Honourable Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a visiting delegation from the Parliament of Uganda, comprising Members and staff from the Committee on Commissions, Statutory Authorities and State Enterprises. I request each member of the delegation to stand when called out so that they may be acknowledged in the Senate tradition. They are: - (1) Hon. Medard Sseggona Lubega, MP - Leader of the Delegation; (2) Hon. Florence Namayanja, MP; (3) Hon. Francis Takirwa, MP; (4) Hon. Agnes Ameede, MP; (5) Hon. Byandala Abraham, MP; (6) Hon. Abigaba C. Mirembe, MP; (7) Ms. Justine Namubiru - Parliamentary Officer; and, (8) Ms. Dinah Muhangi - Parliamentary Officer. Honourable Senators, the delegation has been in the country since 11th March, 2018 to interact with our watchdog committees and other Government accountability offices. On behalf of the Senate and on my own behalf, I welcome them to the Senate and wish them fruitful engagements during their stay in the country. I thank 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.

Honourable Senators, I would also like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting Hansard Staff from Kiambu County Assembly. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf wish them a fruitful visit. I thank you.

VISITING DELEGATION OF SERJEANT-AT-ARMS STAFF FROM KERICHO COUNTY ASSEMBLY The Speaker (Hon. Lusaka): Finally, honourable Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting Serjeant-at- Arms Staff from Kericho County Assembly. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf wish them a fruitful visit. I thank you.

Mr Speaker, Sir, on behalf of my colleagues, allow me to join you in welcoming our friends and honourable Members from Uganda. We are very glad to have our brothers and sisters from the East African Community (EAC) joining us to benchmark on the progress we have made in areas of accountability. There is a lot to learn from the two countries. The relationship between Uganda and Kenya is good. We believe that the process of political federation will be expedited so that in future, maybe, one of us sitting here or at the Gallery will be the president of the EAC. I also hope that we will have one large Parliament that will bring us together to take advantage of the numbers so as to make a strong economic bloc that will compete with other countries in the world. I also congratulate and welcome the staffers from Kericho and Kiambu counties. Our responsibility here in protecting devolution continues and under your leadership, we will continue mentoring our counties in different spheres. I thank you for giving me the time.

Thank you, Mr. Speaker, Sir, for the opportunity to welcome staff from Kericho and Kiambu. I encourage them to work with the assemblies that provide primary oversight over the management of affairs of the counties. Like my colleague has said, this House will continue giving them support so that they can discharge their responsibilities fully. 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. May I also join you and my colleagues in welcoming our friends in the Speaker's Gallery. The Members from Uganda are highly welcome to this country because they are our great neighbours. I note that Uganda is one of our greatest friends and it has contributed to the economy of this country, being one of the biggest importers of commodities from this country. I want to thank them for this. We have enjoyed this because of the great peace that we have been sharing within our borders. Mr. Speaker, Sir, I also want to welcome Members from Kericho County Assembly. I wish they were here yesterday when Sen. Cheruiyot moved a Motion on the issues facing tea farmers in this country, considering that Kericho is one of the counties that are a major tea grower in this country. So, I would like to join you in welcoming them and also Members from Kiambu County Assembly. They are welcome to this House. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I also join my colleagues in welcoming the delegations from the two counties and also the one from Uganda. I would have trouble at home if I did not welcome the Ugandan delegation. I went to Uganda with a suitcase and I came back with a wife, children, two degrees and a lot of experience.

I spent seven good years of my professional life in Uganda. I am married to a lovely lady whose parents one comes from Gulu and the other one from Jesa in Buganda land. So, Uganda is very much home for me; they are my bakois, which means in-laws. Mr. Speaker, Sir, there is a lot that we can learn from Uganda. We tend to think that Kenya is a big brother or a big superpower. However, even in parliamentary practice, you will realise that what Uganda has done when it comes to the budgeting process, it is something that Kenya can still emulate. You will realise that even when it comes to issues that we have been grappling with, like the Constituency Development Fund (CDF), Uganda had that experience and out of that, they have made the right decision. They have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Speaker, Sir. I am told that Sen. M. Kajwang’ might be dealing with the balances in dowry, but they also take it through West Pokot.

Mr. Speaker, Sir, I am very grateful that we have an opportunity, as a tradition, to welcome our colleagues from Kericho and Kiambu counties. However, I would like to specifically thank my friends from Uganda. I do not have to belabour the point, because that is my second home.

The Senate Majority Leader himself has declared that, that is my second home. For starters, for my friends from Uganda, I went to Moroto and Nambale High Schools and then to Makerere University. So, that completes my journey. I agree with Sen. M. Kajwang’ about Uganda; but the only thing I did not do is to come back with a wife and children. However, I came back with education. Mr. Speaker, Sir, the importance of Uganda to us, in West Pokot County, cannot be gainsaid. The President of Uganda has really helped with the peace and security situation along the border and we are very grateful to the Ugandans. Those of us who border Karamoja, Turkana and Endesabi, have enjoyed great peace since the Uganda Government embarked on pacifying that area. I am, therefore, very grateful. I am hoping that I can now send my cows to graze in Uganda and they will come back in one piece; that is a great advantage. More importantly, Mr. Speaker, Sir, we have a shared educational structure. A lot of our people go to study there and a lot of them also come to study this way. So, we share an East African border situation where the border does not literally exist, because we crisscross the boundary at will. Welcome and we thank you.

Thank you, Mr. Speaker, Sir. I take this opportunity to welcome our brothers and sisters from Uganda. I really enjoyed myself at the East African Legislative Assembly (EALA) when we would have to spend more than two weeks in Uganda and it felt like we were home. I was happy with the kind of hospitality we had in Uganda and I thank them for that. Every hotel that we went to, we always found Kenyans employed there in the hospitality industry. In fact, if there is a country where Kenyans move freely, conduct business freely; enter and leave freely, it is Uganda. I thank you for that kind of brotherhood. As of now, I miss the plantain, which is one very sweet banana from Uganda. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I would like to welcome the three delegations; one from Uganda, the other from our neighbour, Kericho County and Kiambu County. Like my colleagues who have spoken before me, I have very sweet memories of Uganda, having spent my formative years from 1952 to 1957 there. I did not come back with a wife, but to the extent that I became very fluent in Luganda language;

. That is the language saying thank you very much and welcome for being with us. Mr. Speaker, Sir, with regards to our visitors from the county assemblies, we are happy and grateful that you are able to come and see what we do here. We have recently had very tumultuous sessions, but you can appreciate that we are now taking another path which is guaranteeing us peace as we transact our Business in this House. So, it is good to benchmark with what we are doing, as Senators, in this august House. Thank you, Mr. Speaker, Sir.

Thank you, hon. Senators. Next Order!

