Hon. Senators, it is my pleasure to welcome you back from the recess on this first day of the second part of the Second Session. This part will take us up to mid-June, 2018. It is my sincere hope that you had a pleasant recess and had opportunity to engage with constituents in your respective counties. Hon. Senators, before we went on recess, the Senate conducted a substantial amount of business in line with its mandate as provided in the Constitution. We managed to publish a total of 21 Bills, passed 4 Bills and negatived 1. As we resume sittings, let us all be aware that our in-tray is full as the following business is still pending:- (1) 2 Bills are at Committee State; (2) 12 Bills are at Second Reading Stage; (3) 2 Bills are due for First Reading; and, (4) 9 Petitions are before committees. It is my sincere hope that the same zeal and dedication that you have shown in handling business before the Senate will be exhibited as we seek to fully exercise our role as the overseer of the devolved system of governance. Hon. Senators, over the recess period, two critical events took place in the Calendar of the Senate. These were the Senate Leadership Forum held in Nakuru County between 4th to 7th April, 2018 and the 5th Devolution Conference held in Kakamega County between 23rd and 27th April, 2018. You will agree with me that these two events offered the Senate an opportunity to articulate pertinent issues in the discourse on devolution and participate in charting a way forward to address emerging challenges. I take this opportunity to thank honourable Senators who actively participated in these two events and made invaluable contribution to their success. 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 Nos. 220(1)(a) and 224(2)(b), I hereby report to the Senate that a petition has been submitted, through the Clerk, by forty-eight (48) residents of West Pokot County, concerning alleged deteriorating healthcare services in the county. As you are aware, Article 119(1) of the Constitution provides that, “Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation.” In the Petition, the petitioners have outlined the following issues, which they state have compromised the quality of healthcare services offered to residents of West Pokot County:- (a) That, there has been rampant theft of key healthcare instruments and equipment at Kapenguria County Referral Hospital, the latest being that of an ultra-sound machine, without adequate measures being put in place to address the matter; (b) That, the Deputy Governor of the county also serves as the County Executive Committee Member in charge of Health, which the petitioners state has denied the healthcare department the attention it requires; (c) That, the recruitment of healthcare workers in the county has been carried out on the basis of political affiliations and not on merit or competency, thus compromising the quality of services offered; and, (d) That, there has been undue harassment, as well as irregular transfers and demotions of healthcare staff in the county deemed to be loyal to the previous county governor. The petitioners, therefore, pray that the Senate investigates this matter and makes appropriate recommendations thereon. Among the proposals made by the petitioners are for the Senate to direct that a forensic audit be carried out on the medical equipment acquired by the county and its current status, as well as a human resource audit and job evaluation of all healthcare workers in the county. Hon. Senators, pursuant to Standing Order No.226, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes.

Mr. Speaker, Sir, thank you for giving me a chance to speak on this important petition. However, before I speak on it, I want to take this opportunity to welcome my colleagues back. I hope that this House will take seriously the business that we have heard is in our tray, so that we achieve more than what we achieved before we went on recess. On this Petition, I want to congratulate the petitioners from West Pokot who thought about the health of their county. We need to empower more of our counties to 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. Sen. Seneta has addressed a lot of pertinent issues that affect many counties. I want to join her in congratulating West Pokot for coming up with such a Petition. Health is a pertinent issue and a matter that affects the whole country. All the issues raised regarding human resource, security of equipment and poor health care services, where people cannot even get panadol or paracetamol in those hospitals, affect most of the counties. Cases where staffs are hired based on political alignment are happening in most counties. We need to look at how staff are recruited in most of those counties. A lot of money is spent by the Government in making sure that people get proper service delivery, especially on matters health. This is because health is an important component and a fundamental right where all Kenyans are supposed to be safe.Unfortunately, what is happening in most counties is a challenging aspect. We have not moved from where we were five years ago despite the Government pumping in a lot of money. This Petition is timely and I hope that its report and findings will enlighten us in terms of certain areas that we need to tighten as a Senate, to make sure that Kenyans get service delivery. One of the things that we need to do as a Senate is to make sure that the formulation of policies and standards is left with the National Government. If we leave the setting of standards of healthcare services to the counties, then we are killing that particular service delivery. This was even discussed in the 11th Parliament. It is a critical matter that this Senate should look into and see if we can get a legislation to control the standards that are kept by most of those hospitals. I support the Petition. 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 also join my colleagues in congratulating the residents of West Pokot for bringing this very important Petition. I believe that the health of our people is one of the very important things in this nation. Since health has been devolved to the county governments, bringing this Petition is something admirable, and the Petitioners should be congratulated for the timely move. This is because they are pointing out the issues that have been befalling the health sector in the counties. From what the Petitioners have brought forward, these issues are not only being experienced in West Pokot, but across the country. We have seen a lot of health facilities being built across the counties but without the human resource. We could have the doctors, but no medication despite the billions that have been given to the counties towards health. This has to be looked into. We have also had issues to do with the security of the equipment in these health facilities. We are all aware of how much the counties are paying for the leased equipment and the amount of money spent when buying the equipment. We, therefore, cannot have the equipment lying around without security. That is important and it is a matter that needs to be looked into. Finally, we have the issue of harassment of workers in these health facilities across the counties. We have seen cases where new governors come into office and tend not to treat the human resource that was left by the previous administration properly. This is something that should not happen because it leads to very low morale and lack of good services to the people across the counties. This is a timely Petition and we look forward to hear what the Committee will bring forth.

