Hon. Senators, let me take this opportunity to welcome you back for this Special Sitting. Thank you for finding time from your busy schedules to be here today. Hon. Senators, by a letter Ref. No: Sen/Sml/Vol.1/3 dated 16th April, 2018, and pursuant to Standing Order No.30(1), the Senate Majority Leader, supported by the requisite number of Senators, requested the Speaker to convene a Special Sitting of the Senate to consider the following business

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

What is your point of order, Sen. Murkomen?

Mr. Speaker, Sir, thank you for that very important communication. I join you in celebrating the life of the late hon. Kenneth Matiba. I also want to pass my condolences on behalf of this House to his family – his wife, Edith, children and grandchildren – and the entire nation for the demise of such a great leader. Some of us who were too young to understand what was happening during the struggle for multiparty politics only knew hon. Kenneth Matiba and Sen. Orengo from the two hands salute. Sen. Orengo and Sen. Wako, from the other side are more qualified to comment more about him than I am. We were meant to understand, during those days, that hon. Matiba was the enemy who wanted to take power from a person from our region. We, therefore, grew up thinking that he was a very bad man. However, when I joined the Law School, I began to appreciate the work that he did in amending the Constitution to provide open doors for greater democratic space. Mr. Speaker, Sir, hon. Kenneth Matiba is one of the politicians who made great sacrifices in terms of personal life, health, family, business and eventually paid the highest price. Many people who are much younger than me may never appreciate the name of hon. Matiba. That is a shame because it means that our history is not properly documented or taught. It also means that our heroes are not properly celebrated. We cannot continue paying lip service to this kind of important national policy position on our heroes. It is important that we reorient the curriculum of this country to the national discourse, to appreciate those who came before us and did a great job, like hon. Kenneth Matiba. I want to believe that this House will lead in that process, including the Bill that we passed here that dealt with the Hall of Fame in counties, among others. We must be able to put into perspective and appreciate those who have made the greatest sacrifice in this nation. I want to wish his family God’s grace. May God guide them through this very difficult moment of grief. As a nation, we should rise up to the occasion to do that which is right for humanity and our country. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. I stand here as a Kenyan, the Senator for Nyeri County and leader in this country to convey my condolences. The late hon. Matiba goes beyond just condolences to the family. He is an icon and hero of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, very much Mr. Speaker, Sir, for those remarks you have made about the passing on of a very great man. If I was to speak about the late hon. Matiba, I would take even a whole week. However, I will not do that since probably there will be another occasion. Kenya has lost one of its greatest sons, not only in terms of character but what he has done for this nation. I knew about the late hon. Matiba first in my life when I was at Alliance High School. At that time the greats of that school would be told about him in the school halls by the headmaster or the teachers. In many conversations the late hon. Matiba, even at that time, was regarded as one of the best that had come out of Alliance High School. I am saying this knowing that my seniors at the school, Sen. Wako and Sen. (Eng.) Maina, are here. I want to say the following without any fear of contradiction. In Kenya we are very good at praising people when they die. In fact, any time there is unity in the country is when somebody dies. Everybody talks the same language. However, when that person The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Lusaka): Yes, Sen. Wamatangi.

