Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Wednesday, 7th March, 2018:- THE TRAFFIC (AMENDMENT) (NO. 3) RULES, 2017 The Traffic (Amendment) (No. 3) Rules, 2017 REPORT ON THE FINANCIAL STATEMENT OF MATUNGULU - KANGUNDO WATER COMPANY Report of the Auditor-General on the Financial Statement of Matungulu- Kangundo Water and Sewerage Company Limited for the year ended 30 June, 2016. REPORT ON THE FINANCIAL STATEMENT OF MARSABIT COUNTY EXECUTIVE SOCIAL PROTECTION FUND Report of the Auditor-General on the Financial Statement of Marsabit County Executive Social Protection fund for the year ended 30 June, 2016.

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.

Mr. Speaker, Sir, I beg to give notice of the following Motion on the establishment of an Ad hoc Committee to investigate and propose solutions to the challenges faced in the tea sector in our country:- AWARE that Kenya is the third leading producer of black tea in the world, accounting for about 10 per cent of the total world tea production; COGNIZANT that tea contributes 4 per cent of Kenya’s GDP and 26 per cent of the country’s export earnings; FURTHER AWARE that the tea industry in Kenya supports close to 600,000 small-scale farmers and provides direct or indirect employment to over two million Kenyans; REALIZING that despite tea being Kenya’s most important cash crop, the Kenyan tea farmers, who are mainly small-scale farmers spread over fourteen counties, continue to receive a disproportionate return for the resources and time they put in tea production; FURTHER ACKNOWLEDGING that the sector continues to face numerous other challenges which require urgent intervention to ensure that this critical sector thrives for the benefit of our economy; CONCERNED that the current situation, if left unchecked, may lead to the collapse of this critical sector of Kenya’s economy and great loss to the nation, investors and the Kenyan taxpayers; NOW, THEREFORE, the Senate resolves to establish a Select Committee to conduct an inquiry into the challenges facing the tea sector in Kenya and to submit a Report to the Senate within five months, with specific legislative and policy interventions to address the problems facing the tea sector in Kenya; AND FURTHER; that the following Senators be appointed to the Select Committee:- (1) Sen. Irungu Kang’ata, MP; (2) Sen. (Dr.) Christopher Lang’at, MP; (3) Sen. Samson Cherargei, MP; (4) Sen. Cleophas Malalah, MP; (5) Sen. (Prof.) Sam Ongeri, EHG, MP; (6) Sen. Njeru Ndwiga, EGH, MP; (7) Sen. George Khaniri, MGH, MP; (8) Sen. Aaron Cheruiyot, MP; and, (9) Sen. Mercy Chebeni, MP.

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.

Where is Sen. Anwar Loitiptip? Please, proceed, Sen. Johnes Mwaruma. STATUS OF COMMUNITY RANCHES IN TAITA-TAVETA COUNTY

Mr. Speaker, Sir, I stand pursuant to Standing Order No.46(2)(b) to seek a Statement from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources on the status of community ranches in Taita- Taveta. In the statement, the Chairperson should:- (1)Explain the status of all community ranches in Taita-Taveta County in terms of size, current use and lease status, indicating the ranches whose land has been subdivided and sold and those that are under the management of private cooperatives. (2)Outline the legal procedure for opening up membership of the community ranches to new members. (3)Explain the process of reversing back to the community the ranches whose land has been subdivided and sold or are under use by private cooperatives. (4)Indicate the process of acquiring tittle deeds for the community ranches and the number of tittle deeds acquired so far. Mr. Speaker, Sir, I have another statement.

Hold on so that we can get a response from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources. Can we get an undertaking from the Chairperson or a Member of the Committee?

Mr. Speaker, Sir, on behalf of the Chairperson of the Standing Committee on Lands, Environment and Natural Resources, I undertake to give a response to the Statement in two weeks.

Is that okay, Sen. Mwaruma?

Mr. Speaker, Sir, that is okay.

Proceed with your second statement. MANAGEMENT AND OPERATIONS OF TSAVO NATIONAL PARK

Mr. Speaker, Sir, I stand pursuant to Standing Order No.46 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Tourism, Trade and Industrialization on the management and operations of the Tsavo National Park. In the Statement, the Chairperson should:- (1)State the average number of tourists who visit the Tsavo National Park in a year for the last three years. (2)Indicate the total number of hotels in the park, their total capacity and the annual revenue collected by the national and county governments, respectively, from the tourism activities in the park. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Can we get an undertaking from the Chairperson or Member of the Committee on Tourism, Trade and Industrialization.

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

Is that okay, Sen. Mwaruma?

Mr. Speaker, Sir, that is okay. I have another statement.

Please, proceed. ENCROACHMENT ON PRIVATE LAND AT IKANGA, TAITA-TAVETA COUNTY BY KAA

Mr. Speaker, Sir, I stand pursuant to Standing Order No.46(2)(b) to seek a Statement from the Chairperson of the Standing Committee on Lands, Environment and Natural Resources on the encroachment of private land at Ikanga, Taita Taveta County by the Kenya Airports Authority (KAA). In the Statement, the Chairperson should: (1)Explain the circumstances under which private land at Ikanga was allegedly encroached by the KAA for expansion of the Ikanga Airstrip. (2)Indicate whether there was consultation between the land owners and the KAA over the acquisition of the private land by the KAA and the terms that were agreed on, if any. (3)Indicate whether the said land had tittle deeds and state the number of persons whose land was taken, the total acreage of the land and when the Government is planning to compensate them. (4)Explain why the access road to other private plots beyond the airstrip has been blocked. (5)Table a report of National Environment Management Authority (NEMA) on the Environmental Impact Assessment (EIA) that was carried out before commencing the expansion of the Ikanga Airstrip. Thank you.

Can we get an undertaking from the Chairperson or a Member of the Committee?

Thank you, Mr. Speaker, Sir. Once again, I stand in for my Chairperson. I undertake to respond to his statement in two weeks’ time.

Is two weeks okay with you?

Mr. Speaker, Sir, it is okay

Sen. Loitiptip, you may take the Floor. DELAY IN UPGRADING THE LAMU–GARSEN ROAD

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 Energy, Roads and Transportation on the delay in upgrading of the Lamu-Garsen Road. In the statement, the Chairperson should: (1)Explain why the upgrading of Lamu-Garsen road to Bitumen standards that was launched two years ago has stagnated. (2) State the amount of money that has been allocated to the project in the last two financial years. (3)Explain why the contractor has not cleared bushes and thickets along the road, hence obscuring the road users and providing a fertile hideout for persons with intentions of attacking road users. (4)Confirm if the contractor is using substandard material for construction of the road and whether the standard of material being used is what was agreed upon in the tender documentation. (5)Explain the Government policy on treatment and remuneration of casual labourers working on road construction sites. (6)State the contents of contracts signed between the workers and the contractor if any and explain why the contractor, H-Young, has been mistreating the workers by giving them poor remuneration, overworking them and failing to pay them risk allowance, given the security situation along the said road. (7)Explain what action the Government will take to ensure that the road construction is resumed and completed within the set timelines; that the road is of good standard and that workers on the construction site are remunerated and treated as required by law.

Where is the Chairperson or Vice Chairperson of the Committee on Energy, Roads and Transport?

Vice Chairperson, you have just walked in and there is a question by Sen. Loitiptip.

Sorry, Mr. Speaker, Sir. I did not get the question. I do not know how intensive it is.

Sen. Lelegwe, you are a Member of the Committee. Since the Vice Chairperson has just walked in, give an undertaking when the statement will be issued.

Thank you, Mr. Speaker, Sir. On behalf of the Chairperson and the Committee, I undertake to give the response in the next two weeks.

Is that okay?