Hon. Senators, pursuant to Standing Orders 220(1)(a) and 224(2)(b), I hereby report to the Senate that a Petition has been submitted through the Clerk by concerned residents of Kajiado County namely: (1) Sen. (Eng.) Peter Mositet (2) Florence Gatwiri (3) Judith Karamana (4) Mathew Mwikya (5) Richard Leiyagu (6) Farida Tarus (7) DorinaPrech; and, (8) Mukumbe Goodknows. As you are aware, under Article 119(1) of the Constitution, every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation. The salient issues raised in the present petition are as follows:- (a) That, the construction of phase 2A of the Standard Gauge Railway (SGR) is presently ongoing, with sections of the route passing through Kajiado County. (b) The construction of phase 2Aof the SGR has caused serious adverse effects to the environment and the communities along the SGR route, including air and noise 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 chance to comment on the Petition. From the onset, I want to declare an interest because I am from Kajiado County, having in mind that the SGR transverses the whole of Kajiado County; from Kiboko to the Ngong Hills in Kajiado North. The SGR project has had a huge impact on our people in terms of pollution, environmental issues and compensation. Therefore, I want to urge the Committee concerned when they are looking into this Petition, they should deeply look into compensation. There are still a number of people who have not been compensated, especially in Sultan Hamud, and Sen. Mutula Kilonzo Jnr. has stood and talked on the same many times. We also have some plot owners in Emali town and Kajiado north who have not been compensated.There is also the issue of Nairobi National Park and issues surrounding human-wildlife conflict. I also want to urge the Committee to look into issues of community related services that are also supposed to be offered in this case. The project contractors should also make sure that whenever they are doing such a kind of a project, whether it is SGR or any other project, they should involve the citizens in public participation for them to understand the implication of any project that is done within their counties. I also want to request for an invitation when the Committee is sitting on this Petition for us to understand the issues for we are the concerned parties.

Mr. Speaker, Sir, I rise to support the Petition. Fortunately, I have experienced SGR in Makueni. What my former colleague, Sen. Mositet, has raised is a very serious issue. In Makueni, it took the intervention of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir, for giving me the opportunity. I wish to support the Petition as well. The blast and the thing that they use when they are getting the rocks will cause a lot of damage to the communities and their property. The Committee should make sure that the contractors rehabilitate the environment to the same state they got it when they finish the construction of the SGR.TheSGR is very important to this country and we want to support it but they are creating a lot of gullies and quarries when harvesting rocks and they should be asked to fill up these quarries. Otherwise, we should not even talk of compensation when the whole environment is messed; the trees have been cut and the roads have been destroyed as earlier stated by the Senators. The Committee should look into these things and the quarries should be closed.

Thank you Mr. Speaker, Sir for giving me an opportunity to support this Petition. The issue of SGR has caused a lot of problems within the Maasai community, not only in Kajiado but also in Narok. I know that a lot of you saw that the Narok road split into two yesterday. This could have been an impact of the blasting that the SGR contractor is doing. However, on the Petition, I urge the Committee to come up with a standardised way of compensating land owners. This is because on this issue of compensation, it is very sad that when you are within a kilometre, for instance, in Suswa, you are paid “X” amount of money on the side of Narok while in Duka Moja, you are paid “Y” amount of money, and by the time you get to Sotik, it will be very different. Therefore, the Committee ought to come up with a procedure and set up a committee on setting standards on what should be compensated to the land owners. This The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

What is your point of order? Switch on your microphone.

Mr. Speaker, Sir, it is not a point of order. It is a point of information.

What is your point of information?

Mr. Speaker, Sir, compensation is paid according to the value of the land. If the land is at a very high value area, it is paid higher and if it is in marginal areas, normally, it is paid lower. I do not think the Committee can do anything concerning that issue because this is according to the law of the country.

Mr. Speaker, Sir, my issue is this; land is valuable and the issue of land is emotive. When the people of Duka Moja realise that the people of Suswa who were one kilometre away from them are being paid Kshs200,000 more per acre than their piece of land, it will bring a lot of problems. So, it behooves the Committee to consider coming up with a process whereby the valuation of land is done and the community is given time to respond to it. The other issue is title deeds. The Maasai people live in most of the pieces of land where the SGR is passing. There are no title deeds. When you go through Narok, Kedong Ranch, there has been a huge court case regarding the ownership of that land for very many years. So, it will bring a lot of issues. Yes, we do love the effects on the economy that the SGR will bring, but if it will affect our people’s standard of living and the way they live, then, of cause, we will object to it. So, I encourage, urge and fully support this Petition to allow the people to be involved. These are their issues and assets which are being bought or taken. So, on that matter, the Committee should also look at the issue of employment. This is because the locals have to be employed. Recently, a Maasai young man was killed when he was going to seek employment. There were issues that people were being brought from other areas and given those jobs. Therefore, this Petition is so timely. Finally, Mr. Speaker, Sir---

Order, Senator! Keep it short.

Thank you, Mr. Speaker, Sir. I want to raise the issue of the passage that the Committee should also look at. The way the SGR was constructed in Makueni was that, after every 800 metres, there is a passage for the animals. That standard should also be maintained. Thank you, Mr. Speaker, Sir.

For the remaining Senators, you just take two minutes. Proceed, Sen. Pareno.

Thank you, Mr. Speaker, Sir. I rise happily that this Petition has come. It is long overdue. I am happy that the people of Kajiado have seen it fit that this matter be addressed by this Senate. 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 sana, Bwana Spika. Swala la SGR ni nyeti sana kwa sababu linaathiri watu kutoka Mombasa mpaka labda Naivasha wakati itakamilika. Ijapokuwa SGR kwa sasa inafanya kazi, kuna baadhi ya watu ambao wameathirika kutoka sehemu ya Mombasa 001 mpaka 020 ambao hawajalipwa ridhaa kwa ardhi zao zilizochukuliwa kwa maswala ya SGR. Vile vile, kuna sehemu ya baharini kule Eneo Bunge la Changamwe ambapo mikoko na miti mingine ya thamani imeharibiwa na mpaka sasa, hakujakuwa na njia yoyote ya kurekebisha madhara kama yale ambayo yametokea kwa mazingira. Kwa hivyo, ninaunga mkono Petition ya watu wa Kajiado. Imekuja kwa wakati mwafaka kwa sababu kuna sehemu zingine ambazo hazijaathirika na mradi huu wa SGR ambazo zitakuwa muhimu kwa watu kuzichunguza kwa makini. Pia, wanafaa kuona kwamba yale madhara yanayosababishwa na mradi huu yanaweza kupunguzwa na wananchi wapate mradi bila kupata madhara ya mazingira. Asante sana, Bwana Spika.

Proceed, Sen. Sakaja.