Mr. Speaker, Sir, I wish to join you and my colleagues in condoling with the family of the late Kenneth Njindo Matiba. In my condolences, I want to note specifically that if the late Kenneth Matiba was like many of us today, maybe this afternoon he would have been playing golf in either Muthaiga or signing visitor’s books. People would be waiting for him there to receive him and escort him to places. He would have been living a life of luxury. However, because he chose to stand for liberty; for what he believed in, that is why today he is lying in a morgue. Today I consider myself a big beneficiary of the work and sacrifices made by people and especially the late Kenneth Matiba. A politician like myself who has had to fight all the way up from obscurity to find space in this House to say the words I am saying, would never have found that space. For the work that that man did for this country, we must laud and remember him. Mr. Speaker, Sir without repeating what some of my colleagues have said here, it is very sad that a man who was the proprietor of a chain of hotels, a man who was a proprietor of top notch schools in this country, spent his last days on a wheelchair waiting for well-wishers to come see him and help him pay his bills. We know that it is just recently that a court of law awarded Mr. Matiba damages for the suffering he has endured over all these years. I want to remind Members that even if he has died and is going to be buried, he died without enjoying a penny of the award he was given to pay even for his own medical bills. The question we should be asking ourselves is, even as we are here, that award is still pending. Is it going to be a continuation of the suffering he has endured for the remainder of his family? Will his wife and children queue and follow up in every courtroom and office to secure what had been awarded to him? Can this country rise to its consciousness and say we will not let people suffer like that? I like what Senator Orengo has said, since, the way I knew Matiba and I remember the results of the election of that year; 1992. When he came from abroad, he came to the airport with his slogans and his party FORD- Asili and went campaigning. The area he got most of the votes was in western Kenya, a signature and indication that he was a man of all the people. I sincerely join my colleagues, his family and Kenyans in condoling with them. I pray that the good Lord will rest his soul in eternal peace and I vow deeply that the value and work he put, the sacrifices he made will not go down in vain. We shall remember that we should not let ourselves and our country slide back to where we were at that time, to have won that freedom that we have today.

Yes, Sen. (Prof.) Ongeri.

Mr. Speaker, Sir, I rise to give my condolences to one of our greatest heroes in this country, Hon. Kenneth Njindo Matiba. I came into contact with him in the early years. He had just finished Makerere University and I was doing my medicine course. When we came on a vacation actually on an inaugural flight, he was seated in Gill House in charge of higher education. At that time, in 1960 it was a colonial government although we had some very limited democracy at that time. 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.

hat this is one man who has fought for this nation. He has given it all. All that you can give is your own health. As a doctor, when I look at his condition and how he has suffered, it reminds me that we thank God for the favour that he has given him that now he has rested, his family should not suffer any more pains whatsoever. He was a great man who had a tremendous memory. I urge the Government to do whatever is needed to be done in terms of reparation for the past, present and future without much delay so that Matiba’s family lives in comfort, even after this period of mourning.

Thank you, Mr. Speaker, Sir. I would like to join my colleagues in sending my condolences to the family of Hon. Kenneth Matiba. As a young girl in 1992, I remember very vividly how my family was pro Matiba. I was very awake to politics by then. In fact, it was the year I became interested in politics. To me, Hon. Matiba stood out as a very courageous leader. This is something good to emulate. His life was ultimately sacrificed for all of us here today. This was a man who had built a vast empire in the hotel industry and top tier schools in the country. However, it was unfortunate to see his property being auctioned because of bad politics and Government’s intimidation against this hero. I also join others in saying that we should not always just stand up only when one passes away and talk about how great they were and then move on to our mundane lives and forget about them until another hero dies. We, as Kenyans, it is time we started recognizing our heroes and their contribution to this country. We must have a place in history for them for posterity. Three generations from now should be able to read and know about such great heroes of Kenya. As I talk about Matiba, we know there are many heroes and heroines like the late Prof. Wangari The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I want to join my colleagues in paying tribute to Hon. Matiba. I first knew him when I was in Form Two in Alliance High School. I knew him on the day he was appointed as the Permanent Secretary in the Ministry of Education. On that day, he came to Alliance High School and we interacted with him. As Sen. Orengo said, he left Alliance High School with a good record. As a student, he was disciplined, focused and gave his best in whatever task he was given to do at the school. In fact, the staff of Alliance High School almost worshiped him when he came to the school. They were happy that President Jomo Kenyatta had appointed him to head an important Ministry of Education. While in Form Two, we continued interacting with him. He would visit the school because his greatest friend was the son of Stephen Smith who was then the Deputy Head Master of Alliance High School since the year 1927. Later on, all his businesses were done in partnership with the son of Stephen Smith. On one occasion when I was the School Captain and there was a great famine in Kenya, he visited the school. Through interactions, I asked him what we, as students, could do to contribute towards alleviating the great famine. He gave me ideas like missing out on some meals because we did not have money. Under my leadership, we executed that idea. We forfeited the 10.00 a.m. and 4.00 p.m. tea. We also denied ourselves meat on one Sunday. We were able to save a reasonable amount of cash at that time. I was given an appointment with the then Vice President through him to present a cheque in support of alleviating famine in the country. In yesterday’s newspapers, you may have seen a picture of me and the then Vice President, Daniel Toroitich Arap Moi, Hon. Matiba and the Head Master of Alliance High School, Laurie Campbell. That was how it happened. One of Matiba’s children did her pupilage in my law firm Kaplan & Stratton

