Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 27th March 2018. The Public Finance Management Senate Monitoring and Evaluation Regulations 2018. I thank you.

Sen. (Prof.) Kindiki): Next order!

Sen. (Prof.) Kindiki): It is now Statements hour and the rules apply as agreed before. If you are not here, the Senate will not wait for you. Let us start with the Statements to be requested. The Senator for Lamu County, please proceed. You have the Floor MANAGEMENT OF PUBLIC HEALTH SERVICES IN LAMU COUNTY

Mr. Deputy Speaker, Sir, pursuant to Standing Order 46(2)(b), I rise to seek a Statement from the Chairperson of the Standing Committee on Health regarding the Management of the public health services in Lamu County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Kindiki): Where is the Chairperson of the Committee on Health? Daktari, give us an undertaking.

Mr. Deputy Speaker, Sir, I undertake to give a comprehensive answer to this question within two weeks.

Sen. (Prof.) Kindiki): Sen. Loitiptip, is that okay with you?

Mr. Deputy Speaker, Sir, I kindly request for the response to be given in one week’s time because there have been strikes in the county due to the grievances that have been raised.

Sen. (Prof.) Kindiki): Mr. Chairman, is one week okay?

Mr. Deputy Speaker, Sir, one week is okay.

Sen. (Prof.) Kindiki): It is so ordered. We also have another request for Statement from Sen. Fatuma Dullo. DELAY IN CONSTRUCTION OF ROADS IN HIGHWAY SECURITY RISK AREAS IN ISIOLO COUNTY

Mr. Deputy Speaker, Sir, pursuant to Standing Order 46(2)(b), I rise to seek a Statement from the Chairperson of the Committee on Roads and Transportation regarding the inordinate delay in the construction of roads in highway security risk areas in Isiolo County such as Merti, Oldonyiro, Leparwa, Korbesa and other surrounding areas. These roads have been impassable due to heavy rains experienced in the area and they have not been repaired for the last 10 years. 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): Can the Chairperson of the Committee on Roads and Transportation give us an undertaking.

Mr. Deputy Speaker, Sir, I request for two weeks.

Sen. (Prof.) Kindiki): Sen. Dullo, is two weeks okay?

Mr. Deputy Speaker, Sir, there are a lot of problems, especially with the bridges now that it is raining. We are going on recess, therefore, I request Sen. (Eng.) Hargura to give us preliminary answers by Thursday.

Mr. Deputy Speaker, Sir, I would have liked to give the answer as soon as possible. However, considering the mode of communication to Government Departments to get answers, it will not be practical to get a response within two days.

Mr. Deputy Speaker, Sir, I plead on the bridges. Three people have died in the last three weeks. Can they just tell us when they will repair that bridge?

Sen. (Prof.) Kindiki): Sen. (Eng.) Hargura, report progress on Thursday.

Mr. Deputy Speaker, Sir, I am obliged.

Sen. (Prof.) Kindiki): It is so ordered. Lastly, Sen. Kwamboka, please proceed. CITIZENSHIP STATUS OF MR. MIGUNA MIGUNA

Mr. Deputy Speaker, Sir, pursuant to Standing Order 46(2)(b), I rise to seek a statement from the Chairperson, Standing Committee on National Security, Defence and Foreign Relations regarding the citizenship status of Mr. Miguna Miguna. In the statement, the Chairperson should as for now: (1) Confirm the current Kenyan citizenship status of Mr. Miguna Miguna. (2) Explain why Mr. Miguna Miguna was denied re-entry back into the country on Monday, 26th March, 2018 despite a High Court Order requiring him to be in the country. (3) Explain the measures that the Government has put in place to facilitate Mr. Miguna Miguna’s re-entry into the country as per the High Court Order. (4) Explain the circumstances that led to the clobbering up of Mr. Stephen Letoo, a Citizen Television journalist and Mr. Robert Gichira, a Nation Television 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): Chairperson, Standing Committee on National Security, Defence and Foreign Relations.

Mr. Deputy Speaker, Sir, I will give a response in two weeks’ time.

Sen. (Prof.) Kindiki): Sen. Kwamboka is that okay?

Mr. Deputy Speaker, Sir, this is an urgent on-going national matter of concern. It is trending.

Sen. (Prof.) Kindiki): What is urgent?

Mr. Deputy Speaker, Sir, nobody knows the whereabouts of Mr. Miguna Miguna. He has been held at the JKIA since yesterday. He has a right to be in the country because he is a citizen. We do not know whether he has taken anything since yesterday. He has not even showered. We even need an interim response from the Chairperson as they do further investigations.

Sen. (Prof.) Kindiki): Chairperson, you have heard that the citizen has not showered.

Mr. Deputy Speaker, Sir, that is a concern of the Committee on Health.

Sen. (Prof.) Kindiki): Order, Chairperson, Standing Committee on National Security, Defence and Foreign Relations. Do not trivialize human rights.

Mr. Deputy Speaker, Sir, I am responding to that concern. The response to a Statement does not change the ongoing situation; it just gives information to the House. This question is similar to what has been asked before on the Floor of this House regarding his citizenship, and it was answered. The Government ascertained that Mr. Miguna Miguna is a Canadian citizen. Mr. Deputy Speaker, Sir, I will strive to bring an interim response possibly on Thursday. However, I request for two weeks in order to answer the other subsidiary questions that she has asked. I am also concerned because all that is happening in Embakasi East Constituency in my county. We also want to know what is going on because we want people to be able to travel in and out of the country. This country is known to be very welcoming to tourists and accommodative to Canadians and countries that are friendly to us. I will, therefore, give that response on Thursday.

(Sen. (Prof.) Kindiki): So, we expect you to issue a Statement on Thursday?

Yes, Mr. Deputy Speaker, Sir. I will issue an interim Statement. 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): There is nothing like an interim Statement in the Standing Orders!

Neither is there a comprehensive Statement, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): You will issue a Statement which will entail the information you would have received by that time.

Yes, Mr. Deputy Speaker, Sir; you are absolutely right.

(Sen. (Prof.) Kindiki): It is so ordered. Sen. Kwamboka, do you want to say something?

Mr. Deputy Speaker, Sir, I agree that the Statement be issued on Thursday. Thank you, ‘super’ Senator of Nairobi County.

(Sen. (Prof.) Kindiki): Order Senator! We officially have no ‘super’ Senator in this House. You are completely out of order!

Order Senators! Let us now go through the many Statements which are due to be issued. If, for example, Senators who requested for Statements are not here and they have not told the Chair why they are not here, we will drop the Statements. As for the Chairpersons, it is expected that you have shared the response to the Statement with the Senator who requested for it and they have internalized it. Therefore, when it is time for issuing the Statement, please, just give highlights the way lawyers highlight their submissions in court. Thirdly, if there are any supplementary questions arising out of a Statement issued, they should be very specific and restricted to the matter. This should not be used as an opportunity to advance your thirst for knowledge on all matters on the face of the earth.

Finally, Senators, there has been a creeping culture of Senators ‘riding’ on Statements requested by other Senators, which should be discouraged. If you want to raise a matter, just request for a Statement yourself. Otherwise, we will have one Statement with 46 or even 67 others ‘riding’ on it. This claws away time for our Business and makes the work of Chairpersons extremely difficult, because they have to carry out extensive research before they bring the Statement. So, those are the rules. What is it, Sen. Malalah?

On a point of order, Mr. Deputy Speaker, Sir. I want to believe that as we are seated in this House, we represent the citizens of this Republic. Therefore, when an honorable Member raises a question through a Statement, he is asking the Statement on behalf of the people of Kenya. Therefore, if he or she is not in, I would suggest that we do not drop the Statement, but rather Table it before the House for future 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): I totally agree with you, Sen. Malalah. I amend my earlier Statement by saying that it will only apply if both the Chairperson and the one who requested it are not there, and the Chair has no idea where they are. However, the Statement will be tabled if the Chairperson is around and has the Statement. It also takes a lot of energy and effort by the Chairperson, the Committee and the State officers involved, including the Cabinet Secretary (CS), to provide that information, which is for the wellbeing of the people of Kenya. I agree with you on this one, Sen. Malalah.

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

(Sen. (Prof.) Kindiki): What is it, Sen. (Prof.) Ongeri?

Thank you, Mr. Deputy Speaker, Sir. I seek your indulgence on a matter that you have ruled upon. Standing Order No. 46 (2) (a) states that:- “A Senator may make a Statement on a county issue or on an issue of general topical concern” There is a corollary to the issue raised by Sen. Kwamboka on Mr. Miguna Miguna. I would like to seek your indulgence to ask the Vice Chairperson of the Committee on National Security and Foreign Relations to clarify on an adverse report that the United States of America (USA) has withdrawn the contract for direct flights from Kenya to the USA. You will recall that this country invested so much money in trying to get those contracts in place and also in hiring the dreamliners. Could he give us an indication whether this is true and, if so, what the Government is doing to forestall that situation?

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

(Sen. (Prof.) Kindiki): What is it, Sen. Mary Seneta?

Mr. Deputy Speaker, Sir, I think you had already made a ruling concerning Sen. Kwamboka’s Statement and we had already made progress on Statements. Is my senior, Sen. (Prof.) Ongeri, in order to take you and the House back to a Statement that you had already ruled on?