Thank you, Mr. Speaker, Sir. Just very quickly, I thank the Petitioners, especially, the immediate former Senator for Kajiado, Sen., Mositet, for still engaging with this House on such matters. In as much as we also have similar concerns in Nairobi County, I just want to stress on the issue of standardisation and a standard for compensation. Only yesterday, close to 200 households of my residents in Imara Daima in a place called Riara Village were evicted rightfully because they were under the Kenya Power and Lightning Company (KPLC) electricity lines. I agree that they should not have been there because of the fires that have been occurring in the city. However, the concern is that, those across the road, who are on the Kenya Railways way leave had been compensated, but they were not compensated. This is because it is not KPLC policy to compensate. Can we, through this Petition, agree on a standard policy of Government because KPLC, Kenya Railways, Water Resource 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. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity. I support the Petition from Kajiado County because people from my county were also affected by the same, especially, on the issue of compensation. There is no standard value for land. You will find that somebody who has a title deed and a house gets Kshs4 million, but his or her neighbour without a title deed gets Kshs200,000. It is the role of the Government to give title deeds. Most land in Kenya has no title deeds. Some people are living in ranches and since ranches have block title deeds, they have not been able to get compensation. So, I would like to be enjoined in that Petition so that we can look at issues of compensation from Mombasa up to Naivasha. I beg to support.

Proceed, Sen. Madzayo.

Asante sana, Bwana Spika. Ningependa pia kuchangia Petition hii. Bw. Spika, swala la Standard Gauge Railway (SGR) ni nzuri katika nchi yetu ya Kenya, lakini limeweza kubadilisha maisha ya watu katika nyanja tofauti. Imebidi watu wahame mashamba na ploti zao ili SGR iweze kupata nafasi ya kupita. Tunaona malipo ya ridhaa yaongezwe kwa sababu yamekuwa duni na yanatofautiana kila mahali. Kwa mfano, upande wa Changamwe, watu wanalipwa kiasi tofauti na upande wa Mariakani au Mikindani. Serikali inafaa kuunda mikakati mwafaka ili wananchi wanaoishi katika sehemu ambazo SGR inapitia wajue jinsi watakavyolipwa pesa zao. Haifai wengine kulipwa laki mbili, wengine laki moja na wengine nusu laki. Hiyo si haki. Watu lazima walipwe kisawa. Sio kulipwa kulingana na pahali wanapoishi. Bw. Spika, reli ya SGR isitumike kama kielelezo cha kuua Bandari ya Mombasa. Hivi sasa, kunayo maoni ya kwamba, Bandari ya Mombasa itakufa.

Mr. Speaker, Sir, I congratulate our former colleague, Sen. Mositet and team for the Petition. It is ironic that there are those who are complaining about SGR passing their counties while where I come from, my people are complaining why it is not passing their counties. There is a lot of contradiction. There are those who are hurt by the SGR passing where they live and those of us who wish that it passed through our counties. What is important is to look at the national interest. As the Committee looks at it, there is a problem in this country where people do something close to what they say in company law ‘to be insider trading’. Once someone realizes that there is a Government project that will pass a particular area, the speculators quickly buy land from the locals at a cheap price and inflate the price to a level where it is becoming impossible to develop in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

What is your point of order, Sen. Madzayo?

Bw. Spika. Ninasimama kwa hoja ya nidhamu. Ninataka ndugu yangu Sen. Murkomen aelewe Kiswahili kisawa sawa. Je, ni sawa yeye kuanza kujibu akijua kwamba sitapata nafasi ya kujibu? Pili, mbona tumetengeneza bandari nyingine itakayoitwa dry port na ambayo mizigo itakuwa inashuka ilhali tunajua katika ulimwengu, bandari zote ziko kwenye bahari. Ikiwa mizigo itatolewa kule na ifanyiwe

What is your point of order?

Nisikize, Bw. Spika.

Ninakusikiza lakini hoja ya nidhamu ni gani?

Bw. Spika. Hoja ya nidhamu ndio hiyo niliyoisema.

Hapana. Umenza kutueleza story.

Bw. Spika. Ni sawa Sen. Murkomen kusema Bandari ya Mombasa itapitisha mizigo lakini clearance ifanywe Naivasha?

Mr. Speaker, Sir, I do not know why Sen. Madzayo is so worked up and I did not mention his name. I just said that there are some people who behave like they did not go to school who said the Port of Mombasa will be replaced by a dry point. I did not say it is Justice Madzayo. As a matter of fact, there will be no ship that will dock in Naivasha. There will be no sea to bring that ship all the way from Mombasa to Naivasha. This is commonsense. The role of the sea is the mode of transport and the Port of Mombasa as the final of destination. Unless anyone has a complaint about the Port of Lamu, you cannot compare the Port of Mombasa to the Port of Lamu. 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 information, Mr. Speaker, Sir.

What is your point of information?

Mr. Speaker, Sir, it depends whether I want to be informed.

Mr. Speaker, Sir, I want to inform the Senate Majority Leader. We are not against SGR passing through our county.

What is your point of order?

Mr. Speaker, Sir, I am not willing to be informed. Unless I accept to be informed---

Order! Is that a point of order or point of information?

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

Sen. Wetangula, what is your point of order?

Mr. Speaker, Sir, is it in order for the Senate Majority Leader to continue using fallacious arguments to the extent that, one; the distinguished Senator for Kilifi County, Sen. Madzayo, who raised the issue of the undermining of the Port of Mombasa, is doing so because he is uneducated? Two, to continue pursuing an argument that has absolutely no foundation; that a port cannot be undermined by the creation of a dry port because the sea will not be moved? Mr. Speaker, Sir, this kind of argument flies in the face of common sense, common decency and everything else that goes with it.

On a point of order, Mr. Speaker, Sir. For the record of the Senate of the Republic of Kenya, I did not say Rt. Justice Stewart Madzayo is unschooled. In fact, I did not base my arguments on Sen. Madzayo’s arguments but on political arguments that people are making out there. It has nothing to do with Sen. Madzayo unless he wants to juxtapose himself to that argument. Secondly, I will continue to insist that the Port of Mombasa, which is a sea port, cannot be compared to a dry port. It is even self-explanatory. If you have a sea port, it is a sea port. A dry port, has always been ---

CFA says and so forth--- this has always been all over the country including Mombasa County. So, it is my point of argument and you cannot use it to say that I am out or order. I am not out of order. You can make a different argument. You may not agree with 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.

Okay, hon. Members, 30 minutes are over. You will make those arguments in the Committee when the matter gets there. Hon. Senators, pursuant to Standing Order No.226(1), the Petition stands committed to the Standing Committee on Land, Environment and Natural Resources. In terms of Standing Order No.226(2), the Committee is required in not more than 60 days from the time of reading the prayer, to respond to the petitioner by way of a report addressed to the Petitioner and laid on the Table of the Senate. I, thank you. Before we progress, I want to make a communication.

Hon. Members, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Mwenda-Andu Secondary School in Nyandarua County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and my own behalf, I wish them a fruitful visit. I, thank you. Next Order. Where is the Chairperson of the Committee on Justice, Legal Affairs and Human Rights?

Thank you, Mr. Speaker, Sir. I beg to lay the following Petition Report on the Table of the Senate, today, Thursday, 15th March, 2018. This is the Report of the Standing Committee on Justice, Legal Affairs and Human Rights on a Petition by Gov. Stephen K. Sang’ on the historical injustices suffered by the Talai Clan, reported by the Speaker on 7th November, 2017. It laid out the historical injustice suffered by the Talai Clan at the hands of the colonial administration. The Petition was presented on behalf of the Talai Clan who are residents of Nandi County and the entire Talai Clan in the greater Nandi County and parts of Kericho County in the Rift Valley region. The Petition alleges that the Talai Clan suffered the following injustices at the hands of the colonial administration:- (a) Abuse of fundamental human and civil rights by way of mass murder; 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. Just for clarity, is the Report being tabled or discussed?

