Let us skip Order No.6, on the Notice of Motion. We shall come to that order later. Let us move on to the next Order.

Where is the Chairperson of the Standing Committee on Health? We will come back to that Statement. DELAY IN HANDING OVER THE LAKE BASIN MALL TO LBDA

Where is the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations? We will come back to that Statement. COMPENSATION FOR PERSONS AFFECTED BY OIL SPILLAGE AT THANGE RIVER DELAYED COMPENSATION FOR PERSONS DISPLACED BY MANOONI DAM PROJECT IN MAKUENI COMPENSATION TO PERSONS DISPLACED BY THE SGR PROJECT INVASION BY ILLEGAL SETTLERS/ILLEGAL SUB-DIVISION OF KALRO LAND The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Where is the Chairperson of the Standing Committee on Lands, Environment and Natural Resources to issue the statements? We will come back to that Statement. LICENSING OF LIQUOR AND CO-ORDINATION OF LIQUOR RELATED LAWS

Where is the Chairperson of the Standing Committee on Tourism, Trade and Industrialization to issue the statement? We will come back to that Statement. DISAPPEARANCE OF PATIENT LEMELOI SHONKO FROM COPTIC HOSPITAL

Where is the Chairperson of the Standing Committee on Health to issue the Statement? We will come back to that Statement. EMPLOYMENT REQUIREMENTS FOR FRESH GRADUATES

Where is the Chairperson of the Standing Committee on Labour and Social Welfare to issue the Statement? We will come back to that Statement. KDF OPERATIONS IN LAMU COUNTY

Where is the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations to issue the Statement? We will come back to that Statement. MANAGEMENT OF KPA

Where is the Chairperson of the Standing Committee on Roads and Transportation to issue the Statement? TRANSFER OF TEACHERS FROM NORTHERN KENYA

Where is the Chairperson of the Standing Committee on Education to issue the Statement? We will come back to that 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. Speaker, Sir, I have the response, and I have shared it with the Senator who sought the Statement. The Senator sought to know why the Government resorts to transfer the teachers from schools in Northern Kenya whenever the area faces insecurity. The Ministry of Education through the Teachers Service Commission (TSC) is in charge of transfers and deployment of teachers throughout the country. Non-local teachers have been killed and others maimed in the recent past in Mandera and Wajir counties by the Al-Shabab militants. Mr. Speaker, Sir, the transfer of the non-local teachers in such situations is in line with the court ruling of 2015 against the TSC which held that the right to life is sacrosanct and supersedes all other rights under Chapter Four of the Constitution. The transfers are aimed at protecting and preserving the lives of the targeted teachers whose attacks are at times aided by some members of the local communities. In addition, the TSC transfer policy allows transfer of teachers who have completed three years since the first date of employment in the Arid and Semi-Arid Lands (ASALs) areas. In other areas, it is supposed to be five years, however, the current TSC policy, in ASALs areas, a teacher qualifies for transfer after three years of employment. Mr. Speaker, Sir, I have a very extensive table showing the number of teachers that have been transferred. However, in the interest of time, allow me to go to the summary part of the response. First, on the affirmative action, the TSC continuously recruits teachers from Northern Kenya on contract for three years upon their retirement. To this end, the TSC has recruited a total number of 184 teachers; 105 for primary schools and 79 for secondary schools since 2015 when the first serious insecurity incident was reported. Mr. Speaker, Sir, secondly, all primary school teachers in Northern Kenya who have acquired a diploma or degree certificates and have met the minimum requirement have been deployed to secondary schools in the region for optimal utilization. Thirdly, all persons from Northern Kenya who have been registered as teachers by the TSC have been employed and deployed in the region. Lastly, the TSC has also opened up the recruitment period for teachers in Northern Kenya unlike other parts of the country where the deadline for recruitment always apply. Up to this time, the recruitment for teachers in the North Eastern region is still on. I am informed that a great number of teachers have applied and by the start of second term from May, these schools will be staffed as usual.

Mr. Speaker, Sir, in my Statement, I had requested for a table indicating the number of teachers transferred from schools in Wajir county since 2015 which has been provided. However, I have just gone through the report and they have not indicated the teacher to student ratio.

Mr. Speaker, Sir, Sen. Farhiya had asked for a comprehensive table showing the number of teachers that have been transferred. I have answered that; that the recruitment for teachers in Northern Kenya is open. Today, I spoke to the TSC Chief Executive Officer (CEO) and she said that the recruitment is taking place right now and they will realize that ratio--- 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, Senator! The Senator is still on the Floor. What is your point of order?

Mr. Speaker, Sir, the reason I asked for the teacher to student ratio is because I wanted to show the gravity of the issue that is facing Northern Kenya. In the absence of that table, then the essence of this Statement is not satisfactory.

Chairperson, can you give an undertaking?

Mr. Speaker, Sir, give me one week to get the teacher to student ratio.

That is okay. We will get the response in one week’s time. Hon. Senators, we will come back to the statements later. Let us go back to Order No. 6 – Notice of Motion.