(Sen. (Prof.) Kindiki): Ideally, you are right, Sen. Seneta, because I had already given direction on that matter. However, the whole idea is to also prevent other Senators from unnecessarily ‘riding’ on a request for a Statement until it becomes a humongous task and loses focus. Given the circumstances and considering the issues at hand, which involve alleged violations of fundamental rights and freedoms of an individual, that is a grave matter. Therefore, Vice Chairperson, as you provide your response on Thursday, I direct that you also tell the House whether it is true, as Sen. (Prof.) Ongeri has said, that the country has lost the contract for direct commercial flights to the USA and how the Government plans to address the whole issue. More importantly and of greater concern to this House is not the commercial issue, but the fundamental rights and freedoms of an individual. That surpasses every other consideration. It is so ordered.

On a point of order, Mr. Deputy Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): What is it, Sen. Mutula Kilonzo Jnr.?

.: On a point of order, Mr. Deputy Speaker, Sir. Now that you have mentioned fundamental rights of that individual, he has a right to food and medical care. In fact, I am now reading Twitter messages that he has been locked in a toilet. Is it possible to find out whether the wellbeing of that citizen – Mr. Miguna Miguna – can be brought to the attention of this House tomorrow?

(Sen. (Prof.) Kindiki): I still believe that the Chairperson has tomorrow to give this House credible and holistic information. For that reason, I still maintain, as directed, that let us have the Statement on Thursday. Let us not go beyond what we have said. Chairperson, give us the information that you will have gathered by Thursday. However, please, bear in mind that the fundamental rights and freedoms of an individual are involved.

Mr. Deputy Speaker, Sir, I completely agree with your direction and the concern of Members. The fundamental rights of this individual are important to us, whether or not we agree with his political philosophy. In fact, I will be in contact today with the relevant authorities to ascertain the current situation. However, I will give the response on Thursday. So, immediately I will be in touch with the Police, the Kenya Airports Authority (KAA), the County Commander of Nairobi City County and all other relevant authorities, to make sure that even as they pursue the immigration issues, he gets what he deserves as a human being.

(Sen. (Prof.) Kindiki): Very well. Let us now go to Statements due. INCESSANT INSECURITY IN ADC NDABIBI FARM, NAIVASHA

(Sen. (Prof.) Kindiki): Sen. Kihika is away on official duty outside the country. I would rather we indulge her because I do not think there is urgency. So, the Statement is deferred.

The next Statement is by the Chairperson of the Committee on Education, Sen. (Dr.) Langat. TRANSFER OF TEACHERS FROM NORTHERN KENYA

Mr. Deputy Speaker, Sir, this Statement is not ready, but I have taken an initiative because it is a serious matter. On Friday, I went there with Sen. Omogeni and Sen. Kinyua to meet the Teachers Service Commission (TSC) Chief Executive Officer. In fact, we even discussed further to meet her on Thursday in our Committee. I have discussed with the concerned Senators from North Eastern and we will meet together on the same. 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): When will the Statement be ready?

Mr. Deputy Speaker, Sir, we will meet on Thursday morning and I am sure it will be ready in the afternoon.

(Sen. (Prof.) Kindiki): It is so ordered; Thursday. Sen. Farhiya, do you want to say something?

Mr. Deputy Speaker, Sir, it is okay.

(Sen. (Prof.) Kindiki): Chairperson, Committee on Tourism, Trade and Industrialisation, Sen. Kibiru, proceed.

Mr. Deputy Speaker, Sir, I have the answer.

(Sen. (Prof.) Kindiki): Sen. Zawadi, have you seen the Statement? Sen. Kibiru, have you shared the Statement with Sen. Zawadi?

Yes, Mr. Deputy Speaker, Sir. I did it a long time ago. This has been---

(Sen. (Prof.) Kindiki): Order, Senator! Sen. Zawadi, have you seen the Statement?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Chairperson, proceed by way of summary and highlights.

Mr. Deputy Speaker, Sir, the Statement is in regard to the state of tourism in Kenya. Here are the responses from the Ministry. First is on figures of tourists who visited Kenya in 2016 and 2017. We had 1,342,899 tourists in 2016 and 1,474,671 in 2017. We have a specific breakdown---

(Sen. (Prof.) Kindiki): Order, Senator! If you proceed like that, we will not make progress. If you look at the Order Paper, you will understand the gravity of this matter.

Mr. Deputy Speaker, Sir, I am summarising.

(Sen. (Prof.) Kindiki): If Sen. Zawadi has already internalized the Statement, please, give us broad highlights of the responses. If Sen. Zawadi requires a clarification or two, we will entertain that and then go to the next Statement.

Thank you, Mr. Deputy Speaker, Sir. I was doing exactly that. I had just mentioned that there is a detailed breakdown, which I did not intend to go through. On the number of tourists visiting Malindi and why it has gone down, the answer is there. It is because of insecurity in the region. It is detailed and I shared the same with Sen. Gona. Regarding what the Government will undertake to deal with pollution, likewise, there is a detailed answer to that effect. The Senator who asked the question told me that she is satisfied.

(Sen. (Prof.) Kindiki): Sen. Zawadi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante, Bw. Naibu wa Spika. Ni kweli kuwa nimetosheka na majibu kutoka kwa Mwenyekiti. Hata hivyo, kuna jambo ambalo sikuridhika nalo sana. Niliuliza kuhusu wageni ambao wanatembelea sehemu ya Malindi na Mwenyekiti akaleta ripoti ya Pwani nzima. Niliuliza kuhusu Malindi peke yake.

(Sen. (Prof.) Kindiki): Order, Sen. Zawadi. Sen. Kibiru, Are you able to isolate the figures for Malindi?

Mr. Deputy Speaker, Sir, we can do that and present the same to the Senator.

(Sen. (Prof.) Kindiki): On Thursday?

Yes, Mr. Deputy Speaker, Sir.

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

Thank you, Mr. Deputy Speaker, Sir.

On a point of order, Mr. Deputy Speaker, Sir. Sen. Zawadi made a detailed request for a Statement on the Floor of this House, to which a fairly detailed response ought to have been given. My concern, which I beg your guidance on, is that there is the HANSARD and anyone looking at our proceedings five years from today will want to find out what was said. Sen. Kibiru has said what he said, which is not much. He has just said that he has talked with Sen. Zawadi. Between them, they know what the issues are, but the rest of the Members of this House and the people in future ---

(Sen. (Prof.) Kindiki): It is noted, Sen. M. Kajwang'. We have already made extensive discussions. We have explained the context in which we are operating. We will try and balance all those interests. Again, Statements is just one Order in the Order Paper which has so many other Orders, including Bills and Motions which are equally important for this Senate. We do not want to go to that route. In fact, in the National Assembly, they have had to drop statements altogether. They deal with them in Kamukunjis and other places. I would rather we accommodate what we have. However, the concern raised by Sen. M. Kajwang’ is valid. Hon. Chairpersons, the way to go about it is to reduce the statements into a one or two pages summary document which captures the major issues. You do not have to read word for word what the Government functionary has provided in the statement.

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

(Sen. (Prof.) Kindiki): What is out of order, Sen. (Eng.) Maina?

Thank you, Mr. Deputy Speaker, Sir. I have listened to you and I agree with your sentiments. However, telling us to summarize these documentations from the Ministries is asking a lot from us. I would rather suggest that you use your good office to engage Cabinet Secretaries. Tell them that when they give these big documentations to us, they do a summary of it. They are the ones who have the knowledge of what their documentation is about. Otherwise, we do not have the capacity with our secretariats and the clerks you have given us to go through volumes of documents and summarize them. The relevant Ministry should do so.

(Sen. (Prof.) Kindiki): Good suggestion, Sen. (Eng.) Maina. That should be taken up although, at the end of the day, the person with the responsibility of issuing statements in this House is the chairperson. In fact, it is your statement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, this statement is not ready. However, I have talked to the Senator who requested for it. I request for more time because the Ministry said that it had written to the National Environment Management Authority (NEMA) to respond, but they have not done so.

(Sen. (Prof.) Kindiki): How much time are you seeking?

Mr. Deputy Speaker, Sir, one week will be adequate.

(Sen. (Prof.) Kindiki): Sen. Seneta, is that okay with you?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is so ordered. Let us move on to statement (e). The Chairperson of the Committee on lands, Environment and Natural Resources, is the statement ready? COMPENSATION FOR PERSONS AFFECTED BY OIL SPILLAGE AT THANGE RIVER

Mr. Deputy Speaker, Sir, in the last Parliament, this question was being handled by the Committee on Energy. I would request that it goes back to the Committee on Energy. The statement is not ready.

(Sen. (Prof.) Kindiki): There must have been a direction from this Chair that it be referred to that specific committee. That is why it is appearing in the Order Paper. When will the Senate have that statement, Sen. Mwangi?

Mr. Deputy Speaker, Sir, I suggest that we refer it to the Committee on Energy because it is the one that was dealing with it in the last Parliamentary.

(Sen. (Prof.) Kindiki): You mean the same question, same issues and same facts?

Yes, Mr. Deputy Speaker, Sir. It is the same issue of the spillage of oil.

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

Mr. Deputy Speaker, Sir, first, I admit that the question was handled by the Committee on Energy in the last Parliament. However, the Speaker, in his wisdom and the Speaker is forever wise - this question was directed to the Committee on lands, Environment and Natural Resources. It is not the Ministry that has redirected. Before they redirect the question, they should have given us progress; that when the statement was sent to his Committee, it was redirected, or it went to the wrong committee. Otherwise, to suggest that it should be redirected three weeks later is to take us for that ride which we have been avoiding. 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): I agree with you, Sen. Mutula Kilonzo Jnr. Sen. Mwangi, a determination had already been done and that is not the way to undo it. It is not by midway that you decide that another committee should handle that matter. When can the House expect the statement?

