Hon. Senators, on Thursday, 15th March, 2018, I issued a Communication in the Senate in which I informed Hon. Senators that I had that morning, received a letter from the Senate Minority Whip, Sen. Mutula Kilonzo Jnr. Referenced; “Communication on Removal of Minority Leader, Sen. Moses Wetangula and Election of Sen. James Aggrey Orengo, Pursuant to Standing Order No. 20(4), 20(5) and 20(6)”. In the letter, the Senate Minority Whip informed me that he had, on 15th March, 2018, at 11:00 a.m., received Minutes of a meeting of the Orange Democratic Party held on 14th March 2018 at Crowne Plaza and resolutions dated 14th March 2018 signed by 16 Senators confirming the resolutions of the said meeting. The Senate Minority Leader proceeded to transmit the resolutions to my Office pursuant to Standing Order No.20(6)(a) of the Senate Standing Orders, for appropriate action. Hon. Senators will recall that on that occasion, I made an elaborate assessment of the facts of the matter and the governing constitutional and legal provisions, including the relevant provisions of the Standing Orders. In the end, I made a determination of this matter as follows- (1) That I found and held that on the basis of the letter of the Senate Minority Whip of Thursday, 15th March, 2018 and the minutes and signatures appended thereto, the criteria and threshold set out at Standing Order No.20(4) had been met and Sen. Moses Wetangula had accordingly been validly removed from the office of the Senate Minority Leader; 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, Mr. Speaker, Sir. Hon. Members of the Senate, I lack better words and adjectives to describe what took place within the NASA fraternity, but for the first time, democracy is being seen to be taking shape. As much as I sympathise with my brother and friend, Sen. Wetangula, I have been wondering how a single Member of a political party can be a leader of the minority coalition in the Senate. Another reason why I am saying democracy is seen to be working is because our Standing Orders are very clear on how the leadership of this Senate should be arrived at. I have keenly listened to the letters that you have just read to us from the leadership of NASA or ODM stating that the appointment of Sen. Wetangula did not follow the right procedures as laid down in the Standing Orders. Thirdly, democracy is taking shape because today the Senators within the NASA fraternity have decided to adhere to the rules of this House and elected the leadership that is answerable to them. The leadership that was there was as result of political patronage. This is not the leadership that we would want to see. We want a leadership that is answerable to the people and the Senators. The provisions of electing either the Senate Majority Leader or the Senate Minority Leader are also clear. Let those that are in the other leadership positions take note that they must be answerable and accountable to the Senators in this House. Mr. Speaker, Sir, it may also depend on what lens you want to look at this matter; that we will also be staring at the death of democracy. If I was to think loudly, probably the handshake that we saw last Friday could be the one that is bringing these goodies around. I am happy that I have a personal relationship with Sen. Orengo as my lawyer and a friend. I wish him all the best in his new appointment as the Senate Minority Leader. We have a new relationship that we want to nurture for this country. We have this relationship which must work to ensure the economic development of this country is fast- tracked. Mr. Speaker, Sir, I thank you for your ruling because you have shown the country that the independence of Parliament in terms of making certain decisions is the core of our democracy. As I said, I wish Sen. Orengo all the best in his new job. At the same time, I ask Sen. Wetangula to take it lightly because there are those high and low times in the life of an individual. This is just a normal occurrence; probably, many worse things might have happened to him before. The best thing is to take it lightly and move on.

I will give three minutes each to the rest of the Members.

Thank you, Mr. Speaker, Sir. First, let me take this opportunity to congratulate my learned friend, fellow Senior Counsel, Sen. Orengo, for being elected to be the Senate Minority Leader of the NASA coalition in this House. I have no doubt that the leadership of the minority side is on safe hands. Sen. Orengo is not just any other The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for your ruling. Allow me in just one minute to pay gratitude to Sen. Wetangula who has led the minority side for five years going into six years. In the first Senate in the new Constitution, Sen. Wetangula played the role of the Senate Minority Leader which was unprecedented. It was a job that did not have a job description in this Republic. For those of us who were in the last Parliament, we are confident that Sen. Wetangula played his best. He did very well for the Senate and for the minority side. As a principal of the NASA coalition, we believe that Sen. Wetangula now has an opportunity to work with His Excellency Raila Amollo Odinga and His Excellency Uhuru Kenyatta in delivering and pursuing the peace and reconciliation agenda that this nation has accepted. Allow me also to congratulate Sen. Orengo on his election as the Senate Minority Leader. Sen. Orengo is a man who needs no introduction in any part of this country. If you go with him to Moyale, Mandera, Remba, Ringiti or Narok County, he is a man who is known because of his commitment to the struggle for good governance in this country. I am confident that he will rally Senators in this House to ensure that the reconciliation agenda that will be coming from the principals; that is, Sen. Wetangula, Hon. Musyoka, Hon. Mudavadi and the Rt. Hon. Raila Odinga, will be effected through the necessary legislative processes.

Mr. Speaker, Sir, I am being threatened, but such things can happen to leadership. I want to thank you for giving me this opportunity. The Bible says in Romans 12:15 that we should weep with those who weep and rejoice with those who rejoice. I stand here at a very unique situation because 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.

Being the Senate Majority Leader, I add you two minutes.

Mr. Speaker, Sir, let me at least enjoy the privileges of the office when they last.

Mr. Speaker, Sir, I would like to rejoice with him and to tell him that it is a good opportunity for us to work together. As the Senate Majority Leader, I am going to work closely with Sen. Orengo. I believe that he is a man of immense respect in this House. Despite the fact that he is on the minority side, he does not throw insults at us who are in the majority side, like others. It will be a good opportunity for us to partner with him, especially in strengthening the institution of the Senate and ensuring that devolution succeeds. In the same breadth that I wished Sen. Wetangula well, I wish Sen. Orengo well as the new Senate Minority Leader. I only have a small request. I ask the Parliamentary Service Commission (PSC) and your office, to treat with utmost respect, the extra staffers that were in the office of Sen.Wetangula, in his capacity as the Senate Minority Leader.This is because when dealing with these political situations,the casualties are always the innocent people who 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.

Maembe !

I will be dumb to comments being made by a colleague Senator about maembe because I do not know what that means. Whereas the principles of democracy are very clear that the majority will have their way, the minority must also have their say. I find myself in that minority within the minority for the reason that the letter that came to your office attests to an election of a new Senate Minority Leader. It lists the names of Senators who participated in the election and it goes on to list the names of those who were absent as three and six Senators who had their apologies registered. Unfortunately and for the record, I am not sure where my name lies. I do not know if it is among the six or the three because I was never invited to that election. I also want to say that it is not a secret that the Senator for Bungoma, Sen. Wetangula, has demonstrated leadership in and outside this House. I have no doubt about the abilities of Sen. Orengo to offer leadership. The only thing that I will hasten to say is that whatever happens in this House, whether on the majority or minority side; let it be in the best interest of this country, democracy and devolution. Lastly, I am reminded of a verse in Romans 13:1 which says that we all submit to authority and that the powers that be, are ordained by God. I rest my case.

Ahsante Bw. Spika. Ningependa kuchukua nafasi hii kumpongeza Sen. Orengo kwa kuchaguliwa kama kiongozi wawalio wachache katika Bunge hili la Seneti. Kwa hakika, Sen. Orengo alisimama kidete kwa upande wa upinzani. Rekodi zake zimejiandika na kwa hakika, wakati kulikuwa na vuta nikuvute katika kinyang’anyiro cha uchaguzi, Sen. Orengo aligonga vichwa vya habari na kuweza kupeleka sehemu ile yake mbele. Sen. Orengo anafaa katika cheo ambacho amechaguliwa na kwa wakati huu, tunamkaribisha kuongozi wa wale walio wachache katika Bunge hii la Seneti. Ningependa pia kueleza masikitiko yangu kwa rafiki yangu, Seneta Wetangula, ambaye aliongoza Maseneta walio wachache katika ugatuzi wa kwanza katika Bunge hilo kwa miaka mitano mpaka kufikia ugatuzi wa pili na siku ya leo. Kwa hakika, Seneta Wetangula aliendesha kazi na Ofisi hiyo kwa ujasiri kubwa sana na aliweza kuusukuma upande huu wa Serikali kwa nguvu zake zote. Kwa wakati huu, singependa kuchochea upande wa upinzani; lakini kilio huanza kwa wenyewe. Kilio kikianza kwa wenyewe, wanaofariji wakiongezeka, wataanza kilio hicho na pia sisi hatuna budi kulia na wao. Mumetoa uamuzi na sisi pia tunasema tuko pamoja na nyinyi, kwa sababu wengi wape na wale wachache pia wako na njia yao ya kupita. Kwa sababu hiyo, Seneta Wetangula, bado utabaki hapa; ukisukumwa sana, tunahitaji zile debate na hoja zako nzuri nzuri unazotoa. Usikae kwenye baridi sana; unaweza vuka upande hii ukaja---

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. Olekina.

