Hon. Senators, I wish to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a visiting delegation from Pan-African Parliament on a benchmarking visit to the Senate. I request each member of the delegation to stand up when called out so that they may be acknowledged in the Senate tradition. They are:- (1) Dr. Ndidi Abanno - Senior Committee Clerk (2) Mr. Boniface Habana - Committee Clerk (3) Mr. Galal Ari - Committee Clerk (4) Ms. Marina da-Trinidade - Committee Clerk (5) Ms. Marie Bebey - Committee Clerk (6) Ms. Helen Sabwa - Committee Clerk On behalf of the Senate and on my own behalf, I welcome them to the Senate and I wish them well for the remainder of their stay. I thank you.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. First and foremost, I thank you for allowing our brothers from the Pan-African Parliament (PAP) to come and visit us in the Senate or in the Parliament of Kenya. I believe that they are doing a very important job in the PAP. In as much as we have not yet been in a position to send our delegation to the South African-based Parliament, I take this opportunity to say that I am looking forward to going there. This is because my party, the National Super Alliance (NASA), has already forwarded my name – which I believe is in your possession – and I am looking forward to becoming a Member of the PAP. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me the Floor to add my voice to the welcoming remarks to the visitors from the PAP. On behalf of the people of Kitui County, it is a pleasure to welcome you to Kenya. I request that you find time to tour the City of Nairobi and the outskirts. I got an opportunity earlier to have a word with them and I mentioned that Nairobi City is blessed with a national park within the city. They can take time to visit the park and sample what we have to offer in that park. With those few remarks, I say ‘ karibuni sana. ’ Thank you very much, Mr. Speaker, Sir.

Mr. Speaker, Sir, I join my colleagues and yourself in welcoming our brothers and sisters from the PAP. The Senate has a good tradition because we have the opportunity to share experiences with the PAP. I was privileged to have met them this morning when they had a chance to visit us during a meeting of the Standing Committee on Information and Technology. We not only exchanged a few words and niceties; but we also encouraged them that the Pan-African idea is still possible because of the existence of the PAP. We said that Africa should talk to herself and communicate. It should be easier to enter an African country – and that is why we have the PAP – and travel easily. Mr. Speaker, Sir, I am happy that the African Union (AU) has already worked on a concept called the “Open Skies” for Africa. That means that we should now share the air space that we have as one. Therefore, as the staff members help in the making of laws at the committee level, they should come up with ideas that help to bring Africa closer together and enable us to appreciate Pan-Africanism. Thank you very much, Mr. Speaker, Sir.

Thank you very much, Mr. Speaker, Sir. On behalf of the people of Narok County, I would like to say welcome to the visiting delegation and request that they visit our county. I appreciate the work that they do in ensuring that African countries promote good governance. I know it is a big task, but I assure them that when our Members come there, they will help them achieve their objectives. As my colleague from Kitui County has said, Kenya is a beautiful country and where I come from, we have the eighth wonder of the world, the Maasai Mara Game Reserve. Please make a point of visiting it so that when you go back to South Africa, you can tell them that you had a great time in Kenya. I welcome you, once again. Thank you, Mr. Speaker, Sir.

Thank you very much, Mr. Speaker, Sir. I take this opportunity to also welcome the delegation from the PAP who are with us today. This morning, I had the privilege of meeting the delegation in a meeting of the Committee on Devolution and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Speaker, Sir. Earlier on, I had the occasion to meet the delegation during the meeting of the Committee on Lands, Environment and Natural Resources. I add my voice in welcoming them to this august House and congratulate them for coming here to see how we deliberate on national issues. Mr. Speaker, Sir, on the Pan-African idea, during our student days in the 1950s and 1960s, it was quite clear that we had not been able to move closer to each other. The proponents of the Pan-Africanist movement at that time, who included Kwame Nkrumah and many other leaders, gave us a light to look forward to. Now, with the establishment of the African Union and the PAP, it is quite refreshing to see a delegation from the PAP coming to visit Kenya. There is so much more that we can do between and amongst us within the African Continent to our benefit and prosperity. I come from Kisii County, which is in the western part of Kenya and you are most welcome. More so, be free to interact with us. Thank you, Mr. Speaker, Sir.

Thank you, hon. Senators. We have all welcomed the PAP delegation and wished them well. Let us now move to the next order.

Proceed, Sen. Waqo.

Mr. Speaker, Sir, the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration is out of the country and I am responding on his behalf. I shared the statement with my colleague---

Are you seeking a Statement or responding to one? You should be seeking a Statement from the Chairperson of the Standing Committee on Roads and Transportation.

Mr. Speaker, Sir, it has not reached me; that is why I am a bit confused. I thought I was supposed to respond to a statement.

No, you should be seeking for a Statement. As you organise yourself, we can get to the next statement.

Thank you, Mr. Speaker, Sir.

Proceed Sen. Faki.

Mr. Speaker, Sir, I requested for a statement but the response has not been given to me.

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, we are dealing with requests for statements. Therefore, if you do not have a statement request, let us move to the next request by Sen. Loitiptip. KDF OPERATIONS IN LAMU COUNTY

Mr. Speaker, Sir, pursuant to Standing Order 46 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations regarding the Kenya Defence Forces (KDF) operations in Lamu County. In the Statement the Chairperson should:- (1) Explain the circumstances that led to the redeployment of the KDF to Lamu County and especially to Boni forest. (2) Explain why there are attacks by Al Shaabab Militants on Lamu county and Kenya despite the presence of KDF in Lamu. (3) State whether the Government has intentions of employing more strategies on securing persons who travel by bus to and from Lamu, given that the current strategy of escorting the buses by security personnel is not effective as several buses have been attacked and people injured. (4) State whether the Government lifted the night curfew and banned all night travel in Lamu and further, explain why Lamu residents are being harassed by security personnel at night. State the measures the Government has put in place to secure the Kenya borders and Lamu County, so as to allow people who are internally displaced by the insecurity return back to their homes and resume their normal lives. Thank you, Mr. Speaker, Sir.

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

Mr. Speaker, Sir, we will give the Statement in a week’s time.

Is that okay, Senator?

It is okay.

Sen. Rose Ogendo. Sen. (Rev.) Naomi Waqo, I am told you are ready now. BENEFITS OF THE STANDARD GAUGE RAILWAY

Mr. Speaker, Sir, pursuant to Standing Order 46 (2) (b), I rise to seek a Statement from the Chairperson of the Standing Committee on Roads and Transportation on the benefits of the Standard Gauge Railway. In the Statement the Chairperson should:- (1) State the volume or numbers of persons who have used the Standard Gauge Railway since its inception. (2) Table statistics on the volume of cargo that has been transferred by the Standard Gauge Railway since its inception. 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.