Mr. Speaker, Sir, technically, I have to accept that. 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 Health, regarding a missing patient from Coptic Hospital, Nairobi City County. In the statement, the Chairperson should explain: (1)The circumstances that led to the disappearance of the patient by the name, Samuel Lemeloi Shonko, from Coptic Hospital in Nairobi City County on 11th September, 2016; (2)The policy of the Government on duty of care for the safety of patients; (3)Whether there is a compensation policy by hospitals for the next of kin of missing patients; and, (4)The measures that the hospital has taken in trying to trace the patient and the measures that the Government has taken against the Hospital.

Where is the Chairperson, Vice Chairperson or a Member of the Committee on Health? The Senate Majority Leader, could you take that?

Mr. Speaker, Sir, I sympathise with the Senator for Kajiado County. I have heard the issues that he has raised in so far as the Government policy of protection of its citizens, whether they are in private or public hospitals. So, I will pass the message to the Chairperson. Since it is an urgent issue, hopefully, they can provide an answer within one week because it is straightforward to go to Ngong’ Road and get the information from the hospital.

Is that okay, Senator?

Mr. Speaker, Sir, that is okay.

Sen. Prengei, it is your turn now. YOUTH UNEMPLOYMENT IN KENYA

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 Labour and Social Welfare on the massive youth unemployment in Kenya. In the statement, the Chairperson should: (1)State the percentage of the youth population in Kenya and the rate of youth unemployment; (2)State the measures that the Government has put in place to ensure that vocational, technical institutes and higher institutions of learning avail training that is competitive and relevant to the job market; (3)Explain the factors that are contributing to high youth unemployment rate in Kenya; and, (4)Explain the practical measures that the Government has put in place to curb the rising youth unemployment and indicate the percentage of youth that have been employed as a result of the measures in 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.

Where is the Chairperson of the Committee on Social Welfare?

Thank you, Mr. Speaker, Sir. The questions asked are questions of fact; that is, youth population and percentage of unemployment. I can give an answer today. Could I go ahead?

According to the Standing Orders the statement is being requested from the Chairperson of the Committee. What is your intervention, Sen. M. Kajwang’?

Mr. Speaker, Sir, I am a bit worried. Sen. Sakaja is obviously a very well connected Senator within Government. However, he is not in the Executive, but in the Legislature. So, when a Member requests for a statement, it is really an inquisition on Government’s policies towards certain matters. Is he purporting to be Government and has the capacity to respond on behalf of it on the Floor of this House?

He is the Chairperson and the Standing Orders allow him to do so. However, for purposes of having a record for this House, I would ask that he brings the signed response tomorrow.

Mr. Speaker, Sir, if that is the kind of response that is needed, I cannot get it tomorrow. I take your guidance very seriously. However, according to our Standing Orders, a Member can request for a statement from a Chairperson. This statement is not being requested from the Government, but from the Chairperson of the Committee on Labour and Social Welfare, who is Sen. Sakaja. These are issues that are within the public purview. I can give the response.

On a point of order, Mr. Speaker, Sir. I agree with Sen. Sakaja because when Chairpersons are asked questions and go to seek responses and do not get them in time, people complain. When the answer is available, people bring another problem. They should take it.

On a point of order, Mr. Speaker, Sir. The reason why Members are asking here is so that the implementing authority can bring an answer that they can take responsibility for. Now, the issue that Sen. Sakaja has raised is right also. That, if you ask questions that are on the Government website or already existing in Government records, you can answer on the spot. For example, if someone comes here and asks the Chair to confirm whether Parliamentary elections took place last year, you do not need a report from anybody. We are here because there was an election. I am treading very carefully because you are the one who approves these statements. Maybe, Mr. Speaker, Sir, you review your policy of approval so that the part where there is statement of fact; the Members can be assisted to do away with them. Then the questions that relate to happenings that change with time and so forth, come to the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Pareno, I can see you want to make an intervention. Proceed, before Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. I am rising on a point of order. I have noticed as we came in that several Members have been using the exit route to access this House without even bowing to your seat. Is that in order? Three of them have walked in using the exit door.

Sen. Pareno, you are raising a different issue, but it is noted. Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, maybe you need to give directions on this matter. My reading of the Standing Order No.46 (2) (b) confirms that Sen. Haji and Sen. Sakaja are wrong. It reads:- “A Senator may request for a statement from a Committee chairperson relating to matters under the mandate of the Committee.” The statement is asked of the Chairman, but through the Committee. The second portion states that:- “The Speaker may appoint a day for the statement to be made or direct that the statement be issued on the same day.” So, for the statement to be issued in any other form other than the form that is specified, leave must be sought. However, Mr. Speaker, Sir, the Standing Order No.46 (3) says that:- “A Senator who wishes to seek leave to raise a statement under (2) (a) or (b) shall, before 1:00 p.m., on the day on which the Statement is proposed to be made, hand to the Speaker a written notification of the matter.” The answer cannot come in a different format. The Statement that is sought is in writing and therefore, the answer must also come in the same format. Your directions on this matter would be very welcome. Thank you.

Proceed, Sen. Haji.

Mr. Speaker, Sir, we will abide by your ruling, but I disagree completely with my junior here because Standing Order No.46 (2) (b) states:- “A Senator may request for a statement from a Committee chairperson---” He is a Chairperson of that Committee. Therefore, it is under his purview. He is capable of answering it.

Hon. Senators, like I ruled, it seems Sen. Sakaja was ready because the question that was asked seemed to be a question that is in public knowledge. For purposes of the record and since he is not going to ask the Government, I still direct that you provide a written and signed answer by the Chair tomorrow.

Thank you, Mr. Speaker, Sir. That is well guided. I just want to urge that for the precedence of this House, we either clarify that Standing Order or you make it clear by your ruling that the statements that are sought are being sought from the Committee chairpersons on matters under their mandate. It could be a matter that 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.

Agreed, Sen. Sakaja. The answers are given by the chairpersons of the various committees. That is what I was saying; that when they go to seek answers from the Cabinet Secretaries, it is just for the purposes of enriching the answer that they come to give in this House. However, they take responsibility for the answers that they give in the House. Next order is statements to be issued. Proceed, the Senate Majority Leader. DEROGATORY SONG AGAINST THE KAMBA COMMUNITY

Mr. Speaker, Sir, yesterday you ordered that in the interim, I make a response on an issue related to a song that I do not understand. I have only heard that is spreads hate speech against anybody who is a Kamba, and it is purportedly sang by a Kikuyu speaker. It does not mean that they are Kikuyus. I contacted the Inspector General of Police. I did not do it alone, but we did it together with the Vice Chairperson of the Committee, Sen. (Rev.) Naomi Waqo who has even more information. The Inspector General of Police has said that the police have established the identity of the singers. The said singes have run into some hiding, but they are being pursued and they are going to be arrested anytime from now. The second part of the question was whether the information can be pulled down from wherever it is. The Inspector General of Police, himself, told me that it is impossible to pull down the information because it is all over. It is in WhatsApp for people, different blogs and places. It will be impossible to just do it without proper legal mechanisms taking place. The necessary orders will be sought for action once those people are arrested. They are going to be arrested soon. Mr. Speaker, Sir, in his experience as a police officer for over thirty years, the Inspector General of Police told me that the more this issue is also discussed at the highest levels, the more curious people are to receive it. It is circulating in WhatsApp groups. People are asking what the song is all about and so forth. I like what the Senator for Makueni County said on his Facebook. He referred to the message without reposting it on his Facebook. He even cautioned his readers. So that we do not satisfy the bad manners of the singers, he encouraged that there was no need for them to seek it until legal action is done. So, efforts are being made to resolve this issue. If you allow me, the Vice Chairperson can also add one word because she is the one who is going to give the comprehensive answer going forward. Proceed, Sen. (Rev.) Waqo.