Mr. Speaker, Sir, I wish to give notice of the following Motion:- THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the African Economic Community and relating to the Pan-African Parliament, the Senate approves the appointment of the following Members of Parliament to the Pan-African Parliament- (1) The Hon. Jude Njomo, MP; (2) The Hon. Beatrice Kones, MP; (3) The Hon. Janet Ong’era, MP; (4) Sen. (Dr.) Abdullahi Ibrahim Ali, MP; and (5) Sen. Stewart Madzayo, MP.

Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Article 5 of the Protocol to the Treaty establishing the African Economic Community and relating to the Pan- African Parliament, the Senate approves the appointment of the following Members of Parliament to the Pan-African Parliament- (1) The Hon. Jude Njomo, MP; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Asante Bw. Spika. Ningependa kuongeza kwamba sisi Maseneta hapa tunaunga mkono kuteuliwa kwa ndugu zetu, Sen. Stewart Madzayo na Sen. (Dr.) Abdulahi Ibrahim Ali. Mimi, kama Seneta kutoka Kaunti ya Kwale, naunga mkono mswada huu. Niko na imani kwamba hawa Maseneta wenzetu watatufanyia kazi nzuri kule. Kwa hivyo naunga mkono orodha hii ambayo imeletwa katika Bunge letu la Seneti. Bw. Spika, sina mengi ya kuongeza, isipokuwa kusema kwamba naunga mkono Mswada huu. Asante sana, Bw. Spika.

Put the Question!

(Hon. Lusaka) I can see some interests on this Motion. Proceed, Sen. (Dr.) Musuruve.

Thank you, Mr. Speaker, Sir, for this opportunity. I support this Motion on the appointment of these Members of Parliament to the PAP. This list is quite fair and comprehensive. I can see that the Senate is well represented by Sen. 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. (Dr.) Musuruve, can you be relevant to what Standing Order No. 10 stipulates?

Mr. Speaker, Sir, thank you for that caution. In brief, I support this Motion and believe that the Members will do a commendable job in representing us. Thank you, Mr. Speaker, Sir.

Given that the matter does not concern counties, I wish to put the Question.

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

We will now go back to Order No.5; Papers. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday 29th March, 2018:- Report of the Standing Committee on Finance and Budget on its consideration of the Division of Revenue Bill (National Assembly Bill No. 7 of 2018.)

Hon. Senators, pursuant to Standing Order No. 134(1) the Bill stands committed to the relevant Senate Committee, in this case, the Senate Committee on Justice, Legal Affairs and Human Rights. In terms of Standing Order No.134(5) and 137(1) the Committee is required to carry out public participation on the Bill and table its report to the House within 30 days. I thank you. Hon. Senators, before we go to Order No.9, I will allow Sen. Wetangula, the Senator for Bungoma to acknowledge the teachers and students from his county.

Thank you, Mr. Speaker, Sir, for that magnanimous bend of the rule to allow me to acknowledge the teachers and students of one of the top schools in my county - Chwele Girls High School. It is a school that has a distinction in discipline, performance and every other positive attribute we can give to any girls’ school. I am particularly proud of this school because I have personally built a very modern dormitory there for the girls. I also promise that I will continue working closely with the management of the school. It is even closer to my heart because the secretary general of my party, hon. (Dr.) Eseli Simiyu, in his vocational engagement was a teacher in this school. He says that, that is where he earned his first salary ever in his whole life. For the teachers and students, you are most welcome. I will see you out there when you take a recess from the Speaker’s Gallery.

Thank you, Sen. Wetangula. I had to do that because the Speaker cannot do it himself, yet we come from the same place. 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.

Hon. Senators, pursuant to Standing Order No. 134(1) the Bill stands committed to the relevant Senate Committee, in this case, the Standing Committee on Finance and Budget. In terms of Standing Order No. 134(5) and 137(1), the Committee is required to carry out public participation on the Bill and table its report thereon within 30 days. I thank you.

Sen. Kasanga, you can seek your Statement.

Mr. Speaker, Sir, Pursuant to Standing Order 46(2) (b), I rise to seek a Statement from the Chairperson, Standing Committee on Roads and Transportation on the award of construction contracts to foreign companies. In the response the Chairperson should address the following:- (1) Table a list of all foreign companies in the construction industry operating in Kenya indicating the respective year in which they commenced operations in Kenya; (2) Table a list of all national governments contracts that have been awarded to foreign construction companies for the last five years and explain why the national government has been awarding more construction contracts to foreign companies at the expense of local companies; (3) Explain the terms of reference for foreign contractors and whether they are allowed to engage in other activities in the country other than what is specified in the contract documents and explain why some of the foreign construction companies are being allowed to acquire and develop land for commercial purposes. (4) Explain why the National Construction Authority has failed to enforce regulations requiring local companies to be protected from the expertise and the financial muscle of foreign companies. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Committee Chairperson for Roads and Transportation to give the commitment. Any member from the Committee? The Senate Majority Leader? Sen. (Prof) Ekal switch off your microphone. Yes, Sen (Prof.) Ekal.

Mr. Speaker, Sir, since the Chair is not here, I ask for two weeks for investigations. For whatever!

