Hon Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon of a delegation of hon. Members from the Mandera County Assembly Service Board. The hon. Members are visiting the Senate to benchmark on the operations of the Parliamentary Service Commission (PSC), the Parliamentary Car Loan and Mortgage Scheme Fund and the County/Constituency offices. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition. (1) Hon. Mohamed Adankhalif - The Speaker (2) Hon. Adan Maalim - Majority chief Whip (3) Hon. Fatima Qasay - Deputy Majority Leader (4) Hon. Mohamed Robow - Board Member (5) Hon. Saad Sheikh - Board Member (6) Mrs. Fatima Ibrahim - Board Member (7) Mr. Ali Mohamed - Board Member (8) Hon. Abdinoor Teno - MCA (9) Hon. Daqane Rafat - MCA (10) Hon. Noor Mohamud - MCA (11) Mr. Ahmed Suraw - Clerk (12) Mr. Abass Ahmed Haji - Chief Librarian (13) Mr. Kassim Haji - Executive Assistant to the Speaker On behalf of the Senate and on my own behalf, I welcome them to the Senate and wish them well for the remainder of their stay. 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 would like to welcome members of Mandera County Assembly Service Board (CASB) to the Senate. They are led by the Speaker of Mandera County Assembly, Hon. Mohamed Adankhalif. I want to congratulate him and his team for being members of this MCASB. I know they have a lot of work to do for Mandera County. I wish them success because the task ahead of them is enormous. I also congratulate them for seeing it wise to come and benchmark with the Senate and the PSC. I urge them to tirelessly work for the county because it has a lot of potential. We, as leaders and the Senate, will support them as much as we can. This is because it is our mandate to support the counties and their governments. The county assembly and the county government are both the two arms of the Government. With those few remarks, I welcome you to the Senate.

Mr. Speaker, Sir, allow me to take a few minutes to welcome the Mandera CASB. From the outset, I congratulate the Governor of Mandera County for winning the petition. I am sure that it was not easy. I sat in the Committee on Justice, Legal Affairs and Human Rights in the last Parliament that put your work in order. However, we are concerned about the high wage bills in all counties. We call upon you to ensure that Mandera complies with the law in terms of the wage bill so that it does not exceed the threshold of 35 per cent. We are proud of the work that was done by their previous Senator, Sen. Billow, in terms of public finance. We are also proud of their current Senator who is also the Chairperson of the Committee on Finance and Budget. Lastly, I wish them well

Mr. Speaker, Sir, allow me to join you in congratulating and welcoming the team from Mandera County. When I was the Chairperson of the Committee on Devolution and Intergovernmental Relations, my team visited Mandera County. We noted that Mandera County Assembly is doing a very good job. I remember interacting with hon. Robow who is the Majority Leader from that county. They now have a new speaker and team in the CASB. Mandera is the face of our country to the international community, particularly the Country of Somalia. Anybody who has gone to Mandera town will tell you that the border between us and Somalia is a walking distance. I would like to assure the people of Mandera County that we will give them maximum support. We will work together with their Senator who is also the Chairperson of the Committee on Finance and Budget, to ensure that devolution works and that Mandera County succeeds. I would also like to assure them that the Senate is following keenly the issue of teachers in that region to ensure that education is uninterrupted and that all the people working in that region continue delivering services to the local community in a manner 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 also join my colleagues in welcoming the delegation from Mandera County. As the Mandera CASB tours Parliament to understand the workings of the PSC, I would like to advise them to ensure that Mandera County Assembly is properly facilitated to carry out its oversight role. It is a fact that the kind of revenue allocated to the counties from the national Government is so enormous. If properly utilized, it can change the lives of the people of Mandera. As has been the case in most counties in the last Parliament, many broke governors went on a spending spree without following the Public Procurement and Disposal Act and the PFM Act. I believe whatever we have seen and heard from other counties with regard to pending bills, Mandera County is not in that list. The only way to bring sanity is to have a strong assembly that will be keen to discharge its mandate, oversight the manner in which public finances are being spent there and ensure proper adherence to the law. What I am simply advising them is that they have a duty to ensure that the county Government of Mandera does not illegally borrow from Mandera by giving or dishing out contracts to the people of Mandera when they cannot afford to pay them hence denying the economy of Mandera the very liquid cash that is required to circulate there and make people happy and enjoy their lives.

Mr. Speaker, Sir, I thank you for the opportunity to welcome the delegation from Mandera CASB. It is a good gesture from that county for them to come and benchmark with the Senate. They are well represented in this House. Their issues have come out strongly and the fact that they have presented themselves shows that they are concerned about their county. We will also look into how we can address their issues. Some of the issues that have been addressed concerning Mandera County in the recent past, include the issues of cancer and insecurity. I am sure those issues are addressed. It is a good gesture for the county government to come and be with us here. This shows there is a good relationship between the national and county governments. We, as a country, will move forward together and achieve a lot for this country. It will also help us in our oversight role. If we relate well with counties, it will be possible for us to know the activities and probably influence projects in those counties. I, therefore, join you in congratulating this delegation for coming to the Senate.

Thank you, Mr. Speaker, Sir. Let me also join my colleagues in welcoming the delegation of the Public Service Board of Mandera County. I want to tell them that this is indeed a good House to visit, particularly; we are the champions of devolution. I wish to encourage the Public Service Board of Mandera County to really stick to the law, particularly, in terms of employment. 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.

As I invite the last speaker, note that this is the County Assembly Service Board (CASB), not the Public Service Board. Proceed, Sen. Farhiya:

Thank you, Mr. Speaker, Sir, for allowing me to contribute to this issue regarding the visit of the County Assembly Service Board from Mandera County. I congratulate them for taking such a bold move to ensure that they are more effective for their county. I also wish to congratulate their Governor for winning his petition. One of the main things that I want to encourage, especially the female Members of the County Assembly (MCAs), is that they should not shy away from contribution in terms of articulating issues regarding women and youth whose interests they represent. Please, let them contribute to these issues. Otherwise, I know they might not have members, but the fact that they have articulated their issues; it will make a difference for all the women in Mandera County. I also would like you to ensure, as you do your oversight role since you are equivalent to the Senate in the County Assembly, the collection of revenue. This is because the Government will not continue financing counties. At some point, they need to be self-sustainable. So, in that regard, please ensure that you always look for solutions and advice on how to improve on revenue collection and even in terms of development. Where there is a development venture, one of the roles that you should have as MCAs is to ensure – because I heard some of you are MCAs; so, my advice is to the MCAs – that the projects that are invested are also sustainable and create employment opportunities. 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. Lelegwe.

Thank you, Mr. Speaker, Sir. I am sorry for coming in late. But let me join you and my colleagues; the Senators and the Senator for Mandera County, to welcome the Members of the County Assembly Board of Mandera County to the Senate. Having worked as a Speaker and a chairperson of a Service Board of a County Assembly in Samburu County, I know they have a lot to learn here in the Senate. They also have a lot to learn regarding the management of county assemblies. I know we have had challenges as county assemblies when we began, but I am sure, during their stay here, they will learn a lot from the Parliamentary Service Commission (PSC) and our Standing Committees. Thank you, Mr. Speaker, Sir.