Thank you, Mr. Speaker, Sir. Before I make my contribution on this matter, I would like to welcome you and my colleagues back. I hope that this session will support devolution. I would like to make several comments on this Petition. I am very impressed by the action taken by the citizens of West Pokot. I hope that with the Public Participation Bill that is coming and the spirit of public participation, other counties will follow suit. As I stand here, I have received a lot of pictures from my own county - Narok County - where citizens are complaining about the deteriorating healthcare facilities. It is imperative for the county assemblies to also take note of that because those citizens who petition the Senate could have actually even started by petitioning the county assembly which is locally based where they are. Mr. Speaker, Sir, I hope that the Committee which will look at this Petition will get an opportunity not only to visit the healthcare facilities in West Pokot County, but also in all the 47 counties. This will encourage more citizens and the County Executive Committee (CEC)Members in charge of health to do their work effectively. Mr. Speaker, Sir, I am surprised that in this case, the Deputy Governor of West Pokot is also the CEC in charge of health. By virtue of him serving in such a big position, he should have put it as a priority to ensure the healthcare facilities in West Pokot County are up to standards. I am, therefore, very surprised. In the last session, we complained about deputy governors not having any portfolio and just sitting idle. This is why the governor of that particular county has gone 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 take this opportunity to thank the residents of West Pokot County for bringing this Petition before the Senate. Indeed, the people of Kitui County and, perhaps, Kenyans across the 47 counties experience the same pain that the residents of West Pokot County experience as far as health matters are concerned. Concerning this Petition, I request the relevant Committee to extend the scrutiny to all the 47 counties in the country. It is very appalling when you pay a visit to health facilities anywhere in this country. This is because you will find health facilities labelled as ‘Level 4’ hospitals, but when you get in there, it is a pity the kind of facilities and treatment that are offered there. 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 add my voice in welcoming back the Senate and congratulating the residents of West Pokot County for bringing up this Petition to this House. Health is a devolved function and is fundamental to the survival of a nation. Unless health is taken care of in a judicious manner that will help the citizens appreciate the services being offered to them, it can become a disaster. Right now, we are going through the ravages of storm waters and the heavy rains pouring down and as a health professional, I am fully aware that this is the time when people get communicable diseases. This is particularly so for the infectious diseases, which set in, in any given community where there is heavy flooding and where sewage and other items are mixed together with the normal drinking water. This can even happen when our children are walking in any of the streets going to school, to town or other places in a rural setting like in West Pokot. Therefore, we must make a very clear distinction between what is curative medicine and what is preventive and promotive medicine. I am saying so because the management of these elements will help both the county and the national Governments to appreciate the level of health management systems in our county governments. The devolution conference on healthcare delivery facilities was very instructive. Therefore, I wish that this Petition will be a fore-runner of many other Petitions that will come from the counties. This will then allow us to spend more time and give more input so as to help our counties to appreciate the enormity of health issues, particularly as it relates to their own citizens within the counties. Mr. Speaker, Sir, I plead that the relevant committee moves with speed to address this issue.We will be quite happy to share experiences in these types of committees so that they can come up with recommendations which will have a lasting solution to the healthcare systems in our counties. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. Allow me to also welcome you and other Members back from the recess. It has been reported that we have been on a five week holiday; it has not been a holiday. You mentioned some of the events that we have been involved in, not to forget that committees have also been working actively. This Petition from West Pokot County comes from a county where the Governor was a Member of this House. He was a steadfast defender of devolution and very articulate when it came to shortcomings of county governments and how they could be bridged. What I increasingly see with many of the petitions is that – yes, every Kenyan 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. Although mine is not on the petition, I was just waiting to make a statement after the Petition. It is just in anticipation. The Speaker (Hon. Lusaka): Okay. Proceed, Sen. (Dr.) Musuruve.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to add my voice to this Petition. I commend the residents of West Pokot County for this Petition. Health is a basic need that we cannot ignore. If the residents have an issue, the Governor needs to realise that there is an issue that needs to be addressed. While at the Devolution Conference, health came out very strongly as one of the Big Four Agenda items. Therefore, we cannot afford not to listen to this Petition. Mr. Speaker, Sir, I support Sen. Olekina, who observed that the Governor of Kakamega County, H.E Oparanya, is doing a commendable job. I insist that all governors should do what Governor Oparanya is doing because we need deliverables in the health sector. For us to have deliverables, governors need to be sensitive, especially to the issues of the health of their residents. If the health sector is ailing, all sectors in this country will ail as well. We cannot have a productive nation if citizens are not healthy. I, therefore, thank the petitioners and I suggest that the Governor should know that it is well meaning for this Petition to be brought to the Senate. This is because governors will be sensitive to the issues of their people and address them. 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 thank the Almighty God who took care of us as we traversed our counties during the vacation. I am happy to see that our Senators are back healthy and ready to work. Mr. Speaker, Sir, let me begin by commending the people of West Pokot County,who are enjoying the fruits of the new Constitution of Kenya 2010. I hope that residents from other counties across the country will know the benefits that this Constitution accords to the people of Kenya. I know people who served in the 1970s to early 1990s never had an opportunity of having a citizen that is aware and well informed of their rights. Just imagine what is before us today; this is a Petition by the people of West Pokot and it represents the residents of each ward from West Pokot, invoking their constitutional right under Article 119 of the Constitution to petition the Senate. I commend those residents, and I am happy that the people of Kenya are now well informed of their rights and they are ready to hold their county governments accountable. Having said that, let me state that this Petition gives the Senate an opportunity to demonstrate to the country and the people of Kenya that, indeed, we have teeth and we can bite. The issues that are raised in this petition are quite serious. These residents have raised issues of theft of hospital equipment and instruments. They are raising are very serious concern that a deputy governor has been appointed to be the County Executive Committee (CEC) member in charge of health. They are raising an issue of harassment, irregular and malicious transfers and demotion of health staff. Luckily, I serve in the Senate Committee on Health and I want to assure this House that we will be seized of this Petition. We will do justice to it to ensure that we fully investigate and report to the House on the serious allegations that have been brought forth. However, I think our governors need to understand that if there was a devolved docket that is key to the citizens of this country, it is health. I would hope and believe that each governor will pay due attention to all matters dealing with health. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us finally have Sen. Khaniri.