Hon. Lusaka): Order, Senator! Two weeks to do what?

Mr. Speaker, Sir, two weeks to respond to the question asked.

We did not understand when you said two weeks to ‘answer whatever’.

The question asked was not clear.

Hon. Lusaka): Is two weeks okay, Sen. Kasanga?

Yes, Mr. Speaker, Sir. That is in order.

Hon. Senators, we shall come back to Statements. I now order that we move to Order No. 11, 12, 13 and 14 which will be handled together.

Order, Senators! We are now considering The Division of Revenue Bill (National Assembly Bills No. 7 of 2018).

Yes, Sen. Mwaura.

Madam Temporary Chairperson, I do not see the Division of Revenue Bill attached to the Order Paper.

Sen. Mwaura, the Bill is not attached on the Order Paper. Normally, Bills are not attached.

Fair enough, thank you.

Hon. Senators, we will do the Reports at the end. Let us proceed to the next business on the Order Paper. We are on Order No.12, The County Governments (Amendment) Bill (Senate Bills No.11 of 2017). Let us have the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations, Sen. Kinyua. THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2017)

The Division will come at the end.

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 Chairperson, I beg to move: THAT, Clause 7 of the Bill be amended in subsection (2) of the proposed new section11 by deleting paragraph (e) and substituting therefor the following new paragraph - (e) inability to perform the functions of the office of Speaker arising from mental or physical incapacity;

The Division will come at the end.

The Division will come at the end.

Madam Temporary Chairperson, I beg to move: THAT Cause 11 of the Bill be amended— (a) in the proposed new section 32B by deleting paragraph (b) and substituting therefore the following new paragraph - (b) take and subscribe to the oath or affirmation, in public, before a High Court Judge. (b) in subsection (1) of the proposed new section 32D by– (a) deleting the introductory phrase and substituting therefore the following new introductory phrase— Where a vacancy arises in the office of a deputy governor as provided for under section 32C, the governor shall - (b) deleting the marginal note and substituting therefore the following new marginal note — Filling of a vacancy in the office of deputy governor.

The Division will come at the end. 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 Chairperson, I beg to move:- THAT Cause 11 be further amended in the proposed new section 32D __ 32D. (1) Whenever the office of a deputy governor becomes vacant, the governor shall― (a) within fourteen days, nominate a person recommended by the county Senator in consultation with county leaders including the area Members of Parliament, for the position of deputy governor; and (b) with the approval of the county assembly, appoint the nominee as deputy governor. (1A) The County Assembly shall in considering the nominee for appointment as deputy governor, undertake public participation. (c) in sub-clause (4) by inserting the words “who are present” immediately after the words “ county assembly” Madam Temporary Chairperson, I wish to make a few comments with regard to the position of the deputy governor. We have a case in Nairobi County where the deputy governor resigned. In Nyeri County, the deputy governor assumed the office of the governor in accordance with the Constitution after the death of the then Nyeri County Governor through a road accident three months after the last general elections. I want Members to focus their minds on one thing. As the clause now reads, the governor is free to appoint a deputy governor during the campaign. That is good. However, when he passes on, the deputy governor assumes office in accordance with the Constitution. I want Members to focus their minds on one thing because in this country people do not see the deputy governor during the elections. They see the aspiring governor and his images on campaign posters. We are, therefore, subjecting this country to a shortcut to power. Nobody in this country should ever assume power unless it is through the sovereignty of the people. The voters ---

Senator, kindly, be brief.

I am being brief, Madam Temporary Chairperson. It is important that people see where I am coming from.

This is not a casual matter. Power should only be obtained through the sovereignty of the people. That is cardinal. Now, under the circumstances we are having a situation where somebody could pick his girlfriend as his deputy. She is chosen because of her image. When the governor passes on, she becomes the governor. That is where we are heading. It is not a casual affair. This is the truth.

Senator, kindly conclude.

In United States of America (USA), the deputy president assumes the presidency after the president dies like it happened in the case of John F. Kennedy. In the USA there is a legalised party process which nominates the governor and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I will allow Sen. Mwaura just one minute.

Madam Temporary Chairperson, when an amendment has been introduced, Members are given a chance to contribute because it is like Second Reading. While I agree with the proposal by Sen. (Eng.) Maina, I find it a bit interesting that the nominee to be approved through public participation by the county assembly is supposed to be proposed by the Senator. How can a Senator who is supposed to oversight a governor participates in nominating a candidate? It should be governor to nominate his or her running mate. That is totally out of order because it goes against the spirit of separation of powers. It is like a Senator having his own person to deputise somebody who he is supposed to oversight. The other provisions are okay but I have a problem with that particular amendment.

Sen. Sakaja, you have one minute.

Madam Temporary Chairperson, I understand the concern that Sen. (Eng.) Maina has. However, I think it is not in order and I oppose that further amendment. Senators should not be involved in the selection of a deputy governor. The governor has the executive mandate in a county and they should exercise it because, then, we will not be able to oversight them. I want it to be on record that even me---

Senator, the point is clear.

We are not interested in that.