It is being laid.

Mr. Speaker, Sir, it sounds like it is being read out in full.

Just lay the Report.

Mr. Speaker, Sir, okay.

So, do I table the ---

Read the recommendations and then sit.

Mr. Speaker, Sir, let me just go through the recommendations and then Table the Report. I beg your indulgence, just quickly. The Standing Committee on Justice, Legal Affairs and Human Rights resolves that:- (1) The Report of the Committee be forwarded to the National Land Commission (NLC) to undertake investigations on land injustices suffered by the Talai Clan, pursuant to the National Land Commission (Investigation of Historical Land Injustices) Regulations, 2017 (L.N. No. 258 of 2017) and recommend appropriate remedies for the community. Further, that the NLC shall submit a report to the Senate on this particular issue within 6 months of the receipt of this Report pursuant to Article 254(2) of the Constitution which states as follows:-

Are we supposed to comment?

Yes.

Yes, briefly.

Mr. Speaker, Sir, under Standing Order No.226 when such a Report is tabled, you have discretion to allow a few comments that do not amount to debate. I have listened very carefully to the recommendations of the Committee and I am surprised that the Committee makes absolutely no reference to the Truth, Justice and Reconciliation Committee (TJRC) Report. This is because the brutality with which the people under reference, the Talais of Nandi, met at the hands of colonial settlers, is the same brutality people met in every settlement area in this country. I would have loved for the Committee to look at the TJRC Report that has a broad and clear analysis and recommendation on how to address those historical injustices so that the case of Nandi becomes a catalyst for resolving national issues that are similar in nature, countrywide. 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, allow me to comment on this issue, because the problem of the Talai Clan is not just a Nandi Community problem; it is, indeed, a Kenyan problem. When the leadership of the Talai Clan was exiled, many of them were sent to Lambwe Valley, which is in Suba in my county. Some of them were also sent to Mfangano Island. The intention of the colonial powers was for them to be killed by malaria from the tsetse fly or mosquitos. The footprints of the Talai in Lambwe Valley and Mfangano Island exist to date. You can still trace the lineage of some of the elders and the seers who were sent to those areas. Indeed, the Olusuba of the Abasuba community is richer because of the small interaction they had with the Talai Clan. Mr. Speaker, Sir, the recommendations are fairly tepid because this is a matter that has come to this Senate before. We need to be much more aggressive and decide how we want to deal with our heroes. This is especially for those heroes who resisted colonialism and who fought physically against white domination and land grabbing. We have muted this subject in this country, which is live in Zimbabwe and South Africa. Until the day we deal with this matter radically and face it head-on, it will continue to be a painful blister. As I conclude, Mr. Speaker, Sir, the petitioner is currently the Governor for Nandi County and he sponsored a Bill in the last Parliament called the County Hall of Fame Bill. I am not sure whether it was enacted into an Act of Parliament. This would be a good opportunity for Gov. Sang to push the County Assembly of Nandi to enact a County Hall of Fame Act, so that the Talai Clan and other heroes from Nandi and within his county who contributed to the liberation of this country could be recognized and respected. Finally, Mr. Speaker, Sir, how I wish the Committee would have made some radical recommendations on the issues of the land leases on the land that was taken from the Talai Clan by the white colonialists. The leases on these lands have now been renewed for the benefit of a few bourgeoisies in this country. Thank you, Mr. Speaker, Sir.

Proceed, Sen. Mutula Kilonzo Jnr. Please, make brief comments.

Mr. Speaker, Sir, I wanted to mention that in making some of the recommendations, we acknowledged these issues. First, I am the one who brought the Motion here for the National Commission (NLC) to bring the Bill on land injustices. However, instead of doing that, they sneaked in a small amendment to the Land Act. The regulations on how to handle historical injustices are now in place. We, therefore, considered the Report of the Truth, Justice and Reconciliation Commission (TJRC). However, since there is a process that is required to be followed under the regulations, it was, in our wisdom, correct to allow the NLC to interrogate the matter in detail, because it rests with them. We have since asked that the TJRC Report together 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. Ongeri. Please, make brief remarks.

Thank you, Mr. Speaker, Sir. I commend the Chairperson of the Committee on Justice, Legal Affairs and Human Rights. We would have wanted to see these issues of historical injustices dealt with in a wholesome manner. The case of Kericho and the one of the Mau Mau have gone through. However, there are many others that we need to look into so that this country can take time to heal. For instance, we also have the historical injustices which were meted out against the Kisii community, where my grandfather was killed holding a shield, thinking it can protect him against the bullet; he was shot dead. There was also the case with the Otenyo family. These are issues that have never been resolved and they are with us here. So, Mr. Speaker, Sir, through that Committee, it may be now prudent to revisit the TJRC Report and the recommendations from the NLC so that we can tackle this matter together and put it to rest. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I also want to make very brief comments about this Report, bearing in mind that amongst the people that I represent in this House, are members of the Talai community. This community today continues to wallow in extreme poverty, thanks to the atrocities that were committed against them by the colonial Government. I have had the opportunity to briefly read through the report and listen to some of the recommendations. However, two things come to mind. Mr. Speaker, Sir, history has taught us well that part of the reasons why human beings succeed is when they get a good foundation from their family. The reason why members of the Talai Clan continue to wallow in poverty is because one of the things that the colonialists did was to destabilize them and get them off their ancestral land. This report does not, in any way, propose measures and ways in which the Talai can be compensated either monetarily or otherwise. I wish that this report had gone into depths, saying that in as much as we may not bring Koitalel Arap Samoei and other members of the Talai Clan back to life, the known members of that clan who still live today can be compensated. This will, at least, make The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I join my colleagues in supporting this report. I believe I am one of the Senators who went to visit the Talai community with the then Sen. Sang, who is the Governor for Nandi County. With us were also Sen. Amos Wako and Sen. Mutula Kilonzo Jnr., if I am not wrong. Mr. Speaker, Sir, this community is living in abject poverty in Nandi County. When we went there, it was actually like they were liberated on that day, because they had never seen anything like that. Their children are not going to school and they are even called wizards. It is a big violation that in Kenya today, where we have the new Constitution and so many other legislations, a whole community is regarded as an outcast. Mr. Speaker, Sir, what Gov. Sang is doing can be imitated by so many counties that have gone through such problems, especially where I come from. During Independence some of them were chased out of Kenya and went to Somalia. Up to date they are living in utter poverty in Somalia which they have now regarded as their country. Some of them returned to Kenya but were unable to access identification cards ten years down the line. I will emulate what Governor Sang has done by bringing a petition against the Government of Kenya after Independence and also the British Government. This is because people were killed and unfairly exiled from Kenya. With this, the Talai community will be liberated and be able to live in Nandi County. Under the leadership of Governor Sang, I am sure their interests will be protected. Thank you, Mr. Speaker, Sir.

