute of Parliament than themselves. That has been the issue. Some of the Commissioners go there and think more about themselves than the rest of us. Let them be selfless; I wish them well. Mr. Speaker, Sir, I support.

Yes, Sen. Madzayo.

Asante, Bw. Spika. Kwanza ningependa kutoa kongole zangu kwa wale ambao wameweza kuchaguliwa katika taasisi hii ya Bunge. Taasisi hii ni kiungo muhimu sana kwa Seneti na hata Bunge la Kitaifa. Kwa hivyo, nawaunga mkono wote walioweza kuchaguliwa. Wale waliopendekezwa ni watu ambao nimeweza kufanya kazi kwa karibu sana, kwa mfano ndugu yangu, Sen. George Khaniri, ambaye anafanya mazungumzo upande ule na mdogo wangu, Sen. Aaron. Sen. George Khaniri ni mwalimu wa sheria za hapa Bungeni. Kwa hivyo, najua kwamba atapeleka akili hiyo katika taasisi hii ya bunge. Vile vile mdogo wangu, ambaye naelewana naye sana, Sen. Aaron, ana uwezo, nguvu, akili na maarifa ya kuweza kuendesha kazi katika taasisi hii ya Bunge. Vile vile, Sen. Beth ni dada ambaye namheshimu sana. Ni mkakamavu sana katika upande wa siasa. Najua kwamba alitekeleza jukumu hili hapo awali na ataendelea kulifanya. Nakutakia kila la heri, dada yangu. 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. Mwangi Paul Githiomi, you have the Floor.

Thank you, Mr. Speaker, Sir. I arise to support this Motion and urge the Senate to approve the list of the Senators proposed here to be commissioners in the PSC because they are capable. Looking at the list of those proposed, I see the name of Hon. Naomi Shaban who has been a Minister in this country for a long time. Hon. Keynan served as a 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

Asante Bw. Spika kwa nafasi hii. Naunga mkono tume iliyoteuliwa na ninafurahi kwamba kwa mara ya kwanza sisi pia tumezawadiwa. Ni kama kila siku unaenda shuleni kuzawadi watoto wa wengine lakini mtoto wako hafanyi vizuri. Nina furaha kwa sababu ya majina yaliyoletwa hapa, hasa jina la Mheshimiwa Beth Mugo. Yeye na mimi tuliteuliwa. Kuna shida nyingi sana ambazo wabunge walioteuliwa hupitia katika mabunge haya. Mara nyingi tunaonekana kama hatustahili ama tulikuja hapa kwa bahati mbaya. Mimi kama Seneta si tofauti na mwenzangu aliyechaguliwa kwa sababu majukumu ni yale yale na shida ninazopata ni zile zile. Mwananchi wa kawaida hajui kwamba mimi niliteuliwa ama nilichaguliwa. Yeye anajua kwamba mimi ni Seneta. Mimi pia hupata jumbe za kutafutia watu kazi na mambo mengine. Ninamsihi Mheshimiwa Beth Mugo, kwa vile yeye ndiye tunayemtegemea, ahakikishe sisi wenzake hatuteseki. Nimesikia kwamba kuna pesa za kwenda mashinani kuhakikisha pesa zinazopelekwa kule zinatumika vizuri. Nasikia fununu kwamba sisi pia tutapewa pesa hizo. Kwa hivyo namsihi awe mstari wa mbele kututetea ili sote tupate. Nashukuru pia kwa sababu kuna wanawake watatu na hivyo si vibaya. Zaidi ya hayo, kuna wafanyakazi ambao wataandikwa. Wakati watakakuwa wakifanya hivyo pia waangalie kina mama wenzetu. Bunge linafaa kuwa na sura ya Kenya. Shinda 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 rise to support this Motion on the nomination of the Members of the Parliamentary Service Commission (PSC). My colleagues have already spoken on the mandate that our nominated commissioners are going to undertake. However, my opinion is that the nominees should look into the welfare of our staff and especially the catering staff. When being served by our catering staff, I normally look at their uniform and it does not please me at all. The staff needs to be decent when serving us and therefore need to be considered when it comes to their uniforms. Therefore, as the nominees to the PSC, take care of them as they are your sisters and children. They need to look smart and neat when serving us. Furthermore, if you look at the female staff, their uniforms are very short and have faded. Once you are appointed, please, take care of these ladies. Sen. Mugo, you are our ambassador as nominated Senators, so kindly look at our welfare. Standing here as a nominated Senator, it cannot go unchallenged looking at my mandate here.