Madam Temporary Chairperson, you should have allowed the Senator to persuade us about this amendment. It is not the text but the constitutional position of putting the Senator and other leaders in the executive role of selecting because a deputy governor is a running mate of somebody and also a potential governor. Personally I have not understood the legal context but the political one. The legal context should have been explained more so that we understand where we should step in in such a gap or under which exceptional circumstances and where on earth would such an event occur. For now, I do not even know what you have allowed the Mover to move.

Honourable Senators, we will have two Divisions on amendments recommended by Members of the Committee and another one by Sen. (Eng.) Maina separately.

Division will be at the end.

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 propose that---

Does it have to be seconded? 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.

No.

Division will be at the end.

Division will be at the end.

Could the Chairperson of the Committee on Devolution and Intergovernmental Relations move the amendment?

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 7 — 7A.The Principal Act is amended in section 25 by deleting subsection (2) and substituting therefor the following new subsection- (2) Subject to subsection (3), the county assembly legislation shall come into force on the fourteenth day after its publication in the Kenya Gazette and the county Gazette, unless the legislation stipulates a different date on, or time at which, it shall come into force.

Division will be at the end. 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.

Division will be at the end. Hon. Senators, we are now through with Order No. 12 and we are now moving to Order No. 13. THE URBAN AREAS AND CITIES (AMENDMENT) BILL (SENATE BILLS NO. 4 OF 2017)

We are looking at the Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017).

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 4 of the Bill be amended in the proposed new section 4A by inserting the following new subsection immediately after subsection (4) — (4a) The representative from the national government drawn from the Ministry for the time being responsible for urban development appointed under subsection (3)(b)(i) shall serve as the secretary to the adhoc committee.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT clause 5 of the Bill be amended by – (a) deleting paragraph (a); and (b) deleting paragraph (e). 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.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:-THAT the Bill be amended by deleting clause 6.

Division will be at the end.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 8 of the Bill be amended by inserting the following new section immediately after the proposed new section 10A— Delineation of boundaries of a market\ 10B. (1) Delineation of the boundaries of a market may be initiated by a county governor. (2) The county governor shall, for the purpose of subsection (1), appoint by notice in the county Gazette an ad hoc committee to delineate the boundaries of a market. (3) The ad hoc committee appointed by the county governor under subsection (2) shall comprise— (a) a representative of the Independent Electoral and Boundaries Commission based at the county office, who shall be the chairperson; (b) two representatives from the county government drawn from— (i) the county department for the time being responsible for urban development who shall be the secretary; (ii) the county department for the time being responsible for environment; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Division will be at the end.

Division will be at the end.

Division will be at the end.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT clause 12 of the Bill be amended in the proposed new section 14(2) by – The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Division will be at the end.

Division will be at the end.

The Division will be done at the end.

Hon. Senators, we will do all the divisions at the end of the amendments. We now we move to order No. 14; The Warehouse Receipts System Bill (Senate Bills No.10 of 2017). THE WAREHOUSE RECEIPTS SYSTEM BILL (SENATE BILL NO.10 OF 2017)

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Division will be at the end.

Hon. Senators, I would suggest that because the amendments are very many, you cannot go through all of them because it will take a lot of time. You can just respond by agreeing that they be amended as proposed. 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 Chairperson, I beg to move:- THAT, Clause 4 of the Bill be amended by — (a) deleting paragraph (h) and substituting therefore the following new paragraph — (h) monitor and oversee the issuance, suspension or revocation of registration or licences issued under this Act; and

deleting paragraph (i);

The Division will be at the end.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 16 of the Bill be amended — (a) in sub-clause (1) by deleting the word “Council” appearing immediately after the words “apply to the” and substituting therefore the words “respective county executive committee member”; (b) in sub-clause (3) by deleting the word “Council” appearing immediately after the word “The” and substituting therefore the words “county executive committee member”; and (c) by inserting the following new sub-clause immediately after sub-clause (4) — (4a) Each county executive committee member shall furnish the Council with details of a license issued under subsection (1) within seven days of issuance of the license.

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

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 17 of the Bill be amended — (a) (a) in sub-clause (1) by deleting the word “Council” appearing immediately after the word “The” in the introductory clause and substituting therefor the words “county executive committee member; (b) by deleting sub-clause (2) and substituting therefor the following new sub- clause— (2) The county executive committee member shall before revoking or suspending a licence, inform the licensee of the intended revocation or suspension, in writing, and give the licensee an opportunity to make representations before making a determination. (c) in sub-clause (3) by — (i) (i) deleting the words “Council” appearing immediately after the words “a licence the” and substituting therefore the words “county executive committee member”; and (ii) (ii) deleting the words “Council” appearing immediately after the words “licence to the” and substituting therefore the words “county executive committee member”; and (b) in sub-clause (6) by deleting the word “Council” appearing immediately after the words “or revoked the” and substituting therefore the words “respective county executive committee member”.

The Division will be at the end. Senate Majority Leader, I understand that you have a further amendment on Clause 17?