Honourable Senators, I request the remaining speakers to limit themselves to three minutes because we also have something serious to discuss.

Mr. Speaker, Sir, I also stand to join my colleagues in condoling with the family of the late Hon. Kenneth Matiba. I thank you for allowing us time to give our tributes because giving our special attention to it is important. The late Matiba served this country. Many of us may not have the personal experience with him but from what we have known, heard and read about him, he is one of the leaders who sacrificed his life and even his family for the sake of this country. It is unfortunate that as a nation, we only celebrate heroes after they are gone. Today we are all speaking about the late Matiba in a positive way when we all know that he and his family suffered for many years. Maybe sometimes they went without food and could not pay their medical bills and none of us bothered. That is a bad habit that we should overcome as Kenyans. It is important for us as a nation to accept and appreciate our leaders who have sacrificed for this country. During his time, the late Matiba fought for democracy that we all enjoy today. Unfortunately we all forgot him. So, it is in order that we stand with his family at this particular time. I want to send my condolences to his family and especially his wife Edith because I know what it means for a women to lose her husband and the pain that she is going through at this particular time. The suffering and pain they have gone through when the late Mheshimiwa was alive should be avoided. Instead, we should lead the family to a healing session. The two principals have already given support but it will only be in order if we fully apologise as a nation for the offence we committed against the family and see how we can reconcile, so that they feel that Kenyans are with them because the death of the late Matiba is not only a loss to the family but also to the entire nation. So, it is prudent for us to stand with them. Thank you for inviting us to join you tomorrow so that we can go and condole with the family. Let us see how else the entire nation can support the family so that they can mourn their loved one in a dignified way. Thank you.

Sen. (Dr.) Langat, your time is up.

Thank you Mr. Speaker, Sir, for allowing me to join my colleagues in sending condolences to the family of the late Hon. Matiba. As a ‘parliamentary millennium’ – if I can use that term – in 1992, at the height of his political activities, I was a standard one pupil so I cannot say much about what happened.

If my fellow Senators are surprised by that, they should then question where Sen. Cherargei and Sen. Chebeni were. If I was in class one at that time, they must have been in diapers.