Hon. Members, let us consult in low tones so that we follow the debate.

Thank you, Mr. Speaker, Sir. We look forward to seeing Sen. Cheruiyot being the best Senator and commissioner. We are going to vote for him and therefore, if he could hear what I am going to send him to do there, then it can be well placed. In addition, I want Sen. Cheruiyot to be attentive. Mr. Speaker, Sir, looking at the security of our offices, it is very relaxed especially where some of us are hosted at the Red Cross Building. You cannot differentiate between a common mwananchi who is passing by and Members of Parliament as everyone is coming in and going out. So, as nominees to the PSC, kindly look into our security because it is relaxed and you cannot differentiate between a Member of Parliament, staff or mwananchi who is visiting a Member. Therefore, once you take up your position, our security should be paramount. Lastly, we are requesting the nominees to serve and go beyond the call of being commissioners. This is going beyond sitting in the offices but serving as the call calls for you. I rise to support.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to also contribute to this important Motion. I congratulate the nominees to the PSC in advance. We have worked with some of them in the last Parliament, for example, Hon. Shaban, Hon. Keynan and Hon. Jumwa who was a Woman Representative by then. We have a lot of faith in them as they have expertise in different fields. Therefore, we want to believe 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 stand to support the Motion on appointment of Members to the PSC and especially those who are known to us like Sen. Mugo and Sen. Cheruiyot who are Members of this House. We also know that they are respectable, qualified and committed to the welfare of this House. On the same note, I also want to support the others but would not want to go into details of mentioning their names. We have received their nomination and, therefore, request them that after they are appointed on our behalf, they should represent us and also look at our welfare. When we came and were taken for the one-day induction, I felt that everything was okay and that the services were good. I also felt that we are all equal and were being treated equally, but six months down the line, one realizes that, that it is not the case. For some of us, we were struggling to identify an office just the other day. It is just the other 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

Ahsante Bw. Spika kwa kunipa fursa hii kuchangia Hoja ya kuchaguliwa kwa makamishna wapya wa Tume ya Huduma za Bunge. 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

Proceed, Sen. (Eng.) Hargura.

Thank you, Mr. Speaker, Sir. I would like to join fellow Senators in congratulating our colleagues who have been appointed to the Parliamentary Service Commission (PSC). They have already been approved by the National Assembly and it is now our duty to do the same. I would like, from the onset, to support the Motion. The PSC is a creation of the Constitution of Kenya. One of its main responsibilities is to provide services and facilities to ensure efficient and effective functioning of Parliament, which is made up of the two Houses. In the last Parliament, the Senate felt like it was not getting the same services from the PSC. It reached a point where we even contemplated having a Senate Service Commission and the National Assembly Service Commission. Mr. Speaker, Sir, if you look at the representation in the PSC, we are disadvantaged as the Senate. This is because we have three Members while the National Assembly has four Members, in addition to their Speaker, as the Chairman. So, anything which will be intended to serve only the interests of the Senate will be difficult to pass through that Commission. For example, if you look at the facilitation we get, having in mind that a Senator represents at least two or even up to 12 constituencies in some counties, the office facilitation and the salary we get is the same as that of a Member of the National Assembly. That is not proper facilitation and, therefore, Members who are going to that Commission will have to look at that. During the Eleventh Parliament, we even tried to get oversight money so that we can perform our responsibilities, but we could not get it. Every time this occurs we realise that it is because we are being disadvantaged by our numbers in the PSC, as much as these numbers are there in the Constitution. But having gone through the first Senate, this Constitution is not cast in stone and we have to look at how to amend it so that we can have equal representation. We would like a case where even the Chair of the PSC is alternated; but as it is now, the Speaker of the Senate is nowhere in the PSC. There must be some way he can alternate with the Speaker of the National Assembly as the Chairperson of the PSC so that our issues can be brought out clearly. But as it is right now, we are always at the mercy of the Members of the National Assembly because of their numbers and the fact that the Chairperson of the PSC is their Speaker. Mr. Speaker, Sir, the experience we had in the last Senate is that, if an issue is in the interest of the Senators only, then we cannot get it through the Commission. We only get interests which are for all the Members of Parliament. But when it comes to something which we are asking for, as Senators; for instance, when we say that we should get more office money and facilitation since we are representing a wider area, it does not go through. When it also comes to salaries, you get the same amount as somebody representing only one constituency, yet you are representing 12 constituencies. 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