Yes, Madam Temporary Chairperson. I beg to move:- THAT clause 17 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause 6— “6(a) The County Executive Committee Member shall furnish the Council with details of the Warehouse whose licence has been revoked within seven days of the revocation of licence by the County Executive Committee Member.” This is just to add value in terms of informing the Council through the relevant County Executive Committee Member who is presiding over trade within the county itself and also in charge of matters related to Warehouse. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

The Division will be at the end.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by deleting clause 18 and substituting therefor the following new clause — Fees.

The Division will be at the end.

The Division will be at the end.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 20 of the Bill be amended in sub-clause (2), by deleting the words “a recognized competent Authority” appearing immediately after the words “graders certified by” and substituting therefore the words “the Agriculture and Food Authority”.

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

The Division will be at the end.

Proceed, Chairperson of the Committee on Agriculture, Livestock and Fisheries.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 43 of the Bill be amended by inserting the following new sub-clause immediately after sub-clause (1) — (1a) In particular and without prejudice to the generality of the power conferred by sub-section (1), the Cabinet Secretary shall make Regulations— (a) (a) on insurance policy required under this Act; (b) (b) for the procedure for appealing to the Council or the Appeal Committee; (c) (c) for the qualifications and appointment of officers undertaking inspection of warehouses registered or licensed under this Act; and (d) (d) on the form of warehouse receipts, whether negotiable or non- negotiable.

The Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after clause 4 — Functions of the county executive committee member 4A. The county executive committee member- (a) shall establish and maintain a county registry for the management of warehouse receipt transactions under this Act; 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.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 16 — Performance Bond

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 16 —

Division will be at the end.

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 Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after Clause 16 —

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after clause 41 — Depositing goods Without proper title 41A. A person who deposits goods whose title belongs to another party in a warehouse registered or licensed under this Act without the approval of the owner commits an offence and is liable, on conviction, to a term of imprisonment not exceeding fourteen 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.

Division will be at the end.

Order! Hon. Senators, you cannot stand between the Chair and the Senator speaking. I know that you are excited to welcome the new---

Order! Order, Senate Majority Leader! Kindly, consult in low tones.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following new Clauses immediately after clause 41 — Obstruction 41B. A person who obstructs the inspection of a registered or licensed warehouse in contravention of this Act or any other law commits an offence and is liable, on conviction, to a fine not exceeding one million shillings or to a term of imprisonment not exceeding five years, or to both

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, the Bill be amended by inserting the following New Clause immediately after Clause 43- 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.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT, Clause 2 of the Bill be amended by — (a) deleting the definition of the term “holder” and substituting therefor the following new definition — "holder" means a payee or endorsee of negotiable or non- negotiable warehouse receipt who is in possession of the receipt; (b) inserting the following new definitions in the proper alphabetical sequence — "Agriculture and Food Authority" means the Agriculture and Food Authority established under section 3 of the Agriculture and Food Authority Act, 2013; "county executive committee member" means the county executive committee member responsible for matters relating to agriculture in the respective county;

Division will be at the end. Hon. Senators, we have now gone through the Committee of the Whole House covering the four Bills. We will now go for the Division. I order that the Bell to be rung for five minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senators! We are now going to have a Division on the Division of Revenue Bill (National Assembly Bills No.7 of 2018). I order the Doors to be locked and the Bars to be drawn.

Members, please, take your seats so that we can continue with the Business of the House. You can log in now.

Members, please, you can now vote in 60 seconds.

The second Bill is the County Governments (Amendment) Bill (Senate Bills No.11 Of 2017)

Kindly, start voting.

Any Senators who were unable to vote electronically, please, come forward.

Any Senator who is not able to vote electronically, please, come forward. 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, these are the results are as follows:

Hon. Senators kindly, we are voting. It is time to vote. Sen. (Eng.) Maina, where are you voting? He is not even paying attention. We need to save time. We are left with only seven seconds. If you have not voted, you will be out of time. Let us have the assisted voters please.

Sen. (Eng.) Maina did you vote?

Yes, Madam Temporary Chairperson.

Sen. Orengo have you voted?

Hon. Senators, we are going for the second voting. We are going to vote twice: One from the Committee of the Whole, and the second one from Sen. (Eng.) Maina.

Hon. Senators, we are voting. Kindly vote. The voting is on. We are doing the amendment from the Committee of the Whole. Kindly vote if you have not done so. Let us have the assisted voters. Sen. Orengo and Sen. (Eng.) Mahamud, kindly, come and vote.

Hon. Senators, we are now going to the amendment proposed by Sen. (Eng.) Maina. Please, vote. Let us have the assisted voters please. Sen. Orengo and Sen. (Eng.) Mahamud, Sen. (Prof.) Kamar you have not voted.

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Assisted voters, Sen. (Eng.) Mahamud and Sen. Orengo, please come forward.