Mr. Deputy Speaker, Sir, I respect what you have said and the orders you have given. However, I plead for another one week because the statement is not ready.

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr., is that okay?

.: Mr. Deputy Speaker, Sir, I have little choice in this regard. Now that he has confessed that one week is enough, please, order that this statement be issued without much delay because people are suffering.

(Sen. (Prof.) Kindiki): It is so ordered. Let us move on to statement (f). The Chairperson of the Committee on National Security, Defence and Foreign Relation, is that statement ready? I can see Sen. Farhiya is here. CLAN CLASHES AND TERROR ATTACKS IN WAJIR COUNTY

Mr. Deputy Speaker, Sir, this statement was issued. However, there was additional information requested. It was just issued on Thursday, if I am not wrong. So, it should not be appearing in the Order Paper today because this is the next sitting after the last sitting. In a week’s time, we should have the additional information that was requested. After that I hope it will not appear again in Order Papers because you cannot have it in perpetuity.

(Sen. (Prof.) Kindiki): Have the statement on Thursday, the Chairperson of the Committee on National Security, Defence and Regional Integration.

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is so ordered. Let us on move to statement (g). The Chairperson of the Committee on Roads and Transport is the statement ready? MANAGEMENT OF KPA

Mr. Deputy Speaker, Sir, I have tried to follow up and the statement is not ready. It will be ready on Thursday because we have tried and we have been told it is not signed.

(Sen. (Prof.) Kindiki): Sen. Faki, is Thursday alright?

Yes, Mr. Deputy Speaker, Sir, it is fine with me.

(Sen. (Prof.) Kindiki): It is so ordered. The next statement is by the Standing Committee on Agriculture, Livestock and Fisheries. Proceed, Chairperson, Vice Chairperson, or member. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, please, I missed the point.

(Sen. (Prof.) Kindiki): Order, Sen. Shiyonga! Resume your seat.

Sen. Ndwiga is not here. I can see, Sen. Lelegwe. Sen. Lelegwe, where is the statement? It is either you have it or not. Do you have it? CLIMATE CHANGE AND ITS EFFECTS ON PASTORALISTS AND LIVESTOCK

Mr. Deputy Speaker, Sir, I have the statement ready here. I have already summarized it.

(Sen. (Prof.) Kindiki): Have you shared it with Sen. Seneta?

Yes, Mr. Deputy Speaker, Sir. I have shared the detailed response with Sen. Seneta.

(Sen. (Prof.) Kindiki): Proceed by way of highlights.

Thank you, Mr. Speaker, Sir. The specific concerns raised and the corresponding responses by the Cabinet Secretary are as below:- The Government is fully aware that the climate change is real and the drought which used to recur every three years is now more frequent. The Livestock off-take Programme has not stopped in the Arid and Semi-Arid (ASAL) regions of Kenya. Over the last two years, through the Livestock Off-take Programme implemented by the Kenya Meat Commission (KMC) and the Agriculture Development Corporation (ADC), a total of 28,966 livestock was purchased from the West Pokot, Baringo, Kajiado, Narok, Samburu, Marsabit, Mandera, Garissa, Wajir and Tana River counties. The State Department of Livestock has put in place appropriate policy measures and programmes to permanently address the problem of lack of pasture and fodder for livestock in ASAL areas. Among the initiatives include: Purchase and distribution of ten tonnes of assorted perennial pasture, range seeds like African fortori and the Maasai rough grass in the counties of Tana River, Kisumu, Kajiado, Narok, Garissa, Wajir, Mandera, Marsabit, Isiolo, Laikipia, Samburu, Baringo, West Pokot and Turkana under the Regional Pastoral Livelihood Resilience Project supported by the World Bank(WB). Mr. Deputy Speaker, Sir, over 385 acres of Boma Rhodes grass have been established in Turkana, Baringo, Marsabit, Isiolo, Samburu and West Pokot under the Drought Resilience Programme supported by the African Development Bank (ADB). Nineteen thousand four hundred bales of hay and 750 kilograms of pasture seeds have been harvested from these sites for distribution to the communities. The programme has also built the capacity of the communities in the ASAL areas in the form of training and establishment, harvesting and conservation of these pastures 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 hear from Sen. Seneta.

Thank you, Mr. Deputy Speaker, Sir. As much as I appreciate the efforts made by the Chairperson of the Committee, I am not satisfied with a few responses. One, in terms of capacity building of the pastoralist communities, we cannot be feeding people every time there is drought. Therefore, the best is to empower them to do pasture management and production. I therefore, agree that the capacity building aspect should be done in every single county---

(Sen. (Prof.) Kindiki): Order, Seneta! You are not analysing the Statement. You either---

Mr. Deputy Speaker, Sir, I am pointing out just---

(Sen. (Prof.) Kindiki): You are either in concurrence or seeking further information. Go straight to the point.

Mr. Deputy Speaker, Sir, I am seeking further information on the concept of the Livestock off-take Programme and that the restocking programme should be done in our county.

(Sen. (Prof.) Kindiki): Order, Senator! What do you want the Chairperson to do or to inform the House?

Mr. Deputy Speaker, Sir, I want the Chairperson to seek more clarification on what the Ministry of Agriculture, Livestock and Fisheries is doing ---

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

Mr. Deputy Speaker, Sir, about how they are doing capacity building which they have indicated that they are doing. On the Livestock off-take Programme, we are not aware of how much was allocated to our counties on the hay that they are giving to the counties, we want to know the strategies they are using to distribute hay.

(Sen. (Prof.) Kindiki): Those are three issues, Chairperson, Committee on Agriculture, Livestock and Fisheries; capacity building, livestock off-take programme and the hay distribution, specifically for Kajiado County. Are they covered in your Statement?

Yes, Mr. Deputy Speaker, Sir. The information is there and we have provided a list of counties that this programme is covering and the amount of money that the Government of Kenya, through the World Bank, has put in the programme. This programme which includes hay distribution, the livestock off-take programme and capacity building is being undertaken in these counties: Tana River, Lamu, Kajiado, Narok, Garissa, Wajir, Mandera, Marsabit, Isiolo, Laikipia, Samburu, Baringo---

(Sen. (Prof.) Kindiki): Order, Chairperson! Sen. Seneta wants to know whether the Livestock off-take Programme, capacity building and hay The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, we have it in the detailed Statement that we have provided to the Senator, and Kajiado is among those counties that ---

(Sen. (Prof.) Kindiki): Sen. Seneta, the Chairperson has confirmed the information is in the Statement.

Mr. Deputy Speaker, Sir, I was seeking for more information concerning how they are doing it. For example, if they just say they are doing capacity building or the livestock off-take programme yet, on the ground we are aware that it has not taken place. I want the Ministry of Agriculture, Livestock and Fisheries to come out clearly concerning Kajiado. It might have been done in other counties but not Kajiado.

(Sen. (Prof.) Kindiki): The Chairperson, Committee on Agriculture, Livestock and Fisheries, let us bring this to an end. Isolate the Kajiado- specific information and consult with the Senator and then inform the Chair whether you have reached a consensus. That is the direction. Next Statement.

(Sen. (Prof.) Kindiki): Order, Chairperson! You are supposed to say, “Most obliged” so that we close the matter.

I am most obliged, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): The next Statement is from the Chairperson, Committee on National Security, Defence and Foreign Relations. Let us have the Vice-Chairperson, Sen. Sakaja. KDF OPERATIONS IN LAMU COUNTY

Mr. Deputy Speaker, Sir, we have discussed with the good Senator for Lamu County and agreed that the Statement can come later on Thursday and he will confirm that.

Mr. Deputy Speaker, Sir, Thursday is in order.

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

The next Statement will be issued by the Senate Committee on Health. Let u shave the Chairperson Senate Committee on Health Sen. (Dr.) Mbito, is it ready? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, the Statement is ready.

(Sen. (Prof.) Kindiki): Have you shared it with Sen. Mpaayei?

Mr. Deputy Speaker, Sir, I have not traced him.

(Sen. (Prof.) Kindiki): So we go by what we discussed at the beginning. Have you made efforts to reach him?

Mr. Deputy Speaker, Sir, I do not think he is in the country.

(Sen. (Prof.) Kindiki): Would you want to proceed or we defer?

Mr. Deputy Speaker, Sir, let us defer it to the next sitting.

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

On a point of Order!

(Sen. (Prof.) Kindiki): We still have a long way to go. What is out of order Sen. Sakaja?

Mr. Deputy Speaker, Sir, I seek your guidance on your earlier ruling or position. In as much as it is quite prudent for Chairs to seek out those who have asked questions, when other Senators might prove to be elusive, can we serve them by depositing responses in their pigeon holes? As Chairs, we take time to look for responses from Cabinet Secretaries. We cannot start looking for other Senators yet there is an address where every Senator can get this information.

Sen. (Prof.) Kindiki

Mr. Deputy Speaker, Sir, the Vice Chairperson of the Committee is around.

Who is?

Sen. (Eng.) Hargura.

Where is the Senator? Where is the Vice Chairperson or any Member of the Committee? We cannot wait for Senators that we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, no, I am not a Member of that Committee.

Order, Oder Senator! Who is a Member of that Committee? Yes, Sen. Kasanga. Is the Statement ready?

Mr. Deputy Speaker, Sir, I will have to check. I do not know.

The Committee on Roads and Transport, we want to make progress. Where is the Statement requested by Sen. Loitiptip? They have no idea; the Committee is completely lost. Who are the other Members of that Committee? I have the list here for your information. So, Sen. (Eng.) Hargura, Sen. Mpaayei, Sen. Lelegwe, where is the Statement?