Lastly, Sen. Cherargei.

Thank you, Mr. Speaker, Sir. I rise to support this Motion. I want to agree with most of the sentiments that my colleagues have expressed. The Senators who have been nominated to the PSC are my neighbours down there; that is, Sen. Khaniri, Sen. Cheruiyot and Sen. Mugo. I am happy because you can see the blend of people with experience and the young. More so, we are happy for Sen. Cheruiyot because if you look at the National Assembly and even this House, most of us are youthful and there are particular demands that young people have which are very unique. With the input of Sen. Cheruiyot, we will fast-track some of those issues. I know that some of the people here have finished giving birth, but some of us have just started giving birth.

So, we hope that with the input of Sen. Cheruiyot and other youthful Commissioners, we will give more children to this country, who will ensure that we transform the agenda. Mr. Speaker, Sir, any Senator in this country, with the exception of the Deputy Speaker, Sen. (Prof.) Kindiki – who went to that school to ensure that the classroom was built – shows you that Senators do not have anything else except their blood, sweat and energy to give back to their constituents back in the counties. Therefore, it is high time, as the Senate, that we must sit and allow ourselves, through the PSC Commissioners we are approving today, to be restructured to reflect what the Senate is supposed to be. We are tigers on paper but when it comes to doing our roles, we cannot even oversight the governors. A governor is given up to Kshs12 billion, but a Senator is using his or her car and salary to do the oversight role, yet he is representing 6 to 12 constituencies. So, as Senators, we must agree and ensure that we bring respect to the Senate. This will ensure that even as we go back to oversight the counties, we do not use public rallies, funerals or harambees to do the oversight work. We should be given the necessary infrastructure and support professionals so that we do our work efficiently. We do not need to attend birthday parties and start oversighting the governors at that level. I have trust, belief, faith and confidence in 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

Lastly, Sen. Mahamud.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to this Motion. First of all, I would like to congratulate our colleagues who have been nominated to the Parliamentary Service Commission (PSC). These are well known persons of integrity. In fact, I have worked with all of them; that is, hon. Naomi Shabaan, hon, Adan Keynan, hon. Beth Mugo, hon. Aaron Cheruyiot, who is now my new friend, Hon. Momanyi, hon. Aisha Jumwa and hon. Khaniri. Since this is my third term in Parliament, I have worked with them and know that they are people of integrity. They are being nominated to the PSC, which is established under Chapter 15 of the Constitution. The work of PSC, among others, is to protect the sovereignty of the people. In fact, Parliament is a representation of the people. The Senate represents counties and the people of Kenya. To protect that, we must make sure that Parliament functions as required. The Constitution establishes two Houses of Parliament; the Senate and the National Assembly. These are Houses of equal status. None is junior or superior to the other between the National Assembly and the Senate. It is important then that their functions are facilitated properly and in equal terms. Mr. Speaker, Sir, I happen to have been in the National Assembly in the last two terms. I did not participate in any Motion or business that demeaned the Senate. Given our experience, we understand that actually the Senate is a very important House and it must be properly facilitated. 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

Senate Majority Leader, can you reply?