Chairperson, Standing Committee on Roads and Transportation.

Mr. Speaker, Sir, I promise to get an answer in one week.

Is one week okay? Sen. (Rev.) Wako, you are not on record

Mr. Speaker, Sir, one week is okay.

Yes, Sen. Mwinyi Haji Mohamed. MANAGEMENT OF KPA

Mr. Speaker, Sir, I rise pursuant to Standing Order 46 (2) (b) to seek a Statement from the Chairperson of the Standing Committee on Roads and Transportation regarding the management of Kenya Ports Authority (KPA). In the Statement the Chairperson should:- (1) Explain the circumstances that led to the reshuffling of top management officials at the KPA (2) State the rules and measures that have been put in place to shield the management of the KPA from interference in the running of the affairs of the Mombasa Port. Thank you.

Mr. Speaker, Sir, we can get an answer in two weeks. It looks a bit detailed and we have to get the information.

Is two weeks okay, Sen. Faki?

It seems to be the standard. I will accept the two weeks.

We will now move to the statements to be issued. Let us get a response from Chairperson of the Committee on National Security, Defence and Foreign Relations on the ongoing recruitment exercise by the Kenya Defence Forces.

Order! The Chairperson of the Standing Committee on National Security, Defence and Foreign Relations will wait. Let us get a Statement from the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, the following is the response to the request by Sen. (Dr.) Milgo. With regard to the comparative ratio of women and men appointed as Members of County Executive Committees (CECs) and Chief Officers in all the counties, some counties are still in transition and have not completed appointment of CEC members and Chief Officers. Therefore, no data is available from the Council of Governors (CoG) for computation into comparative ratio to reflect the scenario in the 47 counties. With regard to the comparative ratio of women and men chairpersons of all county public service boards, there are 47 county public service boards in the country. Out of 47 chairpersons nine are women and 38 are men. The percentage of women chairpersons is 19.1 per cent and 89.9 per cent for men. The ratio of women to men chairpersons is one to four, which is a significant figure. The other question was in regard to the affirmative action being implemented by county governments to promote inclusion of women candidates for senior positions. The county governments are coordinated through the CoG, which is established under Section 19 of the Inter-Governmental Relations Act, 2012. The CoG secretariat is organised into 18 committees, each chaired by a Governor. The Committee on Education, Gender, Youth, Sports, Culture and Social Services is one such Committee that handles gender matters. The Committee has implemented a number of initiatives over the last two years to deepen the gender equality and women empowerment. To realise the two-thirds gender rule the following initiatives are being implemented at county governments’ levels:- (1) Counties ensure implementation of leadership, integrity and public service, values and principles contained in Articles 73 and 232 of the Constitution respectively, and the provisions of County Government Act 2012 on Human Resource Management in the county government. (2) Public services are integrated in selection, recruitment and promotion of county government officers. We have a lot of information. However, if we go line by line, it will take us a lot of time. Number 6 is on inclusion of gender concerns in Integrated County Development Plans (ICDPs) and aligned to Medium Term Plan III, (MTP III). This is guided and monitored by COGs Gender Unit. County governments ensure implementation of other affirmative actions through

Very well. Sen. Dullo Fatuma.

Thank you, Mr. Speaker, Sir. I want to react to the statement that has been issued. In as much as I agree it is the statement from the relevant Ministry, but we have a problem with the implementation and enforcement of the said legislations. The response given is not true because the governors are carrying out recruitment without ensuring gender balance. That is why many people are going to court to enforce it. Let the Government tell us what it is doing in terms of ensuring that the counties have strictly followed the Constitution and enacted the relevant legislations to implement the two- thirds gender rule. Secondly, the policies and legislation that stipulate 30 per cent of contracts be allocated to youth and women is not strictly followed in many counties. Let the Ministry ensure there are enforcement mechanisms so that our youth and women benefit from these contracts. 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. First of all, I did not receive the statement which has been issued in advance. As Sen. Dullo has said, the first question was not fully answered. In addition, it was merely a theory work that has been copied. There are no tangible facts from counties to help us ascertain whether the two-thirds gender rule is being implemented or not. We are still calling for a stricter method of ensuring that it is followed. As much as the Committee has tried, a lot of work here is theory because it is not being implemented. In any case, we still need a more stringent measure to ascertain that the counties adhere to the two-thirds gender rule.

Thank you, Mr. Speaker Sir. This Committee has a special mandate beyond what is in the standing orders. The Public Procurement and Asset Disposal Act mandates this particular Committee in charge of equalization to receive a report every six months from the Public Procurement Regulatory Authority (PPRA) on compliance by county and national governments on the 30 per cent rule for procurement for youth, women and Persons with disability. That is not being adhered to across the country. Very few governors are giving young people, women and persons with disability contracts. I would like to request the Committee to go beyond this statement and sit down with the relevant department; to call PPRA and table a report here. Let us see the list of shame of those counties that have decided that law is a suggestion. Let us see the list of shame of Ministries that are avoiding allocating contracts to young people what is due to them in the law. Mr. Speaker, Sir, I hope the Chairperson is listening, you could kindly direct that they follow the law and play their role in bringing that list to this House so that we can debate it. I am sure no governor and Minister wants to be in that list. Otherwise, all of these things are high sounding declarations of what is being done with zero work on the ground.

Hon. Senators, I direct that Committee through the Chairperson to compile and bring that report and also give the House a status report on those counties that have done recruitment. I know most of them must have already recruited the County Executive Committee (CECs) and the chief officers. So, those that have done it, you can give this House a report on the status as it stands.

Let us have the Chairperson of standing Committee on National Security, Defense and foreign Relations. ONGOING RECRUITMENT EXERCISE BY KDF

Mr. Speaker, Sir, I beg to reply. I will not read the questions because the person who asked knows them. To save time, I will go straight to the answers. The ongoing recruitment exercise seeks to fill vacancies and shortfalls within the approved Kenya Defence Forces (KDF) establishment. Despite the fact that the recruitment exercise largely attracts male applicants, enlistment is subject to the potential candidates meeting the prescribed stringent qualifications with respect to physical, medical and academic fitness regardless of gender. Therefore, the ratio of male to female recruits cannot be predetermined. 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. Mugo, are you satisfied?