Mr. Speaker, Sir, for us, as a country, it is good to be introspective in moments like this; we need to look back and reflect. What is the lesson that young people of my age can draw from us, as a nation? When they look at the life of the late Hon. Matiba and see how he suffered, despite his contribution to our nation, the big question in their mind is, was it worth it? Was it worth it to risk his life, suffer and live a very difficult life in the latter part of his life; and despite all the contributions and sacrifices, not be recognized? It is no wonder that many of the young people that now ascend to public offices do not rhyme with the tune that we are trying to push, of putting the country first. They wonder which country we are talking about. They wonder if it is the same country where, if one is to get hurt, there is nothing they will be paid as compensation. They, instead, end up pilfering public resources and doing everything for self and nothing for the country. We need to reflect deeply upon this. I have seen the amount of the court award given to Hon. Matiba as compensation; it is a very small fraction of what can be considered to be compensation. What is it that somebody can give you for you to say that I am properly paid for a life that was disrupted in the way that Hon. Matiba’s life was? Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. On behalf of the people of Homa Bay County and on my personal behalf, I wish to convey deep condolences to the family of Hon. Kenneth Matiba. In Homa Bay, 60 per cent of the people are below the age of 25 and, so, I speak on behalf of people who probably did not experience the kind of difficulties that the late Hon. Kenneth Matiba, Hon. Rubia, Hon. Jaramogi and other historical figures went through. I speak for a generation that did not experience difficulties but has benefitted from the sacrifices of great men and women. When this generation mourns Hon. Kenneth Matiba, all we can do is say thank you. This is because The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for allowing me to add my voice and my condolences to that of my fellow Senators and yourself. The historical perspective and the work of Hon. Matiba – may his soul rest in peace – has already been well articulated by people who were there and are more qualified than ourselves to do so. I am, therefore, not going to go there. However, I am going to use his demise to look forward. Of course, the loss of a family member is greatest for his family, and I condole with that family and hope that God will give them strength to deal with their loss. However, fellowship in a country or citizenship also constitutes to an extended family and, therefore, I feel a sort of kinship to the family of Hon. Matiba and would like to condole with them as such as a fellow Kenyan. Mr. Speaker, Sir, having said that, having not known him that well and having not been part of the history, I would like to look forward and this is what disturbs me. Are we living the spirit of Hon. Kenneth Matiba, which is one of sacrifice, adherence to rule of law and having institutions which respect the rights, freedoms and the Constitution that we are enjoying today? Are we doing that now, even as we look back? I know that a lot of us have talked about reflecting and looking back. However, looking at today as we look at ourselves and introspect, are we living up to the legacy, spirit and values for which he ultimately gave his life? 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, Senator. Proceed, Sen. (Prof.) Ekal.

Thank you, Mr. Speaker, Sir, for giving me the chance to also condole with the family of Hon. Matiba. I also join my fellow Senators in voicing our concern and feeling that Hon. Kenneth Matiba should not have gone through the pain he went through in life just because he differed with the forces that were there at the time. It is very important for us, Kenyans, to realise that differing with somebody does not mean that the person becomes a demon or a creature from another space. It is just that human beings are created, born and think differently. Therefore, we have varied thoughts on issues. So, as Kenyans, for this not to be repeated, we need to learn from history and right the wrongs that have been done before to individuals like Matiba. It is not only on us to condole or to say we are sorry that he has passed on and so on; what needs to be done is something good for the family that the late Mr. Matiba has left behind. That means that whatever Mr. Matiba may have been accused of should be righted. At the same time, something good should be done for the family so that they can take care of their businesses and live a better life than the one Mr. Matiba lived towards the end of his life. Mr. Speaker, Sir, I hope that Kenyans learn from history. Some of us were not born at the time when Mr. Matiba was there, but we have read a lot about him in books, newspapers and so on. On behalf of the great county of Turkana, I would like to urge that we do something good for the late Mr. Matiba and his family. Thank you very much.

Proceed, Sen. Cherargei.

Thank you, Mr. Speaker, Sir, for this opportunity to be part of the colleague Senators who have passed their deepest condolences to the Matiba family due to the passing on of the great icon of democracy. He also had serious entrepreneurial skills at the time when many people believed that one had to steal to be wealthy. As we celebrate his life, we need to note that he has done a lot to ensure that the country has opened up for democracy and that there are more opportunities in tonnes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Faki.