Thank you, Mr. Speaker, Sir. Let me first register my congratulatory messages to Sen. James Orengo for being validly elected by the National Super Alliance (NASA) Coalition to lead us in this House. The distinguished Senator comes in at the time when the Senate is fighting for the independence of this institution in this country. I want this to be taken as an example by other institutions – maybe the Judiciary, the Executive or this House – that the time for institutions in this country to fight for their positions is now. I also want to send messages to all the leaders in this House that this is not a time for us to rejoice or to cry. It is the time for us to be reminded that great things never come from the time of comfort. When we were struggling to fight for liberation – what we considered as the second or the third liberation in this country – those people who stood firm with us must always be remembered and rewarded. Leadership is practised not so much in words as in attitude and in action. Last week, we observed a period of time when we were entertained by different words; those words come and go. However, what is important is for us to remember that we have people whom we represent in this House from 47 counties. These are young men and women who must always learn from the words that we utter in public. I want to remind my brother, Sen. Wetangula, that the work that he has done for the last five years and the work that he will continue to do must always be done while remembering the fact that you never know about tomorrow; you only know about today. So, you should give today all that you can. Thank you, Mr. Speaker, Sir.

Lastly, Sen. Mwaura.

Thank you, Mr. Speaker, Sir. I have to congratulate you for your wisdom. In all the rulings of this House, you have shown great magnanimity, even at the greatest point of provocation. I also rise to congratulate the distinguished Senator for Siaya County for his election as the Senate Minority Leader in this House. Sen. James Orengo is someone that some of us looked up to. In fact, those of us who fashioned ourselves as centre-left politicians when we thought that ideology would influence politics in this country, looked up to people like Sen. Orengo because he has been steadfast. In fact, his second name is closer to the word reform. So, the reason I am very glad is because Sen. Orengo, in his submission on the Floor of the House, has been very gracious, mature and objective in the way he addresses this House with the respect that it deserves. This House has witnessed the former Senate Minority Leader – and I am very glad that he is actually out of that position – in the manner in which he has shown utter disrespect to hon. Members of this House.

It is only about two weeks ago that he stood on the Floor to use unpalatable words that do not deserve to be repeated in this august House. We must find a way of ensuring 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. Members, those who wanted to speak have spoken. I know that there are a few more Members who also wanted to speak, but we must make progress. Allow me to make another communication.

Thank you, Mr. Speaker, Sir. I wish to join you in welcoming the visitors; the Chiefs from Botswana and the delegation from Bungoma and the Maasai community members from Gilgil. I was once the Provincial Commissioner (PC) for the former Western Province, where the people from Bungoma come from. I was also the PC for the former Rift Valley Province where the Maasai people come from. It gives me great pleasure to reconnect with them this afternoon and welcome them. Thank you.

Thank you, Mr. Speaker, Sir. I equally join you in welcoming the Maasai delegation from Gilgil, the Chiefs from Botswana whom we had earlier interacted with, the members of the Committee on Legal Affairs Committee from Bungoma County Assembly and also the students from Makueni County. I wish them all the best.

Thank you, Mr. Speaker, Sir. I would like to associate myself with the sentiments from colleagues in welcoming the delegations. We were privileged as the Committee on Labour and Social Welfare to interact with the delegation from the House of Chiefs of Botswana and we learnt a lot. They have a unique system. As much as their Parliament is unicameral, the traditional chiefs from even before the colonialists, have a house where they sit and advise the Parliament, which creates cohesion. We acknowledge that as much as we have the western systems, our traditional systems also add value. They encouraged us because they focused on maintenance of culture and how to transmit culture to the next generations. It is quite encouraging for us to have delegations from other African countries. I encourage Committees and Committee Chairpersons that instead of always trooping to the United States of America (USA) or United Kingdom (UK), to also organize trips to other African countries like Botswana, Nigeria, Ghana et cetera, so that we can also learn from each other. It must not always be a Western State. I would also like to welcome the Members of the County Assembly of Bungoma. Your Communication will be transmitted both live on television and by them because they have witnessed it. I am sure when they go back home, they will tell the people of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to add my voice in welcoming our visitors, particularly, the House of Chiefs from Botswana, the MCAs from Bungoma, the Maasai community from Nakuru County and the students from Makueni County. When we interrelate with one another within and outside the country, it obviously enriches this House. I thank you for enabling us to send a word of congratulations and welcome. We are learning a lot from them just as much as we learn from them when we go to their respective countries. Since I did not have the opportunity in the last debate, for purposes of record; dignity and respect for one another is the most paramount thing, like we are now according our visitors in both Galleries. I believe that this country is richer when we respect one another and move together, particularly, on the agenda which is before us; of putting this nation together. I was curious to notice in your prayer that you mentioned that peace be our shield as we move into the future. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I join you and my colleagues in welcoming the guests that we have in both Galleries today. I welcome the Maasai community from Gilgil, Nakuru County, which is my county, as well as the Committee on Legal Affairs from Bungoma County Assembly. I bet today was such an interesting day for them. We met them this morning and as I walked in and realised what the NASA coalition was about to do, I did not know what to think as far as their presence was concerned. But that is just how things go sometimes. I also welcome the House of Chiefs from Botswana as well as the students from Makueni County. Thank you.

Thank you, Mr. Speaker, Sir. Allow me to join you in welcoming the House of Chiefs from Botswana. I would like to learn what they do in Botswana. They are possibly a group of elders who mediate, which is part of the things that we are incorporating in all the laws that we are making. You will note that I did the same in the County Boundaries Bill. We do not need to re-emphasize the culture and profile the Maasais have given to this country all over the world. Last but not least, I welcome Inyokoni Secondary School from Kaiti. While I welcome this school from Makueni County, I would like to indicate that there was a school that was here from Makueni in the last Session. I dared them that I would educate any pupil who would get above 400 marks and three students got over 400 marks. Therefore, I encourage that we bring more schools, so that they can learn from the Senate. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I take this opportunity to welcome our visitors and the dignitaries in the Speaker’s Gallery. To start with, I welcome 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. I rise to welcome our visiting guests from Botswana. I have never been to Botswana, but now that they are here, I will make sure that one of our Committees will come there and benchmark. I also welcome the students from Inyokoni Secondary School. It is always good to be here for you to see where determination and dedication will lead us. This country really requires us to share our experiences and the best place to come and observe is the Senate. I wish I had an opportunity when I was growing up. Mr. Speaker, Sir, I would also like to welcome the Bungoma County Assembly Members. I would like to let you know that this is democracy and as you go home, you can share with your brothers and sisters that, indeed, the Senate is very democratic. Finally, I would like to welcome members of my community from both Nakuru and Narok counties from Natooli area. They have visited the Senate to observe how this House of union brings all of us together. This encourages us to embrace and defend our cultures.

Mr. Speaker, Sir, beg to lay the following paper on the table of the Senate, today, Tuesday, 20th 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.

Chairperson of the Committee on Agriculture, Livestock and Fisheries, proceed. REPORT ON THE WAREHOUSE RECEIPTS SYSTEM BILL, 2017

Mr. Speaker, Sir, I beg to lay the following Paper on the table of the Senate, today, Tuesday, 20th March, 2018:- The Report of the standing Committee on Agriculture, Livestock and Fisheries on its consideration of the Warehouse Receipts System Bill (Senate Bills No.10 of 2017).