I had made a ruling that she will give a comprehensive report on Thursday which is tomorrow. Yours was an interim answer which we ordered that you give today as a stop-gap measure. 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, in that case, I just wanted to confirm to this House that it was not my personal effort alone, but also the chairperson. Secondly, I have also seen information which is in the public domain that this morning the Governor for Nyeri County and the Governor for Machakos County had friendly engagements in Machakos and he also issued a statement on the same matter and encouraged good relations. The Governor for Nyeri County did not have to go all the way to Machakos County because the Senators for Machakos, Kiambu, Nyeri, Murang’a counties are here. They can also do the same to take muthokoi and githeri to be prepared at the restaurant in Parliament and show their supporters that Kambas and Kikuyus can stay together. Thank you.

Mr. Speaker, Sir, the matter is not as simple as it appears. I want to bring to the attention of this House that when our soldiers were attacked in El Adde, those fellows posted on the internet the video of how thy carried out that attack. The Government caused that video to be erased immediately from the internet. Therefore, it is possible to follow the source because the minute you delete the video from there, it then informs any person who is circulating it that they are committing an offence. That is the purpose of doing so. However, to say that it is everywhere and, therefore, you will not do it is actually not in consonance with cyber-crime and fraud which is why I am upset about the Bill that was plagiarised by the National Assembly. It is actually possible to delete a post, video or message. I am aware that the Communications Authority of Kenya (CAK) has a cyber- crime unit that can do that very easily. Therefore, the Senate Majority Leader, should make a step forward than speak to the Inspector General (IG) of police. May be this is not housed at his office at Vigilance House, but find out from the Ministry of Information, Communication and Technology (ICT) through the Cabinet Secretary (CS) Mr. Mucheru whether this is possible. It should be done as an act to demonstrate that the minute one circulates the video after the removal, the person is committing an offence.

Let us have Sen. Wambua.

Mr. Speaker, Sir, it is appalling really to hear that all the police could say was that they are pursuing these two young men who apparently have gone into hiding. I would have expected that the Senate Majority Leader would have come here to tell us that the two offending musicians have already been arrested and appropriately charged. Mr. Speaker, Sir, I do not intend to inflame unnecessary emotions on this matter. However, when a Member of the National Assembly recently uttered words that were interpreted to be an insult to the Head of State, the Member was arrested immediately and charged forthwith. These are two men who have insulted an entire community but the IG is saying that they have gone into hiding. I would seek your guidance on how to progress with the matter---

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

What is your point of order, Sen. Sakaja? 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, is the good Senator in order to mislead this House that there is a Member of Parliament in the Republic of Kenya who has ever been arrested, especially in this term of Parliament for insulting the President? Can he give details on that because there is no Member who has ever been arrested for an insult on the President? He must substantiate and tell us the case. This is because the one we are aware of is a Member who was arrested for assaulting a security guard and I know because I was involved in the rescue mission.

Can you substantiate because you are misleading the Country that if you insult the President, you get arrested immediately unlike when you create hate speech. It is not that we support hate speech. In fact, if anything, those people must be arrested but let us not mislead the country and create more animosity on this issue.

Sen. Wambua can you clarify on the matter---

Mr. Speaker, Sir, this is exactly what I was talking about. It has nothing to do with the politics of Jubilee and the National Super Alliance (NASA) parties. It has nothing to do with---

Senator, we just wanted you to clarify whether it is true. Do not get into the politics---

Mr. Speaker, Sir, Hon. Babu Owino was arrested, I think the same day that he uttered words that I do not want to repeat on the Floor of this House against the President.

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

What is your point of order, Senate Majority leader?

Mr. Speaker, Sir, it is important also to clarify to new Members - nobody is new anymore since we are all past six months - when you say substantiate, it means that you validate the statements you made and their truthfulness either immediately or you bring the evidence at an appointed date than to now take it round.

Hon. Senator, could you ask for more time to---

Mr. Speaker, Sir, can I substantiate on Tuesday?

Order Members, I think it is my prerogative. Do not usurp my powers.

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 oblige. It will be done tomorrow. But I am on a point of order. Having said that, let us go back to the issue that I had raised in my Statement. Does the Senate Majority Leader have the liberty to disclose the names that he was given by the IG and tell us the progress in as far as apprehending these two offending musicians is concerned? On the matter of the Governors of Nyeri and Machakos sitting together and talking, we do that all the time and it has not stopped the two men from doing what they did. I and the people of Kitui, Machakos and Makueni would be happy to know the progress that has been made on these two musicians.

The Senate Majority Leader.

Mr. Speaker, Sir, we have agreed that those two gentlemen - they cannot even be gentlemen - committed obscenities and uttered words that are preaching hatred and there is no doubt about that. As to whether they should be arrested, the first thing was to identify them. If the Senator heard me correctly, I said the IG has confirmed that they have been identified and only an imminent arrest is remaining. In fact, when I asked the IG where they come from and he told me it is not necessary for now because their arrest is imminent. If we can be patient up to Thursday, perhaps by the time when the Chair is coming with the substantive information tomorrow, maybe things will have changed. On the question of pulling down the offending material, while I agree with Sen. Mutula Kilonzo Jnr., there is too much information on social media against the Senator, myself and others which we have been wishing would be pulled down. Mr. Speaker, Sir, you can control some of the information on social media sites but not all. For example, if you look at those videos that we are talking about; the ones that are in the phones through WhatsApp, it is not easy. It is agreeable that the Senator can bring the exact website he wants me to take to the necessary Government enforcement agencies to bring down. However, even if we bring down one today, Sen. Wambua who has been in the media will tell you that you remove one blog today, another useless blogger posts the same and so forth. I think we should focus on dealing with the perpetrators who must be apprehended and punished for their crimes.

We expect a comprehensive answer on Thursday from the Chair of that Committee. Let us now get a response from the Chairperson of the Standing Committee on Finance and Budget on a Statement requested by Sen. Mutula Kilonzo Jnr. STATUS OF THE UWEZO FUND

Mr. Speaker, Sir, it is true that he is a Member of the Committee. I was telling him that he should not request for statements from his Committee Chair. As we go forward we should plan. By the way, we had an understanding in the National Assembly that Members of a Committee should not raise a question to the same Committee they sit in. Having said that, I beg to reply. 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 must first thank my Chairman for seeking and getting these answers in the time that he did. I have two comments. Other than the fact that Kaiti and Makueni appear to have different figures of what has been allocated vis-a-vis what has been loaned out, there are two significant things. During the run up to the 2013 election, Uhuru Kenyatta promised that the money that was set aside for the run off would be given out to women and youth for purposes of their enterprise. It was not meant to be a revolving fund and that is the reason, if you look at the answer in part A, the disbursements have only been made for 2013/2014 and 2015/2016 financial years amounting to Ksh5.8billion only. There is no other figure that has been put in the budget since 2016. Secondly, it is obvious, again, from the repayment rate of 40 per cent for the last three years that this fund has failed. Thirdly, what these officers are now doing is not part of the mandate of the Uwezo Fund. I participated in the drafting of these rules. They go to homes and tell them that they will send their names to the Credit Reference Bureau, remove the iron sheets from their roofs and confiscate their cattle. Could the Chairperson seek a clarification on the repayment portion because we did not envisage that ordinary Kenyans – and they are just women and youth because that is what the Fund is meant for - were supposed to be auctioned for loans of Kshs50,000 and a maximum of Kshs500,000. 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.

Before you clarify, I can see an intervention from Senator Olekina.