Asante sana, Bwana Spika kwa kunipa fursa hii kujiunga na Wakenya wengine na wakaazi wa Murang’a kuomboleza kifo cha hayati Matiba. Sisi watu wa Pwani, tulimtambua Matiba kama mwekezaji mkubwa katika biashara ya utalii katika eneo la Pwani. Vile vile, alikuwa rafiki mkubwa wa Pwani kwa sababu wakati alipokuwa akiwaania kiti cha Kenya Football Federation (KFF) kama mwenyekiti, Pwani ndio ilimuunga mkono wa kwanza ndiyo nchi nzima ikafuata badaaye. Kwa hivyo, tunamtambua hayati Matiba kama kiongozi ambaye alikuwa akiwapa kipaumbele Wakenya ambao hawakubahatika kijamii, aidha kimasomo, kibiashara na katika hali zingine za kijamii. Kifo cha Matiba pia kinatukumbusha wale wengine ambao walitangulia kufa kama vile marehemu Salim Ahmed Bamahriz ambao walikuwa pamoja naye katika chama cha Forum for the Restoration of Democracy (FORD) Asili wakipigania uhuru wa pili wa nchi ya Kenya. Kwa sasa, sisi kama Wakenya, jambo la kusikitisha ni kwamba bado tunayapata yale mambo ambayo Matiba alipigania katika nchi yetu ya Kenya. Kwa mfano, mambo kama kura kuibiwa na watu kuuawa kiholela wakidai haki zao bado yanaendelea kufanyika katika nchi ya Kenya. Haya ni kinyume cha yale malengo ambayo Matiba na wenzake walipigania wakati tulipopigania uhuru wa pili. Kwa hivyo, bado tuna safari ndefu sana ya kupigania haki yetu katika nchi hii kuhakikisha kwamba tumepata uhuru kwa Wakenya, hasa wale wadogo ambao hawakubahatika kuwa na fursa za kibiashara ama za elimu kama wale wengine ambao wako katika mamlaka. 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.

Finally, Sen. Kang’ata.

Mr. Speaker, Sir, if you do not mind, I request that you add me some few minutes so that I can adequately eulogise Mr. Matiba. First and foremost, I would like to say that I was raised in a place called Murang’a Town but I hail from a place called Kahuya Gathinja. Incidentally, that is where Stanley Njindo Matiba comes from. So, he was my village mate by virtue of the fact that we come from the same place. Matiba became prominent because of several things: One, he did something that was quite unthinkable in our region. He defeated a person called Kiano who was a very prominent Minister between 1963 and 1979. No one ever thought Kiano could be defeated because, first, he had a stature of becoming a president and secondly, he was the first person to get a PhD in this country. Therefore, for a person to defeat Kiano, it was history in the making. When Matiba came to Kiharu Constituency, he was able to do that revolution in 1979 that made him to become a household name. For those who can recall those days, when I was not yet born, by then Kiharu Constituency was called Mbiri Constituency and it was always being serialised in the newspapers. After he won that seat, Matiba again won the same seat in 1983 and 1988. He again did another unthinkable thing; he resigned from the Government of Moi and decided to venture into private things. Apart from that, Matiba also had a very unique history by virtue of having been a Permanent Secretary (PS) at the age of 31 years old. That was about 1961, 1963 or 1964. He decided not to be a PS to accumulate wealth and resigned to venture in private business. He then became the chairperson of the East African Breweries Limited (EABL) at a very tender age. He was able to accumulate a lot of wealth and became a rich man. When he decided, in 1989, to start agitation for multipartyism, it was quite a unique experience. This was because there were so many other people who wanted to concentrate on their private endeavours, but Matiba on his own motion said “no, let me fight for multipartyism.” I was told that when he called the press conference at Chester House, there was a senior politician by then from our region, who I will not mention, who was to accompany him. He agreed with Matiba to meet at Chester House to announce how they were going to fight the government only for Matiba to find himself alone at Chester House with the media. So, he made that announcement, he was then arrested and you all know the history that followed. However, because of being taken into detention, his personal health suffered and his businesses started to deteriorate. Unlike other rich people who always 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 so much, Senators, for the messages of condolence to the family. I gave it a lot of time because of the kind of person that we are talking about. We move on to the next Order.

.: Thank you, Mr. Speaker, Sir. I beg to move:- That the County Governments (Amendment) No.2) Bill (Senate Bills No.7 of 2017) be now read a Second Time.

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

What is your point of order?

Mr. Speaker, Sir, what was remaining in the Food Security Bill was a reply. I had consulted with Sen. Mutula Kilonzo Jnr., considering that this Bill will be debated for some time. I request that you allow me to reply to the Food Security Bill so that we can then continue with the Bill by Sen. Mutula Kilonzo Jnr.