Next Order. Sen. Olekina, proceed.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.46(2)(a), to make a statement on the following issues:- (i) The Plight of the Ilchamus Maasai community living in Internally Displaced Persons (IDP) camps; (ii) Land ownership among the Maasai community and border conflicts; (iii) Disaster management within Narok County; and (iv) The inhumane treatment of the former Laikipia North Member of Parliament, Hon. Mathew Lempurkel. On the first issue, the plight of the Ilchamus Maasai community living in IDP Camps, I would like this House to be informed of the serious social, political and economic challenges facing the Ilchamus Maasais, who have been rendered homeless by insecurity in Marigat, Baringo County. Due to unresolved land conflicts between the Pokot, Turkana and Ilchamus Maasais, over 147 households have been rendered homeless for the past one year. Mr. Speaker, Sir, the Eldume IDP Camp which is a home to 147 households comprises of members of Ilchamus community. This community is traditionally a self- sustaining community who engage in land tiling for economic development. The Ilchamus community settled at Eldume Ilchamus IDP Camp 10 months ago following 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. Malalah?

Mr. Speaker, Sir, is the Member on the Floor in order to debate his own statement? A statement is just supposed to be a statement. However, Sen. Olekina is debating his own statement. I would like you to guide us on that.

What is the other point of order, Sen. Cheruiyot? 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, with tremendous respect, I seek your guidance in reference to the issues being canvassed by my good friend, Sen. Ledama Olekina. Our Standing Order No.46(2)(b) says when we are seeking a statement, the Speaker will direct it to a chairperson---

I am on a point of order. Learn our Standing Orders. Mr. Speaker, Sir, without being derailed, because he derailed my train of thought while I was a making point, it says the Speaker will direct it a specific Committee. Sen. Ledama Olekina has traversed about seven counties so far raising different issues. To which Committee will you refer the issue of Internally Displaced Persons (IDPs), roads and plight of land? It calls to question the quality of statements that are being sought on the Floor. Please, guide us.

(Hon. Lusaka): Sen. Olekina, conclude and confine yourself to one issue. Your 10 minutes are over. Conclude in two minutes.

Thank you, Mr. Speaker, Sir. I wonder why we have an Order Paper because a distinguished Senator does not know on which Standing Order I am making my statement. I am making a statement under Standing Order No. 46(2)(a). I ask the distinguished friend from Kericho County to learn and understand our Standing Orders. I am focusing on matters of national interest. The Standing Orders are very clear. Allow me to read Standing Order 46 (2)(a) because this matter is very important. It says:- “A Senator may make a statement on a county issue or on an issue of general topical concern.” The issues I raised are of general concerned. They are not under Standing Order 46(2)(b). Finally, I reemphasize on the need for this House to pay attention to what is happening in this country. It should follow up on the issues that I have raised. If there are issues brought about by the Government, particularly by the ADC, they should be resolved so that our people can live in peace.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No. 46 (2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations regarding the incessant insecurity around the ADC Ndabibi Farm LR 2059/86. This is 2,000 acres of Government land that is managed by the ADC. In the statement, the Chairperson should:- 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 will give the answer in one week’s time.

Is one week okay, Sen. Kihika?

Thank you, Mr. Speaker, Sir. I believe one week is good time.

Proceed, Sen. Rose Nyamunga. STATUS OF THE PHYSICAL DEVELOPMENT PLAN FOR SOUTH C ESTATE, NAIROBI CITY COUNTY

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order No.46 (2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Roads and Transport regarding the physical development plan for Mugoya Estate Phase 4 in South C in Nairobi City County. In the response, the Chairperson should address the following: (a) Table the approved physical development plan for Mugoya Estate Phase 4, South C Estate in Nairobi City County; (b) Explain why public land and road reserves are being converted into business premises by private developers; and (c) State the number of houses owned by the government in the estate; indicating the number that has been sold off and the criteria for selling government houses.

Proceed, Chair of Committee on Roads and Transport.

Mr. Speaker, Sir, we will give that answer within two weeks.

It is sufficient. Thank you. Let us have Sen. Nyamunga. 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.

Pursuant to Standing Order 46(2)(b), I rise to seek a Statement from the Chairperson, Standing Committee on Education on mushrooming of schools in Nairobi resident In the response, the Chairperson should address the following:- (1) Table a list of all primary and secondary schools in South C estate in Nairobi City County, indicating their respective dates of registration and the registered owners of the private schools. (2) Explain why the Ministry of Education, Science and Technology has approved registration of the schools, most of which do not meet the criteria for registration due to lack of playgrounds, space for other school amenities, among other requirements since they are established in residential plots. (3) Explain why Madrassa classes are being conducted in private residential houses within South C Estate. I thank you, Mr. Speaker, Sir.

Let us have the Chairperson, Senate Committee on Education.

Thank you, Mr. Speaker, Sir. That information and the data are still being collected. I would like to request that you give me one more week.

On a point of order Mr. Speaker, Sir.

What is your point of order?

Mr. Speaker, Sir, you might want to order for expunging of that response from the HANSARD because it might not paint the Senate in very positive light. The Chairperson is responding as if this is an overdue statement, yet, it has just been requested for.

Thank you, very much. Mr. Speaker, Sir. May I correct myself by asking for two weeks.

Is that okay, Sen. Nyamunga?

Yes, Mr. Speaker, Sir.

Let us have Sen. Farhiya. TRANSFER OF TEACHERS FROM NORTHERN KENYA

Thank you, Mr. Speaker, Sir. I stand pursuant to Standing Order No. 46(2) b, to seek a Statement from the Chairperson Standing Committee on Education regarding the transfer of teachers from Northern Kenya, specifically Wajir County. In the Statement, the Chairperson should explain the following: (1) Why the Government resorts to transfer of teachers from schools in Northern Kenya whenever the area faces insecurity challenges. 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 the Chairperson, Standing Committee on Education.

Thank you, Mr. Speaker, Sir. That was also a concern during our Committee meeting and we are going to take it seriously. Give us two weeks and we shall respond.

Is that okay, Sen. Farhiya?

Mr. Speaker, Sir, two weeks is too long considering that these students are expected to do examinations in November and they are not in school right now. In my view, two weeks is very far.

On point of order, Mr. Speaker, Sir.

What is your point of order?

Mr. Speaker, Sir, is it in order for one Senator to stand up when another one is on the Floor, and the Senators who were standing were not consulting? It is in that regard that I am asking whether it is in order for two Senators to address you at the same time.

It is out of order but I have rectified the situation. Is two weeks okay, Sen. Farhiya, or it is too long?

Mr. Speaker, Sir, I had not finished. Schools were closed since last week and another two weeks is too long. We need a response by Thursday, if possible.

Let us have Sen. (Dr.) Ali.

Mr. Speaker, Sir, I also wish to state that the problem of Wajir County is not as easy as the Chairperson, Senate Committee on Education, wants to put it. All schools are literally closed and there are no teachers. We had an unfortunate incident where some teachers were killed and most of them left the place. I wish the Chairman in his response includes other measures to be put in place to make sure that the local youths who completed Form Four are recruited urgently and also get online teaching so that these students can get teachers urgently.

Let us have the Chairperson, Senate Committee on Education. 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 matter is of concern and great importance, considering that the education of our children is their right. In fact,this matter came up in our Committee Retreat in Naivasha. We asked the Chief Executive Officer (CEO) of the Teachers Service Commission (TSC) to tell us what is happening. She told us that she has already advertised for the positions and people were applying. However, I am going to push it. I ask for seven days, I am sure we shall have some information.

Is it okay that some preliminary information will be provided in one week’s time?

Mr. Speaker, Sir, seven days is next week. Anyway, let me just accept. Tuesday next week will be at least okay.

Provide an answer by Tuesday.

Thank you, Mr. Speaker, Sir, I will.

On a point of order Mr. Speaker, Sir.

What is your point of order?

Mr. Speaker, Sir, I want to ask for additional information because many teachers from Nairobi who were stationed in Wajir County have been sending me messages appealing to be moved because they are afraid for their lives. As recently as today, I have got messages from them. On top of the answer on what is to be done, I think this matter needs to be dealt with more comprehensively through the TSC and the security agencies. What assurances and incentives are being given to these teachers who are leaving, not because they do not want to teach, but because they feel that they are not assured of their security and livelihood? I think we need to get that one also from the Chairperson.

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

What is your point of order?

Mr. Speaker, Sir, with all due respect to Sen. Sakaja, the issue of teachers and insecurity have been there for long time, but on this one, we do not want just to create employment for others. The issue is: How do we solve the problem on the ground since the teachers have already left? It is how we handle the welfare of the students now and not the teachers have already left.