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

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Oseni Girls’ High School in Baringo County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I thank you.

Let us have the Chairperson of the Committee on Justice, Legal Affairs and Human Rights. REPORT ON PETITION: USAGE OF THE WORD “HARAMBEE” IN THE COAT OF ARMS AND THE PUBLIC SEAL

Mr. Speaker, Sir, I beg to lay the following Report on the Table of the Senate, today, Thursday 15th, March, 2018. Report of the Senate Committee on Justice, Legal Affairs and Human Rights on a petition by Isaac Aluoch Aluochier on the usage of the word “harambee” in the Coat Of Arms and the Public Seal reported by the Speaker on 14th February, 2018. The Committee made the following observations:- (1) That languages are dynamic and often borrow and give new meaning to words, noting that the people of the east African coast have been in contact with many cultures and languages. (2) That the plain and ordinary meaning of the word as defined in the Kamusi ya

is widely used and accepted. “Harambee” is defined in the Kiswahili dictionary as “ Mwito wa kutia moyo watu ili kuweza kusukuma na kuvuta kitu. (3) That the plain and ordinary meaning of the word “Harambee” as defined by

is widely used and accepted. “Harambee” is defined and used in the Kiswahili dictionary as such. The Committee on Justice, Legal Affairs and Human Rights, therefore, resolved that the Petition did not have merit. It is, therefore, my pleasant duty to lay this Report before the Senate.

Let us have Sen. Mutula Kilonzo Jnr. 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 support the Report. The only thing that the Chairperson did not say, which he should have done for the record, is that we discovered from the Hansard reports of Parliament that, in fact, the word ‘Harambee,’ used by the founder of the nation, Mzee Jomo Kenyatta, was a mispronunciation. The correct word was ‘halumbe’ that ended up being ‘Harambee,’ which was adopted. However, the correct word that was captured and corrected much later is a word that we got an interpretation from Sen. Faki from Mombasa. The word is ‘halumbe,’ which means pulling together. The word ‘Harambee’ was a slip of the tongue.

Asante Bw. Spika. Neno ‘ halumbe’ ambalo Mhe. Seneta wa Makueni amelizungumzia ni ‘Halambe’ kwa lugha ya Kigiriama. Jina la Kiswahili hasa ni ‘halambe.’ Kama alivyotangulia kusema maana ya ‘halambe’ ni kuvuta pamoja. Harambee ilikuja kwa sababu ya matamshi. Kwa mfano, dada yangu pale, Sen. Kihika, anaweza kusema ‘hera’ badala ya ‘hela.’

On a point of order Mr. Speaker, Sir. Is it in order for the Senatorfor Mombasa County to use the example of Sen. Kihika? I think it is the wrong one, when we know very well that there is a proper---

I hold her brief and that is why--- He should have chosen a more appropriate example.

Order, Senator. I think the Senator is extremely happy. Proceed Sen. Faki.

Bw. Spika, neno ‘Harambee’ linalotumika katika Coat of Arms halihusiani kamwe na ‘ambe’ambaye anasemekana ni Mungu katika sehemu zingine za dunia. Kwa hivyo nakubaliana na uamuzi wa Kamati ya Haki, Maswala ya Sheria na Haki za Kibinadamu, kwamba ombi la ndugu Aluoch Polo Aluochier halina msingi na linafaa kutupiliwa mbali. Asante.

Thank you so much. Next Order.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday 15th March, 2018. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us have Sen. Mutula Kilonzo Jnr. Is he not in the Chamber? Next Order!

I rise to make a Statement pursuant to Standing Order No. 46 (2) (d) concerning Bills before the Committee. With regard to the County Ward Development Equalization Fund Bill 2018 that was forwarded to the Committee for prepublication scrutiny, I wish to report that my Committee scrutinized and communicated its decision to the Hon. Speaker for publication. With regard to the following three Bills; The Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017), The County Government (Amendment) (No. 2) Bill (Senate Bills No. 7 of 2017) and The County Government (Amendment) Bill (Senate Bills No. 11 of 2017), my Committee has undertaken public hearing and compiled a report that I have tabled today, Thursday 15th March, 2018. Mr. Speaker, Sir, with regard to The Assumption of Office of the County Governor Bill, 2018, my Committee has received public views and is currently compiling a report to table by next week. With regard to The County Boundary Bill, 2017, the Committee is still receiving memoranda and presentations from the public and key stakeholders. Owing to the sensitivity of the matter of boundaries, we hope to finalise and table the report by next week, Thursday, 22nd March, 2018. Mr. Speaker, Sir, I have also noted that you have just referred to the Committee The County Government Amendment Bill, 2018 by Sen. Cheruiyot for pre-publication scrutiny. In conclusion, I wish to assure the House that my Committee is committed and up to the task to deliver its mandate within stipulated timelines in spite of the heavy workload. 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 your kind indulgence. Pursuant to Standing Order No.46(2)(b), I rise to seek a statement from the Chairperson, Standing Committee on Roads, Energy and Transportation on the contingency plans to mitigate the adverse effects of the heavy downpour on our infrastructure; mainly roads and drainage systems. In the response, the Chairperson should address the following:- (1) Given the fact that majority of the major road arteries in Nairobi are classified as national Government roads, what is the Government doing to ensure proper drainage on the roads, especially Uhuru Highway, Mombasa Road, Langata Road, Jogoo Road, Outering Road and other major road arteries in Nairobi City County and the drainage? (2) What are the plans by the national Government on the repair and the rehabilitation of nationally classified roads in Nairobi City County that are in sorry state following the heavy downpour being experienced? (3) What collaboration, if any, exists between the national Government and the Nairobi City County Government on the development of a modern mass transit system to address the current and future traffic flows.

Where is the Chairperson Energy, Roads and Transportation? We will hear from him when he comes.