Mr. Speaker, Sir, I thank you. I was not in when you presented this Petition and was not going to make a comment until I listened to Sen. M. Kajwang’. He made a contribution to the effect that maybe this Petition does not merit being one; that maybe it qualifies to be a police case or something of the sort. Mr. Speaker, Sir, I state categorically that, first of all, I hail and commend the patriotic residents of West Pokot, who have petitioned this House on this matter. Health is a fundamental right as provided for in our Constitution. It is very clear in Chapter Four that health is one of the fundamental rights that Kenyans must enjoy courtesy of our Constitution, 2010. Being a devolved function, it is directly under us, as the Senate, being the custodian of devolution, to ensure that Kenyans enjoy this fundamental right. We cannot sit back and see Kenyans suffering and not enjoying the rights that are provided for them without doing anything. I agree fully with the Senior Counsel, Sen. Omogeni, who said that this Petition presents us with an opportunity to demonstrate that, indeed, the Senate cares about the people that we represent in the counties. We are ready and willing to address issues that they bring to this House. Mr. Speaker, Sir, the allegations being made here are very serious and grave. I hope the Senate Committee on Health – I hope this Petition will be committed to this Committee – will look into these allegations very seriously. This is because the prayers are that we investigate the matter and make appropriate recommendations thereon, which is very valid. We, therefore, thank them for bringing this Petition. Weassure these residents that we will be seized of this matter and make sure that they get justice. Mr. Speaker, Sir, Standing Order 226(2) is very clear; that once the matter is committed to a Committee, the Committee will have sixty days. This is one of those petitions that I plead with the Senate Committee on Health to ensure that they restrict themselves to the limitation period of sixty days. This is so that we have this report in the sixty days and ensure that we respond to this Petition in time. I thank you.