Thank you, Mr. Speaker, Sir. Even though I support what Sen. Mutula Kilonzo Jnr. has said, I also want us to be careful that unless we teach responsibility--- Maybe the Chairperson has to clarify whether once this money is loaned to these people, they are taught how to repay. I do not think that we can be giving money and when people default in repayment, we just waive. We want to have a proper culture where people can be taught accountability. If we give money and do not teach people how to account for it then, of course, everyone else will know that when they go to Government they can just be given money. So, the Chairperson should clarify whether there was training on how to account for the money and basic accounting skills. Thank you.

Let us have Sen. Mohamed Yusuf Haji.

Thank you, Mr. Speaker Sir. I also want to add my voice to the concern of Sen. Mutula Kilonzo Jnr. He has talked about mabatis being removed. They have not been removed. But in our case, people bought livestock. Last year there was a drought and they were wiped out. Whatever remained is now finished. As I am talking to you, out of my only investment in this world of 400 cows, I lost 200 cows. You can imagine what became of the people who had only two or three cows. So, we want to know whether the Government will waive the loans. If they waived the Agricultural Finance Corporation (AFC) loans and other loans, these loans should also be waived. Thank you.

Sen. Moses Wetangula.

Mr. Speaker, Sir, could the Chairperson also tell this House and country the following:- (1)Was the disbursement of this money insured? If it was, why is the Government not resorting to insurance where there is absolute failure to pay? (2)Which banks were used to disburse this money, because we know that some politically correct banks, namely, Equity Bank and Family Bank were used to disburse this money? We want to know how much they made as profit out of this money.

On a point of Order Mr. Speaker, Sir.

What is your point of order the Leader of Majority?

Mr. Speaker, Sir, many businesses are brought down because of the recklessness of leaders and individuals, who are in higher offices or have opportunities to bring down private or public companies that 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. Kang’ata, what is your point of order?

Mr. Speaker, Sir, I honestly urge you to demand that the Senate Minority Leader withdraws that statement. I say this because last year there was a bank that collapsed because of some funny information that circulated on Twitter. Therefore, that statement has a lot of impact, particularly when it is made in this honourable House, the Senate. If you do not handle such kind of utterances, we may set off a chain of major reactions that may torpedo very crucial private institutions. I believe that his allegation is not true and he has no evidence to substantiate it. I urge you to order that he substantiates or withdraws, failure to which, you should kick him out of this House.

Order, Members. Sen. Moses Wetangula, I think you just need to talk about banks in the country and not politically correct banks. That is what Members are raising.

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

What is your point of order, Sen. Orengo?

My point of order is to emphasise the point made by the Senate Majority Leader and the Senator for Murang’a County. In being careful about asking questions about banks, may they also ask about governments that borrow and they do not want us to know where they are spending the money that they borrow, which finally puts them in a situation where they cannot give money to counties? Which is worse; the banks or the Government which cannot give money to counties?

Sen. Orengo, you are out of order. The point of order was on the use of the words “banks that are politically correct.”

Mr. Speaker Sir, I am very careful in what I say; I do not speak without facts. I have been in this House long enough to know what to say and when to say it. The Government of the Republic of Kenya, through wananchi and the National Social Security Fund (NSSF), controls the Cooperative Bank. The Government is a critical shareholder in the Kenya Commercial Bank (KCB) and there are other banks in this country which are owned by taxpayers’ money; you and I, and even the complaining Senators. Why would the Government take public funds and channel them through favoured banks? We know this; it has happened many times over. I want to state here and now that Equity Bank and Family Bank are politically correct banks.

On a point of Order Mr. Speaker, Sir.

What is your point of order, Sen. Murkomen? 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, earlier, while discussing in house matters, you spoke about respect, decorum, good manners and behaviour that befits a Senator that serves in the Senate of the Republic of Kenya. I do not know a citizen or a region that is not represented in this Republic where Equity Bank and Family Bank operate. They employ people and improve our economy. In any case, there are principles that govern how business is done. It is about competitiveness, whether it is in bidding or procurement. Can the Senate Minority Leader, therefore, substantiate what he means by singling out two banks, without complaints of the other banks? Is he in order to single out the two banks and call them ‘politically correct’? Can he declare his interest? Is he holding brief on behalf of any bank and what are those interests? Is it monetary?

Mr. Speaker, Sir, as we all know, Equity Bank and Family Bank are widespread in the country. The initial amount required to open a bank account in the two banks is cheaper than most banks. Secondly, we know what Equity Bank is doing. They are paying fees for poor orphans. So, they are playing a role and we do not need to complain about them.

On a point of order, Mr. Speaker, Sir. I thought that at this point we are seeking clarification on the statement that has been brought. Is it in order for us to go into sideshows? I do not know why my colleagues from Jubilee are concerned about Sen. Wetangula mentioning Equity Bank and Family Bank, knowing full well that the Minority side has no capacity for economic sabotage. They told us to boycott those banks and Safaricom but Safaricom is still standing. There is no capacity for economic sabotage.

Order Members! Let us stick to the issues that have been raised, so that the Chair can respond. Sen. Wetangula, you have to finish and desist from labeling some banks as being “politically correct.”

Mr. Speaker, Sir, I want to inform my brother Yusuf Haji, the Senator for Garissa in case he does not know that the money that Equity Bank uses on a programme called Wings to Fly is money from the United Nations (UN) and not from Equity Bank. Not a single shilling of that money is from Equity Bank. In fact, Equity Bank makes a profit out of that programme.

On a point of order, Mr. Speaker, Sir. It is becoming a tradition in this House that Members are raising points of order and with all due respect you are not ruling on them. It is important for the Senate Minority Leader to substantiate or apologise and withdraw.

Point of order!

What is your point of order Sen. Mwaura?

Mr. Speaker, Sir, is the respectable Senate Minority Leader in order to mislead this House that Equity Bank is a “politically correct” bank? I do 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.

On a point of order, Mr. Speaker, Sir. I would like to appeal to you because it is not in order for us to deviate from the main role of this House. Equity Bank is listed on the Nairobi Securities Exchange (NSE) and I believe some of his voters are shareholders in Equity Bank. Is he in order to use this House to sabotage the progress that Kenya has made and the interest of his voters while in this House?

Honourable Members, we must make progress. Sen. Wetangula, you are out of order to label some banks as being “politically correct”. That is not right and I ask you to withdraw and apologise.

Mr. Speaker, Sir, the first point of call should be to require me to substantiate. If I fail, then I can go the route of withdrawing and apologising. I want to promise the Chair that tomorrow at 2.30 p.m., I will be here ahead of even the Speaker and I will put a dossier on this table to show how “politically correct” these two banks are. I will also explain how Minister Amos Kimunya as he then was in Finance, used state money to prop the growth of Equity Bank to where it is. Tomorrow at 2.30 p.m. prompt, I will be here with the documents to substantiate.

On a point of order, Mr. Speaker, Sir. I know you will make a ruling because the Standing Orders allow you to give a Member 24 hours to substantiate and there is no problem with that. As the Senate Minority Leader will be coming to substantiate, could he also come with clear information to this House on which side of the political divide he was with Hon. Kimunya and the role he played in making those banks “politically correct”?

Order Members! Let us come back to the House. According to Standing Order No.34, I direct that Sen. Wetangula tomorrow substantiates the allegations, failure to which I will apply Standing Orders and you will live with the consequences. Let us proceed.

Thank you so much Mr. Speaker, Sir. By all means, I will do so with gusto. Let me finish seeking clarification from the distinguished Senator for Mandera, who is the Chair of my committee and works very hard. Could he also, either today or later, bring to this House a complete detail of all Social Safety Net Funds and how they have been disbursed across counties, from county 001 to county 047? 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. Wetangula, Sen. Mwaura is a nominated Senator representing people living with disability.

Point of order!

Let him conclude.

Order Members! Sen. Mwaura, what is your point order? I hope you are raising a different matter because I have already ruled on that matter.