Thank you, hon. Senators for your contributions. So, our visitors feel at home. Next Order!

Mr. Speaker, Sir, I know that the Senate Majority Leader comes last, but with your permission, can I lay my statement because I have another Senate business which you are aware that I am going to conduct shortly after this? This will ensure that in case I come back after statements are over; this is not overtaken by events.

Yes, you can proceed. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 6TH MARCH, 2018

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 46 (2) (c), I hereby present to the Senate, the business for the coming week. 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.

Let us continue with Statements. The Chairperson, Standing Committee on National Security and Foreign Relations has a Statement to issue. 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. We do not yet have the answer to that Statement but we shall have it in the coming week.

The Chairperson, Standing Committee on National Security and Foreign Relations has to issue the answer to Statement (b). HARASSMENT OF OPPOSITION LEADERS

Mr. Speaker, Sir, at a sitting of the Senate held on the 14th February, 2018, hon. Sen. Moses Wetangula requested for a Statement on the harassment of opposition leaders. The hon. Senator, Senate Minority Leader, particularly sought to be informed on: (1) Whether the Chairperson is aware that the Government has withdrawn both residential security and bodyguards to opposition leaders, revoked the leaders’ firearm licenses and confiscated official cars assigned to some of the leaders by the Parliamentary Service Commission (PSC). (2) Get an explanation on the reason as to why the Government has resorted to unjustifiable arrests of some opposition leaders citing their role in the 30th January, 2018 opposition event at Uhuru Park when the Constitution of Kenya guarantees freedom of speech and association. (3) The legal provisions the Government based on in sanctioning the above actions. Mr. Speaker, Sir, I wish to state as follows:- During the purported swearing-in of the former Prime Minister as the people’s President on 30th January, 2018 at Uhuru Park, some police officers attached to VIPs to offer close protection also attended the purported swearing-in ceremony, in violation of the laid down policy. The attendance by the officers amounted to gross misconduct and was unprofessional. The Penal Code, Section 40, provides that any person who owes allegiance to the Republic of Kenya, who compasses, imagines, intends the maiming or overthrow of the legally elected President commits an offence termed treason. Therefore, whenever or whoever attended the swearing-in ceremony was an accomplice to the illegal act as provided for in the Penal Code. The officers were withdrawn pending investigations into circumstances under which they attended the swearing-in. The officers were withdrawn from VIP security duties as follows. (1) Force Number 75989, Quinton Lughwisa Ouma of Rangwe Police Station previously attached to hon. Lilian Gogo, Member of Parliament (MP) Rangwe Constituency. (2) Force Number 74831, Lawrence Wachira, of Siaya Police Station who was previously attached to hon. Cornel Rasanga, Governor Siaya County. (3) Force Number 95512, Omondi Okoth, of Eldas Police Station who was attached to hon. Zachary Okoth, Governor, Migori County. (4) Force Number 44635, Soteri Nyakundi, of Kisumu Central Police Station previously attached to hon. Anyang’-Nyong’o, Governor, Kisumu 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, this is a very sad day for this country to hear what has been read to the House. Mr. Speaker, Sir, this is a matter that deserves your direction for a Committee investigation into these events. To begin with, the answer given is a crude and cheeky attempt to profile members of one community; the Luo. It is an absurd thing. The event of 30th January, 2018 at Uhuru Park was not a Luo affair. There are members put in this list, for example, hon. John Olago Aluoch, MP Kisumu West, who was nowhere near Uhuru Park. In fact, on the day of the event, he was away in Mombasa. I know so because he is a Member of the party that I lead. Prof. Anyang'-Nyong'o was in hospital undergoing hip replacement surgery in the United States of America (USA), but his name is on 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.

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to mislead the country and this House? Yes, he has a right to the answer to his Statement, which has been read. But in what context is he addressing the House, saying that the swearing-in was not a Luo affair? Which part of the answer to that Statement referred to---

Order, Members! Order!

Mr. Speaker, Sir, every person in this country – irrespective of where they were born or whatever their names are – is a Kenyan. So, for the Senate Minority Leader to try and divert what the answer is because he has raised issues which are being addressed and which he can address without political innuendo or making some Kenyans feel like they are targeted. It is not right in the first place. So, can he confine himself to the Statement given? The Standing Orders require – and he knows that, as a long standing Member – that a Member must be relevant at all times. Is he in order?

Sen. Wetangula, proceed and make sure you keep to the Statement that you have been given.

Mr. Speaker, Sir, I was pointing out issues arising from the answer given to me. I was developing---

On a point of order, Mr. Speaker, Sir. Is the Senate Minority Leader in order to refer to issues of ethnicity and talking about Luos, while in the Statement, I have not heard---

Order, Sen. Khaniri!

Mr. Speaker, Sir, I have not heard any name of an ethnic group being mentioned here in the Statement. Hon. Shakeel is not from the Luo community. So, let him stick to the issue of relevance of his Statement.

Mr. Speaker, Sir, I do not understand the unjustified agitation. I am raising issues following a Statement given by the distinguished lady, the Senator for Nakuru County. Mr. Speaker, Sir, Ms. Lilian Gogo is a Member of Parliament (MP) of Rangwe Constituency from the Luo community. Mr. Cornel Rasanga, Mr. Zachary Okoth Obado and Prof. Peter Anyang'-Nyong'o are governors from the Luo community. Hon. John Olago Aluoch is an MP from the Luo community. Hon. Shakeel Shabbir is an adopted Luo representing a Constituency that is 100 per cent Luo in Kisumu County. Mr. Mathews Owili is a Deputy Governor of Kisumu County from the Luo community. Mr. Onyango Oloo is from the Luo community---

On a point of order, Mr. Speaker, Sir. My concern is the way this House is going and we need your guidance. As leaders, let us observe the fact that we 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, Members! Order!

Let us have order. Order! He is up on a point of order. Let him finish what he is saying.

Mr. Speaker, Sir, I will be quick. If you go to the courts of law and jails here, you will find more Kikuyus there than other people, but we are not crying that we are being discriminated.

Order! Order, hon. Members. As we debate, let us avoid talking about ethnicity.

Yes!

If you are talking about leaders, let us talk about leaders, whether they are in the Opposition or in the Government. Let us talk about leaders; otherwise we are going to degenerate into ethnic profiling, which is not right. Proceed, Sen. Wetangula.

Mr. Speaker, Sir, the altruism here is that there were more people in Uhuru Park. Hon. Wafula Wamunyinyi, my MP, was in Uhuru Park. Why is he not on this list? Many Members were in Uhuru Park. What I am saying is – and you are damn right – that this kind of profiling of a community in an answer coming to this honourable House exasperates the ethnic situation in the country. Remember that Kenya has now been profiled and classified by the United Nations (UN) as the most ethnically divided country in the world today. As leaders, we must do something to bridge the gap and not widen it. I agree with the distinguished Sen. for Nyeri County, but what he should be telling the leaders on the side he is sitting is that this balderdash is not helpful to this country.

Order, Sen. Wetangula!