Honourable Senators, pursuant to Standing Order No 226(1), the Petition stands Committed to the Senate Committee on Health. In terms of Standing Order No 226(2), the Committee is required, in not more than 60 days from the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Tuesday 8thMay, 2018: STATE OF THE NATION ADDRESS BY H.E. THE PRESIDENT The State of the Nation Address by H.E. the President delivered on Wednesday 2nd May, 2018, at a joint sitting of Parliament. ANNUAL REPORT ON REALIZATION OF NATIONAL VALUES The first Annual Report on the measures taken and the progress achieved in the realization of the national values. ANNUAL REPORT ON FULFILLMENT OF INTERNATIONAL OBLIGATIONS The First Annual Report on Progress Made on the Fulfillment of the International Obligations of the Republic. ANNUAL REPORT ON THE STATE OF SECURITY The First Annual Report on State of Security. THIRD ANNUAL REPORT (2014/2015) OF THE OFFICE OF DPP The Third Annual Report (2014/2015) of the Office of the Director of Public Prosecutions. FOURTH ANNUAL REPORT (2015/2016) OF THE DPP The Fourth Annual (2015/2016) of the Office of the Director of Public Prosecutions. NTSA REGULATIONS ON OPERATION OF COMMERCIAL VEHICLES The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Next order.

Mr. Speaker, Sir, I beg to give notice of the following Motion: THAT, pursuant to Standing Order 24 (6), the Thanks of the Senate be recorded for the exposition of public policy contained in the Address of H. E. the President delivered on Wednesday, 2nd May, 2018 and further that the Senate notes the following Reports submitted by H.E. the President in fulfillment of Articles 132 (1) (c) and 240 (7) of the Constitution, laid on the Table of the House on Tuesday, 8th May, 2018- (i) Report on the Measures Taken and the Progress Achieved in the Realization of National Values; (ii) Report on Progress made in Fulfillment of the International Obligations of the Republic; and (iii) Report on the State of Security. STANDARD POLICY REGULATION FOR CONSTRUCTION AND MAINTENANCE OF RURAL ACCESS ROADS

Mr. Speaker, Sir, I beg to give notice of the following Motion: AWARE that infrastructure development and specifically, construction of roads is a key pillar of Kenya’s vision 2030 whose The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Next Order!

Thank you very much, Mr. Speaker, Sir. This statement was requested by the Chief Whip. We had discussed about it. She raised a concern about Ndabibi Farm in Naivasha whereby quite a number of people have lost their lives and others have been injured because of two groups who are claiming ownership of the land; but some progress is being made now. The land is now subdivided to the people. We have agreed with my Committee, the Committee on National Security, Defence and Foreign Relations, that we will at an opportune moment, visit Ndabibi Farm to see the progress.

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

Mr. Speaker, Sir, the statement sought is ready. I have quite a number of statements, looking at today’s Order Paper. I have received all of them this afternoon. I have consulted with various Senators who had sought most of the statements from my Committee. They had not had an opportunity to look at them. Therefore, we agreed that we share with them the statements, and then, we can issue them tomorrow. They would have taken cognizance and gone through the statements. CONSTRUCTION OF BRIDGES IN VARIOUS AREAS OF ISIOLO COUNTY COLLAPSE AND CUT-OFF OF A SECTION OF NAROK-MAI MAHIU ROAD DELAY IN UPGRADING THE LAMU–GARSEN ROAD

What is your point of order, Sen. Kajwang’?

Mr. Speaker, Sir, you have previously ruled on statements. There are many statements on the Order Paper, almost 30. You have previously said that when the Member requesting for a statement is not present and the statement is ready, then the matter is either dropped or read in the House. 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 Chairman is also not here. We will handle it when he is back. Proceed, Chairperson of Standing Committee on National Security, Defence and Foreign Relations. AUCTIONING OF CATTLE OF KENYAN HERDERS BY THE TANZANIAN GOVERNMENT

Mr. Speaker, Sir, I have the statement but unfortunately the Senator who asked the question says he is not ready. He has taken a copy to read. So ---

We defer it?

It is okay, Mr. Speaker, Sir.

Where is the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries?