Hon. Senators, we are through with the division on the County Governments’ Amendment Bill (Senate Bill No. 11 of 2017). THE COUNTY GOVERNMENTS (AMENDMENT) BILL (SENATE BILLS NO.11 OF 2017)

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, on the Second Division; the Committee Amendment, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

Hon. Members, the results of the Division are as follows:

Hon. Members, the results of the Division are as follows:

Hon. Members, the results of the Division are as follows:

Hon. Members, the results of the Division are as follows:

Hon. Members, the results of the Division are as follows:

Sen. (Dr.) Ali, Wajir County; Sen. Boy, Kwale County; Sen. Cherargei, Nandi County; Sen. Cheruiyot, Kericho County; Sen. Dullo,Isiolo County; Sen. Faki, Mombasa County; Sen. (Eng.) Hargura, Marsabit County; Sen. Iman, Garissa County; Sen. M. Kajwang’, Homa Bay County; Sen. (Prof.) Kamar, Uasin Gishu County; Sen. Kibiru, Kirinyaga County; Sen. Kinyua, Laikipia County; Sen. (Eng.) Maina, Nyeri County; Sen. (Dr.) Langat, Bomet County; Sen. Loitiptip, Lamu County; Sen. Madzayo, Kilifi County; Sen. (Eng.) Mahamud, Mandera County;Sen. (Dr.) Mbito, Trans Nzoia County; Sen. Murkomen, Elgeyo-Marakwet County; Sen. (Dr.) Musuruve, Kakamega County; Sen. Mutula Kilonzo Jnr., Makueni County; Sen. Mwangi, Nyandarua County; Sen. Mwaruma, Taita Taveta County; Sen. Mwaura, Kiambu County; Sen. Ndwiga, Embu County; Sen. NyamungaKisumu County; Sen. (Prof.) Ongeri, Kisii County; Sen. Orengo, Siaya County; Sen. Sakaja, Nairobi City County; Sen. Seneta, Kajiado County and Sen. Wario, Tana River County.

Hon. Members, the results of the Division are as follows:

On a point of order Madam Temporary Chairperson.

What is your point of order, Sen. Mutula Kilonzo Jnr.?

Madam Temporary Chairperson, the numbers are strange because if we are all here, why do we have 30, 31 and even 32? There must be direction that people must vote. Otherwise, it is against the Standing Orders not to vote when you are in the Chamber.

We have taken note of that Hon. Senator. We are going to resume Plenary but I kindly ask you not to leave because we still have to do the Third Reading on the Bills but we are going to report starting with the first one. THE DIVISION OF REVENUE BILL (NATIONAL ASSEMBLY BILLS NO.7 OF 2018)

seconded 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.

seconded

Hon. Senators, we now move to reporting of the Warehouse Receipts System Bill (Senate Bills No.10 of 2017). I request the Mover to proceed.

Seconded.

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(Sen. (Prof.) Kamar): Hon. Members, can the Door be opened and the Bars drawn?

Hon. Senators, please, do not leave the Chamber because we still have two very important items to dispose of. Can you take your seats so that we can proceed? Let the Chairperson of the Committee of the Whole rise and report on one Bill after the other. Madam, please get a working microphone.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Division of Revenue Bill (National Assembly Bills No. 7 of 2018) and its approval thereof without amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request Sen. Mutula Kilonzo Jnr. to second.

Madam Temporary Speaker, I second.

Madam Temporary Speaker, I beg to move that the Division of Revenue Bill (National Assembly Bills No. 7 of 2018) be now read a Third Time. I request the Senate Minority Leader, Sen. Orengo, to second.

Madam Temporary Speaker, I second.

(Sen. (Prof.) Kamar): Hon. Members, I will put the question for the Third Reading for all the Bills at the same time. So, let us move to the next one. 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 report that the Committee of the Whole has considered the County Governments (Amendment) Bill (Senate Bills No. 11 of 2017) and its approval thereof with amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

Madam Temporary Speaker, I beg to move that the County Governments (Amendment) Bill (Senate Bills No. 11 of 2017) be now read a Third Time. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

(Sen. (Prof.) Kamar): Thank you, Mover. We are again going to delay the putting of the question for the Third Reading so that we do all of them at one time. THE URBAN AREAS AND CITIES (AMENDMENT) BILL (SENATE BILLS NO. 4 OF 2017)

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Urban Areas and Cities (Amendment) Bill (Senate Bills No. 4 of 2017) and its approval thereof with amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

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Madam Temporary Speaker, I beg to move that the Urban Areas and Cities (Amendment) Bill (Senate Bills No.4 of 2017) be now read a Third Time. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

(Sen. (Prof.) Kamar): I will put the question for the Third Reading later. Next Bill. THE WAREHOUSE RECEIPTS SYSTEM BILL (SENATE BILLS NO.10 OF 2017)

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the Warehouse Receipts System Bill (Senate Bills No. 10 of 2017) and its approval thereof with amendments.

Madam Temporary Speaker, I beg to move that the House do agree with the Committee on the said report. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

Madam Temporary Speaker, I beg to move that The Warehouse Receipts System Bill (Senate Bill No.10 of 2017) be now read a Third Time. I request the Senate Minority Leader to second.

Madam Temporary Speaker, I second.

(Sen. (Prof.) Kamar): Hon. Senators, we will now go to Division. I request that the Bars be drawn and the Bell be rung for three minutes.

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(Sen. (Prof.) Kamar):Hon. Members, the results are as follows:

(Sen. (Prof.) Kamar):Hon. Members, the results are as follows:

(Sen. (Prof.) Kamar):Hon. Members, let us move to the Warehouse Receipts System Bill (Senate Bills No.10 of 2017). Please, go ahead and vote. Make sure that you all vote.