Of course, I also understand English, Sen. Mutula Kilonzo Jnr. I went to school properly.

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On a point of order, Mr. Speaker, Sir. The Statement that was sought by the Senate Minority Leader is in black and white on this paper. For avoidance of doubt, it can be read out as to what he sought specifically. There is nowhere the Minority Leader either sought from this Statement the ethnicity of communities from which either of those leaders whose firearms or security was withdrawn, came from. So, Mr. Speaker, Sir, it is mischievous and intended to not only mislead the House and the Nation, but also to incite members of this country. If the Senate Minority Leader, being the person who holds the responsibility of leading his side, is allowed to continue with that trend, then we will have failed in our responsibility as a House. He cannot be allowed to continue with that line of presentation. He can speak according to what he has sought or then seek another statement if he wants to know the ethnicity of the Members and then that can be provided.

Proceed, Sen. Wetangula.

Mr. Speaker, Sir, I need your protection to prosecute this Statement because it is very important. In the Statement, the distinguished lady has even said that firearms were withdrawn because they were abused. Hon. Wycliffe Musalia Mudavadi was licensed to possess a firearm in 1993. He has never used it even to shoot at a flying bird. It was withdrawn and all his security detail withdrawn. What transgression had he done? I will not shy away from talking about the issue that I was pursuing. Why is the Government trying to profile communities? This is what this answer is giving us. The distinguished Senator for Kiambu County can rant and say what he has been saying. Wisdom says that you can hide everything, but you cannot hide the truth and the sun. Somebody added that you cannot hide a woman’s pregnancy. This is the plain truth. I want the distinguished Senator to tell this House what violation Prof. Anyang’- Nyong’o committed to warrant him being listed as an offender. What transgression did hon. Olago Aluoch, hon. Musalia Mudavadi, hon. Stephen Kalonzo Musyoka and yours truly commit? Provision of security for leaders is not a privilege and peremende given and taken by the government; it is a duty. Secondly, under the Firearms Act - I do not know how many lawyers are across the Floor who can help the distinguished lady - the Government licenses you to have the firearm. The Government cannot wake up and take away your firearm without due process. The first thing is to be given a notice to show cause as to why your license cannot be revoked and the firearm taken away from you for abuse and violation of the law. Can you tell this House and this country what violations the people whose firearms were taken away committed? I have given the examples of hon. Musalia Mudavadi, hon. Kalonzo Musyoka and many others. Can you table the notice to show cause that 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.

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

What is your point of order, Sen. Wamatangi?

Mr. Speaker, Sir, I am just wondering whether the Senate Minority Leader should use this platform of Parliament to try and make good his political shortcomings. It is in public domain that he did not attend the swearing-in. Now that he did not attend, he is trying to justify---

Order! Order, Members! Sen. Wamatangi, you are out of order. Sen. Wetangula, proceed.

Mr. Speaker, Sir, yesterday, I used a very simple English word in reference to a Member and the Chair insisted on my withdrawal and apology. I protest in the strongest terms possible the outright insult, innuendo, abuse and use of language unbefitting of a Senator in the person of the distinguished Senator for Kiambu County to me and my person.

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

Hon. Senator, can you go and do the rightful thing?

Order, Members! I think we need more induction. Sen. Wetangula, proceed.

Mr. Speaker, when I unleash some boulders on this Kiambu man, please, do not restrain me. In the Statement, the distinguished lady has said that officers were withdrawn pending investigations into circumstances under which they attended the swearing-in. When were the investigations started? Who is leading these investigations? When is the outcome of these investigations? 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. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, I am now addressing the Senate Majority Whip. Perhaps, in future, you should interrogate an answer before you bring it because you will get yourself into a lot of trouble, and you are a Member of the Committee on Justice, Legal Affairs and Human Rights. The Firearms Act is very clear. If a person violates the Firearms Act, Section 4 is clear; they will be charged for violation of the Firearms Act and the offense is disclosed. My first supplementary question is: Which of the Section, under 4 (a), which reads ‘offenses relating to specified firearms’ was violated by hon. Musalia Mudavadi and hon. Kalonzo Musyoka in so far as their firearms are concerned? The second question that you have not answered, which is serious and refers to yours truly is: Under what circumstances was the vehicle assigned to me withdrawn by the police at the Parliament gate? What offense did I commit, where did I commit it and with who? Thank you.

Proceed, Sen. Khaniri.

Thank you, Mr. Speaker, Sir. You can see that there is a deliberate attempt to derail us from interrogating the very shoddy answer brought by the Senate Majority Whip. We want to plead with you that this is a Statement that is rightfully on the Floor of this House. You approved it and we deserve to get answers to the questions and the supplementary questions that we are raising. In the answer, the Senate Majority Whip has clearly said that these officers were withdrawn because they attended an illegal function at Uhuru Park. You heard that yourself. Sen. Wetangula has quoted so many names of leaders whose security was withdrawn and yet, we know very well they were nowhere near Uhuru Park. If these security officers were being withdrawn for being present at Uhuru Park, I want the Senate Majority Whip to tell me why my security in the village, in Hamisi, was withdrawn. Why were my security officers guarding my home in Nairobi withdrawn? Were they also at Uhuru Park? We want to remind them that provision of security to elected leaders is not a favour we are getting from the Government; it is a right. Do not use that to cajole us to agree with you in your political standing. Mr. Speaker, Sir, this is our right. Today they are in Government, but tomorrow they may be in the opposition. Would they want the same treatment to be meted onto them when they are in the opposition? I am an elected leader and I am entitled to security. Therefore, I want to know why my security was withdrawn. What offence did I commit? Where and with whom? Why have I not been charged?

Sen. Wamatangi.

You are over-indulging this man. 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, precisely, why I had sought your attention is because when the Senate Minority Leader was addressing me, contrary the Standing Orders, did you hear him referring to me as ‘this man from Kiambu’?

Order, Members!

Mr. Speaker, Sir, again, you heard Sen. Khaniri saying “you are over- indulging this man”. Our Standing Orders are very clear that:- “A senator shall only address another Senator as “Senator”. I am the Senator for Kiambu by right via an election. The people of Kiambu gave me votes to come to this House that I can share with Sen. Khaniri and Sen. Wetangula and still be left with a balance.

Order! Hon. Senators, the whole world is watching us. As we engage, let us do so with some sobriety and decorum. Otherwise, we are going to lower our House from where it is. We can still communicate the same messages in a more decent manner than where we are heading.

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

What is your, point of order?

Mr. Speaker, Sir, I agree that decorum is important. However, are you satisfied that the diatribe that you have heard from the distinguished Senator from Kiambu is within the Standing Orders? This House is the great equalizer. That he comes from a county with a greater population than Vihiga County does not make him a better Senator. He has no business boasting about the number of votes he got because even our colleague from Isiolo County that has less than 100,000 votes is here with one vote just as the Senator for Nairobi. I want to urge the Chair to protect Senators from errant bullies---

Order! Sen. Wetangula, you cannot be purporting to seek to be saved when you are the one who is firing the missiles at your fellow colleagues.