Hon. Senators, following the receipt in my office this morning of a letter from the Senate Minority Whip, Sen. Mutula Kilonzo Jnr, it has become necessary that I make the following communication to the Senate. By a letter dated 15th March, 2018 and referenced; communication on removal of Senate Minority Leader, Sen. Moses Wetangula and election of Sen. Orengo, pursuant to Standing Order No.20, (4) (5) and (6), the Senate Minority Whip informed me as follows and I wish to quote verbatim:- ‘Greetings, this morning, 15th March, 2018 at 11.00 a.m. I received minutes of a meeting of the Orange Democratic Party held on 14th March, 2018 at Crown Plaza and resolutions dated 14th March, 2018, addressed to the undersigned and yourself, to 16 Senators confirming the resolution of the said meeting. Under Standing Order No.20(6)(a), of the Senate Standing Orders, I hereby convey the said resolutions for your appropriate action. Yours faithfully, Sen. Mutula Kilonzo Jnr.” 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 that communication. I have the following to say. In terms of this Senate, there is no party called Orange Democratic Movement (ODM). This House has only NASA coalition, Jubilee Party, the Kenya African National Union (KANU) Party, Chama Cha Mashinani (CCM) and one Independent Member. Those are the entities in this House. The communication that elected yours truly, Mutula Kilonzo Jnr., Senator for Makueni, Petronila Were, nominated Senator of Amani National Congress (ANC) Party and Sen. James Orengo of ODM came from the Parliamentary Group Meeting (PG) of NASA. A PG of NASA is not a PG of ODM and a PG of ODM is not a PG of NASA. NASA is a coalition and nobody was invited to join it; we formed it. I want to tell my colleagues – because Mr. Speaker Sir, I have heard this communication from the Chair after being informed an hour before the start of the House proceedings that mischief has been going on behind my back. I want to say that if anybody wants a divorce, it will be messy and noisy and it will not be easy. For avoidance of any confusion, I want to tell my colleagues in ODM that for the last two presidential elections, we have supported a candidate fronted by ODM and that is the reason they are more in both Houses of Parliament than their partner parties. If Kalonzo Musyoka was to be the presidential candidate, probably Wiper Democratic Movement party would be having the majority because of the advantages that go with being a candidate. The same would have happened if the Forum for the Restoration of Democracy - Kenya (FORD-Kenya) and ANC had provided a candidate. So, I want to tell my colleagues to try to go to NASA, bring the constituent four parties together and see if they will extract a resolution to bring to this House because NASA has ODM, WIPER, ANC and FORD Kenya. The leaders of these parties; Raila Amolo Odinga, Stephen Kalonzo Musyoka, Wycliffe Musalia Mudavadi and Moses Masika Wetangula are an integral part of all the organs of this party and whenever we hold even PGs, the party leadership attends. I know that since we started this House, a conspiratorial process has been going on with nocturnal meetings taking place. The very least my colleagues could have done is to have called me into a meeting and told me: “As our leader, the following are issues that we have against you and we want to change”; not to go and seat in the comfort of a five- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes! Tell them.

If anyone wants to play games, anybody can play games. Many of us are good at it and we have not come to this level of leadership because anybody has been pushing us; we have come to it because of commitment and dedication. Mr. Speaker, Sir, I represent people and nobody can belittle me in this House. Nobody! And nobody has a right to play games behind my back. Nobody! Let them be frontal and we will fight Mundu khu mundu!

Order! Hon. Senator.

Mr. Speaker, Sir, it is as simple as that. I take great exception to the conduct of my deputy and whoever chaired this meeting because I have been receiving phone calls, SMSs and threats. I delivered a resounding vote to the leader of ODM and this cannot be wished away. These games are totally unhelpful. I want to repeat, as I end, that if anyone wants a divorce, it will be noisy, messy and unhelpful, and it will have casualties.

Thank you, Mr. Speaker, Sir, for making that communication. I want to inform my dear brother and friend whom I respect a lot that it is not true that I came to this House through the NASA Coalition. I came to this House through my name and picture being on the ballot papers on an ODM ticket. As I stand here, I represent the ODM Party. Leadership is not given but you have to fight for it. As Members of the ODM, we have been asking questions. I know most of us will not talk here but it is always good to talk. We have been raising concerns of being the majority in the coalition yet the entire leadership is with our brothers. We sat and deliberated on the issues and the majority opinion was that we need a change of leadership. We have been talking about things in this House. Our House needs to focus on issues of oversight. We need to go out to see how governors spend money. 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 thank you for your ruling and as a Member of this House, I must submit to it. I am a signatory and one of the 16 that signed the petition that came to you. Whereas I might not agree fully with the ruling, I have no option but to submit to it and ensure that we do as directed. If the number is valid to elect, then it is valid to replace. However, it must be made very clear that Sen. Wetangula has been a leading light in this country and the NASA Coalition up to 30th January and I believe he is still a leading light in the NASA Coalition. For those who signed, we took that decision not because Sen. Wetangula has not led us well but because we believe that there are people who can lead us better. We also believe that the political environment is in a state of flux and the leadership also needs to change. Politics by its nature is messy and noisy. Anyone who went through an election went through mess and noise. Let us not reduce this to a forum where we issue threats. As the Minority in the House, we need to retreat and make sure that we do as the Speaker has ruled and as the Standing Orders require. Those of us who are interested in the leadership of the Minority in this House should convince Members. We have repeatedly said this again and again. You cannot lead people by force. When Sen. Wetangula gets the loudest cheers from the Majority side, it tells you something. I thank you.

Mr. Speaker, Sir, thank you for giving me the Floor. For the avoidance of doubt, I also want to go on record on this matter. Yesterday this House debated a matter on building bridges. Today, the party that brought that Motion is building bridges their own way. I would like us to remember that the NASA is a coalition of the willing. As we speak today, we have Amani National Congress (ANC) led by Wycliffe Musalia Mudavadi, Ford Kenya led by Moses Masika Wetangula, the ODM led by Raila Amollo Odinga and the Wiper Party led by Stephen Kalonzo Musyoka. 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 thank you for your communication and ruling. I am happy that this is a House of rules and we have rules which we must abide by as a Senate. I am happy that the Speaker went through and enlightened this House about the provisions of our rules. So that we understand, Standing Order No.20(1) provides that the second largest party or coalition of parties shall be the Minority Party. I do not want to believe that Members in this Senate do not know that some of us are here by virtue of nomination by the ODM Party. I have been lucky to be nominated twice by the party. I would want to say that this rule recognizes Orange Democratic Movement (ODM as the second largest party in this House. As a very senior member of my party and the Chair of the Election Board, I am not aware of having sat in a parliamentary group meeting to elect the initial leadership that is in this House. Be that as it may, what these rules envisage is an election. These rules also envisage that the second largest party can elect and remove any member from any position in the leadership of this House. Mr. Speaker, Sir, I am aware that ODM has 20 Senators in this House and all of them came to this House by virtue of a certificate issued by none other than by myself, the Chair of the Election Board of ODM. We did not issue a certificate by the name of the National Super Alliance (NASA) to anybody in this House. So, it is not proper to say that we came in as NASA in as much as we have not disowned NASA. We are simply taking our rightful position in this House and going by the rules as provided for. Out of the 20 Senators in this House, 16 Senators appended their signatures and five Senators gave their apologies as they are not in the country. Of the four Members of the leadership structure that was submitted to this House, the largest Minority Party had only one; the Deputy Minority Leader. I am on record, and Sen. Wetangula knows, that I raised a red card. I said that there is no proper representation in the leadership that has been submitted. The ODM having 20 Senators and the rest of our coalition partners having seven Senators, cannot take all the four positions apart from one. So, if we are doing anything, it is not a divorce because we are not the ones to pronounce divorce at this time. We are simply taking our space as The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. This is a very complicated matter for me but which is also significant as far as the issues of this House are concerned. First, I would like to pass my utmost sympathies to the Senate Minority Leader, Sen. Wetangula. Sen. Wetangula has been the Senate Minority Leader for the last five years and also in this term. I sympathize with his situation. For avoidance of doubt, as Sen. M. Kajwang’ had said, I am not worried that anyone can take up my position. This is because the way things are done within Jubilee Party cannot be compared with the way they are done on the NASA side. I want to make it abundantly clear that Sen. Wetangula is welcome to Jubilee Party, if the NASA people are tired of him.