Sen. Wamatangi, please come to be assisted. Sen. Seneta and Sen. (Prof.) Ekal, you have not voted. You are time-barred on voting. Please, come forward. THE WAREHOUSE RECEIPTS SYSTEM BILL (SENATE BILLS NO.10 OF 2017)

(Sen. (Prof.) Kamar): Hon. Senators, we now move to the last Bill. I will now put the question. Please go ahead and vote.

(Sen. (Prof.) Kamar): Let the assisted voters come forward so that we finish in good time. Please, take the register to Sen. (Dr.) Musuruve. Is there anybody else requiring assistance? THE URBAN AREAS AND CITIES (AMENDMENT) BILL (SENATE BILLS NO. 4 OF 2017)

(Sen. (Prof.) Kamar): Hon. Senators, the results of the Division are as follows:-

(Sen. (Prof.) Kamar): Hon. Senators, we are done, open the bars.

The next order is very important. We can have the Leader of Majority to make his Statement.

Madam Temporary Speaker, pursuant to Standing Order 46(2) (c), I hereby present to the Senate the business of the House for the week commencing on Monday, 2nd April 2018. Pursuant to the Senate Calendar approved on 28th February, 2018, the House will be proceeding to recess today, Thursday, 29th March 2018, until Monday 7th May 2018. As a result of that, the Senate Business Committee has not scheduled any business for the coming week. However, the Senate will continue with the following business upon resumption of the sittings on 8th May 2018. In addition to other business approved by the Senate Business Committee; (1) The Food Security Bill (Senate Bills No 12 of 2017) should be on Second Reading which should have been concluded today but it is not possible at the moment. (2) The County Boundaries Bill (Senate Bills No 6 of 2017) for the mover to reply. (3) The Office of the County Attorney Bill (Senate Bills No 3 of 2018. (4) The County Government Retirement Scheme (Senate Bills No 6 of 2018. More Bills will be ready for Second Reading and Committee stage when we reconvene. I take this opportunity to commend all of you for your dedication to the work of the Senate during the first segment. I also commend Standing Committees that have submitted reports on Bills. I also ask Standing Committees that are yet to conclude 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, Leader of Majority.

Hon. Members, please, take your seats. From the Speech of the Leader of Majority, it is very clear that we are not going to proceed to Order Nos.15-22. We will head to Order No 23 – the Motion to be moved by the Senate Majority Leader. Before that, I have a Communication to make.

(Sen. (Prof.) Kamar): Hon. Senators, as you are aware, the Devolution Conference has, since the year 2013, been organized on an annual basis bringing together all the implementers of devolved governance to celebrate the gains that have been made and identify the challenges that can be addressed collaboratively among the stakeholders for the welfare of our country. Participants of the conference get an opportunity to deliberate on the successes of the devolved system of governance and how to take advantage of the emerging opportunities presented by devolution.

May I allow the hon. Member standing on the aisle to take her seat. Hon. Member, you may now seat.

Hon. Senators, the participants of the annual devolution conference comprise, but are not limited to, representatives from both levels of Government; Independent Commissions; Academia; policy practitioners; civil society organizations, the donor community, international organizations, the general public as well as the Media. The First Annual Devolution Conference was held in Kwale County in April, 2014; the second one was held in Kisumu County in April, 2015; the third was in Meru County in April, 2016 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 move the following Motion:- THAT, pursuant to Standing Orders 28 and 29, the Senate do adjourn until Tuesday, 8th May, 2018. Madam Temporary Speaker, time is far much spent and I know many Senators would like to say something. However, I would like to thank all the Senators, the Speaker and the Members of the Speakers Panel for their commitment in this first segment of this Session of the Senate. We have achieved a lot; for example, just right now in this sitting, we have passed four Bills that include the Division of Revenue Bill. If my memory serves me right, this Bill has been passed in good time for the first time. Our focus will be on the County Allocation of Revenue Bill. Secondly, Part I of the Second Session has witnessed our commitment to pass many Motions. We have also shown the dedication to address many statements. We have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Madam Temporary Speaker. First, I want to thank the leadership of the Senate, beginning with the Office of the Speaker and the staff of the Senate. So far, the exemplification of the work that they have done in realizing the mandate of the Senate is commendable. We will engage for another four years and that spirit needs to be maintained. The leadership provided by the Office of the Speaker together with the Office of the Clerk is very important. I appreciate my election as the Senate Minority Leader. This is the first speech I am making as the Senate Minority Leader. I thank my colleagues in the coalition for the election. I would also like to thank the majority side because the comments that were made were, indeed, very positive. I hope that I will not disappoint both sides of the House. I hope that in the spirit of bipartisanship, which existed in the last Senate, we may have to relook at the constitution of the Committees as established. I know that in the last Parliament, the spirit of the winner-take-it-all was not the rule. It was not applied universally, and to that extent, Members of the minority were able to chair some of the Committees. I am putting this matter on the table and I have talked to the Senate Majority Leader. In that spirit, we hope that when the leadership of the House meets, we will look into that. I will not stop without saying that the communiqué which was signed by the leader of the Minority coalition and the President of the Republic was very important. One must appreciate that the communiqué was not a basis for giving goodies to the leadership; it was issue-based. I think that we need to interrogate how we can make Kenya better on the basis of what the two leaders communicated on 9th March, 2018. Let me conclude by saying that the issue of Dr. Miguna is not nice to the country. I think we need a resolution to that matter. I know that it is not beyond resolution. The courts have tried but in trying to resolve that matter, obedience to court orders must be taken very seriously. That is an important principle and value of our Constitution. Without saying much, I beg to second and look for another opportunity to talk to the House.