.: Mr. Speaker, Sir, I had asked the same question. In the Order Paper it reads: ‘Resumption of debate for The Food Security Bill”. However, you have the discretion under Standing Order No. 40, to rule that the Mover replies so that I can move the other Bill.

For the convenience of the House, we move to Order No. 7.

Thank you, Mr. Speaker, Sir. I suspect that we were at the stage where I was supposed to reply. Is there any other person that was to contribute?

The other person who was to contribute is not here. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. First of all, I want to thank everybody for very incisive contributions on the Food Security Bill. This is a Bill that is anchored in Article 43 of the Constitution on the social economic rights. It is an important Bill because the right to adequate, quality and quantity food is important. As a Senate, we have a responsibility to ensure that Article 43 of the Constitution on social economic rights does not sit pretty in the Constitution without being implemented. We should provide a structure of governance that can facilitate it. Everybody in this House agrees that it is important that this Bill is made into law. The question which we agreed the Committee on Agriculture, Livestock and Fisheries must look at before we get into Third Reading, is whether we need another parastatal under this Act as proposed here to carry out the responsibilities in the Act. We need to think through the role of the National Drought Management Authority (NDMA) and other bodies working on matters of food security and see whether we can amalgamate their responsibilities under one entity. That will be guided by the Committee on Agriculture, Livestock and Fisheries. I believe they will do robust public participation to facilitate a proper discussion. We do not also want a situation where the State trading enterprises are growing to a level where they cannot be managed. There is no need to create another body with nine board members and a Chief Executive Officer (CEO) and spend more money on overheads and recurrent expenditure at the expense of proper development. Mr. Speaker, Sir, once this Bill is passed, it will obligate the State to do the things that are provided for under it, for example, to report on the status of food security in the country. It will also ensure that matters related to distribution and supply of food to needy communities and areas, are not only dealt with by the national Government, but also by county governments. We have been sent here to be the solution and not complainants. That is what I have been telling my colleagues. Sometimes we go to a public rally in the villages and towns and the only thing we do is to complain. Even where we are the solution to the problem, we just complain. It is easy to make a name by complaining, but difficult to work hard and ensure that we are delivering on the promises we made to our people. As hon. MPs, let us also do something instead of complaining year in, year out. Those of us who come from maize growing areas, let us do something to alleviate the plight of our farmers. If we are dealing with cartels that are in the agricultural sector, let us ensure that we are facilitating the process of reporting and ensuring that information is given to Government officers so that we deal with them. I am speaking with a lot of authority because I supplied maize last time to the National Cereals and Produce Board (NCPB). I am among those farmers who have not been paid. I called the NCPB Director and the Cabinet Secretary (CS) and they told me this is the first time in our history, farmers have not been paid for maize worth Kshs7 billion. When you look at the audit and try to find out where exactly these farmers are coming from, you will be shocked to learn that we do not have maize worth Kshs7 billion from farmers in the Republic of Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you. So, we defer putting of the question to next time. So, ordered.

Next Order.

.: Thank you, Madam Temporary Speaker. I beg to move that The County Governments (Amendment) (No.2) Bill (Senate Bills No.7 of 2017) be now read a Second Time. The amendment that I have proposed on this Bill is pretty straight forward. However, it is important that I give the background of it. We had a very unfortunate incident in the last Session, where the Makueni County Government invoked the provisions of Article 92 for the suspension of that County Government. After the Petition was approved by the President, it was sent to the Senate for purposes of setting up the Commission that was to investigate the incident in Makueni County. However, even after the collection of all the signatures, the process and the public funds were spent, the Report of the Commission was sent to the President who exercised discretion to disagree with it. Madam Temporary Speaker, I had read a copy of the Report and other than the question of the suspension of Makueni County Government, there were several issues about Bills; the relationship between the county governments, what we would call Intra- Government Dispute Resolution Mechanism; and the question of budgets. Madam Temporary Speaker, despite all these good recommendations made by my senior, Mr. Mohamed Nyaoga, and his Commission, that Report never found its way into the Senate. I rose on a point of order and requested that the Executive do submit the Report. I asked the then Speaker, Hon. Ekwee Ethuro, to issue directions on the tabling of that Report. Despite the directions given by the then Speaker of the Senate, that Report never found its way to the Senate, possibly because there was no method of enforcing the direction of the Speaker to compel the President to submit the Report to us to consider what would have been very good recommendations on how to deal with disputes like these, where the county assemblies and county governors have refused to agree. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you hon. Senator. Proceed, Sen. Were.