Thank you, Mr. Speaker, Sir. It is a very sad day because, true, when the Senator for Kiambu was wrongly addressed as ‘the man from Kiambu’ he got agitated and rose on a point of order to reclaim the dignity of his office. However, the same Senator is okay with the rights of fellow elected leaders being violated and raising issues to the effect that we should confine ourselves to relevance. Yes, we want to be relevant. 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, Sen. Outa. You are already on the Floor.

Thank you, Mr. Speaker, Sir. I know you might be trying to avoid me but---

Order! Hon. Senator, you are out of order! I have no reason to avoid any Senator in this House. Proceed.

Mr. Speaker, Sir, I stand here with a very heavy heart because as I thought the country was trying to heal, this afternoon, it is more like we are trying to open up the wounds. If this statement is not considered to be profiling a community, then I would not really be able to understand when people referred to other communities to be the only ones who attended the swearing-in, especially by the names that have been read in this House today, mentioning only the Hon. Members from one community. Mr. Speaker, Sir, I want to categorically say that I was at Uhuru Park and my security was withdrawn. I did not hear my name being read as somebody who is now left for God to protect him and yet the Constitution allows me to have security. I would really request under your wisdom that we should not continue to discuss this matter and allow the Senate Majority Leader to come back with a more comprehensive response rather than trying to profile a community. This is because the more you listen there and trying to read more names, how do our people feel when only the Luo people and their leaders are read as the only ones who attended the Uhuru Park function yet there were other hon. Members who did so? Mr. Speaker, Sir, it was not in vain that the Peoples’ President was sworn in on that day. It was real under the new Constitution. He was sworn in as the Peoples’ President – President Raila Amolo Odinga.

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

Let us have Sen. Wamatangi.

The man from Kiambu.

Order, Sen. Outa!

Mr. Speaker, Sir, it does not matter, but I would excuse Sen. Outa because he is new in this House. He came from the other House and he is learning the Standing Orders of this House. However, when he does so, then he will have the courtesy and know how to refer to his fellow Senators. I am just keen that we follow the rules of this House to the letter because we are also setting a precedent. One, when Sen. Outa says that the so-called swearing-in was in accordance with the Constitution; which Constitution or Article of the Constitution is he referring to? Now that I am on the Floor allow me to clarify what the Senator for Kitui County was saying because he was out of order. Mr. Speaker, Sir, the Senator for Kitui was out of order. I was very clear and simple when I stood here. I said that the likes of the Minority Leader and any other leader in this country who reads a person’s name whether it is Ouma, Outa or Wamatangi should see a Kenyan and not the ethnic background of the individual. We should refer to them as Kenyans. That is my point of order.

On a point of order, Mr. Speaker, Sir. We are patriotic and proud to be Kenyans. Is it in order for the distinguished Senator from Kiambu to make repeated derogatory references to me and my person; a person and a Senator who leads my distinguished colleagues behind me on this Floor? Is he in order to continuously protest against order and violate the same orders in the same vein?

Hon. Members, let me repeat what I have said, that you are degenerating this House yourselves because both sides are engaging using unparliamentary language. When you throw something from this side, you will expect a response from the other side in the same measure. I ask all of you to rise above the politics we are engaging in and focus on the agenda of the day. I call upon the Leader of Majority to respond to issues that have been raised and conclude. Sen. Outa, please, conclude then we get the Leader of Majority afterwards.

Mr. Speaker, Sir, let me remind the Hon. Senator from Kiambu that I was in the 10th Parliament when he was not even known to be anywhere. When he talks about Standing Orders I truly understand what they are all about. I seek your indulgence on this Statement so that the Leader of Majority can go back and refer this matter to the Standing Committee on National security, Defense and Foreign Relations for investigation. Since, the way he read those names, truly if you want to heal this nation, they cannot come back here and be read the same 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.

The Leader of Majority. I have already made a ruling on the point of order raised.

Mr. Speaker, Sir, let me respond to a few of the issues that have been raised. I also ask for additional time to get answers on the supplementary questions that have come up as a result. On the issue of profiling, the Senate Minority Leader is the one bringing that to the Floor of this House. Nowhere in my answer did I say a Luo. However, it is common knowledge that the people who were---

Mr. Speaker, Sir, is the distinguished senator for Nakuru and Majority whip in order to mislead the House? It does not take rocket science to know who comes from where in this country. Even a Standard One child reading these names will tell you where they come from. Is she in order to insinuate that I am the one profiling yet I was simply making a very honest reference to the statement that she brought to the Floor?

Sen. Cherargei, what is your point of order?

Thank you, Mr. Speaker, Sir. My concern is that when the Majority Whip brought that answer, most of these things are always done in the interest of national security. It is not in order for the people - I have not made my point, Leader of Minority. You just listen first.

I have not said anything.

Order. It was Sen. Khaniri! Let us not shout from our seats. Proceed.

If you look at that answer, what is important is that national security overrides any other. If the Government deems it fit to withdraw the security to avoid threatening the peace of the country, then it should be allowed to do that for the interest of the national security and cohesiveness. Kenya is made up of diverse ethnic communities. Before you become a Kenyan, you come from a specific community. So, by the fact that some names were written and there is a perception that they come from the region, it is very unfortunate.

Order! Order! What is your point of order?

Mr. Speaker, Sir, is it in order for the Minority Leader to say they were ethnically profiled from a particular community? In this country, there are even three tribes that use one name. 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.

Hon. Senators, why do we not allow the Majority Leader to give her response so that we make a ruling and make progress? The Majority Leader, please, proceed.

Mr. Speaker, Sir, if they had let me finish what I was trying to say, maybe we would get on the same page. Although the Senate Minority Leader has brought up the issue of ethnic profiling, it is also common knowledge because we were home and saw a bit of Television, those who were at Uhuru Park that day. In fact, he was absent and maybe that is why his name is not in this list.

(Hon. Lusaka). Order! Order, Members!

In my statement, it is also clear that the firearms were withdrawn as the investigations continue. The purported swearing-in was a gross misconduct for these officers to have attended. We are asking for a little additional time to come up with the answers for the supplementary questions that have arisen. We have also heard from Sen. Khaniri talking about how his security in the village was withdrawn. He should be one of the lucky Kenyans who have security in the village as well as in Nairobi. Most of us do not have that. The point is; he was also at Uhuru Park. So, you cannot attend an illegal swearing-in and then come here to cry that your security has been taken away. As we continue to come up with a more comprehensive answer, that is the baseline. As far as the due process is concerned; a firearm can cause a lot of harm in this country. I am sure national security issues would trump your right for due process. Nonetheless, with time, that will happen as the investigations are concluded and we will come back with a more comprehensive answer. As far as some people who were at Uhuru Park and are not here on this list, I am also a bit confused as to whether the Minority Leader wants to see more of his colleagues’ security withdrawn because they were at Uhuru Park but their names are not here. I am also sure that you know, if you go fishing and you throw a net in the sea, you do not catch all the fish, you catch some. Mr. Speaker, Sir I ask for two weeks and we will be able to come with a more comprehensive answer on the subject.

Order! Order Members! What is your point of order, Sen. Wetangula?