Let us have the Chairperson of the Standing Committee on Information, Communication and Technology. SHUTDOWN OF THREE PRIVATELY OWNED TELEVISION STATIONS

Thank you, Mr. Speaker, Sir. We have a response. Unfortunately we just gave it to Sen. Wetangula not too long ago. It was because I had a bit of challenge finding --- I have sent it to your email, Sen. Wetangula. Even if you received it, if you wish I could read it out

Proceed.

Mr. Speaker, Sir, on Wednesday 14th, February, 2018, Sen. Wetangula requested for a statement from the Chairperson of the Standing Committee on Information, Communication and Technology regarding the shutdown of the three privately owned television networks. In the statement he had sought to be given answers as to the reasons that led to the Government decision to shut down the three privately owned television stations; whether the Chairman was aware that the action of shutting down the television stations led to business losses to the affected companies and decreased investor confidence in our country; whether he is aware that the shutdown was The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I can see an intervention by Sen. (Eng.) Maina.

Mr. Speaker, Sir, this question came before the “handshake”. I think what we are dwelling on are events that had happened before the handshake. The handshake is a new dawn which calls for us not to go back to old wounds which may not reflect well on the important agenda of unifying Kenya. I feel that if we dwell on this subject we will be dwelling on old wounds. If we can remember, in his address to this Parliament, he dwelt much on the unity that we should focus on. He said that we should forgive and forget what has happened. I think this is one of the incidences that we went through and you saw the kind of demonstrations. If anything, this should be handled by the committee where Sen. Haji is a Member. I thank you.

On a point of order, Mr. Speaker, Sir. I think it is important that we listen to that statement. I know we have forgiven each other and apologised to each other and moved on. However, for the sake of prosperity and moving forward, it is important that we listen to the answers to these questions in order to deal with the future.

Okay, I direct that we listen to the statement but if there are any discussions, they should be done with the handshake in mind. Proceed Senator.

Thank you Mr. Speaker, Sir. The committee further invited the CS to appear before it on Tuesday, 6th March, 2018 and he appeared. At the sitting, the CS presented that he could not respond to the issues of television shut down as there was a civil case before the courts and that would amount to a subjudice. He further responded to the issue on account that it was a decision of the National Security Council. 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, from the explanation from the Vice Chair of the committee, you can see that all she has given us is a history and a litany of the committee’s inability to get any information on the matter and I thank her for acknowledging that she does not have a satisfactory answer. The questions that I raised in this statement are pertinent and they cannot be wished away, washed or swept under the carpet on the basis of the handshake because some of the issues that occurred leading to this statement are criminal acts. For example, confining the editors in the studios of Nation Media Group overnight under false imprisonment is not a matter that has any relationship with the handshake. It is excessive behaviour by the police that needs to be dealt with. Shutting down televisions stations is a matter that goes far beyond any comprehension in terms of freedom of the media, the right to inform, the right to disseminate information and, above all, the confidence of private investment because you lose money when your institutions such as televisions stations are, arbitrarily and without an explanation, closed down. You can see the charade that the committee went through, with the CS only eventually coming to say the matter is subjudice without giving details. The rules of this House are; a matter being in court is not enough to injunct this House or any committee. It has to be directly related to and directly affecting the process of inquiry. I want to agree with the distinguished Senator that we give her time to bring more information, so that we interrogate this matter further, not because it is going to open old boxes but because it is going to seal the possibility of a repeat state of impunity in the future, that nobody can simply wake up and shut down stations and start telling us that it is another Ministry or so and so should be asked. There is collective responsibility in Government and we cannot allow ping pong in dealing with matters of such a grave nature. I suggest that you give us another date. The distinguished Senator did not ask how long she wishes to have so that she comes with a satisfactory answer for interrogation.

How long do you want? 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 do not know. This is something that started in February and we are in May. If the hon. Senator is willing to wait, the better, but I will wait as long as it takes to provide an answer.

I will allow you at least two weeks to bring us a satisfactory answer. Hon. Senators, I have a communication to make.

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Soy Secondary School in Elgeyo-Marakwet County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and on my own behalf wish them a fruitful visit. I thank you.

Next Order!

On a point of order Mr. Speaker, Sir. CONTINGENCY PLANS TO MITIGATE ADVERSE EFFECTS OF HEAVY DOWNPOUR ON INFRASTRUCTURE

What is your point of order, Sen. Sakaja?