Mr. Speaker, Sir, you gave us a very good precedent today in our informal setup. This is a House of decorum and every Member must be given the dignity that they so deserve. Is it in order for the Senate Minority Leader ---

Order, Members! Sen. Mwaura, I had made a ruling on that matter. I said that you are a Senator who is representing People Living with Disability (PLWD). Sen. Wetangula, withdraw that statement.

Mr. Speaker, Sir, I have the greatest respect for the distinguished Sen. Mwaura who has been nominated to represent PLWD---

r (Hon. Lusaka): Order! Sen. Wetangula, please, withdraw and apologise.

Mr. Speaker, Sir, some colleagues do not seem to appreciate the rules of debate in this House. I have finished by asking the distinguished Senator either now or later to bring us a list of disbursement of Social Safety Net Funds (SSNF).

I have already done so.

Order, Sen. Mwaura! I have directed that Sen. Wetangula withdraws and apologise to the House.

Mr. Speaker, Sir, HANSARD will bear me out tomorrow that I already did it. However, I can do it again.

Hon. Lusaka): Do it again, Sen. Wetangula.

Mr. Speaker, Sir, I withdrew and apologised. I repeated it. I want to assure hon. Senators that this House is not for the faint-hearted. This House is for men and women made of steel. 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! Let us maintain our decorum. Let us allow the Chairperson of the Standing Committee on Finance and Budget to issue statement.

Sen. Wamatangi, please, take your seat? Let us get a response first and I will give you an opportunity.

On a point of order, Mr. Speaker, Sir. I get a bit disturbed that we have prosecuted our business with points of order. If one point of order leads to another point of order and we are perpetually on points of order, we cannot move. This is basically directed to my own colleagues. Can we, please, find a standard way of getting attention on the point of order? I have seen people raise hands, stand up and raise legs. What are they doing? What is the standard way to get your attention so that we transact business in this House?

Order! There is a button that a Member can press and their name will reflect here. Hon. Members, earlier on in the day I said that the rest of the world is watching what we are doing and the children up here are also watching. We are going to be judged by how we debate and how we conduct ourselves in this House. The Chairperson of the Committee on Budget and Finance, you can proceed.

Sen. Mutula Kilonzo Jnr., can follow up with the Chairperson on other areas that need clarification. We can now hear from the Chairperson of the Standing Committee on National Security, Defence and Foreign Affairs. ARREST AND DEPORTATION OF MR. MIGUNA MIGUNA

Thank you, Mr. Speaker, Sir. To save on time, I will skip what the Hon. Senators had asked and go straight to the answer. I wish to state as follows: Following the 30th January, 2018, administration of oath - to commit a capital offence, namely; treason, contrary to Section 59(a) of the Penal Code at Uhuru Park Nairobi, a search warrant was obtained at Milimani Law Courts, Nairobi on 1st February, 2018. On 2nd February, 2018, the warrant was executed and Miguna Miguna was arrested from his Runda residence for commission of the above offence. On the 6th day of February, 2018, he was arraigned before the Resident Magistrate Kajiado Court and charged with the following offences:- (1) Count 1: Being present and consenting to the administration of an oath - to commit a capital offence namely treason contrary to Section 59 (a) of the Penal Code; (2) Count 2: Taking part in an unlawful assembly, contrary to Section 5 (11) of the Public Order Act, Cap 56 Laws of Kenya; (3) Count 3: Engaging in organized criminal activity, contrary to Section 4 (1) of the Prevention of Organised Crime Act No.6 of 2010. The accused objected to a plea to the above charges and the Kajiado Court ordered that he be produced before Justice Kimaru or he be released on the same day. The police were unable to produce him before the said Judge due to the traffic between Kajiado and Nairobi. However, he was released from police custody. Mr. Speaker, Sir, Mr. Joshua Miguna Miguna was transferred from the initial police station due to his concerns on his own security and the tension the arrest was generating. Mr. Miguna Miguna was extradited from Kenya to Canada on 6th February, 2018 under the following circumstances and reasons:- (1) According to Government records, Joshua Miguna Miguna was born on 31st December, 1962 in Nyando, present day Kisumu County. (2) Mr. Joshua Miguna Miguna is a Canadian citizen. It is evident from his travel records that he acquired Canadian citizenship between the year 1986 when he fled the country to 2009 when he applied for a Kenyan passport; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order Senators. I can see two, three, four requests for intervention. You should make them extremely brief. I will start with the Senate Majority Leader.

(Sen. (Prof.) Kindiki): It is a point of order. Is it so, Senate Majority Leader?

Yes, Mr. Deputy Speaker Sir. Having listened to the answer given by the Chairperson, is it in order for us to proceed to discuss this matter considering Standing Order No.92 and the rule of sub judice? This is also in consideration of the fact that this case is still alive in court. Two key decisions of the court were made by Justice Kimaru and Justice Mwita. I am also aware that notices of appeal were filed on the same. This is a very substantive issue. I am not sure, but I think that Sen. Mutula Kilonzo Jnr. and Sen. Orengo are on record on this matter in court.

(Sen. (Prof.) Kindiki): I think that is a valid concern from the Senate Majority Leader.

Mr. Deputy Speaker Sir, I was fully aware at the time when I requested for this Statement, and even now, I am fully aware that this matter is in court. As a matter of fact, most of the issues read by the distinguished Senator for Garissa County and Chairperson of the Committee are under contestation in court. To that extent, the Senate Majority Leader is right. However, I want to ask the Chairperson to tell this House whether the Government has suspended the operation of Article 16 of the Constitution. I say so because---

I just have two points. I will avoid all matters that are being contested in court. I will only touch on one. Point No. 1 is a very straightforward and harmless statement from the Chairperson. According to the Government records, Joshua Miguna Miguna was born on 31st December, 1962 in Nyando, present day Kisumu County, thus he becomes a citizen by birth. Article 16 is very clear. “A citizen by birth does not lose citizenship by acquiring a citizenship The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senate Minority Leader. Resume your seat for a minute. I do take notice of the huge public interest in the matter in question. My own personal view is that any matter that touches on fundamental rights and freedom is a matter that is critical and weighty to warrant the attention of Parliament. However, the matter raised by the Senate Majority Leader cannot be wished away. The very issues on which the Senate Majority Leader is addressing us are the very issues which, to my mind, the appeal by the Ministry of Interior and Coordination of National Government is canvassing. We should not be seen as people who do not take the law seriously in such circumstances. Irrespective of the weighty and the urgent nature of this matter, but also considering that this matter is getting attention in a court of law which has the final and more binding powers when it comes to interpretation of the law, I direct that we respect the Standing Orders of this House, in particular, Standing Order No. 92. Therefore, this matter is put in abeyance until such a time that the rule on sub judice shall not apply. So, ordered. Next Statement!

Order, the Senate Minority Leader! Proceed, Chairperson of the Standing Committee on Finance and Budget. You are supposed to issue a Statement on alleged delay in release of funds to county governments for the Financial Year 2017/2018. Do you have the Statement? DELAY IN RELEASE OF FUNDS TO COUNTY GOVERNMENTS FOR THE FY 2017/2018

Mr. Deputy Speaker, Sir, after your guidance yesterday, we will answer this question tomorrow.

(Sen. (Prof.) Kindiki): No. Order, Senator! Sen. (Eng.) Mahamud, please sit down. My direction yesterday was as follows: That you should first give the House the progress or the status of that Statement. You should update this House on what efforts you have made and whether you have succeeded or not. So, that is a condition sine qua non .

Mr. Deputy Speaker, Sir, I do not know what ‘ sine qua

is. Trust me.

(Sen. (Prof.) Kindiki): That is a conditional precedent. You must first tell us where this matter lies before declaring that you will issue the Statement tomorrow.