The distinguished lady Senator from Nakuru has made absolutely no attempt to answer or respond to any of the issues raised either by me, Sen. Khaniri, Sen. Mutula Kilonzo Jnr or Sen. Outa. We asked very clear questions on which law was violated, quote the section, the subsection and everything. Mr. Speaker, Sir, be that as it may, seeing and acknowledging the inability to bring an answer that can convince even a kindergarten child, I request the Chairperson to refer this matter to the Standing Committee on National Security, Defence and Foreign Relation so that it can thoroughly investigate this matter and bring a Report to this House. 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.

Hon. Members, I want to ask the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations to get a comprehensive answer in two weeks. It should take into account all the issues that have been raised by the Senate Minority Leader and other Hon. Senators so that we will have less issues being raised from the answers that you will give. So, make it a point to get in touch with the concerned Minister to get a full comprehensive Report.

Mr. Speaker, Sir, I will do that.

Let us have the Chairperson of Standing Committee on Information and Technology to issue a statement.

Mr. Speaker, Sir, the Chairperson and the Vice-Chairperson are not here. So, on behalf of the Committee, I want to request for additional time. At the next sitting, we should be able to give a response to this House.

The Chairperson of Standing Committee on Roads and Transport, the Floor is yours. RAMPANT ROAD ACCIDENTS ON THE NAKURU-ELDORET HIGHWAY

Thank you, Mr. Speaker, Sir. The Committee has received a response to the request for a Statement that was sought by Sen. Naomi Shiyonga Masitsa on Wednesday, 14th February, 2018 regarding the rampant Road accidents on the Nakuru-Eldoret Highway. As I give this response as received, I want to bring to the attention of this House that, indeed, we had received an earlier response which, in the purview of the Committee, we thought it was not satisfactory. Therefore, we sought a better explanation. I received this Statement as I walked to this House. I hope and believe it answers all the matters that were raised by the Senator. Just in case there will be any---

Order Senator. Are you satisfied with the answer? You must own it.

Yes, Mr. Speaker, Sir. I will proceed to read the answer. On Wednesday, 14th February, 2018, Sen. Naomi Shiyonga Masitsa requested a Statement regarding the rampant Road accidents on the Nakuru-Eldoret Highway. In the Statement, the Senator sought the following information: (1) A report indicating:- (a) The number of road accidents that have occurred on the Nakuru- Eldoret Highway, specifically in Salgaa and Sachangwan areas in the last 10 years. (b) The number of fatalities, serious injuries and minor accidents. (2) Reasons for the occurrence of many accidents in this specific area. (3) The measures that the national Government has put in place to curb accidents in this area and other parts of the country. 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): I cannot see the questioner. Do you have any question?

Madam Temporary Speaker, I am the one who asked for the statement. However, I have just received this and I was busy listening to the answer. 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, Sen. Naomi Masitsa. The rules of the House provide that if you are not satisfied with the answers, then you should tell us at the beginning. Members here have read and some of them have listened to the answer and they are ready with their supplementary questions. What I will do is to allow the other Members to ask their questions and then you will ask last. Ordinarily, you should be the first and the last to speak if a statement is replied to. The other Members will have time because there is no provision in our Standing Orders that a question that is not deferred at the initial stage can be deferred midway. Since the answer has been given, it becomes the property of the House. So, other Members will have the opportunity to ask supplementary questions and then you will speak last. Hon. Members, I want you to note that Standing Order No.46 provides for Senators’ Statement Hour, which should not start later than 3.00 p.m. Since it is now 4.00 p.m., I will just allow a few questions, so that we can continue with the business of the day. That means I will defer some of the statements but I will tell you when the answers will be provided. I will now allow the Senate Minority Leader to have the Floor.

Hon. Members who are consulting should do it in low tones so that we listen to the Senate Minority Leader.

They are not consulting but giggling and laughing.

Madam Temporary Speaker, road accidents in this country have been very costly in terms of human lives and loss of property. There is a particular blackspot between Salgaa and Sachangwan. You may remember that Sachangwan is notoriously known for over 100 people perishing in a bonfire after a trailer ferrying fuel crashed and caught fire. There is a big monument for a mass grave there. Recently, the President ordered the National Transport and Safety Authority (NTSA) officials off the roads and I laud him for that. Could the Chairman tell this House the contribution of the NTSA to the series of accidents between Sachangwan and Salgaa? We have it on record that more than three or four times, vehicles crashed causing loss of lives because the NTSA officers were physically chasing drivers. We understand the reason for chasing them was not to find out whether they were driving properly or not but to “harvest” some tolls from the drivers. Could the Chair 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): Point made!

Let me just finish. Some people like myself, Sen. Poghisio and others drive to western. As you drive, you will see police officers openly collecting money from drivers. This is what contributes to the malady of accidents. Can the Government come down heavy on road indiscipline to save Kenyans from being maimed and losing lives and property?

Madam Temporary Speaker, mine is to seek directions from you. Could we have it as a practice in future that statements are circulated? I was trying to reach out for the statements but I am told the practice of this Senate is that a statement is always supplied to the Chair to answer and the Member who requested for the statement. I urge that you consider directing that in future statements are circulated so that Members can intervene accordingly.

(Sen. (Prof.) Kamar): Thank you for the comment although it is not a supplementary question. I urge Members to take note that supplementary questions are supplementary questions and you should not diverge. For the sake of Sen. Pareno, anything on the Order Paper is always found in the Journals Room. If you want a statement or a Bill, you can always get it from there.

Thank you, Madam Temporary Speaker. As a supplementary question to the Committee on Roads and Transport, I have not heard him mention anything about the road design. I know quite a number of Senators who use that road and some of our people have perished there. We laud the President for withdrawing the National Transport and Safety Authority (NTSA) officials from the roads. Finally, since I come from a community where we believe in extra powerful powers, could the Committee allow us to do some atonement at the black spot so that we can save Kenyans’ lives?

Thank you, Madam Temporary Speaker. I listened to the responses and something struck me, which I would wish the Chairperson of the Committee on Roads and Transport looks into. We have been told how the roads would be improved to reduce accidents, especially on that particular black spot and others spread around the country. I was among the people who accompanied retired President Mwai Kibaki to the burial of 100 people who perished there. But this is not the only black spot in the country, and this is my concern. With the frequent accidents happening there, could the Ministry of Roads and Infrastructure go and find out whether there is something wrong with the road design, which is actually causing the accidents? Perhaps when the drivers are approaching this particular spot, they are not able to see the oncoming traffic from a distance. Therefore, when they come here and say that there is a contract for maintenance, this may not address the issue. There have been accidents in this one particular spot consistently and, therefore, there is need for research to see whether the original road design is defective. We should not just deal with the road as it is. Thank you, Madam Temporary Speaker. 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 also wish to add a supplementary question, especially on the road design of the Salgaa/Kibunja Road. We have heard about the measures that will be taken to help reduce these accidents and I have previously been informed that the construction of a dual carriageway would commence very soon. So, I would like to request the Committee to get us an answer, first, on whether that is going to happen. I believe a dual carriageway will probably solve this problem because we have had a lot of deaths in that area. So, if we can have traffic flowing on the dual carriageway, then that would help solve this problem. Secondly, is there a budget for that? Thirdly, when is it commencing? Additionally, what else does the Government intend to do as far as the design of that road is concerned to help to reduce these deaths? I also noticed that since the President ordered the withdrawal of the NTSA officials from the roads, it seemed like the accidents stopped instantly. So, I am not really sure what is going on. The Committee should, therefore, tell us why in the months of November and December, we had so many deaths and then, suddenly, the first of January hits and we are good. So, we are happy that, that is happening; but I am also just wondering about what is really going on.