Mr. Speaker, Sir, we welcome him to Jubilee Party and he can cross the Floor as early as Tuesday next week. I will create some seat for him somewhere here and his debating skills can be transferred to this side. My advice to the Senate Minority Leader is that as much as I sympathize with his situation, there is no need to force yourself on people who do not love you. Even if you force yourself to sit in the office, who will you lead if 16 people out of 28 have said they do not want you? It is better you become a member of the flock of a side that will recognize you where you will play a role. We have enough team on this side with 11 players and many reservists. Sen. Chergargei is slightly injured at the moment, and Sen. Wetangula can come in to play some role for the time being. I believe there is a misinterpretation of what happened between the former Prime Minister and the President. That misinterpretation is getting itself into the debate of this House. Let me make it abundantly clear; we welcome the relationship of the former Prime Minister and the President. However, as we welcome it, we in Jubilee Party are not interested in creating other fault lines and fights in this country. We welcome that relationship but we also welcome the relationship of Sen. Wetangula, hon. Stephen Kalonzo Musyoka and hon. Musalia Mudavadi. I hope, like the former Vice President said, that they will be meeting the President next week. I believe that will happen. If that happens, we, as the Republic of Kenya, would have an opportunity to sit down together on one table. Mr. Speaker, Sir, I wish our brothers in ODM well as they think through their leadership in NASA team and as they push it through. Similarly, if ODM wish to come to this side, I will only be happier to be leading a bigger troupe. It is not that I will in any way be concerned about what might happen. If any game is going to be played where Sen. Murkomen will be replaced as a player so that Deputy President William Ruto can score a goal, I am ready for that game. Any day, if that game will lead to a situation The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, we have heard the comments. I have given direction on that matter and they will proceed as directed. Hon. Senators, looking at the time, I direct that all remaining requests for statements be issued or deferred to Tuesday, 20th March 2018.

The Senate Majority Leader, you can issue a Statement on the business of next week.

What is your point of order, Sen. Sakaja?

Mr. Speaker, Sir, on a point of order. I requested the Statement on the issue of the floods in Nairobi County but it has not been designated to the Committee. In as much as the Chair might not be there or any other Member, could it, for the record of the House, be designated to the Committee? An undertaking can also be given by the Majority Leader on when we can have a response.

The Committee can give us a response in the next one week because of the urgency of the situation.

Mr. Speaker, Sir. much Obliged. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 20TH MARCH, 2018

Mr. Speaker, Sir, I hereby present the Statement on the Business of the Senate for the week commencing 20th March 2018, pursuant to Standing Order 42(2)(c). The Senate Business Committee will meet on Tuesday, 20th March, 2018, to schedule the Business of the Senate. Subject to the directions of the meeting, the Senate will continue with the consideration of Business that will not be concluded in today’s Order Paper. On Wednesday, 21st March, 2018 and Thursday 22nd March, 2018, the Senate will proceed to consider Business that will not have been concluded on Tuesday and any other Business scheduled by the Senate Business Committee. Hon. Senators, as you will note from today’s Order Paper, debate on the Second Reading on the Assumption of Office of County Governor Bill (Senate Bill No. 1 of 2018) will resume for the Mover to Reply. Debate is also scheduled to commence on the County Governments (Amendment) Bill (Senate Bill No. 11 of 2017). Other Bills due for Second Reading are as follows:- (1) The County Governments (Amendment) (No.2) Bill (Senate Bills No 7 of 2017 (2) The National Flag, Emblems and Names (Amendment) Bill (Senate Bills No. 8 of 2017) (3) The Food Security Bill (Senate Bills No. 12 of 2017) I take this Opportunity to request Standing Committees which are yet to table their Reports on the respective Bills referred to herein to do so. This is in order to enable the House to proceed to the Committee of the Whole on Bills that have already gone through Second Reading and those due for Division in the coming week. I also wish to commend the Standing Committee on Justice, Legal Affairs and Human Rights for concluding consideration of and tabling Reports on two Petitions this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Next Order.

Mr. Speaker, Sir, I beg to move that The County Governments (Amendment) Bill (Senate Bills No.11 of 2017) be now read a Second Time. Thank you, Mr. Speaker, Sir. I have waited for this Bill for a long time. I am very happy that the Committee on Devolved Government and Intergovernmental Relations has finally returned its report. Therefore, as we proceed on this Bill, we are doing so when we have the report of the Committee. Mr. Speaker, Sir, this is a Bill that carries along various concerns and issues regarding county governments. It deals with matters of the County Executive Committees (CECs), including the roles of the CECs and the role of the governor over the supervision and management of CECs. It also deals with the role of the deputy governor and the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I wish to second and in doing so, make a few remarks and also congratulate the Mover. It is a timely amendment in many ways because after 2013, it became apparent in the course of running county governments, that there were some gaps which could only have been felt once the application of the law was felt. In bringing forth this amendment, it will help cure many issues that we have come across, as county governments have set on the way. In addition, the amendment has touched on a few of those important issues that we have experienced in the last few months. For example, Nyeri County where we had the unfortunate loss of two governors since 2013. After the loss, we had an issue as to how to replace them. It was a challenge due to the emotions that these losses caused and the political issues that have surrounded the ones who now take over the offices. As this has continued, then it has become apparent that an amendment to this County Governments Act is extremely necessary, more so, for the office of the deputy governor. It has happened in Nairobi City County when the deputy governor there resigned and also in Nyeri County where the sitting deputy governor was elevated to be a governor after the governor passed on. We had issues because we did not have clear laws as to how we replace a deputy governor. However, with these amendments and the advisory opinion of the Supreme Court, we are in apposition where there are no more conflicts as far as who takes over the office when the office becomes vacant. Also, many residents suffer in the counties once the deputy governor’s office becomes vacant. As the governor tries to carry the county forward, there are a lot of politics surrounding who takes over the office. However, with this new amendment, 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.

Hon. Senators, I now propose the question that the County Governments Amendment Bill (Senate Bills No. 11 of 2017) be now read a second time.

May I give the opportunity to Sen. (Dr.) Milgo.