Mr. Speaker, Sir, I thank the Chair of the answer especially now that it is signed by the Cabinet Secretary for Defence because a copy that came before was not signed. However, I am not satisfied with the answer because we had asked specific questions. We saw on television what was going on during the recruitment in some areas and we saw how female candidates were treated. Definitely, there was no equity. One could tell that they were being discriminated against. Some of them were even in tears. So, I do not agree that the recruitment is sensitive to gender. That means that it is also not equitable as well as professional. I am sure it not just the young men who meet the criteria in terms of physical, medical and academic qualifications. One specific question I asked is whether it is true that female candidates were allocated only 8 per cent of the slots. I do not understand how that endangers the forces by way of enemies gaining strength just because of that. I think the Chair just avoided that question. In one of the news bulletins, it was reported that women were allocated only 8 per cent and that is of interest to us. I urge my Cabinet Secretary who is also a woman to check on this because it is serious. 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 Chair?

Mr. Speaker, Sir, my colleague Sen. Mugo did not explain the kind of discrimination she is alleging. As we all know, recruitment considers many qualifications including physical and education and there is no way women can be discriminated unless some of them do not meet the requirements on the basis of being physically fit or medical-wise. There is a general policy that the Government will employ one third of women in the country, including Parliament. However, up to now, this has not been achieved. I am being honest because I have been the Minister for Defense. This will be achieved in a progressive manner, and I am sure it will be done. I believe I have answered the two queries that she has raised.

You can discuss the areas that still need clarity with the Chair of National Security and Foreign Relations after this. The Chairperson of the Standing Committee on Land, Environment and Natural Resources. DELAYED COMPENSATION FOR PERSONS DISPLACED BY THE CONSTRUCTION OF MULIMA DAM

Thank you, Mr. Speaker, Sir. I beg to issue a response on a Statement that had been requested by Sen. Mutula Kilonzo Jnr. I wish to inform the Senator for Makueni that Mulima Dam in Mbooni Constituency and Maanoni Dam in Makueni Constituency were developed in the 1980s. Due to the long period of time that has elapsed since they were constructed, the Ministry is in the process of getting all the information and details of the dams. This will enable me to issue a comprehensive Statement. Therefore, in light of the above, I wish to request for two more weeks so as to obtain all the information since the response is coming from the Ministry. I had given a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Ongeri, is it the same question or different one?

Mr. Speaker, Sir, we can deal with Sen. (Prof.) Ongeri’s question but only on matters of the dam that he has mentioned in Nyamira County.

I thought it was a different issue. The Chairperson of the Committee on Lands, Environment and Natural Resources, get the comprehensive information so that you provide it in the next two weeks. Let us move to the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations to respond to Sen. Olekina question. USE OF EXCESSIVE FORCE/POLICE BRUTALITY DURING RAID AT UON

Thank you, Mr. Speaker, Sir. Again, to save on time, I will not go through the Statements as requested.

Mr. Speaker, Sir, on a point of Order. I would like to request that the response be deferred so that I am served with a copy for me to interrogate it.

Do we have a copy because the Chair is ready?

Mr. Speaker, Sir, on a point of order. Sen. Khaniri is not present and therefore I could guide the House on the issue of the Standing Orders. The correct procedure is that the responses to the Statements must be provided to the Members in advance so that they can interrogate them. Some of the responses have been delivered to my office and there is no reason why Sen. Olekina has not been given his response. So, we need proper direction and guidance from you would be necessary at this point. 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 me give direction. The secretariat is supposed to circulate the responses in advance. They should note that to avoid any inconveniences. In the meantime, I will defer that response as we wait for the statements from the secretariat. Sen. Mwangi, you can hold on until the response is circulated. The Chairperson of the Standing Committee on Agriculture and Livestock, you can proceed.

Thank you, Mr. Speaker, Sir. We have the response but I am still consulting with the Chair. You can give me some few minutes. In the meantime, you can proceed to the next Statement before we table the response.

The Chairperson of the Standing Committee on Land, Environment and Natural Resources. STATUS OF LAND OWNED BY ADC IN LAIKIPIA COUNTY

Thank you, Mr. Speaker, Sir. This question had been directed to the Ministry of Lands and Physical Planning. However, the Ministry has indicated that it is not the right Ministry to deal with this particular question. So, the question has been re-directed to the Ministry of Agriculture, Livestock and Fisheries. Therefore, I will request for another one week so that I come back with the response.

Has the Ministry of Agriculture, Livestock and Fisheries received the Statement?

Mr. Speaker, Sir, I have a letter here that has been sent to the Ministry of Agriculture. It says: “This is in reference to your letter Ref.No. Sen.112/1/Statements/CORR/2017 of 13th November, 2017. This is a question by Sen. Olekina of Narok County.

Is that the letter directing the Statement to the Ministry of Agriculture?

Mr. Speaker, Sir, yes, so that they can write a response.

Mr. Speaker, Sir, on a point of order. To the best of my recollection, the Sen. Olekina brought a request for a Statement last year and then it lapsed with the session. When we came back to this new session, he requested for the Statement again. The Chairman of the Standing Committee on Land, Environment and Natural Resources is reading to you a letter in reference to the lapsed question in the last session. I do not believe it can take that long for one Ministry to transfer a responsibility to another and for an answer to be enlisted to be brought to this House. This is particularly, when it is touching on the very touchy issue of land, its alienation and the risk of that land being grabbed. Is the Chairman in order to bring us belated information on a day when he is supposed to give us the answer? He is now passing it on to another Chair when he could have done this when the question was raised.

Mr. Speaker, Sir, I want to be precise. The Statement had been directed to the Ministry of Lands and Physical Planning. They realised that they could not deal with the question because they did not have the answers. They advised 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.

On a Point of Order Mr. Speaker, Sir.

What is your point of order Sen. Olekina?

Mr. Speaker, Sir, I recall that the letter that the Chairperson is reading is the same letter that he read during the last Session. The issue of Agricultural Development Corporation (ADC) land is something which is very emotive. People and animals have been killed there, so when I ask this question for me to understand how to deal with it, the least I expected the Chairperson to do is to go to greater length and see the urgency and emotiveness of this matter. It is imperative for the Chairperson to give my question, which is now part of this House, the urgency and the importance that it deserves.

I direct that the Chairpersons of the committees on Lands, Environment and Natural Resources and the Committee on Agriculture, Livestock and Fisheries provide an answer in one week.

Mr. Speaker, Sir, first and foremost, I was not a Chairperson in the last Session for there were no chairpersons in this House. Secondly---

I have directed.

Mr. Speaker, Sir, I accept. STATUS OF NHC PROJECT IN WOTE, MAKUENI COUNTY

The Chairperson of the Committee on Roads and Transportation to issue a Statement on the status of the National Housing Corporation (NHC) project in Wote, Makueni County.

Mr. Speaker, Sir, I got the response to the Statement and I gave it to Sen. Kasanga to go through it. I will give the answer if she is ready.