(Sen. (Prof.) Kamar): Thank you. I had promised you, Sen. Shiyonga; I do not know whether you would like to take the next opportunity; or should we go back to the Chairperson?

Thank you very much, Madam Temporary Speaker. I have taken time to go through the responses and some of the questions have actually been answered to my satisfaction. However, I have not heard a lot coming from the Government side, considering lives have been taken and these lives will not come back. So, looking at the answers that have been given, I request the Chairperson of the Committee to revisit the question on what the Government is doing in order to drastically reduce the number of accidents at this particular spot. Madam Temporary Speaker, I support what my colleagues have said about improvement of the road design and the call for more action by the Government in order to tame road carnage on this spot. The ‘Saligaa’ spot along the Eldoret/Nakuru Road has gone down in history for leading in the number of deaths caused by accidents---

It is ‘Salgaa,’ not ‘Saligaa.’

I am sorry; it is Salgaa and not ‘Saligaa.’ Sen. Wetangula, pronunciation depends on where one comes from. I hope you come from the same place. 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): Thank you. Proceed, Chairperson.

Thank you, Madam Temporary Speaker. I have noted the supplementary questions that have been raised by hon. Members. Certainly, the Committee on Roads and Transport will have to seek further answers from the relevant Ministry for some of the questions raised. This is specifically on the questions asked by the Senate Minority Leader about the contributions that have been made by the NTSA previously in those accidents and also on the elimination of corruption on our roads. It is certainly a concern of every Kenyan that corruption has continued to be one of the leading and key underlying causes of road accidents. Therefore, we will seek to get that answer alongside the others on what the Ministry is specifically doing. The question on road design has been raised by three Senators. I will also seek to get an answer on that as well as the question on whether there is something wrong with the design of that section that has been the cause of accidents. Finally, the question about upgrading the section to a dual carriageway has been answered. I read out that the programmed dualling of this road will cost Ksh870 million. That also includes installing what the Ministry is calling ‘a new jersey crash barrier,’ which will reduce the accidents by about 90 per cent. This is because it is the view of the Ministry that most of the accidents that have been occurring there are head-on collisions. In this reply, I said that the Kenya National Highways Authority (KeNHA) is procuring Public Private Partnership (PPP) contract with a view of dualling part of Rironi-Mau Summit Road. Rironi-Mau Summit Road is a long stretch. Indeed, it covers almost the entire road from Rironi all the way past Salgaa and Sachang’wan because that is almost as far as the junction to Kericho. Therefore, the question on dualling should be taken care of by that. With your indulgence, I request that we be given two weeks for us to ensure that the answers that will come here will meet the threshold of the expectations of the Senators in terms of sufficiency and quality. Two weeks will be sufficient for us to get the extra information.

(Sen. (Prof.) Kamar): Thank you, Chair. We will give you the two weeks, but I would like to encourage Chairpersons to be thorough before they bring statements in round one. This is because there is a huge backlog of questions. The Chairpersons should try as much as possible to give us as much information as possible in round one. Hon. Senators, that brings us to the end of Statements time. I had said that we will try as much as possible to end around 4.00p.m., because statements are supposed to take an hour. We will now move to the next Order. 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): This Motion was already under debate and it was interrupted yesterday. We had reached at that point where the Mover was to reply. I now call upon the Senate Majority Leader to reply.

Thank you Madam Temporary Speaker. I want to thank the Hon. Members who made contributions to this Motion. This Policy document is laudable. I want to congratulate Prof. Kaimenyi, who was the Cabinet Secretary (CS) in the Ministry, for the work he did in so far as policy positions are concerned. This policy document is very important. It mirrors what devolution is all about; the fact that there must be consultation and co-operation between the National and county governments to solve this problem. The problem of slums and their prevention is very critical. In fact, what we should be dealing with now is slum prevention because we already have enough slums that we are trying to eradicate. The problem is that we are not doing enough to stop the mushrooming of new slums. The Policy provides for the person responsible for that. Sadly, county governments are sleeping on the job. If you go to many parts of Nairobi, new slums are coming up. I am told that it is usually collusion between unscrupulous business people and land brokers in town. Also, whenever there is infighting among some people, they get people from a slum area and move them to another slum area. They tell them to construct their structures. It is a shame because if you look at some places in Nairobi right now, it is a disaster. Therefore, there is urgent need for us to relook at the legal framework as the policy statement says. This is because the complexity as provided for in this policy between land ownership, persons who own the houses in the slums and the persons who are living in those houses, is making slum upgrading to become a complicated process. Sadly, we are told that when they started the slum upgrading programme in Kibera, those who were moved to the new houses preferred leasing out or selling them and then going back to the slum. This is because it is cheaper and better to make more money from selling the house and then go back to the previous life. I think we need to change this situation. 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): Thank you, Senate Majority Leader. Now that the debate is over, we will defer the putting of the question to Wednesday, 7th March, 2018.

Next Order!

Thank you Madam Temporary Speaker. I had earlier consulted with the Speaker and we had agreed that we should postpone this Bill to Wednesday next week, awaiting the Report of the Committee.

(Sen. (Prof.) Kamar): Thank you very much. We had gotten that information, but wanted it to go on record. The Bill is deferred to Wednesday, 7th March, 2018.

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.

Madam Temporary Speaker, I rise to move that the County Boundaries Bill (Senate Bills No. 11 of 2017) be now read a Second Time. This is a very important Bill and I will explain briefly. In 2015, I moved a Motion that the Committee on Legal Affairs and Human Rights considers drafting a Bill that would anchor our counties in law. My dear colleagues, the counties are specifically provided for both in the Schedule and Article 6 of the Constitution of Kenya. For the avoidance of doubt, the Committee of Experts stated the following with regard to counties:- “For the unit of county governments, districts enacted in 1992 by the District and Provinces Act were adopted as proposed counties. It was necessary to establish units of devolved government that could be effective for this purpose. This and the fact that they were lawfully recognised as administrative units, explains the adoption of the 1992 districts”. The Constitution provided for a review of boundaries by a specialised commission. The object of including these units of devolution as it is in the draft was to provide a starting point for a new dispensation of devolved units. But the boundaries of the devolved units could then be altered in accordance with the procedures provided. It is to be noted that whereas the Electoral Boundaries will be reviewed and could change periodically, those for the counties as units of devolution would not change regularly.” Madam Temporary Speaker, the law as it is and as I have quoted the Committee of Experts, our counties are anchored on the Districts and Provinces Act of Cap 105A which describes every county of the 47 counties in terms of their location and boundaries from County No. 1 to No. 47. So, to say this, there is a legal lacuna; we do not have counties’ boundaries or counties established in law. The main purpose of this Bill which you will find at the end is to repeal the Districts and Provinces Act of Cap 105A to provide the districts to be converted to counties. The basis upon which the Standing Committee on Justice, Legal Affairs and Human Rights thought of this Bill is that, at the time we were drafting this Bill, there were disputes upon disputes. When the Governor for Meru County was a Senator, he proposed a task force while he was here to determine the dispute between Meru and Isiolo. The result was a bloody dispute that left more than ten people dead. At that time, we recognised that there was no process for altering any boundary of the counties. I am happy to say that the court has finally found that the Standing Committee on Justice, Legal Affairs and Human Rights was right. The only way to touch a boundary, if there is a dispute, is through Article 188 of the Constitution which specifies how you will do it. The first thing would be to anchor the 1992 Act in a law as it is. Many Senators have asked me and said that they oppose my Bill. I asked them why? They said that the boundaries I have put in my Bill are not lawful and that they do not recognise them. I told them that I was not the one who did it and referred them to the 1992 Act which 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.