Mr. Speaker, Sir, I want to thank hon. Senators for the very kind words. I want to thank Sen. Cheruyiot who has been consistently sitting here, Sen. Beth Mugo and Sen. Khaniri who has stepped out briefly. I believe that they have taken notes in so far as the issues raised by the Members are concerned. We are their constituents; they will represent us in the Commission. They will also represent the interests of parliamentarians and the country. I want to emphasize that the wellbeing and functioning of the Senate and Parliament is for the good of the country. The responsibility of the Parliamentary Service Commission is to ensure that we have a functioning Parliament. We need to have staff that are happy, respected by the Members, but also respect the Members. I spoke earlier 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

Senate Majority Leader, I hope that is not a threat.

Mr. Speaker, Sir, it is not a threat. You may think that since someone has not been re-elected, he has lost everything, only to realize one week later that he has been appointed to be your boss at the Parliamentary Service Commission, either as a non-elected Commissioner or the Speaker of the National Assembly, who is the Chair of Parliamentary Service Commission. Those kinds of things happen in life. A Member may have lost elections, but he or she becomes the chairman of the school that your children attend. There are many things that can happen in life. People must be careful how they treat others. They must do it for humanity because it is important. These things of welfare and relationships are important because you never know what can happen in life. I wish Sen. Cheruiyot, Sen. Mugo and Sen. Khaniri the very best as they discharge their duties. The Chairperson of the Committee on Finance and Budget has made it clear that the Budget Policy Statement is capturing the resources that we need so that we avoid what Sen. Cherargei said about the Deputy Speaker. He is lucky the Deputy Speaker was not sitting there. He was discussing the Deputy Speaker in his capacity as the Senator for Tharaka Nithi County. To be very fair, you can see how we get caricatured when we give our services and our resources to our constituents. Mr. Speaker, Sir, I have gone with the Deputy Speaker to his place. I know the level of his generosity in building schools in Tharaka Nithi County, Elgeyo-Marakwet and Embu counties. We have literally gone almost everywhere in the country with Sen. (Prof.) Kindiki. He is one man I can never fault. If you see him removing his trousers, wearing shorts and ensuring that you build even if it was ---

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

Order! What do you mean by the Senator removing his trousers? You need to clarify.

Mr. Speaker, Sir, how else would he have been having trousers one minute and a short the next? There must have been a transition in the middle. By the time a professor who taught a person like me did that, it was an act of humility. When I called him, he told me he wanted to do something temporary as permanent structures will be done in the next six or seven months. However, you find a person whose only usefulness in social media is to type and castigate the work of Prof. Kindiki and yet the bundles he is using are donated by a politician somewhere; you feel pity for him. His only business in social media is to caricature and make fun of politicians. Those are people who have never even built – forget about mad thatched houses – even a latrine in their villages. They have never donated anything to anybody. These people in elected offices are making the greatest sacrifice. That sacrifice is generosity of the heart because when we see our constituents suffering, we do not want them to suffer. That is why facilitation of the office of a Member of Parliament (MP) must be such that they can serve their constituents with confidence, focus, determination and with the necessary facilitation that makes the office of the MP honourable as the name suggests. With so many remarks, I beg to move.

Hon. Senators, Standing Order No.73(1) requires that I rule on whether a matter affects or does not affect counties whenever the Senate is to vote on any matter or any Bill. In this case, I now rule that this matter does not affect counties. This said, I now put the question.

Next Order!

Mr. Deputy Speaker, Sir, I had consulted with the Speaker and requested that the debate on the Bill be postponed, maybe, up to Thursday. Tomorrow, the committee is doing public participation. 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): So, ordered.

Next Order!