Mr. Speaker, Sir, I wish to respond to the request for Statement by Sen. Kasanga as follows:- 1. The contract for the construction of the NHC Project in Wote, Machakos County was awarded in April, 1973 to Kilimanjaro Enterprises Limited. The scope of the works comprised 14 units (two-roomed bungalows) each with an area of 32sqm. 2. The project commenced in April 1973, with a completion period of 26 weeks and achieved practical completion in December 1973. 3. The works of the 14 units were awarded at a contract sum of Ksh245,026.25 with the total amount spent on the project as Ksh318,192.00 The amount spent over and above the tender sum was occasioned by costs of supervision and financing that is Ksh17,528 and repairs on all the 14 units in 1977 to make them attractive at a cost of Ksh41,538. 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, more investigation needs to be done into this for we have some abandoned units on site. They were abandoned about 10 years ago and I do not see that coming out in this response. Our request to NHC is that they should further investigate those abandoned units. They could be condemned or if they have no capacity to do so, if they could transfer them to the County Government that can make use of them. Otherwise, we welcome NHC’s plan to scale up the housing development in Makueni County.

Thank you. You can incorporate that.

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

What is your Point of Order, Sen. Sakaja?

Mr. Speaker, Sir, I remember that when this Statement was sought by Sen. Kasanga, we rode on it and further questions were asked, specifically on NHC houses in Majengo, Kamukunji Constituency, Nairobi County and the attempted eviction of my constituents. Were those riders transmitted as a question or they were for our own consumption? I have heard nothing about that being mentioned in this response.

Mr. Speaker, Sir, that is the response that we got from the Cabinet Secretary, Ministry of Transport, Infrastructure, Housing and Urban Development. We will check what was sent to him because the shortfall could have been from our side.

You can check and add the riders that were raised because they were also very substantive.

Obliged, Mr. Speaker, Sir. PUBLICATION AND DISTRIBUTION OF EDUCATIONAL MATERIALS IN PUBLIC SCHOOLS

Could the Chairperson, Committee on Education issue a Statement on publication and distribution of books and other educational materials to public primary and secondary schools.

Thank you Mr. Speaker, Sir. The document is ready but it has not been signed by the Cabinet Secretary, Ministry of Education who has been busy going around the counties rolling out a programme on National Dialogue on Education and sensitizing stakeholders on the new competence based curriculum. I request for one 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.

Is that okay Sen. (Dr.) Milgo?

Thank you very much, Mr. Speaker, Sir. Knowing that education is a serious matter in our country, that is okay.

One week granted. Sen. Lelegwe, now issue your response on Agriculture.

Thank you, Mr. Speaker, Sir. I table the response on the Statement on implementation status of the Fisheries Management and Development Act, 2016. At the sitting of the Senate held on Wednesday, 14th February, 2018, Sen. M. Kajwang' requested for a Statement from the Chairperson, Committee on Agriculture, Livestock and Fisheries regarding: (1) The use and management of the riparian areas in Kenya; (2) The progress made towards the establishment of the Kenya Fisheries Advisory Council; (3) The list of names of members of the council and highlights of the initiatives undertaken since formation; (4) The progress made towards the establishment of the Kenya Fisheries Service; (5) The list of names of the Director-General and members of the board and highlights of the key initiatives undertaken since formation. The answers to the above questions are as follows:- (1) The process of operationalization of the Kenya Fisheries Advisory Council is under way and the Ministry has requested for nomination of representatives from the various agencies. Therefore, we are still waiting for the members to be named. (2) With regards to the progress made towards the establishment of the Kenya Fisheries Service (KFS), the following activities have been accomplished towards its operationalization: (a) The Cabinet Secretary (CS), Ministry of Agriculture, Livestock and Fisheries, in exercise of his powers under Section 11(1)(c) and 201(1)(i) of the Act, appointed members of the Selection Panel to undertake the entire recruitment process of the members of the Board of Directors of the KFS. (b) The Public Service Commission (PSC) of Kenya has appointed, Ms. Susan W. Imende, HSC, as the Acting Director-General. (c) Unbundling of the Fisheries Management and Development Act has taken place. (d) Ninety eight (98) Technical officers from the Department of Fisheries and the Blue Economy were seconded to the Kenya Fisheries Service. (e) The Ministry has done an organisational structure and officers have been deployed according to skills and competencies. 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.

Chairperson, looking at your response, it is very long. So, I will request that you summarise it since you have already given the response to the questioner, who will then raise any issues.

Thank you, Mr. Speaker, Sir. I am just concluding my statement. We have provided this response to the hon. Senator who requested for the statement. I will, therefore, go straight to the conclusion of the statement. The following are the measures taken to improve the productivity of fish farmers in Kenya. (a) The Ministry has taken measures to revitalise fish farming in Kenya following the challenges experienced during and after the Economic Stimulus Programme. 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. M. Kajwang’.

Thank you, Mr. Speaker, Sir. When we started this Session, you issued a Communication from the Chair and indicated that you expected the response to statements to be signed by the Chairpersons of the Standing Committees when they bring them back to this House. However, what I have is signed by Dr. Andrew K. Tuimur, CBS, who has not been elected to this House and does not chair any committee. If you could provide guidance on that; whether this, then, is a legitimate statement that should be read before this House or not before I can query it.

The statement should be signed by the Chairperson of the Committee and brought to this House.

Thank you, Mr. Speaker, Sir. We are aware of the procedures. I am tabling this statement as the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries. I am actually the Vice-Chairperson of the Committee and I am standing on behalf of the Chairperson. This is the response from the Ministry of Agriculture, Livestock and Fisheries, where we sought clarifications of the issues as raised by the---

The issue is that you are supposed to sign the statement as the Chairperson of the Committee. What is it, Sen. M. Kajwang’?

On a point of order, Mr. Speaker, Sir. I just wanted us to be clear about that so that Chairpersons do not repeat the same mistake in future. I also wanted to beg for your indulgence on behalf of the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries. This is because he has laboured, brought the report and read it for about five minutes. If you allow me, with your indulgence, I could just prosecute this so that he does not come back with it tomorrow.

You can proceed.

Thank you, Mr. Speaker, Sir. I am quite disappointed with this response. I represent fishermen and I am not the only one who represents fishermen here; Sen. (Prof.) Ekal from Turkana County, Sen. Justice Madzayo and so many others are here. When we passed the Fisheries Management Act in this House in 2016 and the President signed it in March 2016, one year afterwards in March 2017, the bodies that we created – the Kenya Fisheries Service, the Kenya Fish Marketing Authority and the Kenya Fisheries Council – commenced to the process of recruitment of the Board of Directors of the three bodies. In fact, there was a fourth body, which was to manage 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.