Mr. Deputy Speaker, Sir, I request that you proceed to other Statements.

Where is the Statement?

The Statement is with the Vice Chairperson.

He has it?

Yes, Sir.

Has it been shared with Sen. Loitiptip?

No! It has not been shared.

So, I defer it to tomorrow, they will share it with the Senator, summarise it and issue it tomorrow.

The next Statement is by the Chairperson, Committee on Devolution and Intergovernmental Relations. Where is the Chairperson, Vice Chairperson or any Member of Committee? Yes, Sen. Cherargei. DELAY IN HANDING OVER OF THE LAKE BASIN MALL TO LBDA

Mr. Deputy Speaker, Sir, the Statement is ready but I have discussed with Sen. Outa that we issue it tomorrow.

Sen. Outa, is that the case?

Mr. Deputy Speaker, Sir, we have agreed that tomorrow they should have an answer.

It is so, ordered.

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 Senators! I have some Communication to make. The first one is on visiting staff from Narok County Assembly. Hon. Senators, I wish to recognise the presence of visiting staff from the Sergeant-at-arms Department from Narok County Assembly. They are seated in the Speaker’s Gallery. I request each member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition. They are; Nickson Kipng’etich Mutai and Sororua Sengenyi.

On behalf of the Senate and on my own behalf, I welcome them to the Senate and do wish them well in the remainder of their stay. Thank you. VISITING DELEGATION OF COMMITTEE ON IMPLEMENTATION FROM MAKUENI COUNTY ASSEMBLY Hon. Senators, I also have a Communication on the visiting delegation of the Committee on implementation from Makueni County Assembly. I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation of the Members of the Implementation Committee of Makueni County Assembly. I request each member of the delegation to stand when called out so that you maybe acknowledged in the Senate tradition. They are as follows: (1) Hon. Jadis Mwema Kalunda (MCA) - Chairperson (2) Hon. (Eng.) Joseph Mwema, MCA (3) Hon. Isaac Mwema Munyao, MCA (4) Hon. Mariam Ngena Musyoka, MCA (5) Hon. Abbanas Kyalo Wambua, MCA (6) Hon. Diana Musenya Mwendo, MCA (7) Hon. Janet Mwikali Kitung’a, MCA (8) Hon. Nicodemus Mutua Muthoka, MCA (9) Hon. Harrison Mwanzia Mutie, MCA (10) Hon. Joseph Kivinda Kihindu, MCA (11) Hon. Magdalene Nduku Mulwa, MCA 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, I wish them a fruitful visit. 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.

Mr. Deputy Speaker, Sir, the Statement is ready with me, except for question No.1. I have talked to Sen. (Eng.) Maina and we have agreed that I can give Statement No.1 to him on another day.

Order, Chairperson. I thought that Statement was requested by Sen. Mwaruma?

Sen. Mwaruma’s Statement is not ready. Give us another one week.

Sen. Mwaruma, you have heard the Chairman, what do you have to say?

One more week is okay.

It is so ordered.

The next Statement is by the Chairperson of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration; Sen. Naomi Waqo with a “Q.” Is the Statement ready? DEROGATORY SONG AGAINST THE KAMBA COMMUNITY

Thank you, Mr. Deputy Speaker, Sir. This matter was last deferred to be issued today. I still want to confirm that the Commission is working with the Directorate of Criminal Investigation. The matter is in court and it will be coming up for mentioning on 11th April, 2018, before a magistrate at the Milimani Law Courts. I want to draw your attention to Standing Order ---

(Sen. (Prof.) Kindiki): Order, Senator! Are you issuing the Statement?

I am reading the response from the Ministry of National Cohesion---

(Sen. (Prof.) Kindiki): Order! Are you issuing the Statement?

No---

Yes!

Yes, Mr. Deputy Speaker, Sir.

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(Sen. (Prof.) Kindiki): The reason I want to know that is because I would want you to consider that the Senator who requested for that Statement, Sen. Enoch Wambua, is in Geneva on official duty. He requested if you could indulge him so that you respond at a later date when he is in the House.

I am Most obliged, Mr. Deputy Speaker, Sir.

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

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

(Sen. (Prof.) Kindiki): What is out of order, Sen. Mutula Kilonzo Jnr.?

Mr. Deputy Speaker, Sir, I need your attention. The good Senator – and I borrowed that word from Sen. Sakaja – was about to mention Standing Order---

(Sen. (Prof.) Kindiki): Order, Senator for Makueni County! Some of these adjectives like, ‘good’ Senator and the ‘super’ Senator are derailing us. You know the rules of the House; you refer to your colleagues as Senator so and so, or the distinguished Senator so and so of this county, et cetera. However, when you introduce other descriptive qualifiers, are you telling us that some Senators are not good? What are you trying to imply by saying things like the ‘super’ Senator, the ‘good' Senator or the ‘courageous’ Senator?

You are out of order Sen. Mutula Kilonzo Jnr! However, proceed with your point of order.

Mr. Deputy Speaker, Sir, at some point there was a ‘king’ in this House. Nevertheless, my point was that the Senator was about to refer to Standing Order No. 92. Although Sen. Wambua is away, maybe there is an issue that ought to be addressed before he comes back. The issue is that, it is the direction of the Speaker that, upon being satisfied that this is a matter before a court of law, it then becomes sub judice.

(Sen. (Prof.) Kindiki): Fair enough; we will revisit that matter later. Chairperson, is the matter is before court?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Have the Government functionaries provided you with evidence in terms of the case number, the parties involved and before which court?

Yes, Mr. Deputy Speaker, Sir. The case is before the Milimani Law Court.

(Sen. (Prof.) Kindiki): Yes, proceed. What is the court case number?

They have just given the individuals names.

(Sen. (Prof.) Kindiki): Now, since Sen. Wambua is away, I would want you to transact that in his absence, because we have to ascertain if the matter The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

(Sen. (Prof.) Kindiki): What is out of order, Sen. Sakaja?

Mr. Deputy Speaker, Sir, I have two issues and the first one is on the descriptions. Some of these descriptions can be very accurate like ‘super’ and ‘good.’ Anyway, on to---

(Sen. (Prof.) Kindiki): Order, Senator! What is out of order? Are you trying to say that the Chairperson was out of order?

No, Mr. Deputy Speaker, Sir. I was just trying to persuade you about these prefixes that are not too much of a superlative nature. However, on this particular statement, I want to correct the Chairperson. Is she in order to try and bring up the matter of sub judice, yet the answer to the question is what she has already said; that the matter is in court? That, in itself, is the answer to the question of what is going to be done to the musicians who did the derogatory song against the Kamba community. In her response, by saying this matter has been investigated and the two young musicians are in court itself suffices to be the answer. What other answer is she looking for after the court case? The reason I am saying this is because we do not want to keep repeating the same statements on and on, because there are other important statements being asked. If the matter is before court, it is a matter of sub judice. However, that action itself of the police arresting the musicians, charging them and taking them before a court of law is the answer in itself.

(Sen. (Prof.) Kindiki): That does not change what I have directed.

But thank you, Sen. Sakaja. Can we move on to the next Statement by the Chairperson of the Standing Committee on lands, Environment and Natural Resources? Sen. Githiomi, is this the statement you were referring to as having discussed with the Senator for Kirinyaga County? DESTRUCTION OF FORESTS IN KENYA

Yes, Mr. Deputy Speaker, Sir, I have the statement but one of the questions – question one – is not complete. I spoke to Sen. (Eng.) Maina, who requested for this Statement, and we agreed that I can give the statement on question one at a later date. However---

(Sen. (Prof.) Kindiki): Order, Senator! When are we having the response on the final leg of that question so that you can have one comprehensive Statement? What you are doing with that bilateral agreement is to try and give two responses out of one Statement request, yet parliamentary time that we have is so limited. When can we have the last bit? 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. Deputy Speaker, Sir. We can have it tomorrow.

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

Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): The next Statement as requested by Sen. Boy Issa Juma and it is to be issued by the Chairperson of the Standing Committee on lands, Environment and Natural Resources. Is the statement ready? TITANIUM MINING IN KWALE COUNTY BY VARIOUS MINING COMPANIES

Mr. Deputy Speaker, Sir, this Statement is not ready. Give me two weeks to issue it because it is loaded.

(Sen. (Prof.) Kindiki): Sen. Boy, the Chairperson requests for two weeks indulgence.

Thank you, Mr. Deputy Speaker, Sir. I do not mind that. However, I would really appreciate if it was issued next week because it is an urgent matter.

(Sen. (Prof.) Kindiki): Is one week enough, Sen. Githiomi?

It is okay, Mr. Deputy Speaker, Sir. I can do it within one week.

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

The next Statement is to be issued by the Chairperson of the Standing Committee on Education. Sen. (Dr.) Langat, I saw you here earlier on; do you have the response to the Statement requested by Sen. Milgo REGISTRATION AND PROVISION OF FACILITIES IN PRIMARY AND SECONDARY SCHOOLS

Yes, Mr. Deputy Speaker, Sir. We were given a response that answered it half way and both of us were not satisfied with it. So I rejected it---

(Sen. (Prof.) Kindiki): When was that?

It was yesterday. We studied it and it was not satisfactory---

(Sen. (Prof.) Kindiki): So, when have you agreed to issue it?

I have given them one week so that I can respond to it effectively. The response answered it half way.