Let us have Sen. Sakaja.

Mr. Speaker, Sir, I am asking that because even the new teachers who will be employed will still leave for the same reasons. However, let us get the response from the Chairperson. I will leave it at that.

Chairperson, you will give us a response in a week’s time as I had directed. The two requests for statements from Sen. Prengei are deferred. MANAGEMENT OF KNH HUMAN CAPITAL FLIGHT OF HEALTH PROFESSIONALS FROM KENYA

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. Lusaka)] Proceed, Sen Sakaja. ALLEGED DEBT OWED TO THE NAIROBI CITY COUNTY GOVERNMENT BY THE NATIONAL GOVERNMENT

Mr. Speaker, Sir, I would like to request for a Statement pursuant to Standing Order 46(2)(b) from the Chairperson of the Standing Committee on Finance and Budget. This is regarding Ksh65billion owed by the national government and its agencies to the Nairobi City County Government. In the response the Chairperson should address the following:- (1) Explain why national Government agencies have failed to pay money owed to the Nairobi City County Government, which has negatively affected service delivery and development in Nairobi County. (2) Give a timeframe and plan on how the national Government agencies intend to pay the money. Mr. Speaker, Sir, this came as a response to a letter I had written to the Governor of Nairobi City County. I will be glad to furnish the Chairperson of this Committee with a breakdown of the specific agencies, the amount of money they owe Nairobi County and for what. Thank you, Mr. Speaker, Sir.

Proceed, Chairperson of the Committee on Finance and Budget.

Thank you, Mr. Speaker, Sir. I will gratefully accept those documents because by requesting for the answers, we will confront the National Government with those details. We will give an answer in two weeks’ time.

Hon. Lusaka): I can see he is nodding; meaning that two weeks is okay. Proceed, Sen. Sakaja. ISSUANCE OF TITLE DEEDS TO RESIDENTS OF KIBAGARE VILLAGE, KITISURU WARD, WESTLANDS CONSTITUENCY

Thank you, Mr. Speaker, Sir. Pursuant to the same Standing Order 46(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Land, Environment and Natural Resources. This is with regard to theissuance of tittle deeds to residents of Kibagare village in Kitisuru ward, Westlands constituency, Nairobi County. In the response the Chairperson should address the following:- (1) Explain why it has taken long for the 57,000 residents of Kibarage village – who have been squatters on a 100 acre piece of land since 1959 – to be issued with title deeds. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Where is the Chairperson of the Committee on Land Environment and Natural Resources?

Madam Temporary Speaker, I am a Member of the Committee and the Chairperson is away. On behalf of the Committee, we promise to give the answer in two weeks’ time.

Are you satisfied, Sen. Sakaja?

Madam Temporary Speaker, I am satisfied. Madam Temporary Speaker, there is one last statement I want to request for, which was also approved. Allow me to proceed.

Go ahead. COMPENSATION FOR VICTIMS OF 2017 POST-ELECTION CHAOS

Thank you, Madam Temporary Speaker. Pursuant to Standing Order 46(2)(b) I rise to seek a statement from the Chairperson of the Standing Committee on Justice, Legal Affairs and Human Rights on the compensation of victims of the 8th August and 26th October 2017 post-election chaos. In the response, the Chairperson should address the following: (1) Give a detailed account of how many lives were lost, the actual value of property and businesses that were destroyed and adversely affected. (2) Explain in details what compensation mechanisms have been put in place so that the victims get justice and restitution. (3) Give an elaborate plan and timeframe within which the identified victims will be compensated.

Where is the Chairperson of the Committee on Land, Environment and Natural resources?

I am Sorry, Madam Temporary Speaker. That Statement is for the Committee on Justiceand Legal affairs.

Okay. Is the Chairperson of the Committee on Justice and Legal Affairsin the House?

Madam Temporary Speaker, we will have the answer in two weeks. 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. Sakaja, are you okay with two weeks?

Yes.

Proceed, Sen. Outa. DELAY IN HANDING OVER OF THE LAKE BASIN MALL TO LBDA

Madam Temporary Speaker, pursuant to Standing Order 46(2)(b), I rise to seek a statement from the Chairperson of the Standing Committee on Devolution and Inter-Governmental Relations. This is with regard to the delayed handing over of the Lake Basin Mall to the Lake Basin Development Authority (LBDA). In the response, the Chairperson should address the following:- (1) Explain why the Lake Basin Mall in Kisumu County has not been handed over to the Lake Basin Development Authority long after its completion in the year 2017. (2) Confirm whether the NationalTreasury availed funds for the payment of the outstanding loan that is owed to the financier of the project, and whether the financier was paid. (3) State when the mall shall be officially opened for operation and when it shall be handed over to the Lake Basin Development Authority. Thank you, Madam Temporary Speaker.

Where is the Chairperson of the Standing Committee on Devolution and Inter-GovernmentalRelations?

Madam Temporary Speaker, I undertake to answer the question in two weeks’ time.

Sen. Outa, are you okay with two weeks?

Madam Temporary Speaker, two weeks is such a long time because I saw that the Ministry went to Kisumu sometime last week. I thought they will give an answer this week on whether they will open the mall this week or next week. Therefore, when they tell me that they will give the response in two weeks, I am curious to find out why they went down there. It will be appropriate if they can give the response in one weeks’ time, next week or this week.

Madam Temporary speaker, I will try my level best to do it in seven days.

Sen. Outa, are you fine with seven days? I also have interest in that statement, so you better make it fast. Proceed, Sen. Seneta. STATUS OF LAND BELONGING TO THE DEFUNCT LIVESTOCK DEPARTMENT IN KAJIADO EAST CONSTITUENCY

Madam Temporary Speaker, pursuant to Standing 46(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Land, Environment 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 a response on that Statement first and then we can move on. Where is the Chairperson of the Standing Committee on Land, Environment and National Resources?

Madam Temporary Speaker, I undertake to give the statement in two weeks.

Hon. Seneta, are you fine with two weeks?

Madam Temporary Speaker, I am fine with two weeks. I request to move to the next statement.

Please, go ahead. LOANS OWED TO AFC BY FARMERS IN KAJIADO COUNTY

Thank you, Madam Temporary Speaker. Pursuant to Standing Order No. 46(2) (b), I rise to seek a statement from the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries regarding the loans owed to the Agricultural Finance Corporation (AFC) by farmers in Kajiado County. In the statement, the Chairperson should: (1) Indicate the amount of money owed by farmers in Kajiado County as at 2018 and the amount that was waived by the Government. (2) Provide a list of beneficiaries with details of how much each beneficiary was paid and how much was waived. (3) Explain the criteria that AFC used to select the beneficiaries and state whether the criteria was followed in selecting beneficiaries in Kajiado County. (4) Explain the measures that the Government is putting in place to cushion farmers who have debts, given the prevailing drought which was facing the country. Thank you.

Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, please, respond to that.

Madam Temporary Speaker, I undertake to give that statement in two weeks. 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. Seneta, are you fine with two weeks?

Madam Temporary Speaker, two weeks is okay.

Hon. Senators, we are now moving to Statements due for issue, pursuant to standing order No.46 (2) (b). SHOOTING OF RESIDENTS IN LUANDA MARKET, VIHIGA COUNTY

We will defer this Statement because the Chairperson is out of the county.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Sakaja?

Madam Temporary Speaker, the Chairperson is here. Did you mean the Member who requested the Statement?

I am sorry about that. It is the Member who sought the Statement. Sen. Khaniri is not in.

Let us move to Statement (b) by Chairperson of the Standing Committee on Land, Environment and Natural Resources. PROVISION OF WATER SERVICES TO KITENGELA TOWNSHIP AND ITS ENVIRONS

The Chairperson was to issue a Statement on provision of water to residents of Kitengela Township and its environs. The Statement was sought by Sen. Mary Seneta.

In the absence of the Chairperson, do we have the Vice Chairperson or any Member of the Committee?

Madam Temporary Speaker, since the Chairperson is not here and I have not been furnished with the reply, may I request that we issue the Statement next week.

Fair enough, we will defer the Statement to next 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.