Asante, Bw. Spika . Uvuvi ndio rasilimali kubwa kwa watu wa Pwani, kutoka Kiunga, Kaunti ya Lamu mpaka Vanga katika Kaunti ya Kwale. Kutokuwepo kwa taasisi maalumu ya kuangalia mambo ya uvuvi imeleta hasara kwa sababu trawlers zinazo milikiwa na wageni kutoka nchi za nje zinapata fursa ya kuingia na kuiba samaki wetu. Hali hiyo inasababisha upungufu wa samaki. Ningependa kukubaliana na Sen. Kajwang’ kwamba taarifa ilioletwa bungeni alasiri ya leo hairidhishi. Tunafaa kuunda tume ama mkutano wa stakeholders katika mambo ya uvuvi ili rasilimali yetu ya uvuvi isiende bure. Bw. Spika, sehemu ya Kiunga mpaka Vanga ni kubwa sana, ilhali hakuna patrols za kuweza kuzuia uvuvi kutumia trawlers ambazo zinatoka nje ya nchi. Vile vile, kwa sasa, ili mtu apate leseni ya uvuvi inabidi aje Nairobi ilhali uvuvi ni sekta ambayo imekuwa- devolved kwenye kaunti. Jambo hili linaongeza corruption. Sio sawa kumlazimisha mtu kusafiri kutoka Mombasa au Lamu kutafuta leseni ya uvuvi kwa sababu atagharamika kusafiri na kulala ilhali leseni inaweza kupatikana sehemu yoyote katika Jamhuri ya Kenya. Bw. Spika, namuunga mkono Mhe. Kajwang’ kwa maelezo aliyotoa.

Let us keep it short. Proceed, Sen. Wamatangi.

Mr. Speaker, Sir, I support the position expressed by the Senators on this issue. Earlier on people used to perceive fishing as a matter reserved or secluded only to the counties around Lake Victoria and the Indian Ocean at the coast. Right now, families all over the nation benefit from fish farming. If you go to any part of the country you will find that many young people have taken up fish farming, which they do in fish pods. Mr. Speaker, Sir, it is important that this matter be looked into. The Senator for Mombasa has expressed it very well that this is now a function devolved to the counties. As the Vice Chairperson reports back, he should address what the counties have done in regard to the attack of the lakes by the water hyacinth. Even as we battle the failures by Kenya Fisheries Service, and this being a devolved function, we should hear what the county governments have done to fight the hyacinth mayhem, which has caused the diminishing of fish. If we are quiet on that, we will not be addressing the problem.

This was a Statement and the answer has been requested. The Vice Chairperson has been challenged to convene---

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

Sen. Wetangula, what is your point of order?

Mr. Speaker, Sir, as you give your direction, I want to correct my distinguished brother from Kiambu County that fishing is actually a shared responsibility by the national Government and the county governments under the Fourth Schedule of the Constitution. As the Vice Chairperson takes your direction, could he bring information as to why, for instance, Migingo Island which is barely 10 kilometers from the shores of Lake Victoria on the Kenyan side, is routinely attacked by policemen from Uganda, coming over 250 kilometers from Entebbe? Secondly, why is the Kenyan maritime boundary, 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.

Vice Chairperson, you have been challenged with several options. Can you respond so that we make progress?

Thank you, Mr. Speaker, Sir. I have noted the concerns and issues that have been raised on the Statement by the Senators who have spoken. I request that as a Committee, we be given two weeks to respond to the issues that have been raised right now. We note the important concerns and request for two weeks.

What is your concern, Sen. Outa?

Thank you, Mr. Speaker, Sir, for giving me a minute. I want to bring to the attention of the Chairperson the fact that the imported cheap fish from China is causing great danger to people in Kisumu County. If research was to be done today among our people, it will show that the birth rate has gone down significantly in Kisumu County. Is it possible to stop importing fish from China because it is causing more harm to our people? Lastly---

Order, Senator! I had given direction on that. I am sure the Chairperson will address all the other issues that have already been raised here. Hon. Senator, you can see him after that. I also know that Sen. Ekal will give his contribution because this is not the end of the story. We will still continue with the conversation later. Let us now hear the Chairperson on Standing Committee on Land, Environment and Natural Resources. COMPENSATION TO PERSONS DISPLACED BY THE SGR PROJECT

Mr. Speaker, Sir, this statement is very important. Unfortunately, it is not ready. I request for one more week.

Was a statement on the Standard Gauge Railway (SGR)?

Yes, Mr. Speaker, Sir.

So, do you want one more week?

Yes, Mr. Speaker, Sir. One more week will suffice.

Sen. Faki, what do you say? 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, you gave the distinguished Chairperson of the Committee on Energy, Roads and Transport more than three weeks. However, I reluctantly accept that he be given one more week because he is my friend.

Okay. Chairperson, you know time is not a strategy. One week will come. So, make sure that you have a response in one week.

On a point of order, Mr. Speaker, Sir. Let me correct the Senator for Mombasa County that not the Chairperson for Energy, Roads and Transport. The Chairperson of the Standing Committee on Energy, Roads and Transport does not have habit of postponing statements. I am the Chairperson of Energy, Roads and Transport. I am sure he is referring to another Committee.

On a point of order, Mr. Speaker, Sir. Is it in order for the Chairperson of the Committee on Energy, Roads and Transport to insinuate that I have the habit of delaying statements and he knows the problems that chairpersons go through before they get responses?

He said that his Committee does not delay in bringing Statements. I think it was on a light note.

On a point of order, Mr. Speaker, Sir. Last week, I raised a concern that many of our young people who visit us in Senate, unlike what used to happen in the past, they are no longer being recognised. The tradition has been that we recognise the school or institution. If time allows, we even say something to them. Has that changed? In fact, last week, a group that had gone out was sent back in. Today, there have been two schools in the Public Gallery, but none of them were recognised. That is what I want to draw to your attention.

Order, Secretariat! That is wrong. We need to acknowledge all the visitors who come to this Senate in accordance with our tradition. Otherwise, it will be discriminatory to recognise some visitors and leave out others. So, I direct that we recognise all visitors who come to the Senate. So, those who are in charge, please, take note of that.

Thank you, Mr. Speaker, Sir, for this opportunity. Let me make some observations about riding on questions. I have discovered that the answers that the Chairpersons are bringing are not considering the part of the riding, rides or riders.