Thank you, Mr. Deputy Speaker, Sir. I beg to move:- THAT, this House adopts Sessional Paper No.2 of 2016, on the National Slum Upgrading and Prevention Policy, laid on the Table of the House on Tuesday, 10th October, 2017. Mr. Deputy Speaker, Sir, it has been a tradition in this country where normally, legislations are put in place before policy. I think policy should come first because it forms the basis of actually coming up with the legislation. What has been happening is that most of the Ministries come up with legislation and then go back to formulate policy. However, it is better practice for most of the policies to be developed first before the legislation. The issue of urban slum has been a very serious problem in this country and many other developing countries. You will find that these slums come up as a result of, for example, historically as a result of issues of insecurities, clannism and other socio- economic factors. That is why people come together and overcrowd in a place. I believe that there are so many international treaties and conventions on the issues of urban areas that need to be adopted for the purpose of ensuring we have proper and well planned cities. In this country, we have a Constitution that clearly upholds the rights of citizens in terms of socio-economic factors. Again, in terms of the right to housing which is a big problem, especially in slum areas. Having said that, this particular policy addresses those concerns and it will be a form of policy that we make sure that we have taken care of the issues that affect slums in our country. Mr. Deputy Speaker, Sir, there are several attempts that have been made by the Government, especially in terms of improving slums in this country. In Nairobi County, for example, we have Mathare and Kibera slums. Most of these areas have been characterized by a lot of problems. Several attempts have been made by the Government and also other stakeholders to ensure that these people live a decent life. For example, there was the issue of low cost housing that the Government came up with. Unfortunately, it has not been progressed well because of so many challenges. The issues of lighting the slums especially by the Adopt-A-Light initiative which is owned by hon. Esther Passaris has assisted to reduce incidences of insecurity. People 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 second the Motion. This policy will be important to assist people in the slums where most politicians actually go to get their votes. The policy is enticing because we will upgrade what is there and prevent further mushrooming of these slums. The policy will also help deal with slums not just in big cities like Nairobi, Mombasa and Kisumu. We have noticed that these slums are not just coming up because of rural-urban migration but are also coming up in satellite towns like Kakamega, Busia and other small towns. This will go a long way in helping the slums that exist and prevent the mushrooming of others. It will also help improve security in the slums. We know that some criminals commit crimes elsewhere and go to hide in those slums because they are not easily accessible by security agencies. Therefore, even roads and other infrastructure will be built in those slums once the policy and the necessary legislative framework are put in place, to assist in slum upgrading. The policy also talks about land ownership in those slums. The slum dwellers are very much prone to abuse and extortion by the so-called absentee landlords. Therefore, once that tenure is also well defined in the policy and the subsequent laws, we will see an improvement and some form of pride amongst slum dwellers. We have so many slums that we are even proud that they have become tourist attractions, which a very unfortunate fact. With those few remarks, I second.

(Sen. (Prof.) Kindiki): Thank you Sen. Were. Let us have Sen. (Eng.) Mahamud.

(Sen. (Prof.) Kindiki): Order Sen. (Eng.) Mahamud.

Thank you Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to this Motion---

Madam Temporary Speaker, slums are a main feature of our towns today. In fact, slums and the informal settlements are not a new phenomenon but historically have been there over the years in many cities. However, we need to see how we can upgrade the ones that exist and prevent the mushrooming of others. 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.) Kamar): The Senate Minority Leader.