Thank you, Madam Temporary Speaker. I wish to issue a response by the Standing Committee on Agriculture, Livestock and Fisheries to the Statement that was sought by Sen. Mary Seneta during the Senate sitting held on Tuesday, 27th February, 2018. She requested for a comprehensive Statement from the Chairperson of the Committee on Agriculture, Livestock and Fisheries on climate change and its effects on the livelihood of pastoralists and livestock. The specific concerns raised and their corresponding responses by the Cabinet Secretary are as follows: I will give a brief of the responses.

Please, just give a summary of the response.

Thank you, Madam Temporary Speaker.

On a point of order, Madam Temporary Speaker. I have just been given a response of the Statement that I sought last week. I am still looking at some of the information from certain institutions that the Chairperson gave me. In order to be able to come back to the Chairperson for clarification or other information, I request that the Statement be issued in the next sitting. I will have looked at the response that they have given me.

It is important that responses are given to Members in good time, so that they can go through them and understand. Therefore, we will defer the Statement to next week on Thursday. Is that okay, Sen. Mary Seneta?

Yes, Madam Temporary Speaker.

The next Statement is by Chairperson of the Standing Committee on Tourism, Trade and Industrialization on liquor licensing in the country and coordination of liquor related laws. The Statement was sought by Sen. Mary Seneta. LICENSING AND CO-ORDINATION OF LIQUOR RELATED LAWS

Madam Temporary Speaker, the information getting to us is that, that Statement needs to be redirected to the National Authority for Campaign against Alcohol and Drug Abuse (NACADA), which is under the Standing Committee on National Security, Defence and Foreign Relations. 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.

Please, go and consult then let us have the answer by next week.

This Statement was to be issued by the Chairperson of the Standing Committee on Land, Environment and Natural Resources on the construction of a 15 storey apartment block on the banks of Nairobi River along Riverside Drive in Nairobi City County. Since Sen. Yusuf Haji who sought the Statement is not in the House, we will defer it to next week on Tuesday.

The next Statement is by the Chairperson of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration on alleged derogatory song by two musicians against the Kamba Community. The Statement was sought by Sen. Enoch Wambua DEROGATORY SONG AGAINST THE KAMBA COMMUNITY

Thank you, Madam Temporary Speaker. The Commission is working with the Directorate of Criminal Investigations and the Office of the Director of Public Prosecutions to ensure that the investigation is complete. The said musicians of the ' Ikamba' song, John Gichiri Njau ---

We were told sometime back to respond whether or not they are here.

As you all know, there was a ruling on that. Proceed, Sen. Waqo. Since Sen. (Dr.) Wambua was here earlier on, I do not understand why he is not here for the response.

The said musician known as John Gichiri Njau was arraigned in court sometime last week. Two others are still at large but the matter is in court. I would like to seek your advice on how we should proceed. I thank you.

The Member was here earlier. I do not understand why he is not in the House right now yet he knew his statement was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, the matter is sub judice . So, I do not think we can expect answers on a matter that would contravene our Standing Orders.

We do not have the details of the matter and we do not know what aspect of it is in court. So, it is difficult to respond to that without understanding the full statement on how it affects us and the fact that it is in court. I direct that we revisit it next week on Tuesday.

On a point of order, Madam Temporary Speaker. Going by the question about derogatory music and the response that has been given, it is not enough that the matter is before the court? I think that in itself should be a sufficient answer unless there was something else that was sought from the Chair of the Committee. The Committee should be telling us that the culprits have been arraigned in court and the matter is ongoing. Unless they want to speak beyond that and talk about issues of cohesion and hate speech through music, that response is enough.

According to Standing Order No.92(4), a Senator alleging that a matter is sub judice shall provide evidence to show that paragraphs (2) and (3) are applicable. For that reason, we shall defer this matter to Tuesday next week.

Let us go to the next statement. RELOCATION OF ELEPHANTS FROM LAIKIPIA TO TSAVO NATIONAL PARK

Madam Temporary Speaker, we have a response of about nine pages and I will go through it horizontally instead of vertically if you allow. The Ministry has responded and the Senator who asked for the Statement is a Member of the Committee and he has the answers in details. As I said, I will summarise. The Tsavo ecosystem has about 12,843 elephants but it can accommodate 10,000 extra elephants. The second question was on the rationale behind ongoing elephant translocation from Solio and Sangare ranches to Tsavo. The Ministry has stated that Solio and Sangare ranches are well-fenced and will take care of the elephants. The other reason is that bulls are known to travel for long distances and can return to their home area and therefore identified habitual fence breakers and problematic elephants should be relocated. Based on the above, elephants were moved and released in Tsavo at sites that are near water sources and have adequate browse materials. The other question was on measures that the Government has put in place to mitigate human-wildlife conflict in Taita-Taveta County. The background is that the people of Taita-Taveta County, like many communities living near wildlife protected 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. Mwaruma, do you have any supplementary questions?

Madam Temporary Speaker, the response given by my good friend, Senator Charles Kibiru, is not satisfactory at all. Furthermore, it delayed because we had requested that a letter be done to the Cabinet Secretary for Tourism pronto to check the translocation but it was not. I was with the Cabinet Secretary two weeks ago and the translocation has already been done. When I read that response about the rationale for translocating the animals from Solio Ranch and Sangari Ranch to Tsavo National Park, I felt like jumping out of my skin. This only serves to confirm my fears. If you can remember, when I was requesting for the Statement, I had made some claims, that particular areas in this country are supposed to be protected from the animals. It was clear and rational that we have animals in Solio and Sangari ranches in Laikipia counties that are brutal bulls. They are likely to break the electric fences because they are rowdy and disturb the people who live adjacent to those areas. Madam Temporary Speaker, when you go to Tsavo National Park, there are no fences; people are not protected from wild animals. So, it is true that time I only made a claim without any data or evidence. I only had anectodical evidence and conjecture. However, I have confirmed that some areas are supposed to be protected from the wild animals while other areas which are traditionally marginalized are given those animals to continue being marginalized. These elephants disturb people. I have shown you some of the clips when we were chasing the elephants. Food is destroyed and from that data, the people of Taita Taveta County have not been compensated. There are four deaths which have not been compensated running from 2013. There are outposts that have been set but some have no vehicles. So, I would like to request that the Committee on Tourism and Industrialization, of which I am a Member, to visit Taita Taveta County and see whether those outposts are there. We can also see the progress of the electric fence; how far it has gone and what the government is doing to complete it in time. That is my request.

Thank you, Madam Temporary Speaker. One issue that we need to clarify is that the response came early on 5th March. However, all along it has been on the Order Paper and has been skipped or postponed to another day. Without belabouring the point, to answer my colleague who is also a Member of the Committee on Tourism, Trade and Industrialization, I would like to concur with him. These answers have been given to us by the respective Ministry. If, indeed, he is the person on the ground and as the Senator for Taita Taveta County, if he is not satisfied with the answers that we have given here, it does no harm for the Committee or Sub-committee to go and visit the officers in the Ministry of Environment and Forestry. They can confirm whether this response is true or not and then we will report to the House.