I rode on the statement of the SGR. I would beg the Chairperson of the Committee on Lands, Environment and Natural Resources to read a copy of the HANSARD and address the concerns of the people of Taita-Taveta County whose land was taken by SGR and have not been compensated. 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 Chairpersons are here and they have noted that. Whenever there are riders, please, take note of their concerns and include them in your responses.

.: On a point of order, Mr. Speaker, Sir. The practice is that when a statement is sought from Ministry, they are given a copy of the HANSARD to see concerns of hon. Senators. Therefore, the issue raised by Sen. Mwaruma is correct. The person answering the question has a statement and the HANSARD with the extra information that was sought. That matter ought to go to the Secretariat. The Clerk should check for us.

It is noted.

On a point of order, Mr. Speaker, Sir. I wanted to raise the concern by Sen. Mwaruma. When they are doing a letter requesting for a statement, a copy of the HANSARD is normally availed to them. I hope that practice is being kept.

Okay. The Secretariat has noted. Hon. Senators, it is already 4.00 p.m. so, the other statements will roll over. PROVISION OF WATER SERVICES TO KITENGELA TOWNSHIP AND ITS ENVIRONS EFFECTS OF CLIMATE CHANGE ON PASTORALISTS CONSTRUCTION OF APARTMENT BLOCK ON THE NAIROBI RIVER BANK ALLEGED MURDER OF MS. NATEMBEA BY HER HUSBAND LICENSING AND CO-ORDINATION OF LIQUOR RELATED LAWS DEROGATORY SONG AGAINST THE KAMBA COMMUNITY

Next Order!

(Hon. Lusaka) Sen. Wamatangi, you may take the Floor.

Thank you, Mr. Speaker, Sir. Last week, I had already moved this Bill, but debate on it was interrupted before I finished. However, I had a few more points to highlight and then wrap up. Allow me to do a quick recap for the benefit of hon. Senators who were not present then. When debate was interrupted at the rise of the House, I had largely taken Members through what I had intended to propose in this Bill. The principle object of this Bill is to provide for procedures and ceremony for the assumption of office of the county governor by the county governor-elect. Currently, there is no legal framework governing the assumption of office of the county governor. That is what this Bill seeks to do. Secondly, the assumption of office of the county governor by the governor-elect with the necessary modifications of the assumption of office, also envisages the position of the office of the deputy governor-elect or the speaker of the county assembly, this is premised in Article 182(2) and (4) of the Constitution. I may not want to read that Article again. I had already done that. I am just trying to pick on some of the highlights. I had also highlighted that in Clause 5 of the proposed Bill of the Assumption of the Office of the County Governor Bill; we have proposed the formation of an ad Hoc Committee whose lifespan will expire at the time the work of the assumption of office by the governor is over. In that respect, we have included a list of the officers within the county government whom we propose to be the members of that Committee. I had highlighted that that Committee will include: (a) the County Secretary who shall be the chairperson; (b) the principal legal adviser in that respective county; (c) the Chief Officer in the department responsible for matters relating to county public service; (d) the Chief Officer in the department responsible for matters relating to information and communication; (e) the Chief Officer in the department responsible for matters relating to finance; (f) the Chief Officer in the department responsible for matters relating to public works, roads and transport; (g) the County Commissioner; (h) the head of the National Police Service in the county; (i) the Policing Authority representative in the county; (j) the Clerk of the County Assembly; and (k) two persons nominated by the Governor-elect. 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)

Mr. Deputy Speaker, Sir, I beg to move and request the Senator for Makueni, the Duke of Makueni---

(Sen. (Prof.) Kindiki): Order, Senator! We have no Dukes in this Chamber; there is no single Duke in this Chamber! Order, Senator!

Mr. Deputy Speaker, Sir, this is a title we have bestowed upon him. I had the opportunity to witness that he also has a Duchess. However, I request the Senator for Makueni, Sen. Mutula Kilonzo, to Second the Bill. Thank you, 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): Sen. Mutula Kilonzo Jnr., please confirm whether you are a Duke.

Mr. Deputy Speaker, Sir, that is a reference given to me by my colleagues. I have never denied the title of Duke. Thank you, Hon. Deputy Speaker. I rise to support the Assumption of Office of the County Governor Bill (Senate Bill No. 1 of 2018), and congratulate Sen. Kimani Paul Wamatangi for this Bill. Unfortunately for us, this is a Bill that we discussed and debated at length during the last Session. My colleague, Sen. Wamatangi, was like a prophet or a seer. The handover ceremonies that were done after the last General Elections were a sham, full of drama like a circus and a soap opera. For example, in the County Government of Kitui, the outgoing Governor decided not to attend the ceremony, while the outgoing Governor of Nairobi decided to come with books, and we do not know what books they were. The outgoing County Governor of Kiambu, where Sen. Wamatangi comes from, refused to attend altogether. Others handed over flags while others handed over many contraptions and other things. Mr. Deputy Speaker, Sir, immediately after we passed this Bill in the Senate and it was transmitted to the National Assembly before the general elections, the then Cabinet Secretary in charge of the Ministry of Devolution and National Planning, hon. Mwangi Kiunjuri, followed up on this Bill and then, instead of this Bill being passed, he issued a circular. Mr. Deputy Speaker, Sir, regarding the lacuna that my colleague, Sen. Wamatangi has pointed out, the rest of us have not even seen the hole that is going to be created if we do not have a legal framework. Twenty six Governors are going to leave office by virtue of law in a single election, because their second terms would have come to an end. Without a legal framework, we will have a tragedy. Mr. Deputy Speaker, Sir, Gov. (Prof.) Anyang Nyong’o invited me to his county to speak to some of his County Executive Committee Members (CECs) on some laws regarding devolution. You will be surprised that in the County Government of Kisumu, there was no single paper that was handed over to Gov. (Prof.) Anyang Nyong’o. In another county, a generator was found in a private residence. Maybe several other things have not been found in many other counties. Unless we put in place a legislative framework that is compulsory and must be followed with penal sanctions to outgoing governors, counties will be mortgaged and auctioned and there will be no reports and nobody will fine the governors. I hope that the committee that will interrogate this Bill will look at the matters that Sen. Wamatangi has ably put in Clause 17 which provides that the county flag, the Constitution and the public Seal shall be handed over . What about a schedule of debts and assets and the number of staff that a county has? If we elect governors and call them Chief Executive Officers (CEOs) of counties under Article 179, then they must behave like CEOs. We must demand that they hand over. Otherwise, assets of counties will disappear. I am happy that the Supreme Court has seen the wisdom of some of the provisions in Sen. Wamatangi’s Bill. This was manifested in the Supreme Court advisory opinion referenced Number 1 of 2015 to the Speaker of the County Assembly of Embu on 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. (Prof.) Kindiki): Thank you, Sen. Cheruiyot. Proceed, Sen. Olekina.