Mr. Deputy Speaker, Sir, my Committee had a meeting with the Cabinet Secretary (CS) and his team this morning on the matter in question and we have agreed that we will answer this question tomorrow. 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): Well done, Chairman. That is how chairpersons of committees should address us, going forward. Sen. Khaniri, are you okay with tomorrow?

Mr. Deputy Speaker, Sir, I want to thank you for your firmness. I am okay with tomorrow as long as he comes with an answer that is addressing all the four issues I raised which are very important. I hope he will do that.

(Sen. (Prof.) Kindiki): I direct that the Chairperson of the Standing Committee on Finance and Budget issues the Statement which appears as Statement (c) in today’s Order Paper, tomorrow. The next Statement is by the Chairperson, Standing Committee on Energy regarding coal exploration at Mui Basin, Kitui County. Proceed, Chairperson. Where is Sen. Maina of Nyeri County? Is the Vice-Chairperson or any Member of that Committee in the House? Yes, Sen. Seneta. COAL EXPLORATION AT MUI BASIN IN KITUI COUNTY

Mr. Deputy Speaker, Sir, the Chairman was around and we shall follow up on the Statement with him. If the Statement will be ready we shall---

(Sen. (Prof.) Kindiki): Order, Senator! You are the Vice- Chairperson of the Committee. Is the statement ready?

No, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Let us hear from Sen. Wambua.

Thank you, Mr. Deputy Speaker, Sir. You gave a direction on that matter yesterday and the direction was that the Chairman would at the very least provide an interim report on the decision to take a new contractor on site. The direction from the Chairperson yesterday was that we would get a brief today and a comprehensive answer tomorrow. I will be guided by you.

(Sen. (Prof.) Kindiki): That is correct. The Vice-Chairperson, where is the Statement?

Mr. Deputy Speaker, Sir, the Chairman is not here.

The Chairman is actually walking in. So, let us give him time to settle down and check on the Statement.

(Sen. (Prof.) Kindiki): Sen. (Eng.) Maina, we are on Statement (d) regarding coal exploration at Mui Basin, Kitui County. Do you have the statement with you?

Mr. Deputy Speaker, Sir, I actually handed over the Statement. Going by your ruling yesterday, you said that I handle this matter The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well, fellow Senator. Sen. Wambua, has the Chairperson of the Standing Committee Energy shared with you the Statement?

Mr. Deputy Speaker, Sir, I have seen a one-page response from the PS, Ministry of Energy asking for more time. Remember the matter in contention was on Monday 12th, where a new contractor would be moved to the ground to undertake this project without a settlement on the benefit sharing agreement and the establishment of a coal processing plant at source. The undertaking by the CS and the PS is that the answer will come to the Floor of the House on 13th March, 2018, a day after the matter that I raised yesterday. So, I need direction from you.

(Sen. (Prof.) Kindiki): The Chairperson, Standing Committee on Energy, the information according Sen. Wambua is that he needs more time to respond to the Statement. Is that the position?

Mr. Deputy Speaker, Sir, that is partly correct. Sen. Wambua knows that I took the time to walk to where he is.

(Sen. (Prof.) Kindiki): Order, Senator! Please resume your seat. Sen. Wambua, how much time did the Permanent Secretary (PS) request on this matter?

Mr. Deputy Speaker, Sir, according to the letter that I was shown by the Senator for Kirinyaga, the PS says that the Ministry will respond to this matter on 13th March, 2018.

(Sen. (Prof.) Kindiki): I direct as follows; one, that the interim Statement that has already been signed by the PS be issued tomorrow. Two, that a final Statement on this issue be issued on Thursday, next week. It is so ordered.

Order, Senators! We have very little time. As you can see, it is already past 4 p.m., and we have some voting to do today; which we will do shortly. This is because I am advised by the Whips that we have the numbers and we have Bills to vote for. Before we do that, if you allow me, I would rather we dispense with the remaining four statements which are very direct and brief. We should be mindful of our time here 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): On that note, Chairperson of the Committee on Tourism, Trade and Industrialization, do you have the Statement concerning the state of tourism in Malindi?

Yes, Mr. Deputy Speaker, Sir. I have it.

(Sen. (Prof.) Kindiki): How long is it?

It is two pages long.

(Sen. (Prof.) Kindiki): Just summarize the findings, Chairperson. Have you shared it with Sen. Zawadi?

Order, Senator; please sit down. Sen. Zawadi, have you seen that Statement? Has the Chairperson of the Committee on Tourism, Trade and Industrialization shared that Statement with you?

No, Mr. Deputy Speaker, Sir, he has not.

(Sen. (Prof.) Kindiki): The custom here, to avoid too much to and fro, is that you share the Statement with the Senator who requested it ahead of time so that we make use of the limited time that we have. So, if you have not seen the Statement, I direct that, that Statement be issued tomorrow. In the meantime, it should be shared with Sen. Zawadi in advance. It is so ordered.

The next is Statement ‘f,’ on raid by armed bandits in Suyian Area, Samburu North Constituency to be issued by the Chairperson of the Committee on National Security, Defence and Foreign Relations. Do you have that Statement, Sen. Yusuf Haji? RAID BY ARMED BANDITS IN SUYIAN AREA, SAMBURU NORTH CONSTITUENCY

Yes, I have it, Mr. Deputy 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.

(Sen. (Prof.) Kindiki): How long is it? If it is long, I would rather we issue it tomorrow.

Mr. Deputy Speaker, Sir, I do not mind.

(Sen. (Prof.) Kindiki): Sen. Lelegwe, are you okay with the statement being issued tomorrow?

Thank you, Mr. Deputy Speaker, Sir. I rise on a point of order. You are requesting Chairpersons of Committees to give a summary of the responses to the statements. But I think that Statements are very important to this House and they should go on record in the HANSARD. I request that if we do not have time, we should even postpone the Statements so that we can---

(Sen. (Prof.) Kindiki): Order, Sen. Lelegwe! Order! Sen. Yusuf Haji, have you shared this Statement with Sen. Lelegwe?

Yes, Mr. Deputy Speaker, Sir, I have shared it with him. It was ready yesterday, but he requested that it be issued today. So, it is nobody’s mistake but his own.

(Sen. (Prof.) Kindiki): Can you issue it in three minutes or do we do this tomorrow? For your information, hon. Senators, we should not be spending more than one hour on Statements. Sen. Lelegwe, the Senate does not have all the time in the world; we have limited time. The reason why the Statement is shared is because the primary consumer of the Statement is the Senator who asked for it. That is why we ensure that it is in writing and, so, it should be available. But we cannot have the Chairperson come to read to us a 50-page Statement. If we have ten statements to issue, those would be 500 pages of reading. That way, we will not dispense with any business here. Sen. Haji, I request that you issue that Statement tomorrow.

That is fine, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Thank you. It is so ordered.

The next Statement is to be issued by Sen. Yusuf Haji on the alleged excessive use of force and police brutality during demonstrations. Do you have that Statement, Sen. Haji? USE OF EXCESSIVE FORCE/POLICE BRUTALITY DURING RAID AT UON

Mr. Deputy Speaker, Sir, the Statement is not ready.

(Sen. (Prof.) Kindiki): Sen. Olekina?

Thank you, Mr. Deputy Speaker, Sir. We discussed that issue with the distinguished Senator and I was advised that the Statement is not ready. So, I will wait until it is ready.

(Sen. (Prof.) Kindiki): When will it be ready, Sen. Haji?

Mr. Deputy Speaker, Sir, we will endeavour to get it on Thursday. 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): Do you mean tomorrow?

No, Mr. Deputy Speaker, Sir; I mean on Tuesday, next week.

(Sen. (Prof.) Kindiki): It is so ordered.