Since Sen. Mwaruma is also a Member of the Committee on Tourism, Trade and Industrialization, I would like to refer 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 have the responses with me. They are as follows:- (1) The amount of relief money available from the Emergency Fund to Isiolo County. During the 2017/2018 drought, the Government provided relief food on monthly and on need basis and as per the available resources. During the months of February, 2017 to March, 2018 alone, the Ministry of Devolution and arid and Semi-Arid Lands provided 21,540 bags of maize of 50kg bags. In total, the amount of money that was spent on buying maize and rice was Kshs261,252,814 in the purchase of the food. Further, there was money that was transferred. The Government spent Kshs114,721,6754 to the12,542 vulnerable households. The beneficiaries were 75,252. Every family was given Kshs3,000 and this is inclusive of Kshs47 that was used for the transfer of money. In addition, the Government in collaboration with the United Nations Children’s Fund (UNICEF) spent Kshs14 million to provide supplementary feeds to children less than five years of age in the year 2017 to all Wards in Isiolo County. Madam Temporary Speaker, the Government, in partnership with the European Union established and operationalized the Drought Contingency Fund (DCF) under the National Drought Management Authority (NDMA) since 2014. The Fund has been supporting drought preparedness and response initiative in the 23 ASAL counties. So far, the Fund has been able to disburse Kshs1,426,307,622 between 2014 to date in the 23 ASAL counties. Isiolo County specifically, has been able to access its share of Kshs135,118,505 to mitigate against adverse drought since 2014 to date. Some of the key interventions implemented in the county with the support of the Fund under specific sectors include:- (a) Water (b) Livestock (c) Education (d) Health (e) Peace and Security (f) Drought Management Coordination. Question No. 2 was on the measures taken by the Government as informed by early warning systems to mitigate against drought effects in Isiolo County. Madam Temporary Speaker, the Government, through the National Drought Management Authority (NDMA) manages a robust drought early warning system. The drought early warning information is provided to stakeholders on a monthly basis for decision making. In particular, the Inter-Governmental Committee on Drought and Food 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 take this opportunity to thank my brother, Sen. Kinyua, Senator, Laikipia County, who is also the Chairperson of the Committee on Devolution and Intergovernmental Relations. I have gone through this statement and reluctantly accepted the information given here. With regard to the first question, we have a figure of Ksh261,252,814, which is a lot of money. This is in theory because when you go on the ground, it has not impacted on the communities living there. It is unfortunate when people sit in Nairobi and give answers to questions without visiting the ground. They need to go on the ground and practically report what is happening there. I wish I can have an opportunity to sit, one-on-one with the Cabinet Secretary (CS) in charge of the Ministry of Devolution and National Planning because I would ask him to change their strategy when allocating this money to relevant departments. The chairperson has given a figure of Khs72 million to the beneficiaries with regard to money transfer. This is a lot of money. Could they have better strategies of how this money is disbursed to individuals because it is not done in a transparent manner? Personally, I feel that this money has not helped people of Isiolo. Question No.3 is on issues of water downstream which is a big problem to our people. When the Ministry says various institutions are involved in ensuring that water reaches downstream, but I believe some of them like Ewaso Nyiro North Development Authority (ENNDA) is a dead entity. ENNDA is literally doing nothing. At some stage, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I will allow a few comments, probably two or three from different Members.

Thank you, Madam Temporary Speaker. I also have a question to the Ministry on drought mitigation measures. I appreciate their efforts to answer our questions, but they need to be more serious. Their responses to statements by Members are similar. It seems as if they retrieve them from the Ministry’s shelves and bring them here. It does not matter how long they have been on those shelves. I have keenly listened to the responses, especially, when they talk about the Kenya Meat Commission (KMC) having been given money to buy livestock from farmers. The same case applies to Kajiado County. Many of those members who sold cows to KMC have not been paid up to today. As we speak, we have people who sold cows to KMC thinking that they will get money to restock back after the dry season, but up to today, they have not received their monies. 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, this is not a time for debate. I kindly ask you to just seek clarifications. So, if I give you an opportunity, just seek further clarification. Proceed, Sen. Sakaja.

Thank you, Madam Temporary Speaker. At the outset, I just want to say that I sympathise with my brother, the Senator for Laikipia. Sometimes, some of these responses just come very wordy. It is like there is a template in some of these departments on how to respond to these statements. They emit no light; just heat and words. We have a problem. If you keep doing the same thing over and over again and expect different results, then there must be something wrong with you. There is something wrong with us as a country. We are talking about billions of shillings that have been sent to some counties for emergency relief. In two months, the Government disbursed between Kshs261,252,000 and Kshs1 billion to those counties, including Isiolo County which received Kshs135 million. You will need much less amount of money to prevent the effects of drought as opposed to what you are using that is not a permanent solution. If you go to Kipini which is---

Sen. Sakaja, are you seeking further clarification or you are debating?

Madam Temporary Speaker, I am seeking further clarification.

Please go straight to the point because time is not on our side.

Madam Temporary Speaker, if you go to Kipini and you see the amount of fresh water that is flowing into the Indian Ocean, you will want to cry. We want the Ministry to tell us what they are doing to harvest the huge amounts of fresh water flowing into the Indian Ocean through Kipini. Tana River alone has a conflict between the farmers and the herders – I was there myself when I chaired the Committee on National Cohesion and Equal Opportunity in the National Assembly – yet the water is going into the Indian Ocean. We also need clarification on whether we have a drought management authority and also a flood management authority. We cry about floods just like my county was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Pareno.

Thank you, Madam Temporary Speaker. I would like to just seek a clarification about the actual steps that have been taken to mitigate this drought. In as much as you may send billions of shillings to the counties, we want to hear exactly what has been done; the actions taken to mitigate this issue of drought when if falls. I am also interested to hear the after drought interventions. We lost many livestock. Right now, the rain has come and it has washed away everything including the carcasses that were left due to that drought and the produce that is in the farms. There is water all over. What are we doing about it? Yes, this has been a drought season and the rains have come; after the effects, what do we do? That is probably linked up with the effects of climate change, but let us hear what they are doing in relation to controlling the after drought effects.

Finally, Sen. (Prof.) Ekal of Turkana County.

Thank you, Madam Temporary Speaker. I am afraid that I may repeat what my sister, Sen. Pareno has just said. However, it is important to emphasise the fact that we do not seem to understand the concept of problem solving. Kenya has been independent for the last 55 years and we are still going through the same problems year after year. Take the example of hunger; it is pestering our people left and right every year. This issue of cattle rustling is also pestering our people year after year. If in “management-think”, like the rest of us to know, that whenever there is a problem--- I do not know if the engineers and the other scientists are the only ones who think like this; that whenever there is a problem, you have to look for a solution. What is the solution to the hunger problem? What is the Ministry doing to stop hunger or to a least reduce hunger that is pestering the people? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker.

What is your point of order?

Madam Temporary Speaker, I thought we have sought some further clarification on this. It is, therefore, important for the Chairperson of the Committee to respond on when he will provide those clarifications.

Chairperson, please respond to the other questions raised.

Madam Temporary Speaker, there are concerns which were raised by the Senate Deputy Majority Leader. She said that there was no transparency in the money that was given to those people. She asked an extra question on the list of people who were given the money and we will answer it in seven days. On the issue of the drought, it was not only experienced in Isiolo County; it was also experienced in Laikipia County and across the country, where all the rivers dried up. However, as Sen. Sakaja said, right now everybody is complaining about the floods. As far as I am concerned, it is the duty of each and every one of us to collect rain water. For example, when water flows through ones farm, they should, at least, do a small water pan and the water collected can be used to sustain crops.

Please allow me to complete my response, Senate Deputy Majority Leader. At the end of the day, it is about you, as a person. The Ministry of Devolution and Planning might not do all these things because they are working together with the Ministry of Agriculture, Livestock and Fisheries as well as with the Ministry of Water and Irrigation. The Ministry of Devolution and Planning provides food and money to people who are struck by hunger. However, the Ministry of Water and Irrigation handles the issue of water, together with the Ministry of Agriculture, Livestock and Fisheries. I have noted the concerns raised and I will respond to them in one week.

Is that okay, Sen. Dullo?

That is okay, Madam Temporary Speaker. However, more importantly, he needs to clarify on the issue of the payment due to the pastoralists. When will they be paid? He should give an answer to that even before the seven days. 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. Kinyua, will you give an answer to that in seven days?

Yes, Madam Temporary Speaker.

Sen. Dullo, he has already mentioned that he will do it in seven days time.

On a point of order, Madam Temporary Speaker.

What is your point of order?

Madam Temporary Speaker, I want to plead with the Clerk’s Office. We are really being mistreated, as Chairpersons of Committees, because when we come to give responses, we find 30 responses on the Order Paper. We, therefore, sit until 5 o’clock only to be told that the responses will be given next week. We have been walking around this Parliament with files upon files of answers to questions. Can we, at least, be scheduling and know that, for example today, there will only be four or five responses? We cannot go from Statement (a) to (z); to (aa), (bb), (cc) and (dd), because we have even run out of alphabets. We keep all these Chairpersons here, expecting them to give responses to Statements only for them to be deferred to tomorrow. Please direct administratively that we make good use and respect the time of Chairpersons of Committees. We could be dealing with other matters of national and county interest.