(Sen. (Prof.) Kindiki): Is that the position, Sen. (Dr.) Milgo?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is so ordered. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, what we communicated last time was that this question is supposed to be answered by the Standing Committee on National Security, Defence and Foreign Relations.

(Sen. (Prof.) Kindiki): Who said that?

That is what I was advised by the Secretariat.

(Sen. (Prof.) Kindiki): Do you have the Order Paper with you?

Yes I have it.

(Sen. (Prof.) Kindiki): It is reflecting that you are supposed to issue this statement now.

Mr. Deputy Speaker, Sir, I seek your indulgence and ask that we be given up to Thursday to issue the Statement.

(Sen. (Prof.) Kindiki): Is Thursday okay, Sen. Mary Seneta?

I agree, Mr. Deputy Speaker, Sir.

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

Next is Statement (t) to be issued by the Chairperson, Committee on lands, Environment and Natural Resources DIVISION OF REVENUE OBTAINED FROM MINING IN TAITA-TAVETA COUNTY

Mr. Deputy Speaker, Sir, this statement is also not ready. Give me about a week.

Mr. Deputy Speaker, Sir, this was a question about sharing of revenue between the miners, national and county governments and the owners of the land. If three weeks down the line there is no response, I do not know how the response will come in a week’s time. I do not know what is happening with the statement.

(Sen. (Prof.) Kindiki): I direct that the Chairman issues the statement on Thursday.

Obliged. 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, Mr. Deputy Speaker, Sir.

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

Next! SEVERE DROUGHT IN ISIOLO COUNTY

(Sen. (Prof.) Kindiki): This statement was directed to the Committee on Devolution and Intergovernmental Relations. I can see the Chairperson is not around. Is the Vice Chairperson or any Member of the Committee around?

Mr. Deputy Speaker, Sir, I want to hold brief for the Chair. Unfortunately the statement is not ready.

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

We are still waiting for the response. Just give us a week and we will deliver a solid reply.

(Sen. (Prof.) Kindiki): What do you mean by “solid”?

Are there liquid replies? Why are you qualifying some of these things which are standard? It is either a statement or not. You cannot say you will deliver a solid statement.

Mr. Deputy Speaker, Sir, it is surprising that both the Chair and the Vice Chair of the Committee on Devolution and Intergovernmental Relations are not in the House but I recall that last week they requested that they issue it today. The statement should be issued tomorrow or Thursday because if we do not do that, then it will be overtaken by events.

(Sen. (Prof.) Kindiki): I direct the Chair to issue the statement on Thursday and that is so ordered.

Let us go to Statement (v). SHOOTING OF RESIDENTS IN LUANDA MARKET, VIHIGA COUNTY

(Sen. (Prof.) Kindiki): Sen. Sakaja, do you have the statement on police action in Luanda Market by Senator George Khaniri?

Yes Mr. Deputy Speaker, Sir, I am super ready.

(Sen. (Prof.) Kindiki): Did you say you are super ready?

I said I am ready as always.

(Sen. (Prof.) Kindiki): How shall the Chair in future differentiate between when you are ready and when you are super ready? 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 used the prefix “super” because I have stayed with this statement for close to a month in my folder and I want to let go of it.

(Sen. (Prof.) Kindiki): Unfortunately Sen. Khaniri is on official duty in Brazil. I ask you to consider indulging the Senator.

I will do so.

(Sen. (Prof.) Kindiki): Thank you.

Next is Statement (w). INVASION BY ILLEGAL SETTLERS/ILLEGAL SUB-DIVISION OF KALRO LAND

(Sen. (Prof.) Kindiki): Let us have the Chairperson of the Committee on lands, Environment and Natural Resources. Sen. Mwangi, this statement was requested by the Senator for Taita-Taveta County. Do you have the response?

Mr. Deputy Speaker, Sir, again this statement is not ready.

(Sen. (Prof.) Kindiki): When will it be ready? Senator, do not make this like a ritual where you wake up and say it is not ready and then you proceed to ask for one week because that is not interesting in the eyes of the public. This is a House that represents the interest of millions of the people of this country. So, could we have it tomorrow?

Mr. Deputy Speaker, Sir, it cannot be ready tomorrow. The problem is with Ministries and you and all Senators here know that. Today I have been to three Ministries looking for responses but I only got one from the Ministry of Environment and Forestry. So, if I commit myself to bringing the statement tomorrow, I will not be telling the truth yet I am a godly person.

(Sen. (Prof.) Kindiki): That is another qualification; the godly Senator for Nyandarua.

Senator Mwangi Githiomi, how much more time are you asking for?

Mr. Deputy Speaker, Sir, another one more week but I think we will be on recess. So, I will have adequate time.

(Sen. (Prof.) Kindiki): Order Senator! Is that why you are asking for one week?

No, but in less than a week’s time.

(Sen. (Prof.) Kindiki): Order Senator! For your information, the Senate can meet at any time even during recess on a special sitting. If you had alluded to the fact that you are going on recess and that is the end of the matter, if the statement is so critical and urgent, the Senate can be recalled.

Mr. Deputy Speaker, Sir, I will be ready after one week. We are in the same committee with the Senator.

(Sen. (Prof.) Kindiki): Sen. Mwaruma, do you want to indulge you Chairman? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, it is very disheartening that most of my statements are not available but I am reliably informed that there are some activities going on around Statement (w). It requires that people go to the ground and do some research and so on. So, I request that the Chairman does a letter demanding stoppage of further subdivision of the land.

(Sen. (Prof.) Kindiki): Senator, let me assist you a bit. If that is happening on the ground, the letter by the Chairman will not do much. I would rather the Chairperson issues that statement by Thursday this week. That is a more concrete way of addressing it, so that when the statement is issued on Thursday then the issues can be canvassed and concrete measures directed by this House accordingly.

Most obliged, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well.

I think we can finish in the next few minutes. Let us go on. CONSTRUCTION OF APARTMENT BLOCK ON THE NAIROBI RIVER BANK ALONG RIVERSIDE

(Sen. (Prof.) Kindiki): Let us have the Chairperson of the Committee on lands, Environment and Natural Resources

Order Senators for Kirinyaga, Nyandarua and Murang’a! This is not the time to do regional caucusing of Senators!

You can do that over the weekend. If you want to do a regional economic bloc or an annual cultural festival, do not come to the Chamber to do regional caucusing. Chairperson of the Committee on lands, Environment and Natural Resources, considering that Sen. Haji is not here, I direct that we defer the statement whether it is ready or not and also looking at the time.

I was ready, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): On this one only! Unfortunately I defer it to tomorrow.

Most obliged.

Let us move on. 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): Let us have this statement responded to by the Chairperson of the Committee on National Security, Defence and Foreign Relations as requested by Sen. Pareno.

Mr. Deputy Speaker, Sir, this one is not ready because the matter is still alive. As you are aware, the President of the Republic of Kenya interacted with the President of the Republic of Tanzania. I have discussed with Sen. Pareno and we will try to give a report on Thursday because they should have all the information by now.

(Sen. (Prof.) Kindiki): Sen. Pareno, is Thursday okay?

Mr. Deputy Speaker, Sir, we discussed but I am disappointed that this has taken almost a whole month to get the report. We had agreed that it is a matter that needs an urgent response and he has promised to give a report by Thursday.

(Sen. (Prof.) Kindiki): From where I sit, the Committee on National Security, Defence and Foreign Relations is doing a fairly good job compared to other committees which I do not want to name. However, colleagues, we need to take the work of this House seriously because these matters are not just academic issues and are not in the abstract but deal with the lives of the people of this country who are being affected by some action. Some are losing property and so it is that grave. On that note, I direct Sen. Sakaja to issue the statement on Thursday.

The next Statement is, again, by the Chairperson of the Committee on National Security and Foreign Relations. It was requested by Sen. Kwamboka. STATUS OF WOMEN AND GIRLS HELD IN PRISONS AND REMAND FACILITIES IN KENYA

Mr. Deputy Speaker, Sir, I have the response and the Senator is in the House.

(Sen. (Prof.) Kindiki): Have you shared it with her?

Mr. Speaker, Sir, apart from the response, we have held discussions with her, the Department of Kenya Prisons and the Ministry of Interior and Coordination of National Government.

(Sen. (Prof.) Kindiki): That is very commendable. Would you like to highlight it?

Thank you. Can we resume the prefix ‘super?’

(Sen. (Prof.) Kindiki): Order, Senator! Do you want to annul the commendation by the Chair by going back to the controversial aspects of the debate?

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Mr. Speaker, Sir, I withdraw. Let me give quick highlights of the response because the Senator is involved.

(Sen. (Prof.) Kindiki): Please, proceed.