Thank you Mr. Speaker, Sir. I want to seek you indulgence. There is a Statement that I had asked for that affects all of us. It was on the state of drainage and the roads in Nairobi City County. It is not scheduled, and as you can see, the rains are ravaging through the country at this point. I will ask that you direct that it is, at least, issued tomorrow or latest Thursday for us to know what is happening within the city. There are some schools where we have had to evacuate in parts of the city. We want to understand what is happening between the National Government and the county government in dealing with the issue of our roads and drainage in Nairobi City County.

Secretariat, let us schedule it for tomorrow.

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

What is your point of order,Sen. Wambua? COAL EXPLORATION AT MUI BASIN, KITUI COUNTY

Thank you, Mr. Speaker, Sir. I stand to also make a similar request. There is a Statement that I had sought on the status of the exploration of coal in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

We can also have that tomorrow.

Thank you Mr. Speaker, Sir. I wish to move:- THAT, pursuant to Standing Order 24 (6), the thanks of the Senate be recorded for the exposition of public policy contained in the Address of the President delivered on Wednesday, 2nd May, 2018 and further the Senate notes the following Reports submitted by H.E. the President in fulfillment of Articles 132 (1) (c) and 240 (7) of the Constitution, laid on the Table of the House on Tuesday, 8th May, 2018- (i) Report on the measures taken and the progress achieved in the realization of national values; (ii) Report on progress made in fulfillment of the international obligations of the Republic; and (iii) Report on the state of security. I wish to take this opportunity to move this particular Motion pursuant to Article 132(1)(c) which requires the President to report, once every year in the address to the nation, of all the measures taken and progress achieved in realization of the national values under Article 10. He is also to provide a report on the progress made in fulfilling the international obligations of the Republic of Kenya. The Address of 2nd May, 2018, at the Joint Sitting of the Senate and the National Assembly was the first of its kind because it was the first Address by His Excellency after his re-election. What was covered in the Address of the President was a tribute to Hon. Kenneth Matiba who was a patriot of this country who contributed a lot to its Constitution. I believe that the House, led by you, visited the family and condoled with them. I wish to take this opportunity to thank the Senate for that and to pray that the Almighty rests his soul in peace. In his Address, His Excellency the President mentioned the work of the 11th Parliament that facilitated the implementation and came up with operationalization of the Constitution. I believe that the last Senate did that by putting legislation in place at the county levels and the national level. A lot has been done though there are some gaps and loopholes in terms of the legislations that are already in place. I believe that relevant committees will look at those legislations and ensure that they effectively address the concerns. I will ask this House to support the President by ensuring that we protect the interests of devolution in this country. Part of our role and the major mandate of the Senate is to ensure that devolution works. Having come up with the Constitution and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to second the State of the Nation Address which was done last week. The President has shown Kenyans which way we should go. When you paraphrase and read through his speech, you see that he dwelt mainly on the issues of the economy of this nation and how it should be propelled to a higher level in order to assist Kenyans to live profitably and peacefully within the borders of Kenya. It was a major message that was pronounced in the precincts of the National Assembly, where all of us sat together and listened very patiently. In fact, he gave a chronology of how the devolution process has taken place. He went to greater depth that Sen Dullo has already enumerated on division of revenue between the national The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Ongeri. You said that time was not kind on you. It is you who was not kind on time. Very well. Order Senators.

Mr. Speaker, Sir, I thank you for giving me an opportunity to contribute to this Motion. I also wish to welcome you and other Senators for this Session. One of the things that spoke to my heart is the President’s apology. That was humbling. His statement was healing and unifying. Our President has made history again. First, he accepted a court verdict that nullified his election. He made history. He is the first sitting President whose election was nullified and he accepted. That is also humbling. The other thing that I found humbling about him and His Excellency the Right Hon. Raila Odinga is the handshake. As Sen. (Prof.) Ongeri and the Senate Majority Leader has commented, that also brought the political temperatures of this country down. That has a very high consequence in terms of the economy and the development of this country. In the same strength, if the President of this country has apologised, the rest should follow suit, for example, the Cabinet Secretary for Interior and Coordination of National Government. Some people lost their lives. Also, some pockets of police brutality have been reported. I urge the Cabinet Secretary for Interior and Coordination of National Government to apologise on behalf of the police. In addition, some times, we politicians, when we take the microphone we say very hurtful things with drastic consequences, including, destabilizing communities. If you have said anything hurtful, please also apologise. The worst thing I said to hon. Raila Odinga was, “let him go home.” When you want your presidential candidate to win, you want the other party to go home. I also apologise for that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you Senator. We will now have Sen. Olekina.