Thank you, Madam Temporary Speaker. I rise to second the County Governments (Amendment)(No.2) Bill (Senate Bills No.7 of 2017). The amendments to this Bill have been presented well by Sen. Mutula Kilonzo Jnr. Having been the Senator for Makueni County when it became the first county to experience this, he is well placed to bring these amendments with best experiences. Madam Temporary Speaker, the amendments are important because they are bringing in the role of the Senate in the processing of the termination of a county government or in the processing of its suspension. This is whereby both the petition and the report will be submitted to the Senate for deliberation, because it will be submitted to the relevant Committees to discuss further. The amendments also deal with a lacuna in the law and, therefore, provide clarity by taking care of it. The recommendations from the commission of inquiry that will have been established by the President to determine the suspension or termination of a county government will also give the Senate an opportunity to come up with further policies or legislative proposals to help improve our interactions or oversight on county governments. I, therefore, second this Bill with those remarks. Thank you, Madam Temporary Speaker.

Sen. (Prof.) Kamar: Thank you. Proceed, Sen. Linturi.

Madam Temporary Speaker, you have not proposed the question.

Sen. (Prof.) Kamar): Proceed, Senate Minority Leader.

Thank you very much, Madam Temporary Speaker. I wish to support this Bill and thank the Senator for Makueni County, Sen. Mutula Kilonzo Jnr., for being very fastidious, first in terms of the amount of work he produces in this Senate in terms of Bills and other Business that he constantly presents before the Senate. Additionally, I thank him for having a hawk eye in relation to areas in the law that are not clear, have gaps and may have a lacuna that needs to be addressed. This is something that we are not doing well enough because as it emerges in the execution of the law, many times you find that problems are experienced not because the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Hon. Senators, before we proceed, I have a communication to make.

(Sen. (Prof.) Kamar): Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting students from Starehe Boys Centre, Nairobi 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 on my own behalf, I wish them a fruitful visit. Thank you. Sen. Halake Abshiro, you can have the Floor.

Thank you, Madam Temporary Speaker. I rise to support the County Governments (Amendment) (No.2) Bill (Senate Bills No. 7 of 2017). This Bill, as it has been well articulated by Senator Orengo gives effect to our mandate as Senators of protecting, improving and streamlining county governments. Therefore, it is an important Bill that we, as Senators, should focus on and take seriously. It clarifies many things for us. As you know, the County Governments Act of 2012 was enacted before devolution and, therefore, by now a lot of the provisions of this Act are obsolete. I want to congratulate Sen. Mutula Kilonzo Jnr. for reviewing it. One of the things that I have noticed as an area of gap for us as a House is review of existing laws and legislations. We are perhaps doing quite well with new laws and legislations, but review of existing laws and legislations is where there are a lot of gaps. Sen. Mutula Kilonzo Jnr., has done well to make sure that the County Governments Act of 2012 has been reviewed, made more current, relevant and streamlined. It is more aligned to the provisions of our Constitution and the mandate of the Senate in Article 96. The Bill clarifies the commencement of the sittings of the county assemblies which has been under a provisional arrangement. It puts in place a legal framework for the establishment of the office of the Deputy Speaker of the county assembly. There was a gap there. It clarifies the removal of the Speaker of the county assembly. It has also streamlined the process of recall of County Assembly Members (MCAs) as well as their selection. Madam Temporary Speaker, as you know, any institution is as good as the people it has on board. Therefore, how they come on board and how they vacate office is very important. We have talked a lot about the capacity, structure and systems and process of counties that had been deemed to be below optimal. But what this Bill does is to optimise all these things that have in the past been areas that we needed to improve. Who are better placed to do this than this Senate? Sen. Mutula Kilonzo Jnr. did well to streamline these things.