Mr. Speaker, Sir, it was a Statement on the status of women held in prisons and remand facilities in Kenya. She asked for the statistics of women and children, which were given per the former provinces, based on how our prisons are currently structured. In total, we have 2,984 women and 274 children accompanying the mothers. She asked for the capacity of the facilities vis-à-vis the women. Those numbers have been given and so, we know where the shortfalls are in the different provinces. The total prison capacity is 3,124 and we have 2,984 currently in prisons. The third question was on the number of trained personnel manning the facilities and whether they are sufficient to guarantee the safety and security of the detainees. The response clearly shows a total of 3,448. Out of these, there is a good number of female officers who are dealing with that matter. The curriculum is listed in there and all initiatives to deal with specialized manpower, because women in prisons must be looked at in a special manner. Mr. Deputy Speaker, Sir, the fourth question was about whether they enjoy their rights and fundamental freedoms in line with Article 51 of the Constitution. The response highlights the reforms that have been made in our prisons over time, including all female prisons being headed by female officers, visitors of male officers being restricted to certain times, medical services and allowing family members to visit. There are a total of 11 initiatives that are listed and are currently going on. This report will be available to all Senators to see. There is also the special provision for children who are accompanying their mothers. This includes early childhood education, freedom to stay with their mothers up to the age of 4 years, daycare centres, medical care for children, pediatric attention and other such initiatives. In addition, there is registration of newborn children by the Registrar of Persons, so that they can also get their birth certificates while in the prisons. Mr. Deputy Speaker, Sir, the fifth and final question, was on the measures that have been put in place to ensure safety and security of women and children in correctional facilities. The first one was the establishment of new prisons and a borstal institution for girls. They go on to elucidate that up until six initiatives. There is the issue of Closed-circuit Television (CCTV) cameras, which is very important currently in most of the prisons, especially the female prisons. They have acquired modern working equipment, which includes metal detectors, permanent walls, vehicles that are designed to ensure security and a unique key system. Finally, there is the issue of upgrade of prisons to maximum security status. Some of the prisons have grown in population; prisons with serious offenders have been upgraded. Therefore, effective management requires exposure and adoption of relevant rehabilitation programs. Mr. Deputy Speaker, Sir, the intention, focus and philosophy of our prison facilities is not to have more prisons, but to have less prisons and rehabilitate the women and men who are in our prisons as it is. I will table the response. 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.

(Sen. (Prof.) Kindiki): Well done. Sen. Kwamboka.

Mr. Deputy Speaker, Sir, the issues have been well elaborated by the Chairman and it was spiced up at the Committee retreat. That is why I addressed him as my ‘super Senator.’

(Sen. (Prof.) Kindiki): Order, Senator. Senator, the risk you run is grave when you start going on that trajectory. Stay on the straight and narrow and you will be safe. The next Statement is to be issued by the Chairperson, Agriculture, Livestock and Fisheries. Where is the Chairman? Vice Chair of the Committee on Agriculture, Livestock and Fisheries, do you have the Statement? IMPLEMENTATION STATUS OF THE FISHERIES DEVELOPMENT AND MANAGEMENT ACT

Mr. Deputy Speaker, Sir, the Statement is not ready. I request that we table it on Thursday.

(Sen. (Prof.) Kindiki): Since Sen. M. Kajwang’ is not here, it is directed accordingly.

The next Statement is by the Chairperson of the Committee on lands, Environment and Natural Resources. The request was by Sen. Mutula Kilonzo Jnr. concerning the Construction of Mulima Dam in Mbooni Constituency. Is the Statement ready? DELAYED COMPENSATION FOR PERSONS DISPLACED BY THE CONSTRUCTION OF MULIMA DAM

Mr. Deputy Speaker, Sir, I was in the Ministry of Lands, Housing and Urban Development this morning and was told that the dam was constructed way back in 1980’s.

(Sen. (Prof.) Kindiki): Are you issuing the Statement?

Mr. Deputy Speaker, Sir, I am trying to prepare---

(Sen. (Prof.) Kindiki): Do you have the Statement?

Mr. Deputy Speaker, Sir, I do not have the Statement with me here.

(Sen. (Prof.) Kindiki): When can you have the Statement ready?

Mr. Deputy Speaker, Sir, I talked to them and they told me to give them time. However, they did not tell me exactly when they will give me the response. So, let me commit myself to two weeks.

(Sen. (Prof.) Kindiki): Order, Senator. I understand the challenges the Chairpersons go through to discharge their duties to this House. However, 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, it is worse than casual because the Chairman spoke to me and never disclosed that. I am happy that before this he had mentioned that he is a godly Senator. In fact, he mentioned to me that they are unable to trace records. What you have mentioned is true; that this is a serious matter. People were displaced in the 1980’s for the construction of a national dam, and yet, somebody appears to not to know where it is. What is worse is that the Cabinet Secretary had made an undertaking to the Senate to answer that question. Is this good time to suggest, particularly to the Chair, that the Cabinet Secretary in charge of the matters falling under his docket should be summoned for a meeting at the Senate? This will enable all of us to ask him these questions because he is playing around with the lives of Kenyans.

(Sen. (Prof.) Kindiki): Which Ministry is that?

Mr. Speaker, Sir, Ministry of Lands, Housing and Urban Development.

(Sen. (Prof.) Kindiki): The Cabinet Secretary for Lands, Housing and Urban Development?

Mr. Speaker, Sir, yes.

(Sen. (Prof.) Kindiki): I have seen that the Chairperson of the Committee on lands, Environment and Natural Resources has nearly ten pending Statements. Are they all from the same docket?

No, they are from different Ministries.

(Sen. (Prof.) Kindiki): Very well. So, this is a unique case for lands and is isolated.

(Sen. (Prof.) Kindiki): Very well. Is this is a unique case for the Ministry of lands and is it isolated?

Yes, Mr. Deputy Speaker, Sir. It is isolated in the sense that the Cabinet Secretary (CS) had committed himself in writing that he be given two weeks to respond. I was there today in the morning, but there was no response.

(Sen. (Prof.) Kindiki): There is a new CS so you can take that as a consideration. I direct that you go back to your sources and issue that statement on Thursday.

Mr. Deputy Speaker, Sir, I will endeavour to do so.

(Sen. (Prof.) Kindiki): It is the order of this Chair that you do so, on Thursday.

Most obliged, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): It is not a request to endeavour; it is the order of the Chair that you issue it on Thursday. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Most obliged, Mr. Deputy Speaker, Sir.

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

(Sen. (Prof.) Kindiki): I hope that it is not in connection with this, the Senate Majority Leader. Can it come a little later because we are looking at the clock and we are not doing very well. Could we have the next statement? We will give you a minute, the Senate Majority Leader, to say something if it is concerning the entirety of statements. Could we have the third last statement? Where is the Chairperson of the Committee on Roads and Transportation? The statement was requested by Sen. Shiyonga. RAMPANT ROAD ACCIDENTS ON THE NAKURU-ELDORET HIGHWAY

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Do you have the statement?

Mr. Deputy Speaker Sir, it was issued earlier and found not to be satisfactory thus we returned it back to the relevant department. I followed it up and they told me that they expect the detailed statement from the National Transport and Safety Authority (NTSA). I commit to give a reply on Thursday.

(Sen. (Prof.) Kindiki): Sen. Shiyonga, the statement is to be given on Thursday, next week.

Mr. Deputy Speaker, Sir, Thursday is okay although this it has been on the Order Paper since January. Last week, they said that they will issue it, including the response to questions that the other Senators had asked.

(Sen. (Prof.) Kindiki): Issue it on Thursday without fail.

Most obliged, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well. Could we move on to the second last statement? Let us hear from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations. The statement was requested by Sen. (Dr.) Musuruve. Is it ready and have you shared it? ALLEGED MURDER OF MS. MARY NATEMBEA BY HER HUSBAND

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Can we proceed in the normal way and, please, do not say ‘the super way’.

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

(Sen. (Prof.) Kindiki): No, I did not.

Thank you, Mr. Deputy Speaker, Sir. The statement sought by Sen. (Dr.) Musuruve was about the circumstances surrounding the death of Mary Natembea. The response tells us of when the murder was reported. It was reported by Albert Otude. He said that he visited a shop rented by Mr. Stanley and his wife Mary Natembea and found the shop locked from inside on 5th February, 2018. On checking, a strong smell was coming from the shop prompting him to report the matter to the police. The scene was visited and it was established that the body of the late Mary Natembea aged 24 years from Lugari, Lumakanda, was hanging from the roof inside the shop. The body was moved to the Webuye Mortuary after which a search was done. Apart from the personal effects, there was a suicide note that explained the reasons as to why she took her life. The note was addressed to the deceased parents stating that she decided to take her life because her husband was forcing her to abort a six months pregnancy and that he had taken everything in the rented shop, including her Kshs 30,000. Investigations were launched and the husband was suspected because of injuries noted on the body. However, a postmortem report that has been done by the Government Pathologist indicates that the deceased died due to asphyxia, as a result of hanging. An Inquest File was opened. The injuries might have been occasioned by a physical fight with the husband who is at large, but efforts are being made to trace him in order to shed more light on what transpired. Copies of the postmortem report are attached. Finally, the Government is sensitizing the public through barazas on the need of solving domestic problems amicably. Perpetuators of Gender Based Violence (GBV) will be arrested and prosecuted promptly when such cases are reported to the police. Children of victims of GBV will be assisted through the Government Safety Net programme and those in need of care and protection will be taken to children’s homes in liaison with the Children Department. In addition to this, the Committee went a step further and engaged the National Police Service (NPS) together with the Kenya Prisons to ensure that the victims of GBV who go to report, especially children, are able to get safe houses within our cells. Those cells are to be designed specifically for the children and they are to get an officer who does not deter victims of GBV from reporting these crimes because of the stigma attached.

(Sen. (Prof.) Kindiki): Very well. Could we hear from Sen. (Dr.) Musuruve?

Thank you, Mr. Deputy Speaker, Sir, for the opportunity. I have just interacted with the report.

(Sen. (Prof.) Kindiki): It is not a report, it is a statement.

Thank you for that, Mr. Deputy Speaker, Sir. I have just interacted with the statement right now and I am not satisfied with it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): What do you want the Chairperson to tell the House?