Mr. Deputy Speaker, Sir, thank you for giving me an opportunity to comment on the speech by His Excellency the President of the Republic of Kenya. From the outset, I want to congratulate the President for recognising the late Kenneth Matiba for having given his life for patriotism. This is something that I hope that this country and particularly the President’s administration will go out and look for all the people who go through pain and give a lot for the sake of this country called Kenya. I know that there are people who fought for this country that were never recognised. I know that there are Maasais out there who also fought hard for the sake of this country but are never recognised. The President took time to seek for forgiveness because it was evident that certain administrations hurt the late Hon. Kenneth Matiba. I would call it “the President’s first address to Parliament” because you will remember that during the first address, some of us were “resisting.” This time round we sat there and listened to the President.

(Sen. (Prof.) Kindiki): Order Senator! Just say that was your first attendance.

That was my first attendance, Mr. Deputy Speaker, Sir. I am sure I will be speaking on behalf of some of us who are not here.

(Sen. (Prof.) Kindiki): Anything else is controversial.

Mr. Deputy Speaker, Sir, that notwithstanding, I want to move to the contents of the President’s speech. I want to talk about his comment on the achievements of the Eleventh Parliament. I congratulate him for having mentioned that the Eleventh Parliament was tasked to implement the new constitutional dispensation. The question is whether the Eleventh Parliament fully implemented the Constitution. I know we still have challenges and I hope that this Senate will take things seriously in terms of ensuring that we fight for devolution. During the transitioning period, many counties did not declare all their assets and liabilities. I know that this function has now been passed over to the Intergovernmental Relations Technical Committee. Even though that was a task given to the Eleventh Parliament, I hope that this Senate will keep the counties on their toes to ensure that all counties account for their assets and liabilities. I now want to move to the other part of the President’s speech. He talked about the support that his Government has given devolution. It is true and I agree with him that devolution is no longer a baby. Since then, devolution has grown and for lack of a better word, it is now a “teenager” or an “adult.” This Senate should now push for more resources to go to the counties. The President also spoke about corruption. Everyone in this country will admit that corruption is a cancer which is tearing us apart. Being very open and honest, it is a cancer that I doubt we will ever find a cure for. The President said that he is ready to fully act on corruption. I will be very happy to see the President punishing people because there are a lot of the “untouchables.” A lot of things happen and recently we saw in the news hooligans attacking someone who is the head of a business community. That is corruption! The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Kindiki): Thank you, Senator. Proceed, Sen. Kihika.