Sen. Sakaja, your point is noted and it will be taken care of. We must also provide time for other Business of the House and, therefore, we have to balance that one. Hon. Senators, we will defer the rest of responses to Statements to tomorrow, Wednesday at 2.30 p.m. onwards. REGISTRATION AND PROVISION OF FACILITIES IN PRIMARY AND SECONDARY SCHOOLS DISAPPEARANCE OF PATIENT LEMELOI SHONKO FROM COPTIC HOSPITAL RAID BY ARMED BANDITS IN SUYIAN AREA, SAMBURU NORTH CONSTITUENCY DELAYS IN PROCESSING OF BIRTH CERTIFICATES ONGOING RECRUITMENT EXERCISE BY KDF VIOLENCE IN JAMHURI HIGH SCHOOL, NAIROBI COMPENSATION FOR PERSONS AFFECTED BY KETRACO HIGH VOLTAGE POWER LINE PROJECT HARASSMENT OF OPPOSITION LEADERS 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. Wamatangi.

Thank you, Madam Temporary Speaker. I do not have much to add to what I said last time when moving this Bill. I thank all the Senators who contributed to this Bill and who made proposals for amendments on some of the Clauses. Most of the Senators have experienced some of the issues that are being addressed by this Bill. We have enriched the Bill in the debate and added value to some of the proposals that we have made. As we proceed, I assure Members that the amendments that were proposed will be considered at the Committee level. Madam Temporary Speaker, as I elaborated when I was moving the Bill and in the course of debate on it, we believe that all Senators have since then joined together and the Bill has now become the property of the house. We believe that upon passage of this Bill, we will have a neater, hygienic and more organized way of assumption of the office of the governor-elect and the deputy governor-elect. We also expect, as provided under Article 182(2), that the holder of the office of the Speaker may get involved in the process of assumption of office. Finally, Madam Temporary Speaker, this country has been waiting for this Bill for a long time. I remind the country that other than the election of 2013, we went to an election in 2017 without a firm law. Indeed, the matters that needed to have been put to proper discipline and law were done through regulations proposed by the Ministry of Devolution and Planning, but without any binding recourse or even reference to law. That is why I believe that once this law is passed, this country will enjoy a neater and better process of assumption of office of the governors. Madam Temporary Speaker, this Bill will now move to the Committee Stage, where any amendments will be taken on board until when we finally bring it back for adoption by this House. As provided for under Standing Order 55(3), I request you to kindly defer putting the question until such a date, as you may rule, that will be convenient, when there are enough Members. This being a Bill that concerns counties, we should vote on it when we have enough Members. I beg to move.

Hon. Senators, since we do not have the requisite number to go for Division, let us defer it to tomorrow at 2.30 p.m.

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

Sen. Mutula Kilonzo Jnr.

.: Thank you, Madam Temporary Speaker. I rise to support the County Governments (Amendment) Bill (Senate Bills No.11 of 2017) sponsored by the Senate Majority Leader. Although we have amended the County Governments Act several times, it has been a learning lesson, particularly, where there are gaps. For example, I have a Bill to resolve the question of dissolution of counties. Like in the case of Makueni County, the report was submitted to His Excellency the President. Although public funds were used, there are several lessons which would have benefitted the country if it had come to the Senate. So, we must agree that in the rush to have devolution, the County Governments Act left gaping holes everywhere on several issues. I will begin with something that I have some passion about, that is, the lacunas left in the law under Article 182 of the Constitution. This is on the filling of vacancies of deputy governor; where the governor assumes office – like in the case of Nairobi and Nyeri counties – and no specific provision is made in law for filling of that vacancy. Madam Temporary Speaker, the Supreme Court saved us the hustle of having to go through these motions. The Bill on impeachment proposed by the Committee on Justice, Legal Affairs and Human Rights and the Assumption of Office of the County Governor Bill by the great Senator of Kiambu County have similar provisions. It would be very nice if this Senate was to agree where we would place this amendment on filling of the vacancy of deputy governor. There is no mistake in law in having this law replicated as many times as possible, but it is a little untidy. It would be neater to agree as the Senate that, as a principle, we agree with the Supreme Court in its advisory opinion that a deputy governor can be appointed by the governor in the absence of a deputy governor and approved by the county assembly in the proposed new Section 32D without necessarily having it in so many other Acts of Parliament. My view is that it is in good order to have this seated in situ in the County Governments (Amendment) Bill. Although we are not allowed to criticize other arms of Government, I must say that the Supreme Court advisory opinion left me wondering, because instead of requesting Parliament to make changes to the law, they drafted these sections word for word, in the same way as in the Bill by Sen. Murkomen. That is shocking. They even picked the Bill and put it in the advisory opinion. It is amazing because the Supreme Court would have asked Parliament to look for a method or even propose one. This is because in the Advisory Opinion No.2 on division 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.

Since there are no more interests--- Proceed, Sen. Sakaja. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, there is a lot of interest. Most Senators had an opportunity to contribute to this before. I am glad to be the last before the mover replies. I join the Senator of Makueni County who spoke before me in acknowledging the industry and dedication of our Senate Majority Leader in trying to bring clarity into a lot of these provisions that have been missing within our laws and the lacunas that we have had. As we all recognize, devolution is growing. We had not done devolution before and this is the first time our country is dealing with it. The lessons learnt in the last five years, indeed, should serve as guiding lights to the areas that we need to look at. There is merit in the thought that we might want to consolidate some of the Bills that are being proposed that are similar for neatness and clarity of the law. We do not have to look at many statutes that are talking about similar issues. We can have all of them in a bundle or have them altogether. Mr. Deputy Speaker, Sir, the last term of devolution was almost seen as if devolution was a competition between the two levels of government – the counties and the national Government competing for space, the Senate and governors and Senate and the National Assembly. It is important that our disposition as the Senate towards devolution, governors and the members of the National Assembly changes. Kenyans are not interested in the competition and the turf wars, for example, between the “Upper House” and “Lower House” over who has the money and who has the knife in their arm. Kenyans want services delivered to them and that is the real object of devolution, based on the principle of subsidiarity where a service is best offered at the lowest level, compatible with the benefit area of the same service. That is what we signed when we promulgated this Constitution. I no longer call it the new Constitution because it is a bit old now. That is what we need to stay true to.

I can see there has been a change of Chair. I acknowledge Mr. Deputy Speaker, Sir, in the Chair. Going to the provisions of this Bill, which I just want to give clarity and provide for what had been left out, there is merit in clarifying the commencement of a sitting of a county assembly. In the last term, there were questions as to the legality of election of many county speakers, given the fact that many of them were elected before nominated Members of County Assembly (MCAs) had taken oath of office. Many county assemblies already formed committees before the nominated MCAs took office and the question of fairness then arose. Is a county or even the Senate fully constituted if the nominated Members have not yet been sworn in, either because of a court case or a petition against them? Should there be a threshold for that? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well. Let us have Sen. M. Kajwang’.

Thank you, Mr. Deputy Speaker, Sir. I wish to also go on record regarding this Bill. I congratulate the Senate Majority Leader, Sen. Murkomen, for very speedily coming up with this Bill. The media reporting on this Bill has mostly focused on the issue of the assumption of office of the deputy governor in the event that there is a vacancy in that office. The provision of legal framework for assumption of office of governor by the deputy governor and the appointment of a new deputy governor is the Clause that has elicited a lot of media attention. This Bill has several other very important and interesting provisions that I support. First of all, it provides clarity on commencement and sitting of county assembly after election. I have seen this in the past general election. Our elections seem to take almost a year starting with nominations. After that, some people go independent, others remain in the mainstream and then we have a very gruelling general election. After that, as a member of a county assembly, you hope that you will rest and start doing some work on behalf of the people who elected you. Previously, there was not much clarity on when a county assembly could sit. This Bill seeks to correct that by saying that it shall not be more than 30 days after constitution of the full assembly as provided for under Clause 7A of this Bill. This is something that we need to look at. I remember it was the former Sen. Martha Wangari, now a member of the National Assembly---. She also helped us to come up with clarity by saying that an assembly is fully constituted when nominated members have also been appointed within the assembly. Mr. Deputy Speaker, Sir, it will, therefore, be possible for members of the county assembly to go into election knowing that they will be able to start earning their first pay check within a certain number of days. This Bill also makes it clear that an assembly can sit anywhere within that county. I want to laud the Governor for West Pokot, Prof. Lonyangapuo who was with us as a very active contributor in this House. He would be among the few debaters when it got to a time like this when many people are low in energy. He has already implemented what this Bill proposes, that the assembly can sit anywhere. We saw in the media that the county assembly of West Pokot was sitting under trees in the scorching sun and bringing the assembly close to the people. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order! Order! Proceed with your contribution, Sen. M. Kajwang’