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): Your time is not over. I think there is a problem with the microphone. Please move to the front because you still have time.

Madam Temporary Speaker, as I was saying, this Bill will review many things to make them more relevant. It will also streamline things to ensure the capacity, processes and systems in counties are optimal for delivery of services at the county level. This Bill provides for the legal framework for the assumption of office by the governor and deputy governor and appointment of new deputy governor. It will also ensure the independence, professional and promotion of equity in the systems especially in selection and vacation of office. I hope that the Committee will look into the issues of equity or equality to streamline the two-thirds gender rule. Even though this has not been passed, if our systems and processes support the inclusion of women, the youth and persons with disabilities and other vulnerable groups, then this Bill will have done justice. I am looking at the gaps concerning vacancies and issues of voting as well. Of particular interest to me as a nominated Senator is Article 123 of the Constitution which provides for voting in the Senate by county delegations and that when the Senate votes on a matter that does not affect counties, each Senator then shall have one vote. Clause 12 of this Bill seeks to amend Section 33(7) of the County Governments Act on voting by a majority of all the Members of the Senate to uphold any impeachment and charges to align it with the provisions of the Constitution. So this Bill seeks to align to the provisions of the Constitution regarding any impeachment or vacation of office. You will notice that Clauses 14 to 17 seek to streamline appointment processes in the counties. The governor will be required to come up with a selection panel when recruiting the county secretary. It also provides for circumstances under which the office of a chief officer becomes vacant. All the processes that governors have been accused of doing single-handled in the past will be streamlined to ensure the process of bringing people on board and how they vacate office is followed. Clause 21 seeks to introduce a new provision that will set up the framework of promoting equity. I hope that all the vulnerable groups will be taken care of by the Committee. Therefore, this Bill will improve the procedures and processes in the county governments to ensure the realisation of devolution. As a Senate, we have the mandate to protect county governments and protection of county governments definitely means protection of institutions, processes and systems including human resource, revenue and customer service. I think this Bill is timely and it about our mandate. I am very proud and happy that the Senate is taking its rightful place as a protector and a streamliner of the county governments. With those few remarks, Madam Temporary Speaker, I beg to support and congratulate the Sponsor of this Bill who is Sen. Mutula Kilonzo Jnr. As the Senate, 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.

(Sen. (Prof.) Kamar.): Sen. Omogeni had placed a request to contribute but he is out of the Chamber.

(Sen. (Prof.) Kamar.): Yes, Sen. Mwaruma.

Thank you, Madam Temporary Speaker, for this opportunity. This is a very important Bill because it is very central and gives our role as Senators being defenders of counties and county governments. However, none of the Members here is interested to contribute. I stand pursuant to Standing Order No.99 to move that the debate be adjourned.

(Sen. (Prof.) Kamar.): Any seconder?

Madam Temporary Speaker, I stand to second the adjournment of the debate for the reasons that have been stated by the Hon. Senator for Taita-Taveta, Jones Mwaruma.

(Sen. (Prof.) Kamar.): Hon. Senators, having received that request under Standing Order No.99, I now propose the question.

Since nobody wishes to debate, I will put the question.

So, the debate is adjourned. That was Order No.6. We had already cleared Order No.7 and Order No.8 had been deferred earlier. That brings us to the end of business of the day.

(Sen. (Prof.) Kamar.): Hon. Members, having concluded the business of the day, the Senate therefore stands adjourned until Tuesday, 8th May, 2018, at 2.30 p.m. as per our Calendar. The Senate rose at 5.05 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.