Mr. Deputy Speaker, Sir, I want the Chairperson to clearly state whether it was suicide or was Mary Natembea killed by her husband and what the Government is doing about it. Part two of the question is not comprehensively answered and part three of the question---

(Sen. (Prof.) Kindiki): What is missing in part two?

Mr. Deputy Speaker, Sir, in part two, the Chairperson needed to come out clearly and say the measures that the Government is putting in place to deal with GBV. The measures have not come out clearly. In the third part, it has not come out clearly on what measures the Government has put in place to ensure that children who are faced with GBV are counseled or what interventions are being made. I do not know how to put it clearly, but I am not satisfied with the response.

(Sen. (Prof.) Kindiki): We have heard you. Sen. Sakaja, on the first issue, it is my opinion that you have only told the House that investigations are ongoing; that the postmortem report has already indicated the cause of death and the suspect is being looked for. On that one, we should not ask the Chairperson to do impossible things because he cannot arrest the suspect. However, regarding the second and the third issues raised by Sen. (Dr.) Musuruve on measures to address GBV and to protect the victims, I do not know if the Chairperson will look at that in detail or do you think that your response is satisfactory?

Mr. Deputy Speaker, Sir, in terms of the specific questions asked and the response from the Government, the response is holistic in terms of what the Government is doing. The onus is on us, as a Committee, to interact with these departments so as to make sure that they do more though they have told us what they are doing, which is what was sought after. We think that more can be done, especially for victims of GBV and how to prevent GBV. That will be in the interaction of the Committee with these departments.

Is Sen. (Dr.) Musuruve a Member of that Committee?

No, Mr. Deputy Speaker, Sir. She is not a Member of this Committee, but she is a Member of a relevant Committee where I am also the Chairperson. That is the Committee on Labour and Social Welfare where we are addressing the issues of women and children who are victims of GBV. We will still handle the same matter in that Committee.

(Sen. (Prof.) Kindiki): The issues she is raising are general. What measures are being taken? I would rather you engage Sen. (Dr.) Musuruve at the Committee and you could, probably, invite her to have a discussion on what the Committee can do to help address this issue at a national level. I think that we should leave it there for now.

(Sen. (Prof.) Kindiki)]

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): What is it, Sen. Mutula Kilonzo Jnr.?

Mr. Deputy Speaker, Sir, on the first question, the Senator is asking a very serious question, and I thought I should help. The help that Sen. Sakaja, the Super Senator, can give with his super way of doing things is, if you want to find out whether the asphyxia was either caused by manual strangulation or by another human being, the post-mortem report would help. The Committee will not answer that question. It is far much better to get the post-mortem report which will help you to determine that issue.

Mr. Deputy Speaker, Sir, I agree with Sen. Mutula Kilonzo Jnr. We have attached the post-mortem report on the Statement which says it was asphyxia as a result of hanging. However, the police have gone beyond that and opened an inquest. They are trying to seek out the husband of the deceased on top of what have come out from the post-mortem. They want to see if, maybe, he might exhibit certain suspect behavior. This is because you can die of hanging, but you were hanged.

(Sen. (Prof.) Kindiki): Very well, Senators. We leave it there as directed. We move to the final Statement which is to be issued by the Standing Committee on lands, Environment and Natural Resources which was requested by Sen. Seneta. Chairperson, is it ready or do you want one week? Order, Senator! Do you have the Statement ready? PROVISION OF WATER SERVICES TO KITENGELA TOWNSHIP AND ITS ENVIRONS

Yes, Mr. Deputy Speaker, Sir. I have the Statement. It is because you had told me that I would not be issuing the Statement today. So, I am tracing it from my file.

(Sen. (Prof.) Kindiki): It was not this one, Senator. In fact, it is another one. Is it ready?

Yes, it is ready.

(Sen. (Prof.) Kindiki): Have you shared it with Sen. Seneta?

Mr. Deputy Speaker, Sir, it is true that Kitengela Town and its environs are experiencing severe water shortage--- 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, Senator! Have you had an opportunity to share it with Sen. Seneta?

Yes, Mr. Deputy Speaker, Sir. I had given her a copy of the Statement.

(Sen. (Prof.) Kindiki): Order, Senator! Sen. Seneta, have you looked at it?

Mr. Deputy Speaker, Sir, I have a copy and have looked at it.

(Sen. (Prof.) Kindiki): Chairperson, if that is the case, kindly, highlight to the House the key issues and then we close that matter.

Thank you, Mr. Deputy Speaker, Sir. It is true that Kitengela Town and its environs are experiencing severe water shortage. Part of the reason why this is so, is reduced water flow due to prolonged drought affecting the volume of available water from Nairobi Water and Sewerage Company, which supplies Mlolongo, Athi River, Export Processing Zones (EPZ) Company, including Kitengela Town. The other reason is lack of an effective institutional setup for provision of water to Kitengela Town and surrounding areas. The Ministry has taken the following immediate actions to address the water shortage:- (i) They have written to the Governor of Nairobi City County requesting to extend water from Nairobi directly to Mavoko and Kitengela towns. (ii) They have initiated the formation of a Water Service Provider by supporting the County Government of Kajiado with the necessary guidelines. I am aware that plans to amalgamate water services provision under Olkejuado Water and Sewarage Company are at an advanced stage. Kitengela Town was served water from EPZ Company Limited. However, as I have stated above, the County Government of Kajiado with support from the Ministry has initiated the formation of a Water Service Provider for Kitengela Town and its environs. Due to the challenges of locating water sources for supplying the area, including Kitengela Town, an arrangement was reached by stakeholders in the area requesting EPZ Company to extend surplus water to the town. However, due to the reduced water supply to the company, this arrangement has become untenable. As a result of ensuing conflicts between and among various interested parties in the area and the EPZ Company, a solution is being sought through establishment of a Water Supply Provider (WSP) dedicated to serving the Kitengela Town only. The EPZ Company has sufficient storage of water via two storage tanks at Mlolongo and Nonkopir with a capacity of 8,000 cubic metres and 2,500 cubic metres, respectively. Currently, it does not have any surplus water to extend to other consumers. Mr. Deputy Speaker, Sir, the Government, through the Ministry of Water and Sanitation, is addressing lack of water in Kitengela and its environs as follows:- (i) With the concurrence of the County Government of Nairobi, they have commenced immediate separation of a dedicated pipeline to Kitengela while maintaining the pipelines to Mavoko and EPZ Company. (ii) It involves the implementation of a short term intervention where the Ministry will, during the fiscal year, drill two boreholes at Kitengela Town near the existing one to increase available water to the town. It is expected that the boreholes will be operational by July 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.

(Sen. (Prof.) Kindiki): Summarise, Senator.

Okay, Mr. Deputy Speaker, Sir. They will do that to impound 225 million cubic metres of water of which 173, 000 cubic metres of water per day will be available for supplying Kitengela Town. With 173, 000 cubic metres of water per day, that water will be adequate for the people of Kitengela. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Yes, Sen. Seneta.

Mr. Deputy Speaker, Sir, I am not satisfied with the response from the Chairperson. I would wish to have heard the institutions responsible for this task that they are saying they will put in place. Who is supposed to follow up? That has not been mentioned. I have also not heard the deadline of the connection and separation of dedicated pipeline to Kitengela. When is it going to be in place, having in mind that this was a presidential directive in 2014 and it has not been done up to date? So, I expected them to give us a deadline. The Ministry, through the Chairperson of the Committee, has not even indicated the measures they have put in place to prevent Export Processing Zones Authority (EPZA) from exploiting the people of Kitengela by selling them water exorbitantly. So, I am not satisfied with the response. I am going to seek for more clarification.

(Sen. (Prof.) Kindiki): Very well. Chairperson, look for that further information. Can we have it on Thursday?

Mr. Deputy Speaker, Sir, I was saying that there is a dam in Kiambu, the Ndarugu Dam, which is to be constructed and it will hold 225 million cubic metres of water. One hundred and seventy three thousand cubic meters of that water will go to Kitengela. Personally, I think that the water will be adequate. Mr. Deputy Speaker, Sir, you are aware that Government projects take some time to be completed.

(Sen. (Prof.) Kindiki): That is good, Chairperson. Sen. Seneta, part of the water from the dam which will be constructed will go to Kitengela.

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well. You have answered it.

(Sen. (Prof.) Kindiki): Senators, that brings us to the end of Statements. We have not done very well today. We just have to find a way of dealing with this item. Otherwise, we will find it difficult to deal with the huge responsibility placed on us, especially on legislation.

(Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery, this afternoon, of the hon. Speaker of Makueni County Assembly, hon. Douglas Mbilu. 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): Hon. Senators, we will defer Order No.10.

We will move on to Order No.11 which is a time bound legislation and it should not take more than 14 days to arrive here. In any case, the financial year is coming to an end and so we need to get this done. The Committee is urged to make progress. Hopefully by Thursday, we can dispose of this legislation in totality. Clerk, you can now call out the next Order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that The Division of Revenue Bill (National Assembly Bills No.7 of 2018) be now read a Second Time.

(Sen. (Prof.) Kindiki): Proceed, Senate Majority Leader. It is allowed to approach the Chair.

Mr. Deputy Speaker, Sir, first of all, I thank you for giving me an opportunity to move this important Bill. Senators who are participating in debate on the Division of Revenue Bill for the first time will be reminded that the journey for the Senate to sit and determine the amount of resources that goes to the counties - though it is so obvious in the Constitution - was not so obvious to many people.