Mr. Deputy Speaker, Sir, I was getting a bit emotional because I know you are passionate about education. The unpopularity is automatic the day after your election. The failure of the Senators and MCAs is what I would call an expectation failure; huge expectations that cannot be delivered. Consequently, you will always find a situation where members of the public will attempt to recall MCAs. We must allow members of the public the opportunity to change their minds about the people they elected. Nevertheless, it should not be something that people are holding against your neck that, if you cannot pay for my school fees or bury my relative, then I shall recall you. We should make it possible but not make it a matter that will be used to blackmail us all the time. In terms of appointments and dismals of County Executive Committee (CEC) members, there was a ruling in Bungoma High Court that stopped MCAs from impeaching CEC members. We had a challenge as the Senate and legislature to make sure that the rules or procedures for removal of CEC Members were consistent with the Constitution. We could have all sorts of ideas about that ruling, but we have to abide by that ruling. As we process this Bill, I hope we shall make it possible for MCAs to exercise their power to oversight and where it becomes necessary to impeach CECs, not out of Mischief but out of necessity. We must also address the issue of chief officers in counties. When most of the new governors took office, they fired the existing chief 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. Moses Kajwang.’ I only want to remind you that in future, when you choose your examples, be careful so that you do not confuse the Chairperson with the Senator for Tharaka Nithi County. Those are two different people, depending on where one is seated. I am sure you have noted that. Hon. Senators, I do not see any further interest on this Bill. Where is the Mover of the Bill? I saw him moving around the House; he seems to be at large.

Hon. Senators, the Senate does not wait for anybody. I, therefore, defer the reply to tomorrow.

Next order!

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

(Sen. (Prof.) Kindiki): What is it, Senate Majority Leader? What is out of order?

Mr. Deputy Speaker, Sir, I am the one who is out of order. I am trying to report myself to you as having been out of order. I beg for your indulgence; I was having consultations in my office. I have had to run very fast to come and reply to this Bill. I will not take more than ten minutes to do so. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senate Majority Leader. I hear you; it happens to many Senators and it happened to me once in my previous life. Unfortunately, the Standing Orders do not allow me to indulge you because we have already moved on. I had actually said, as you walked in, that “The House waits for no man or woman for that matter.” I, therefore, direct that the reply will be given tomorrow and I reiterate the direction I had given earlier. I now call upon the mover of Order No. 10, Sen. Mutula Kilonzo Jnr., to move it.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that the National Flag, Emblems and Names (Amendment) Bill (Senate Bills No. 8 of 2017) be now Read a Second Time. Mr. Deputy Speaker, Sir, from the outset, I have done some tremendous research in order to come up with this Bill in terms of the proposal, which is going to change the way we do things in this country. My research has shown that the flag of Kenya has been treated like a privilege. It has become a status symbol and it has been left to the few. That is the reason why those who lost their positions by virtue of being sacked, their flags were removed at any point, even on the road, because that flag represents power. But the concept of the flag of Kenya is something different. Mr. Deputy Speaker, Sir, allow me to say that the National Flag, Emblems and Names Bill was moved by the then Minister for Justice and Constitutional Affairs, the late Tom Mboya, on 26th November, 1963. That is where I want to begin; from the last statement he made. He said this and I want to repeat it for the record: “Sir, I can only repeat again that the purpose of this Bill is to secure the dignity and respect that the national flag and emblem of this country deserves, as you have also said of the flag and emblem of the United Nations. We intend that, on our Independence, there should be as much celebration as possible. But there should be no disrespect whatsoever of the flag or emblems of the new nation. We intend that after Independence, the use of the national flag or the emblem shall be on the basis of dignity that these articles deserve. They will be respected because they are the basis and the symbol of the new nation of our country. All our people have sacrificed so much for this Independence and, therefore, the symbols of our independence shall always carry the same degree, affection and respect they deserve.” Mr. Deputy Speaker, Sir, why is it a crime to fly a flag outside your residence? Why is it a crime to fly a flag outside your office, if it is not a Government office and you are not a State officer? I have gone out of my way to put a flag outside all my offices, even in Ukambani, because I want to see if anybody is going to arrest me because I want to fly the Kenyan flag. This drove me to think carefully about why we have prohibited 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., what is the occasion? You are so pious and patriotic today, almost to a fault.

Mr. Deputy Speaker, Sir, are you challenging my patriotism?

I have just said that if you read the things that I have been reading, you will realize that we made mistakes in this country. I have been waiting for this opportunity to say that Kenya is greater than all of us. I will get in trouble with many people but it does not matter.

(Sen. (Prof.) Kindiki): This is very impressive. I rarely hear you quoting the Bible. You always quote Mahatma Gandhi and Nelson Mandela.

Please proceed, Sen. Sakaja and I hope that you will take the cue from where the mover has left.

Mr. Deputy Speaker, Sir, I will take the cue from where Sen. Mutula Kilonzo Jnr. has left off by quoting the Bible in the book of Genesis 11:6, the Lord says; “If as one people speaking the same language they have begun to do this, then nothing they plan to do will be impossible for them.” That one language includes having one flag. I will quote Sen. Pauline Hanson of Australia who says that:- “To survive in peace and harmony, united and strong, we must have one people, one nation, one flag.” I am very proud today to second this amendment Bill by my brother, the Senator for Makueni County, who as he has mentioned, we have been exploring ways over time on - despite the politics and Kenyans not agreeing on one school of thought in terms of political philosophy and political party – how we can ensure that we can still have our 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): Senator, be very careful not to attract---

Mr. Deputy Speaker, Sir, I went to that very prominent---

(Sen. (Prof.) Kindiki): The trouble will not come from this side. I am just alerting you.

Mr. Deputy Speaker, Sir, I do not see many people who can challenge that statement. They did not go to the Duke of York School, Lenana School. I am very glad that Amb. Kimani is now leading this reconciliation process together with Lawyer Paul Mwangi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order Sen. Sakaja. I do not want to disrupt your flow of thought for you are sounding quite professorial. However, looking at the clock, the Motion has to be Seconded and the Question has to be proposed, if it has to survive, I am asking you to work around that so that we can propose the Question before 6.30 p.m.

Mr. Deputy Speaker, Sir, I will not use my entire provision of time though I still have five minutes left. I will not use all of it. This matter is very close to my heart. The first time I left this country was not when I was very young. I first left this country in my twenties and went to The Hague in Netherlands to support Uhuru Kenyatta who had a case at that time. It was my first time out of Kenya. I had never travelled out of this country. I am glad and proud that that was my first trip to support a great man like Uhuru Kenyatta. When I went to Netherlands, I was dumbfounded at the kind of order, how clean the streets were and at the manner in which pedestrians would stop at the traffic lights at midnight even when there were no vehicles passing. However, when I looked at their monuments, I saw people on horseback with swords. Of course, I saw flags everywhere and I could tell this was a country of a proud people. So, I kept asking myself what is wrong with us Kenyans or Africans. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Well done. Sen. Mutula Kilonzo Jnr., you may have to read the book by Mr. Benedict called The Emergent Societies. It will tell you that societies, including nations, are actually emergent by three things; the flag, the anthem and the map.

Proceed, Sen. (Prof.) Ongeri.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to one of the most monumental and fundamental Bills before this House. I have lived through that history when I was a student and I hosted the independence celebration in Bombay. I had the pride of hosting that celebration because the Committee in Nairobi decided that the President of the Kenya African Students Association will host on behalf of the Kenyan Government. When that flag went up, with the nationals of India, I felt that I was somebody. That is why when I came back, I continued being somebody.

That is the feeling that you get. Even at the time when you were quoting those elements of Tom Mboya or “TJ”, as we used to call him, it is because we were all in one boat. When this flag was decided upon, I remember, as students, we wrote to Lancaster House on the issue of land because we felt that we were totally alienated from the possession of land in our own motherland. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Sen. (Prof) Ongeri. When we resume debate on this Bill, you will have a balance of 14 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.

(Sen. (Prof.) Kindiki): Order, Hon. Senators. It is now 6.30 p.m., time to adjourn the House. The Senate, therefore, stands adjourned until Wednesday, 21st 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.