Thank you, Mr. Deputy Speaker, Sir. I rise to make my contribution to this very important Bill. I want to congratulate Sen. Wamatangi for bringing it albeit a little bit late. The process of taking over from your predecessor sometimes can be very challenging. I have witnessed in various counties where you The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Olekina. I will bring to your attention that the proposed amendments could be followed up at the Committee stage so that we do not just criticise the Bill then it eventually passes without those important critics being put on board. Proceed, Sen. (Prof.) Kamar.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I would like to congratulate the hon. Senator for this Assumption of Office of the County Governor Bill, 2018. I support it wholeheartedly because it has tightened quite a number of loose areas. I want to join colleagues who have said that the experience we have had in the first handing over of the first governor to the second ones had a lot of challenges but this Bill has largely addressed them. However, I would like to touch on two or three areas. One, Part II of the Bill is on the membership of the Committee which has two chief officers of the outgoing governor except for two members who are appointed by the governor. In fact, the county secretary is also an appointee of the outgoing governor. It looks like it will be heavily on the side of the outgoing governor. Mr. Deputy Speaker, Sir, I will be persuading the Mover of the Bill at the Committee Stage, to introduce another person in the name of an appointee from the Judiciary, for example, a magistrate. We need somebody from a neutral arm of Government to oversee this. In fact, in the amendment, I would like to propose that the same person coming from the neutral arm of Government should be the chairperson of the Committee. This is because of what my colleagues have said that, if an outgoing The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Kamar. Proceed, Sen. Dullo.

Thank you, Mr. Deputy Speaker, Sir. I wish to support this Bill. Sen. Wamatangi and Sen. Murkomen need to agree on certain overlapping aspects in this Bill and also in the County Governments (Amendment) Bill, 2017, that was brought to this House by the Senate Majority Leader. One of the things I have seen overlapping is Part III, Section 11, 12, 13 and 14 of this Bill, which are also covered in the County Governments (Amendment) Bill, 2017. They need to sit together and harmonise which one should carry those provisions. Mr. Deputy Speaker, Sir, this is a timely and important Bill that addresses the gaps in the process of handing over and taking over for the outgoing and incoming governors. One of the areas I would want to be strengthened is the composition of the Committee. We need to bring in a representative of members of the public and not only the office bearers. So, a person who may be representing the Chamber of Commerce within the county could be one of the representatives or any other person that can represent members of the public in this Committee. This way, the public will feel that they are represented in terms of handing over and taking over of the office of the governor. Secondly, I propose that the handing over should be done much later. This is because from our experience, we have realised that the outgoing governors either do not hand over properly or do not even appear for the handing over. Therefore, for them to be held accountable, they should actually spearhead this process of handing over a month or two before the elections. This way, they can be held accountable and they can 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, Sen. Dullo. Proceed, Sen. Ongeri.

Thank you, Madam Temporary Speaker, for the opportunity to contribute towards the Assumption of Office of the County Governor Bill (Senate Bills No. 1 of 2018). Madam Temporary Speaker, there was almost a near collapse of the functions of county governments, particularly when we had the most unfortunate situations where we either lost the governor or where the deputy governor resigned abruptly without any reason or for whatever reason there might have been. One of the things that I have seen in county governments is the haphazard manner in which county resources are handled, particularly towards the period of elections and immediately after the election. Fortunately, this Bill is prescribing the remedy coming immediately after the August elections in accordance to our Constitution. That means we should look for provision that will take care of what happens up to 30th June. After 30th of June, when the new financial year starts, nobody will have a mandate to spend resources in one way or the other until the new government is in place. I have seen that gap happen in one of the counties, where the County Executive Committee (CEC) Members and Chief Officers went on the rampage and employed people beyond the required numbers. This has brought a lot of difficulties for the young people who were employed because they have no employment letters. They were just taken and left there hanging. They do not get salary because they are not on the payroll. This is the kind of mischief that we should take care of immediately before the assumption of office. How do we treat this mischief which happens maybe two or three months before the elections? We should find a way of treating this mischief. I admit and agree that this assumption of the office of the county governor is predominantly so during the general elections. The only difficulty we see is in between the elections when a vacancy arises. All the proposals made in this Bill satisfy that need. I remember when I was a Minister for Local Government, one of the things that we used to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Sen. (Prof.) Ongeri.

Thank you, Madam Temporary Speaker. I join my colleagues in saying that there is no better time than now for this law to be passed by this House. It comes against the backdrop of most governors who were being sworn in without a legal framework that was in place. It will allow a seamless transition from the outgoing governor and governor-elect. The Assumption of the Office of County Governor Bill, 2018 is very important. It will address some of these challenges we have faced over time. Madam Temporary Speaker, the biggest test was 2017. The second generation of governors were being sworn in with no proper procedure of the committees or the legal parameters that could be raised and used at any point in time. In some of the places, outgoing governors did not turn up to hand over while in others the judges did not have the Oath of Affirmation. I believe in the addition of the functions of the Assumption of the Office of Governor Committee in this Bill; which has not been indicated. I hope when amended, the functions will include the fact that the committee should design the appropriate the oath. Subsequently, we do not want to go to a place and have a standardised form of Oath of affirmation or somebody has to carry the Bill itself or the County Government Act and read the Oath of Office of the County Governor. The Assumption of the Office of Governor Committee should come up with the Oath of Affirmation in line with the provisions of the Constitution. One of the functions of the Assumption of Office Committee Members is ensuring that the documents they prepare include financial status of the county and the bank accounts. Consequently, the incoming governor will be aware of the number of bank accounts the county government has. Some of the governors might be in office three months, six months only to learn that there were some bank accounts being run by specific individuals and yet they belong to the county. The other function must include drawing up a register of assets and liabilities. We have problems; especially during the Transition Authority era. They had a problem where these assets should be itemised properly. A county like Nandi, the number of acres of land which the county government own should be specific. We should have a schedule that is annexed to this Bill so that we know how many cows and chicken the county government owns. 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, Member! I can see an intervention by Sen. Pareno.

On a point of order, Madam Temporary Speaker. I am just wondering whether it is in order for the Member to continue talking yet the Mover of this Bill is not in the House. I thought he should have cared to listen. Is it in order for the honourable Member to make such good contribution for certain aspects to be amended and included in the Bill when the Mover is absent?

(Sen. (Prof.) Kamar): Order Members, the Standing Orders do not bar us from contributing in the absence of the Member who moved a Bill. I want to assure you that the Mover is watching in the next room and taking notes. So, let us continue.