The second last Statement is to be issued by the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration regarding the song. DEROGATORY SONG AGAINST THE KAMBA COMMUNITY

Mr. Deputy Speaker, Sir, the Statement is not ready, but we will give a response tomorrow.

(Sen. (Prof.) Kindiki): Sen. Wambua, Sen. (Rev.) Waqo says the Statement on the song will be ready tomorrow. Is that okay with you?

That is okay, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is so ordered.

Finally, there is a Statement to be issued by the Chairperson of the Committee on Lands, Environment and Natural Resources regarding the use and management of riparian areas in Kenya. Where is the Chairperson of the Committee? Proceed, Sen. Mwangi. USE AND MANAGEMENT OF RIPARIAN AREAS IN KENYA

Mr. Deputy Speaker, Sir, this Statement is not ready. However, my Vice Chairperson has talked to Sen. Seneta about it and they have agreed that she can give us more time.

(Sen. (Prof.) Kindiki): Is that true, Sen. Seneta?

It is, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): How much more time are you giving the Committee?

One more week, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is so ordered.

Thank you, hon. Senators. That brings us to the end of Statements. As I have ruled, in future, we should dispense with Statements in about one hour. We are all leaders and we have a way of capturing all these issues without taking too much time. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, you have just removed words from my mouth. My worry is that we spend so much time on Statements. I am wondering what the Business of this House is. It is important that Members bring Statements on issues and matters that affect their constituents. However, the Business of this House is not only Statements. Is there a way we can allocate time for Statements so that we can deal with the other Business of the House?

(Sen. (Prof.) Kindiki): Sen. Ndwiga, that point is noted. That ought to be the practice; it will be acted upon.

Order, Senators! Order, Sen. Orengo and Sen. Malalah. I have a Communication to make.

Order, hon. Senators! It is now voting time. Order, Sen. Mugo, Sen. Olekina and Sen. M. Kajwang’. Those who are receding should know that you cannot recede when we are voting. We will vote shortly. You can recede during the duration of the Division Bell. I now direct that the Bell be rang for three minutes.

Order Senators! Resume your seats. Senate Majority Leader and the whips, do we have the numbers?

Yes we do.

(Sen. (Prof.) Kindiki): I now direct that the doors be locked and the Bar drawn.

Order, hon. Senators! What is the excitement about? I did not know that Division can be exciting. I now put the question, which is: That, The Warehouse Receipts system Bill (Senate Bills No.10 of 2017) be now read a Second Time. Is everybody logged in and ready? Please, confirm that you are logged in. Are you ready Clerk?

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

(Sen. (Prof.) Kindiki): Order, Sen. Pareno! The Standing Orders do not allow you to move during Division. You should remain at your seat permanently and quietly.

Order, Senators! There is system failure. I now direct that we do manual voting by calling out on the Roll of Senators.

Order, Senators! I rescind my decision. The technology has behaved. We can now proceed with it.

Order, Senators! Switch off those machines. They are either on or off. Now that they are on, let us vote for one minute.

Clerk-at-the Table, I direct that you switch off that system and call out the Roll of Senators.

Order, Sen. Amos Wako!

(Sen. (Prof.) Kindiki): Let the Clerks do the tallying.

(Sen. (Prof.) Kindiki): Order Members. The results of the voting are as follows

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

(Sen. (Prof.) Kindiki): Order Senators. That Order also requires us to vote. I direct that we ring the Division Bell for a minute.

Yes, the doors must be opened. Open the doors and draw the bars while the bell rings for one minute.

Order, Senators. You should be resuming your seats now. I now direct that the doors be closed and the bars drawn.

Order, Senators. Let us try technology this time. Log in.

(Sen. (Prof.) Kindiki): Senator for Kericho, Standing Orders do not allow you to chit chat during division and to move about the corridors and alleys of the Chamber. Remain seated, glued on your seat until the process is over. I think we are good to go now. You have one minute to vote. Vote now.

(Sen. (Prof.) Kindiki): That is the end of voting, hon. Senators. Those senators who were unable to vote electronically may now approach the clerks-at-the-table and record their votes. Let us have assisted voters and do it quickly.

Indeed, they are many. Order. We are still doing Division. Order, Sen. Olekina. I can see you are excited that the Majority side still has the majority assisted voters. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Kindiki: Order, Senators! Hon. Senators, the results of the Division are as follows:

(Sen. (Prof.) Kindiki): Yes, Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, the record shows that this Bill had been moved, it had been seconded and we proceeded to the debate. It is important you amend the direction you gave yesterday since this Bill has actually been moved.

(Sen. (Prof.) Kindiki): Very well. Any other Member except the mover and those who spoke? Yes, Senate Leader of Majority.

Mr. Deputy Speaker, Sir, I rise to support this Motion with the necessary amendments I am going to suggest. This is a very important Bill which is resolving a problem bedeviling the counties. I have consulted the mover, Sen. Mutula Kilonzo jnr. and there are certain thoughts I want to put forth. From the onset, it is one of those areas in the Constitution that when it was drafted they overlooked the review or resolution of conflicts that are related to boundaries of counties. The current counties are part of the districts that existed in 1992. Next to this Bill is what we call the boundaries including coordinates of various parts of our counties. This is important because at the moment, we have problems related to conflict and I am sure the mover was inspired by the conflict between Machakos and Makueni County as to whether Konza City was in Machakos or Makueni. Mr. Deputy Speaker, Sir, when the Constitution was being made according to the report from Naivasha, the decision to having 47 counties was arrived at after a lot of discussion as to what were viable entities to become regions. The initial proposal was to have eight regions and then it moved to 14 regions. Then people would not agree whether Nakuru should be in the Central Rift, North Rift or South Rift. There were some discussions as to whether the Ukambani region which was the Eastern region that time in the provinces was going to be divided into two or part of it should go with your county, Tharaka Nithi, Meru, Isiolo and Embu. In fact, when I was moving the Urban Areas and Cities (Amendment) Bill (Senate Bills No.4 of 2017) I dared say that it was a mistake to make Nairobi a County. All over the world, Washington DC, where the students who were here and their professors came from, was delimited as a District of Columbia for the purpose of creating the headquarters of the United States of America which, although has 50 states, created a headquarters for the purpose of running the State. Consequently, if you go to Washington DC, although they complain that they are being taxed without representation, the wisdom behind the creation of the District of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order Sen. Mutula Kilonzo Jnr.! You know what to do when you want to talk in the Chamber.

He wanted to inform me. Mr. Deputy Speaker, Sir, the former Senator for Machakos, Mr. Muthama and Sen. Mutula Kilonzo Jnr. never demonstrated here that kind of populism and that was a mature way of dealing with the situation. Even if they recognised that their governors 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.