Thank you, Madam Temporary Speaker, for giving me an opportunity to contribute to this Sessional Paper. In the Ninth Parliament we, more or less, passed an identical Paper. But by that time, it was not called slum upgrading; it was called the National Housing Policy Paper. It was brought by the then Minister for Roads and Housing, the Right Hon. Raila Amollo Odinga. I do not know whether the distinguished Senator was in Parliament then; were you his Permanent Secretary? I believe he had a contribution to that paper and I expected to hear more from him on this paper. Madam Temporary Speaker, in this day and age, it is scandalous for us to be bringing a paper to this House or any House of Parliament to talk about slum upgrading. A slum is a slum and has no other name. You cannot upgrade a slum; it is a slum, period! It is like talking about a ‘good’ thief. Countries world over are talking about slum elimination and doing away with slums. How do you upgrade a slum? It remains a slum; congested, with no facilities, no security and no water. Even when these facilities are there, they are controlled by criminal slum lords who sell goods and services to people at unaffordable prices. These slums have no roads, and if they are available, they are muddy and nobody can walk on them when it rains. Of course, you will remember the notorious ‘flying’ toilets in the slums like Mathare and Kibera. Madam Temporary Speaker, I agree with the distinguished Senator from Mandera that almost all our urban centres – over 60 to 70% of the urban dwellers – are in the informal settlements called slums, where they are living lives poorer than their compatriots in the villages. A herdsman in Mandera lives a much better life than some of our compatriots in the congested slums of our towns. What is even more worrying is not the talk of upgrading; it is the inability by our development structures, legal frameworks and policies to prevent the growth of new slums. Everywhere you turn or go, there are little mushrooming towns. Madam Temporary Speaker, if you drive down west, where you and I come from – start from Kangemi, limuru, uplands, Kinale, Soko Mjinga, Kinungi, down to Naivasha, Gilgil, Kikopey all the way to Burnt Forest – there is no planning. Anybody can just come and build anything. You will find that somebody has built a magnificent building, but next to it is something different; and vice versa. This slum phenomenon must be traced back to our land tenure system. Until and unless we have a proper change in our land tenure system that can give people security of the land they reside over, we will continue having these problems. There is a big town on the southern flanks of Nairobi, called Ongata Rongai; it is a total slum. You go on and you will find another town called Kiserian; another slum. When you move on to Isinya, it is another slum and yet we have examples to learn from. I would advise those who wrote this paper to visit a country that we keep quoting – a country that was poorer than us at our independence – called Malaysia. Today there is not 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, Madam Temporary Speaker. I rise to support the Motion on the Adoption of Sessional Paper No. 2 of 2016 on the National Slum Upgrading and Prevention Policy. Our Constitution provides that we should have access to a clean healthy environment, water, right to social amenities like education and recreation facilities. I want to agree with most of my colleagues that there is always a slum springing up everywhere and anywhere in this country, even in our counties. Going forward, this can form a basis that will allow some of us to ensure that our county headquarters, townships and centres that have specific growth must 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

(Sen.) (Prof.) Kamar): Sen. Pareno Judith Ramaita.

Thank you, Madam Temporary Speaker, for giving me this opportunity. I wish to support this Sessional Paper with a rider. The Senate Minority Leader said that we want to eliminate the slums and not upgrade them. However, my thinking is that we should start with upgrading and move on to elimination. That would be progress towards developing our country. Madam Temporary Speaker, I am a bit worried because the problem is not just about upgrading the slums. We must have a holistic approach to the slums that we have in this country. For example, I had a discussion with a gentleman who was a slum dweller and was doing some gardening in an estate. At that time, the Government was upgrading Kibera Slums. I asked him what is view was on the upgrading programme because we were all excited at that time with the slum upgrading programme. He told me that he cannot upgrade and live in a house worth Kshs6,000 when he is sleeping hungry. He thought that it would be better if he is given that house, so that he can rent it out and move deeper into the slums to live in a house that is worth Kshs1,500. This is a deeper problem that we have as a country; it is not just upgrading per se . It is about jobs, resources, education and empowering the people in the slum areas. If we do not empower them, we will still continue with the cycle of the Government upgrading houses and people move on to live in other slums and rent out the houses that are given to them through upgrading programmes. Madam Temporary Speaker, this issue needs a holistic approach. I have looked at the proposed policy. It comes out with clear objectives on how we can uplift the standards of these people. It comes out with ways of improving the economics of the country to empower them, so that we can upgrade and eliminate the slums. The other issue is about the land tenure, which most Senators have talked about. In the slum areas people build houses, but do not have legal ownership. If we could develop some land tenure system and create ownership of the parcels of land that these people have lived on over the years, we might empower them to have collateral because they will have titles to the parcels of land. They will improve their livelihoods by using the title deeds as collateral to take loans. Madam Temporary Speaker, looking at this policy that we are to approve I see an acknowledgement that previous initiatives have been undertaken. One of the bottlenecks in those previous undertakings is that we had instances of corruption and, therefore, we were not able to conclude the programmes that we 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.) Kamar): Order, hon. Pareno. You are left with 15 minutes, which you will utilize tomorrow when we resume debate on this Motion.

(Sen. (Prof.) Kamar): Hon. Senators, it is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 28th February, 2018, at 2.30 p.m. The Senate rose at 6.30 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