Thank you, Madam Temporary Speaker. First of all, I thank the mover of this Bill for bringing to this House an important Bill of the County Governments Amendment Bill (Senate Bills No. 11 of 2017).This Bill could not have come at a better time, more specifically, now that we are starting the second governments in the counties. This Bill has dealt with so many of the issues that were bedeviling the counties in the past. Some of the first county governments would be run in a wanting manner because of issues of employment and removal of employed staff. In some of the counties, you find that even speakers – in one of the counties that I do not want to mention– by the close of business in five years, the county had had five speakers in place. The reason of removal was just petty issues. This Bill will deal with issues of clear separation of powers. It has given an indication of the way forward in dealing with all vacant offices. Furthermore, in the recent past, apart from witnessing the issues of vacant deputy governors’ and governors’ offices, there were counties where even the deputy governor would be removed at will and the office will stay vacant without the governors bothering to fill it. This time, because of the timelines that a new appointment must be done within 14 days of the resignation or death of whoever is holding the office; it is going to encourage the people holding the offices to do things above board. We realise that even the County Executive Committee (CEC) members could not perform their duties as expected, and the governors’ hands were tied. Some of the CECs would just come to the office, leave their coats and even go on trips without having to bother whether they had delivered the mandate of their offices. Madam Temporary Speaker, I thank the mover of this Bill because for the first time, the County Public Service Boards shall have to follow a legal structure in terms of employment. In some of the counties, employees were just handpicked and most of them were not even qualified. That is the reason why many of the counties were not able to deliver on their mandates. However, Clause 68(b) of this Bill requires that County Public Service Boards must collect all the necessary information and check the qualifications before employing somebody to occupy a certain office. Additionally, Madam Temporary Speaker, the issue of diversity has been a challenge in various counties. Our country has been facing conflicts because of tribalism and ethnic imbalance in various counties. This is based on the fact that employment of ‘our own’ was the mode of the day, despite the fact that our national policy stipulates that for us to encourage national cohesion, we should bring on board various employees to interact. Furthermore, bringing on board different employees from various counties would encourage new ideas, new methods of working, it would reduce corruption and, by so doing, encourage cohesiveness. 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. Cherargei.

Thank you, Madam Temporary Speaker, for giving me this opportunity to express my comments on the County Governments (Amendment) Bill, 2017. I am a Member of the senate Committee on Devolved Government and Intergovernmental Relations. From the outset, I thank the Senate Majority Leader, who happens to have been my lecturer in international Law at Moi University. I am happy and excited to be part of the Amendments he has brought before the House. This Bill could not have come at a better time. This is because coincidentally, a fortnight ago, the Supreme Court of Kenya under Reference No. 1 of 2015, the former Speaker of Embu County, hon. Mate, sought an advisory opinion on what happens on the issue of running of county governments, especially when the county governor is impeached and the deputy is not. Although the Supreme Court of Kenya captured what is envisaged under this Amendment Bill, they admitted in their advisory opinion that there was no legal framework. It is important, at this point in time, that we are now actualising and putting in place a legal framework so that our county governments, as critical as they are, can be run without any hitches. As we talk, the county governments of Nyeri and Nairobi do not have deputy governors. This Bill is timely because we are looking into posterity on how we can, in future, cure such situations where the Constitution has not provided for them. I agree with the issues that have been raised so that it becomes easy to run county governments. I know that governors were not comfortable with the introduction of Section 32(a) of the County Governments Act, where the deputy governor could assume office – and God forbid – when the governor-elect is not, as envisaged under Article 182 of the Constitution, in a position to assume office. The deputy governor could, therefore, hold office for a brief period of 60 days and then we go back to elections. The governor and deputy governor vie on a joint ticket and there are so many factors that we consider before running for governor. Fortunately or unfortunately, I know that we might not have members here who have tried to run for governorship. Only a few of us have tried to vie for that position. There are so many dynamics that you must consider before running for governorship. I, therefore, agree that if, in any case, the governor-elect dies before assuming office, it is important to go back to the people because they were vying on a joint ticket. 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 was just perusing through the Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018) and the County Governments (Amendment) Bill (Senate Bills No.11 of 2017) that we are discussing now. I have seen a lot of similarities in some of the provisions. If I may point out a few of them, for example, some of provisions in Clause 2(a) of the County Governments (Amendment) are similar with Part III, Clause 11 of the Assumption of Office of the County Governor Bill. I feel there is so much relationship between the two Bills. Clause 32(a) of The County Governments (Amendment) talks about inability by these officers to assume their office. In Part 11, Clause11 of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, thank you for giving me this chance to make my contributions and share my thoughts with regards to this Bill which I consider extremely important. It is important because in the first cycle of devolution we witnessed many things. Unfortunately as a House, for those of us who were here, we were not able to rise up to the many challenges that county governments were facing with regards to issues that this Bill addresses. It is the duty of this House as a principal custodian and defender of devolution, rightfully so provided by our Constitution in Article 96, to always ensure that when we rise to transact business each and every afternoon, to endeavour to ensure that county governments operate better and implement service delivery. 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.

Five more minutes.

Madam Temporary Speaker, I know there are Members, especially Sen. Olekina who also want to contribute. A final thought is under Section 21(1), where they have set the implementing provisions that the CPSB should aspire to have. Among the values that they are supposed to aspire to, as captured under (c), is to identify and eliminate employment barriers against persons who do not belong to dominant ethnic groups within the county or marginalised persons that results from the systems of employment, policies and practices which are not authorised by the law. This continues to support the claim and thoughts that I was sharing just before this. In my neighbouring county of Migori, you find smaller communities that do not come from there. Sen. Olekina, you need to be impressed by this because your county also has this kind of challenge where you have a dominant community and other smaller tribes. These are some of the national values we need to uphold. Even those of us who come from counties that have a dominant ethnic population, it is time we spoke against the practice of say, naming 10 of 10 CECs from one particular ethnic group and yet there is no single county that I know of in this country, that can claim to have 100 per cent membership from only a single ethnic group. 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 support this Bill because it seeks to clarify some of the lacunas we have been encountering in the running of county governments. It will address the issue concerning the vacation of offices of key personnel in counties. That is the speaker, deputy speaker and CPSB members. How do you remove such persons? To that extent, it is a good Bill. I will be proposing some amendments at the Committee stage. I believe that every time there is a change of government, those officers should leave office. For example, the CPSB members. Every time we have a new governor, that board should vacate. The same principle should also apply for chief officers. That happens in the national Government. The same principle should also apply in county governments. Otherwise, you may have a situation where you have change of government, but the officials who are currently holding offices owe their loyalty to the former regime. They may, therefore, frustrate a governor’s plans. The governor may not achieve what he promised his people when he was campaigning. To that extend, I would be proposing amendments to, for instance, the proposed new insertion of Clause 7A. This one is about vacation of the county assembly which is okay and I do not have a problem with it. However, on the one on the Speaker and the Deputy Speaker – the insertion of the new Clause 9A. It should be clear that a Speaker and a Deputy Speaker serve for only five years. Once the five years and the term of governor have elapsed, you do not have people staying in office past five years. That spirit should also be imported in other positions such as the tenure of the chief officers of the county assemblies. They should also vacate office under the same circumstances. Madam Temporary Speaker, there is a provision concerning the appointment of a County Public Service Board (CPSB) member. How do you fill up a position of a CPSB member when a vacancy arises? There is a new Clause 58A that is proposing to constitute a selection panel comprising of various persons – one nominated by the governor from the private sector who is an advocate of the High Court; one nominated by 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. Sen. Kang’ata, you will have a balance of eight minutes. 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.

Honourable Senators, it is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 20th 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.