Madam Temporary Speaker, it took a lot of effort from some of us who were in the inaugural Senate under the new Constitution to give Senators the right, duty and responsibility to participate in the Division of Revenue Bill and the County Allocation of Revenue Bill. We were forced to go to the Supreme Court for an advisory opinion; a decision that was taken by the whole House under the leadership of the first Speaker, Sen. Ekwee Ethuro under the new Constitution. We had to do what we had to do. I am proud to have been part of that history. Having served as the Chairperson of the Committee on Devolved Government, I mobilized my colleagues to participate in this very important venture. Therefore, the role of the Senate in the Division of Revenue Bill is anchored in an important advisory opinion that required the intervention of the courts for us to participate. That is why when we are debating this important Bill, it is important for all of us to participate and be aware of what goes to our counties. Madam Temporary Speaker the purpose of this Bill is obvious as provided for in Article 203 of the Constitution, which is to ensure that the revenue raised nationally is shared equitably between the national Government and the county governments. The Constitution provides that at least 15 per cent of the revenue raised nationally based on the last audited accounts should be devolved to the counties. The actual revenue raised nationally in every financial year, sometimes falls short of or gets higher than the estimates. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I beg to second the Division of Revenue Bill. Article 218 of the Constitution requires that the Division of Revenue Bill be brought to Parliament two months before the end of the financial year. Although there were delays in other years, this year we are within time. The Bill was introduced in the National Assembly and passed on the 20th of March – only last week - and it is today before us. The Bill proposes to share Kshs1,688,492,000,000 in this current budget. This is from the ordinary revenues and the revenues that are raised. Out of this, it is proposed that Kshs1,369,792,000,000 be shared revenue to the national Government and Kshs314 billion allocated to the county governments. In the Financial Year 2016/2017, the total sharable revenue was Kshs1.380199 trillion and in the Financial Year 2017/2018 it was Kshs1.56028 trillion. Today, it is Kshs1,688,492,000,000. Out of that the national Government in the Financial Year 2016/2017 had Kshs1,093,890,000,000; 2017/2018, Kshs1,238,340,000,000 and this year it is proposed that the national Government gets 1,366,990,000,000. The Equalisation Fund has a lot of problems because ever since it was enacted in the Constitution, 2010, only Kshs1 billion of that money had been utilized. I remember the National Assembly appropriated about Kshs12 billion of that money in the Financial Year 2015/2016. There is a lot of balance still with National Treasury. This financial year, they proposed to put Kshs4.7 billion, which is 0.5 per cent of the total revenue. Madam Temporary Speaker, on equal share to the counties, we recall that in the Financial Year 2016/2017, Kshs280,309,000,000 was allocated to the counties. In The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar)

Thank you, Madam Temporary Speaker, for this opportunity. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Sen. Mutula Kilonzo Jnr. you have the Floor.

Thank you, Madam Temporary Speaker. I rise to support this Bill. At the onset, just from reading the Bill and its explanations, I want to say that under the Constitution, the Commission on Revenue Allocation (CRA) is supposed to give recommendations on this Bill and the Treasury in a memorandum that is appended to the Bill and give reasons for deviations. I am not happy as a Member of the Standing Committee on Finance and Budget, having sat on the Committee for several years about the explanations on the deviations. The first explanation of the 4 per cent growth factor is something we have disputed. Our Report to the Senate through the Budget Policy Statement (BPS) is available. In fact, this growth factor is not the correct one. The correct one is 7.1 per cent that is rounded off to 7 per cent. There is no logical and economical explanation for this growth factor of 4 per cent. Madam Temporary Speaker, we have tabled documents to show that this 4per cent growth factor is picked from the constant Central Bank of Kenya (CBK) rate as a result of the interest rate cap. Therefore, if you consider fuel and food prices and others, you can only be at 7 per cent. That deviation has only been done through a political arrangement. In the opening statement by the Majority Leader of Senate, he said that one of the most fundamental reasons, in fact, may be the only one that keeps this Senate is this Division of Revenue Bill. If we are not careful from what I am gathering, we will become either a rubber stamp or a conveyer belt for decisions made in other places other than this Senate. Why do I say so? The Council of County Governors (CoG) tabled a Report in our Committee. In the Report they said: “We have no objection to the baseline of Kshs302 billion and the adjustment of 4 per cent, we have cut a deal and that is what we are going to do.” That means that through the Committee chaired by the Deputy President called the Inter-Governmental Budget and Economic Council (IBEC) the CoG will negotiate for this allocation from this year, next year and any other year then circumvent the Senate. Unless we challenge some of these things, the purpose of going to the Supreme Court does not make sense. That growth factor as far as I am concerned, is not justifiable. In the explanations the CRA has given in its recommendations, there must be justification. If we give CRA that role, then it is their recommendation that we ought to consider. On the allocation of leasing of medical equipment for counties, in the last Division of Revenue Bill, we allocated Kshs4.5 billion. How Treasury has adjusted to Kshs6.9 billion for 2017/2018 and Ksh9.4 billion for this Financial Year has no explanation. Why the increase of 100 per cent for leasing? Where is this equipment and did we buy more equipment than what we purchased? Which counties are going to get this extra equipment for these two health facilities in each county? When was this negotiated? We once had a dispute with the Ministry of Health and the Cabinet Secretary, (CS) Mailu at the time told us that he exercised this function on behalf of the counties but The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me the chance to make my contribution. From the very onset, I want it to be on record that I support the Division of Revenue Bill (National Assembly Bills No.7 of 2018). It is also good for me to say I support the sentiments expressed by my fellow Senators. We all know all Bills we discuss in this House are important. However, in terms of rank of importance and the strata of where this particular Bill stands, I think it sits at the apex. This is because it gives us a sense of life as an institution in regards to our contributions and thoughts that we share as Senators on behalf of the people that we represent here. We hope the contributions that we make year in, year out, will be taken into consideration by the Treasury. We, as an institution, will continue improving our thoughts that we share together. This includes the reports that we table here either from the Committee on Finance and Budget, which is a Committee that I have served in a number of years now--- We enjoy working on this Bill, especially where we engage both the CRA and Treasury. We listen to the reasoning that informs some of the decisions captured in this Bill. Article 218(1)(a) of our Constitution guides me as I make my contributions. This is something that I have grappled with as a leader for a long time. It says:- “A Division of Revenue Bill, which shall divide revenue raised by the national government among the national and county levels of government in accordance with this Constitution---.” The operational word here is ‘raised.’ It means that it is an event that has already taken place thus what we are doing is dividing what is readily available. That is the vision and the aspiration of our Constitution. In many occasions, I have observed that the drafting and the writings on this Constitution are aspirational. These are things we are supposed to live with. We may not be in a position to achieve them right now. However, it is our hope that we will achieve it in the future. I want to believe that the drafters of our Constitution envisioned a time whereby at the end of a particular financial year, we would be able to say during financial year (x), (y) and (z), we collected this amount of money. When that is done, we can then divide some to go to the counties. It has to at least meet the parameters that have been set out in our Constitution of 15 per cent with a growth factor and those many things. However, the practice which should worry this House and us, as Senators, because it consistently continues to happen, is that what we divide is not readily available. It should worry us because even after the passage of the Division of Revenues Bill and the County Allocation of Revenue Act (CARA), it is not a guarantee that what 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. Mwaura, Please, go back to the Bar.

You can continue, Senator.

Thank you, Madam Temporary Speaker. I was speaking about level five hospitals and how we manage our health system generally. They say that in the absence of order, then disorder becomes the order. That is why citizens are regulating themselves by telling each other that; “if you are not a resident of this county, please, go and seek medication from another county.” As leaders, we cannot watch as this continues to happen. We need to examine the plans and implementation policies that county governments are putting in place in terms of shared resources. The thought that guides this, for instance, a very well-intentioned principle from counties is that, since not every county in Kenya has a level five hospital, they receive additional revenue to support the weight that they bear from the neighbouring counties. However, if this programme is not well-intentioned and implemented, it will lead to segregation of our citizens. When passed The Kenya Roads Bill, 2017, that is now being considered by the National Assembly – I know this because we debated it here in the Senate in the last Parliament and part of the proposals that we made were extremely interesting in terms how division of this fuel levy was going to be shared. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me an opportunity to raise a few issues on this Bill. As we support this Bill because it is important that we pass it to move to the next level, it is important to appreciate that under our mandate in Article 96, this is one of the key roles of this House. In doing so, we have to reflect on how devolution is developing and moving in the country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I see a lot of interest on this. It is important that you know it will still be on the Order Paper tomorrow for those who may not have an opportunity today. Proceed, Sen. (Prof.) Kamar.

Thank you, Madam Temporary Speaker, for giving me this opportunity. I rise to support the Division of Revenue Bill (National Assembly Bills No.7 of 2018). As I support, I want to make comments on about three areas. First, it is the issue of county governments’ equitable share which has risen by a small margin of 4 per cent. I believe we could do better because the development that has taken place over the past five years has not given us the impact that we were looking for when we were clamouring for devolution. If we increase the revenue, we will realise more development. The Constitution of Kenya 2010 came about as a realisation that unless we reach the people in development, we will not move forward as a country. The Constitution of Kenya 2010 has emphasised on grassroots development and people making decisions on what they want done. Although this was negotiated in the Intergovernmental Budget and Economic Council (IBEC), I would encourage that in future, we need to find space for our Senate Committee on Finance and Budget in IBEC. This will help us to negotiate from that point The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I am sorry, Sen. (Prof.) Kamar. Tomorrow you will have fourteen minutes to continue with your contribution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators it is now 6.30p.m; time to interrupt the business of the Senate. The Senate stands adjourned until tomorrow, Wednesday, 28th 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.