On a point of order, Madam Temporary Speaker.

What is your point of order?

Madam Temporary Speaker, I seek your direction on this Bill. Is it in order for the hon. Senator to bring this Bill, notwithstanding the fact that the matter has not been considered by the Committee that is concerned? I imagine that once he moves the Bill, the second stage will be to second it. It will then be opened up for debate. I thought that this is the stage where the Committee brings a report stating whether the Bill ought to be supported or defeated. I seek your direction as to whether he can proceed, notwithstanding there is no Committee report?

Please allow him to go through the Bill. 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.

.: Madam Temporary Speaker, I can help you a bit. He was not in the House yesterday. It was agreed through an intervention by the Senate Minority Leader that a Bill similar to this one will not go to Division and the Mover will not reply until the Committee submits its report. There will be no replying and we will wait for the Committee to give its report.

Continue, Sen. Mutula Kilonzo Jnr.

.: Thank you, Madam Temporary Speaker. I was in Clause 17 where the President may approve a period which we have given the discretion for extension. It is from the report on the degistration of counties that we realised that we do not want to be put in a cold sack simply because there is no timeline; the President cannot receive the report and we cannot act. Madam Temporary Speaker, I had gone through Part Four on the alteration of county boundaries. However, I would like to note that Clause 18 states the qualifications of the person who will bring the Petition and what the Speaker will do. Clause 20 states that the Petition will go to the Independent Electoral and Boundaries Commission (IEBC) to confirm. Clause 21 speaks of the formation of the Special Committee which will have three jurisdictions:- (i) To determine that this matter should go to mediation; (ii) Establishment of a Commission to determine the alteration of the boundary; (iii) To determine that there is nothing that needs to be done. If it recommends in (i) that there is mediation, the Senate shall within seven days, revert this to a Special Committee and report. If it does not recommend anything, there will be no further proceedings. We have given these three jurisdictions to a Special Committee of the Senate. If it is returned as stated in Clause 22 and the Senate approves the mediation as appropriate, the Speaker shall, within seven days forward the resolution to the President for the establishment of mediation or approves the recommendation of a Special Committee for establishment of the Commission. Madam Temporary Speaker, according to Article 188 (1) (a) and (b), this matter cannot be resolved without the concurrence of the National Assembly. Under Clause 23, we have provided that the National Assembly shall consider a report under Clause 22. Clause 24 on Independent County Boundaries Commission is where the rubber meets the road. Whenever Parliament under this Act and Clause 23 resolves that an independent county boundary commission is established, the President shall establish a Commission under Clause 24. I borrowed this from a Commission that was established in 1962 called the Regional Boundaries Commission. That is the Commission that came out with regions. In 1962, Kenya had seven regions. In fact, on reading the report of this 1962 Commission, some of the boundaries that are in the 1992 Act were adopted by this Commission before Independence. So, that is where I have borrowed this Commission from. We had another one but it was on delimitation of constituencies. As I said, we have removed our jurisdiction on constituencies. We are only left with the ones of counties. That is where this Commission comes 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.

Madam Temporary Speaker, I congratulate the distinguished Senator for Makueni County for a job well done and for ably moving the Bill. I remember the precursor to this Bill was a Motion that I also seconded the distinguished Senator in the last Parliament. It was informed by the fact that we have a lacuna in the law and the Constitution provides a framework that will then have to be developed into law. Article 188 of the Constitution makes reference to alteration of county boundaries and stops there. So, this Bill, now gives meaning to the provisions of Article 188 of the Constitution. I will adopt in totality the salient technical details that the Mover has gone through and put on record and urge this House to support this Bill. If you look around the country, there are several flash points between counties on the issue of boundaries. Right from where I come from, we have a flash point between Busia and Bungoma counties in an area called Malakisi, more particularly, Changara. We have a flash point between your County of Kisumu and Vihiga County in Maseno. In fact, a question has come to this Floor more than once by the distinguished Senator for Vihiga County. We also have a flash point between your County of Kisumu and Kericho County and arguments about boundaries. We have issues between Kajiado and Makueni counties and, Kajiado and Machakos counties. As we speak, the county of the distinguished Senator for Laikipia is embroiled in an argument with Nyandarua County over their headquarters. We also know there is an argument between Nyeri and Laikipia counties. There is an argument that nearly led to some physical and armed confrontation between Meru and Isiolo counties and many other places. Madam Temporary Speaker, this Senate, as a custodian of the interests of counties, we owe it to the country to engineer a law that will have an orderly resolution of this boundary disputes. Even where the people are the same in terms of communities, ethnicity and so on, we still have those arguments. Boundaries generate very difficult relationships even between brothers. Unless there is an orderly resolution to such issues, the outcome can be quite chaotic. We have, for example, the metropolitan set up of Nairobi County. How does it relate in terms of boundary with Kajiado, Machakos and Kiambu counties?. All these need a mechanism of addressing how to deal with these boundary disputes. For example, in the case of Konza City, you saw the comedy between the governors of Makueni and Machakos counties, where they went to address the people and none of them would want to make the address on a podium labeled the other’s county. So, Gov. Mutua would come and address the people with a podium labeled Machakos County. When he finishes, they carry it away and bring another one for Gov. Kibwana to address, labeled Makueni County. This is because both Makueni and Machakos have a claim on Konza, not to mention that Kajiado County is also waiting on the wings, claiming Konza City. As a country that must be at peace with itself, a country even whatever politics we play, some of us believe 100 per cent in the unitary State called Kenya. The misbehavior of politicians and the politics of the country notwithstanding, we believe that this country 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.

Madam Temporary Speaker, I do not drink.