That was my worry but I now know that at least he is watching or taking notes and he might want to check the records of the House. Madam Temporary Speaker, I was specific on the funding because counties are notorious in abusing and misusing public funds. We should look at the funding and put ceilings. Somebody who should set up such committee could lose an election. It could be a governor and he or she might even not show up during the swearing in of the incoming governor. What will prevent him or her to use that avenue yet the issue of funding is not provided in law? We need to come up with a law so that we protect the resources 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.

Thank you, Madam Temporary Speaker. I stand to support the Assumption of Office of the County Governor Bill (Senate Bill No.1) of 2018. I support this Bill because it provides the legal framework for the assumption of the office county government. In this regard, I congratulate the sponsor, Sen. Wamatangi, who is a good friend. I also confirm that this Bill will take care of some of the challenges and gaps that we are already experiencing as a nation. The Bill stipulates the functions of different offices and also provides continuation of the offices and the plans. What we are currently seeing is bad. The challenge in the county offices is that when the officers’ term is coming to an end, they take advantage of that season, especially the last year, and misuse almost everything that is on the ground in terms of personnel, facilities, motor vehicles and everything that is there. They usually clear the offices during the period between the election and when they exit. The incoming government ends up inheriting empty space and struggles to do so many other things. For that reason, I support this Bill which I believe will take care of that and also come up with a proper continuation plan, where all the projects will be fully catered for. This will ensure that the projects that the outgoing governors started will not stall when they exit. Instead, they will continue and the county will continue to benefit. The other area is where we have so many personnel on the ground. It has come to our knowledge that there is a lot of nepotism. The only way to overcome some of these challenges is by coming up with proper systems that can work to guard and guide the executive even in terms of employment. This will ensure that they will not just consider their relatives for permanent and pensionable employment. They will be guided by human resource policy. This is the second time that county governors have been elected, but we are already facing challenges in many counties because they have inherited unqualified officers who have been employed and will remain there for many years. This Bill should go a little further to provide proper systems and structures of how employment and all other matters, which I believe are already in other policies, can be strengthened. The Bill seeks to fill the gaps that have already created a lot of problems, as I said at the beginning. It also provides that there will be proper records that will be kept. Somehow, we are lacking that in all the counties and that is where the looting and other things come in. However, we should also suggest that proper inventory be kept in all the offices, so that when their term comes to an end, they can leave the facilities and work can continue. Proper auditing needs to be done before the governor exits office. We have seen many counties experience a lot of financial challenges this year because they inherited a lot of debts that cannot be accounted for. The members of staff are also having challenges with their payments. Proper auditing should be done before the handing over and taking over is done, so that anything that is pending can be dealt with before the executive 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, hon. Senators. There being no other Member wishing to debate and given the fact that the Mover had excused himself this afternoon, I direct the reply be given tomorrow. Next Order.

THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2017) Hon. Senators, I would like to bring to your attention that the Senate Majority Leader is not around. For that reason, we defer Order No.10.

Next Order.

(Sen. (Prof.) Kamar): Hon. Senators, this is a resumption of debate which was interrupted on Tuesday, 6th March, 2018. The Member who was on the Floor at the time was Sen. Pareno. She has a balance of 18 minutes. Proceed, Sen. Pareno. 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, for allowing me to proceed with the debate. I am happy that the Mover is around to hear what I will say on this Floor. I thank him and Sen. (Dr.) Milgo for representing us in the conference. This conference was established under the United Nations (UN) and the African Union (AU) with the main of ensuring peace, security, democracy, development and resolutions of conflict among the conference parties. I took note of two things when the hon. Member was moving the Motion. There was a lot of interests in their discussion with regard to countries that held elections in 2017. For example, Kenya was a topic for discussion because we had our general elections in 2017. We all remember towards election date, a very senior Information Communication Technology (ICT) Director of the Independent Electoral and Boundaries Commission (IEBC), Chris Musando, was mysteriously killed after being tortured. To this date, we do not know what happened. Few days to the election, the IEBC Chairman, Wafula Chebukati told Kenyans that he was not sure whether he would deliver a free and fair election. A few days later, he changed his mind and assured Kenyans of delivering a credible election. No wonder it was the reason we were a topic of discussion at the conference. We, as a country, what impression did we create in that conference? Were we seen as people who conducted free and credible elections? Are we a good example of democracy in developing countries? What caught the attention for our country to be discussed in this Conference is that days before the general elections, one of the Independent Electoral and Boundaries Commission (IEBC) commissioners resigned and said that she could not guarantee a free and fair exercise. I understand why they came out to discuss Kenya in this particular Conference. Madam Temporary Speaker, on 8th August last year, we conducted the general election but the presidential election was annulled. We entered the books of history as the fourth country to annul a presidential election in the world. I am sure that all these things led my lovely country, Kenya, to be discussed in this Conference. They were within their mandate because the mandate of the Conference is to have an overview on how our countries are behaving when it comes to the democratic principles that we promise to abide with. Madam Temporary Speaker, I went ahead to look at page 15 of the Report that was tabled. It has some of the interesting findings that were reported about our elections. They said that the European Union Election Observation Mission (EUEOM) noted that there was delay in the start of voting, there was no biometric identification and there was delay in delivery of the voting equipment. Despite seeing what was happening in our elections, inclusive of what I have indicated, they went ahead to say that the elections in Kenya were free and fair. We have moved on as a country. However, in future, whoever attends these conferences should propose that EUEOM should not only observe elections on the day of the election. We tend to forget that there are so much preparations towards an election, on the day of the election and the day after the election when there is counting of votes. In future, the EUEOM should take into account the entire process. Election is not just about how long the queues were and how peaceful the people were as they queued 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, Senator. Noting that there is no other Member wishing to debate, may I now request the Mover to reply.

Thank you, Madam Temporary Speaker. This is a Motion to adopt this Report. I am glad it has been canvassed thoroughly and I thank Members who have spoken to it. The Forum of Parliaments of the Member States of the International Conference on the Great Lakes Region (FP-ICGLR), did not have a problem with Kenya’s candidate. As the Report says, we entered the candidacy late to begin with and then we did not comply and so, we missed an opportunity. However, because it is still possible that Kenya has another chance coming in future, we did not give up on that particular one. I would like to laud all those who have contributed and I am thankful that we can adopt this Report. With those few remarks, I beg to reply.

(Sen. (Prof.) Kamar): Thank you, Senator. I confirm that this is not a matter affecting counties. For that reason, I will put the question on the Motion.

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): Hon. Senators, it is now 6.30 p.m.; time to adjourn the House. The Senate, therefore, stands adjourned until Wednesday, 14th March, 2018 at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.