(Sen. (Prof.) Kamar): Hon. Senators, I want to propose the question, but before I do that, I want us to take note of the time that we have. Be considerate to your neighbour and give brief remarks.

Thank you, Madam Temporary Speaker. I also join the Senate Majority Leader and the Senate Minority Leader in congratulating all the Membership of this House for the excellent job that has been done. Yesterday and today, when we were passing the Division of Revenue Bill, which I believe will be fast-tracked for the next event, there was something that bothered me as I was making comments. We should think through it over the period of our vacation. All these revenue allocations were based on audited accounts of 2013/2014. This means that the resources going to the counties are very minimal. Therefore, it behooves the two Houses of Parliament; the National Assembly and the Senate, to work fast on our audited 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): Proceed, Sen. (Dr.) Ali.

Thank you, Madam Temporary Speaker. I also wish to contribute to the Adjournment Motion. The handshake between the President and the National Super Alliance (NASA) Leader has helped to cool down a lot of tempers in this country. Unfortunately, for some of us who come from the northern part of Kenya, we have a lot of problems with teachers and security. I hope that they will look into that as well because this issue has been with us for a very long time. Students are now out of school. Over 200 schools have been closed in Wajir County because of lack of teachers. Unfortunately, I could not move my Motion because we are time barred. I had a Motion which was to discuss about this issue of insecurity and teachers in general in the northern Kenya. It would have been very helpful towards this. I would have urged the leadership, even though I can see both of them have left, to get involved in these issues and help us resolve some of them. There have been problems when it comes to the Division of Revenue Bill. We have just passed it because most of the people have agreed, but what we know is that something like the Collective Bargaining Agreement (CBA) in the health sector has not been catered for. I am afraid that very soon we might land ourselves in big problems since the health sector workers might go on strike. The issue of cancer and many other chronic diseases in this country are increasing. Now that health has been devolved, the national Government through the Ministry of Health is not doing much on the issue of surveillance and other issues. They should be looked into. The Standing Committee on Health and the leadership of the Senate should take advantage of the positions we are in and the jobs we are doing so that we do our mandate properly. Thank you. I wish everybody a happy Easter Holiday.

(Sen. (Prof.) Kamar): Proceed, Sen. Cherargei.

Thank you, Madam Temporary Speaker. I join my colleagues in wishing everybody happy holidays. I know we are taking a break from the Plenary Session, but our Committee work will still continue. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I would also like to contribute to this Motion of Adjournment. First of all, the Senate has done a good job. We have passed many Bills. This afternoon, we have passed quite a number of Bills including The Division of Revenue Bill in a record time. I thank Members of my Committee for participating in this session to make sure this important Bill is passed. We will soon pass the County Allocation of Revenue (CARA) Bill which will be due when we will be on recess and we might have a Special Sitting. As we go to our counties, we should preach peace and urge our people to bring cohesion in this country. The issue of the handshake between the two leaders has cooled the temperatures in this country. We need to build on that. We hope that the discussions which are going on between the two leaders will create cohesion. I urge leaders to be careful when commenting negatively on that handshake. I have heard people trying to talk on what it is and what it is not. That is not fair. Let us wait for the people who have been mandated to look at that to work out a structured programme so that we can discuss it when we come. Madam Temporary Speaker, many falsehoods have been peddled about the issue of teachers in Northern Kenya as we saw yesterday in this House and last week in the National Assembly. This has been exaggerated. We are concerned about the security of our people including non-local teachers. I want leaders to be careful when they comment on this because we can tear this country apart for no reason. Other issues of segregation and sexual harassment that have come up are not factual and it is not fair on the population of Northern Kenya. I was taught by teachers from other parts of Kenya. Since that time, they have been respected as teachers. The issues of people being racists and all those bad things are false. We would like our teachers to look for the transfers in an organized and decorum manner and not invoke unnecessary and untrue things. In the same token, I want leaders to be careful on what they take as the truth. Going forward, we want the Cabinet Secretary of Education and the Teachers Service Commission (TSC) to deal with the issue of shortage of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Hon. Members, I thank you, for those nice contributions. I join those who have wished everybody a good holiday by wishing all Senators and our staff a wonderful Easter weekend. We look forward to meeting again on 8th, May, 2018.

(Sen. (Prof.) Kamar): Hon. Senators, it is now time to adjourn the House. The Senate stands adjourned until Tuesday, 8th May, 2018, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.