Madam Temporary Speaker, I did not say alcohol; I said, ‘a drink.’ I am sure you drink water; I can see a bottle of water in front of you. People out there do not know that we relate well. The moment you insult Sen. Poghisio, you have insulted the people who elected him and they will rise up. Passing this law is, therefore, a stitch in time that will save nine. The other day I heard some angry retorts from my colleagues across the Floor. This Bill is not about Sen. Mutula Kilonzo Jnr., the National Super Alliance (NASA) or Wiper Party, but the country called Kenya. Even between Trans Nzoia and West Pokot counties we have issues to straighten out. We have issues to straighten between West Pokot and Elgeyo-Marakwet and Turkana. As more oil is being discovered in Turkana, the Pokots are realising that their boundaries have been shrank. They want it to be where they can also have the piece of the cake. Madam Temporary Speaker, I was talking to Sen. Pareno and she says that in her county, they have issues with Nairobi, Makueni and Machakos, where they believe Export Processing Zone should be in Kajiado. They have issues with Taita-Taveta they believe the mines should be in Kajiado and not Taita Taveta. They will soon have issues with Tanzania.

In 1918, in a fit of excitement, the queen of England took our mountain and gave it to Tanzania as a birthday gift to Prince Ferdinand of Germany. Africa has been raped by all manner of people. A whole Mt. Kilimanjaro, if you look at the map between Kenya and Tanzania, it is a straight line and when it gets to Mt. Kilimanjaro it detours and curves the mountain into Tanzania and then goes on a straight line again. This was a birthday gift by the queen of England to Prince Ferdinand of Germany. In an excitement 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. Kang’ata.

Thank you, Madam Temporary Speaker. I rise to give my views on this Bill. Firstly, I congratulate my friend, Sen. Mutula Kilonzo Jnr. for having found time and done a very good job of coming up with this Bill to that extent I am quite happy. 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.

I would like to persuade Members to line up to debate on this Bill because it is very important.

Madam Temporary Speaker, I am shocked that we managed to go through the Eleventh Parliament without this Bill because it is anchored in articles 96 and 188 of the Constitution. There is no jurisdiction in this world that can legislate on counties without having clarity on boundaries. Probably we did that on the basis of 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, Madam Temporary Speaker. I rise to support this Bill but with a lot of caution. In my opinion, the area of boundaries is sensitive, considering what has been going on in the country. I am happy that after this, the Bill would go through public participation where the citizens will have a say in what we are going to pass in this Senate. Going through the presentation made by the Mover, he ensured that he has put stringent measures to ensure that we do not just change boundaries. In fact, at one point, I was wondering whether we should call it alteration or formation of boundaries. Traditionally, we know where the boundaries are in some way. I said this is a sensitive area to me because you might go and touch those boundaries and it sparks off a lot of conflict between one county and another. I will give an example of Sen. Mutula Kilonzo Jnr.’s Makueni County and Kajiado County. Two years back, there was a map that circulated showing some boundary alterations between Kajiado County and Makueni County and it was a nightmare. I remember within a week we had all sorts of threats and war drums between the two counties. As leaders of those counties, together with Sen. Mutula Kilonzo Jnr., we had a very urgent meeting to discuss the situation. We had to cool the temperatures and told the people that they cannot dare raise a finger against anybody and should bring their grievances to the authorities who will deal with the issue. This was sparked off by a mere boundary map that was presented to the Senator of Makueni County and at that time he did not realise that in Kajiado County, there have been several boundaries in existence over the years. So, you might go and say that we are going to alter a boundary but actually end up altering an original boundary that displaces a lot of things. Alternatively, you might go alter boundaries and you do not know that there are several fraudulent boundaries that are in existence. In the case where we had to talk to the people, we were informed about three or more boundaries since independence. Madam Temporary Speaker, at one point, we were informed that the boundary between Makueni, Machakos and Kajiado counties was Mombasa Road. At another point the boundary was the railway line. There was somebody with another map that shows another boundary that is fraudulent. Further, we were even informed that the Economic Processing Zone (EPZ) was actually in Kajiado County but because of boundary alterations, it has gone to Machakos County. Those issues are very sensitive and can cause a lot of friction between our citizens. Therefore, this is a Bill that is geared towards the right direction if we guide it 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. I would like to ask Sen. Ndwiga to go back to the Bar and bow.

Continue, Senator.

Madam Temporary Speaker, I was saying that the Constitution is superior to the law that we are making. Article 188 of the Constitution gives this Parliament powers. However, Clause 5 of this Bill proposes that this Parliament goes ahead and takes back the issues of land to the presidency. In fact, we go further to even ask the President to nominate members of a Mediation Committee. Considering the history of land matters in this country, that should not be the case. Our history is replete with directives from the presidency where land has been misappropriated, people aggrieved and that is why we are talking about historical injustices. Why did we, in our Constitution, create the National Land Commission (NLC)? We created it to address all the land issues in this country. To me, this is the Commission that should be given more powers to address land matters. We were trying to remove land issues from the Presidency and the Executive so that it is handled by an independent Commission. Sen. Kang'ata indicated that we can give it to the Independent Electoral and Boundaries Commission (IEBC). However, having in mind the performance of the current IEBC and its predecessors, I think we would better make use of the NLC, which has been created by the Constitution to address land matters in this country. We are talking about historical injustices over boundaries and ownership of land and we have a constitutional commission in place. We can look at how we can relate this Bill with the functions of the National Land Commission. Madam Temporary Speaker, I am happy with a provision that says that we can only ask for boundary alteration, although I am suggesting that we should also consider 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.

Very well. Proceed, Sen. Mwaruma Joseph from Taita Taveta.

Thank you Madam Temporary Speaker. I am Sen. Johnes Mwaruma and not Joseph. Madam Temporary Speaker, I stand in support of this Bill. It is a very important Bill because it sets a framework for resolving boundary issues. This Bill operationalizes 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. Kasanga.

Thank you, Madam Temporary Speaker. I want to support this Bill and agree with my fellow Senators that this Bill is long overdue. Knowing Kenyans and how we are very particular about our boundaries even in our small pieces of land, it goes without saying that, definitely, our counties need this definition. At the same time, I want to agree with my Senator, who is right here next to me, that indeed there is some work yet to be done on it. The issue of verifying should come to the forefront. Just like the other Senators had mentioned, indeed it is important that, ahead of discussions on this Bill, we need these boundaries to be shared out. The discussions should be held before hand so that whatever issues that are there in the descriptions and the definitions, they can be addressed as we finalise with fine tuning the Bill. Madam Temporary Speaker, I am particularly happy about the dispute resolution clause that has been included here. First, it is because I am very passionate about it. Secondly, it is because there is a lot of clarity that has been defined in the drafting of this Bill. So, I would want to commend the Senator for Makueni County for the good job and that indeed with fine tuning, I absolutely support the Bill. Thank you, Madam Temporary Speaker.

Any other interests? Yes, Sen. Omogeni.

Thank you, Madam Temporary Speaker. I also rise to support this initiative of this Bill that should deal with the boundaries of our counties. I have heard a glimpse of the contents of the Bill. First, I want to congratulate the Mover of this Bill 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.

Hon. Senators, it is now 6.24 p.m. Pursuant to Standing Order 31(2) and for the convenience of the Senate, I interrupt the Business of the Senate. The Senate, therefore, stands adjourned until Tuesday, 6th March, 2018, at 2.30 p.m. The Senate rose at 6.25 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.