Thank you, Mr. Temporary Speaker, Sir. The Senate Majority Leader is right that I value this Bill so much. I rise to support it. Our country is made up of ethnically divided boundaries. The reason I support this Bill is that it seeks to set up a legal framework to define boundaries and settle boundary disputes. I was looking at all the existing disputes and they are quite a lot. I noted Uasin Gishu County and Elgeyo-Marakwet County, where the Senate Majority Leader comes from; Kajiado County and Makueni County; Kisumu County and Vihiga County, who are fighting over Maseno University; Narok County and Nakuru County, where we fight quite often; and, Narok County and Migori County. There are quite a lot of these issues which this Bill will seek to settle. The issue of land is very emotive. Therefore, I support the idea of having a Commission different from the IEBC that is not permanent and constituted by an Act of 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. Temporary Speaker, Sir. I was looking at Sen. Mutula Kilonzo Jnr. who was waiting for me to state whether I support this Bill or not. We have had a very lengthy discussion on this Bill. At some point, I told him that I was not going to support it if it will not resolve the issues of Isiolo County. Nevertheless, let me congratulate him for coming up with this Bill. I know that it has taken a long journey because it would have been dealt with in the last Senate. However, politics played a role in it and it never saw the light of day. I hope that the enemies of development will not derail the process of ensuring that it sees the light of day this time round. Some of us have a lot of boundary disputes due to historical injustices that need to be resolved. I sat in the Committee on Devolved Government and Intergovernmental Relations today where they were carrying out a public hearing. It was very emotional for some people from my county who appeared before the Committee. Some of the elders were literally in tears because of the injustice meted on Isiolo County. I hope that this Bill will address some of the concerns. The concern that we have as a county, and I think that the Bill has not addressed it, is on the 1992 District and Boundaries Act that amended the 1963 boundary. I believe that this does not only affect Isiolo County, but it also affects several counties that were affected by that particular legislation. This particular Bill has limited itself to the provision of that particular Act. I hope and pray that at some stage, we will be looking back at what happened after 1992 which requires the amendment of the Constitution and various legislations to deal with those injustices. One of the things which should be done is to make sure that we look at the functions of those commissions, for it to address certain concerns. Having said that, we have a lot of issues, especially boundary disputes that affect various communities. Insecurity is a big factor or a big issue that comes with disputes between counties. Isiolo County neighbours Marsabit, Samburu, Wajir, Garissa and Meru counties. We have boundary disputes between my county and all those counties where people are basically being killed every day. That is why last week, I was pushing the Chairperson of the Standing Committee on National Security, Defence and Foreign Relation to answer those questions. Therefore, insecurity is one of the concerns that are brought about by the disputes of boundaries. Once we resolve this issue of boundaries, then we can deal with the issues of insecurity. Development is another factor because we are being boxed as Isiolo County into a corner. We can neither move to the left nor to the right. In Garissa and Isiolo counties, we are having a development project where there is a road being constructed between Garbatulla and Modogashe. However, simply because of a boundary dispute between my county and Garissa County, that road is stuck; they cannot continue with the construction. It is a dispute that is very clear; that the people of Garissa are pushing themselves inside Isiolo County by almost two kilometres. 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. Temporary Speaker, Sir, for giving this opportunity to contribute to this important Bill. I want to commend Sen. Mutula Kilonzo Jnr. for having come up with this Bill. My Committee, of which he was a Member, had noticed in the last Senate, that there was a lacuna in the Constitution when it came to dealing with county boundaries. The Independent Electoral and Boundaries Commission (IEBC) had been given a mandate to only look into the boundaries of wards and constituencies but not counties. To that extent, the Constitution specifically provides that the IEBC can only look into the boundaries of wards and constituency which means it cannot look into the boundaries of counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Sen. Wako. Sen. Cherargei, it is your turn. Is the Senator not in the Chamber? Sen. (Dr.) Musuruve .

Thank you, Mr. Temporary Speaker, Sir, for giving me an opportunity to add my voice to this Bill. I commend Sen. Mutula Kilonzo Jnr. for this Bill, which I support strongly. Article 6 of the Constitution provides that Kenya is divided into counties, but it does not define how the counties will be divided. The fact that it does not define the counties is already a problem in this country. Why is it so? It is because of the disputes that are likely to arise as a result of land issues. Just to cite a few examples, we have had quite a number of disputes concerning land issues. Meru and Isiolo counties have had land disputes. Meru and Tharaka-Nithi counties have also had land issues. Even Kisii and Nyamira counties had a wrangle over who owns Keroka. Vihiga and Kisumu counties have both laid claim on Maseno. These disputes are not good for this country. Mr. Temporary Speaker, Sir, there is a story that my mother told me about a dispute that was there among the Maragolis and Luos. These people used to fight over land until they had to devise a mechanism of surviving. You would find the Maragolis learning the Luo language and Luos learning the Maragoli language for them to survive. In such issues people make use of linguistic convergence. They use language to survive. It has been like that in the past. These disputes have dire consequences. For instance, where there is dispute over land and then it happens that by the grace of God, it has some oil, gold and other mineral deposits. People might end up fighting for those resources because everyone wants to have a stake on them. There are consequences of boundaries not being defined clearly. When you look at the Constitution, defining boundaries has no constitutional basis. This Bill has come at an opportune time when we can define county boundaries. We have areas where violence erupts all the time. When there is violence, people lose their lives. We all know what happened in Kapedo some time back. Policemen were taken there to resolve the dispute, but they were all murdered. They were serving 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.

Let us have Sen. Were. 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. Temporary Speaker, Sir. I would like to also add my voice and support this Bill that clearly defines the boundaries. This is going to be helpful in areas where there is conflict. Mr. Temporary Speaker, Sir, there is a dispute between Kisumu and Vihiga counties over the location of Maseno. Is it in Bunyore land which is Vihiga County or in Luoland which is Kisumu County? This issue has spilled over to the location of Maseno University to the effect that it even affects how the administration of that university is done. This is the more reason why I support the passing of this Bill. We have more people from Kisumu employed at the university and those from Vihiga who are the Wanyore feel marginalised. They then ask why they are being marginalised in their own university. It is very important that the issue of Maseno is dealt with. The creation of the Independent County Boundaries Commission (IBCC) - which is a recommendation that is in this Bill - will help deal with that matter once and for all. That issue of Maseno has even become a campaign tool. If you are looking for votes from Luanda Constituency and say that you will sort out the Maseno issue, you are guaranteed to be voted for. It has become a campaign tool but no solution has been reached. Therefore, this Bill will give us a solution to that dispute over the location of Maseno. I will not even talk about the violence that happens from time to time in that area as they try to lay claim to that Maseno. That area is also very fertile. Other than the university, it has very good public primary schools that do very well in the Kenya Certificate of Primary Education (KCPE), so everyone wants to lay claim to it. If this Bill is going to bring a solution to the issue of Maseno, I support.

Thank you Senator. Let us have Senator (Eng.) Hargura Godhana.

Mr. Temporary Speaker, Sir, I support this Bill from the onset because it addresses an area of concern. We already have disputes with boundaries of counties and there has been no mechanism of sorting it out. As it has been said, Article 6 sets out that the 47 counties are what is recognized as being the divisions into which the territory of Kenya is made. I have been looking at that Districts and Provinces Act and I used to wonder how it was established. I am surprised and happy to know that it was Sen. Wako who did it. I was telling him that there were a lot of injustices in the boundaries Act itself. Since, the colonialists used to tell people where the boundaries were and everybody knew it. Nevertheless, this is somebody who went with cartographers and came up with beacons where you cannot imagine; what we used to know as riverbeds and all that. Now we have boundaries going over mountains. We need to go back and correct from the colonial boundaries of 1963.That is the starting point and we have to go in after establishing this Bill into an Act. I thank Sen. Mutula Kilonzo Jnr. for coming up with this process. If you check Clause 18; ‘A Petition to Parliament’, that should be “to the Senate”. We have to be very clear on where the Petition starts. It should come to the Senate, then the Senate should come up with a special Committee. This committee will then come up with a report which will either say it goes to mediation or alteration. That is where the National 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, Sen. (Eng.) Hargura. Yes, Sen. (Prof.) Ekal.

Mr. Speaker, Sir, thank you for giving me a chance to say a few words over this Bill. I support the Bill. The Bill is timely. It is going to come with a lot of problems because you have heard that it may not pass. Some people will shoot it down or there are just going to be problems in trying to correct the injustices that have been carried out in various places in the country. Standing here today on behalf of Turkana County, we have this situation that we hope---

Order, Sen. (Prof.) Ekal! You will have a balance of 19 minutes when the Bill appears on the Order Paper next. Hon. Senators, it is now time to adjourn the House. Therefore, the Senate stands adjourned until tomorrow, Thursday, 8th March, 2018 at 2. 30p.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.