Thank you, Mr. Deputy Speaker, Sir for giving me this opportunity to stand here and contribute to the Motion on the State of the Nation Address by His Excellency the President. Having listened to the President’s speech last week, there are a few issues I picked out that I thought to be important as we move forward to his next term. We, as the Senate, are very concerned and involved in making sure that devolution works. The President was able to give us his score card. In so doing, we know his administration has been very supportive of devolution and has made a huge commitment to making sure that devolution works. We have seen that by the increased resource allocation since 2013. We know that the Constitution only requires a 15 per cent threshold, but the President’s administration has gone far and above that. In 2013/2014 Financial Year, Kshs210 billion was allocated to the counties and now in 2017/2018 Financial Year we have a sum of Kshs327 billion allocated to the counties which is a great increase. It is about 56 per cent in five years. That shows a lot of commitment to making sure devolution works. It will only work once more resources are devolved to counties. We have also seen very successful Huduma Centres across the country. This has been helpful to many Kenyans in our counties. It offers registration services right at the counties. The process of getting national identification cards has been streamlined. Kenyans are able to get them fast. In the past, it would take a long time for a Kenyan to be issued with it. With the advent of these centres across the country, there has also been an increase in improved National Social Security Fund (NSSF) and National Hospital Insurance Fund (NHIF) services which also fits in the President’s speech on the Big Four Agenda; one of them being health. We obviously keep urging, as he did, that our people on the ground sign up for NHIF because the hospital bills have become very exorbitant. I am sure that every politician inside or outside this House would know that, since we have had to do a lot of fundraisers to cater for medical services of some of our people when they are hospitalized. We have also raised funds to assist their kin and kith who The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to contribute to the Motion on the Floor about the Presidential Address on Wednesday, 2nd May, 2018. I applaud our President for coming up with this Speech that touched the lives of Kenyans, including leaders and the communities at the grassroots. The President touched on so many issues that affect Kenyans and the progress that Kenyans and different arms of Government have made. He made some statements on the issue of housing. I am totally impressed with the Big Four Agendas of the President, housing being one of them. The President wants to see every Kenyan having a decent home or roof over his head. It is one of the best dreams that every leader would want to embrace if they love their nation and citizens. I urge fellow Senators to dream big like our President. It is very impressive to see our President working towards the improvement of the housing sector. Kenya has some of some of the biggest slums in Africa. We, therefore, need to support the President by coming up with the policies and systems that can work towards fulfilling the Big Four Agenda, housing being one of them. The President, in his Speech, touched on devolution. He said that in the spirit of upholding devolution, his administration has initiated the Huduma Mashinani Programme. In this Programme, there is registration of persons and the National Hospital Insurance Fund (NHIF) and National Social Security Fund (NSSF). All those services will be accessible to our citizens. I think that is one of the initiatives that all Kenyans The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you. Let us have Sen. Mugo.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to add my voice on this Presidential exposé of the State of the Nation which is well articulated, and, of course, delivered. I congratulate the President for the well thought out Big Four Agenda. The Big Four Agenda is definitely the foundation to changing this country in terms of making it industrialised so that it will offer jobs, have food on the table for each of its citizens, give affordable health care and dignity to its citizens. It is true as Sen. Fahriya said; that Kenya was at par with some tiger countries or even better several in the early the 1970s. In fact, Singapore and South Korea were at the same level with us, but today, they are much ahead of us. We should ask ourselves why we were left so behind. We may want only to blame the administration. Yes, at some stage, it was to blame. At the beginning, we were at par, but then slackened somewhere. However, the time has come for us to take off again. I would like the citizenry of this country to know that the President can only do so much. The administration can pay the policies and give the enabling environment. However, it is we, Kenyans, to decide what we want for our country. I was very distressed, for example, to hear that Ndaka-ini Dam was only a quarter full with all the rain and that Nairobi will soon experience water rationing. It was even on the British Broadcasting Corporation (BBC) that some people interfered with the flow of water into the dam, so that the cartels can sell water in Nairobi. If that is the mentality 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.) Kindiki): Senator, you have one minute.

Mr. Deputy Speaker, Sir, I was coming to an end. I thank everybody. We all appreciate these four areas of development. We are all now speaking in one voice because of the handshake which we witnessed. I am sure development will be much faster. We will achieve all these goals. Mr. Deputy Speaker, Sir, with those remarks, I beg to support and commend the President.

Mr. Deputy Speaker, Sir, I thank you for the opportunity. I rise to congratulate His Excellency the President for a well-researched presentation that he gave us in the House. The President did a thorough analysis of the past; where we have come from and pointed to where we are going in the next five years. The past has had its challenges as outlined in the speech of His Excellency the President but there is a lot of hope in the future. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Kamar. We have heard you. Could we hear from Sen. (Dr.) Musuruve in spite of what Sen. (Prof.) Kamar has just said.

Thank you very much, Mr. Deputy Speaker, Sir, for the opportunity that you have accorded me to add my voice to this debate. Thank you, Sen. (Prof.) Kamar, for your observation on the gender issue. I am sure that all Kenyans and the President have heard. I am certain that he will do something about it.

I commend the President for the Address that he gave, which was an all-round speech. He touched on political, social and economic issues. I also thank him because his Address was all inclusive. He addressed all kinds of people: men, women, the marginalised and people with disabilities, albeit narrowly. I remember the President’s Address as if I heard it two hours ago. It is still memorable. One thing that came out so strongly in his Address is the issue of forgiveness. That was a very humbling statement that should never go unnoticed. It is biblical that when kings or leaders humble themselves and ask their followers to ask for forgiveness, the whole nation is healed and God forgives them. It happened in the Bible times when Jonah was asked to go and deliver a message of doom but when the king heard of that, he asked all his people to put on sack clothes and repent and when they did that, God changed His mind. That presidential statement gives us favour before God for it carries so much. Our nation will be healed and I can see prosperity. It was also very humbling when the President came out to state that he and Hon. Raila Amolo Odinga had decided to put 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, Sen. (Dr.) Musuruve. Proceed, Sen. Mary Yiane Seneta.

Thank you, Madam Temporary Speaker, for giving me a chance to add my voice to the Speech made by His Excellency, the President in the State of the Nation Address. The ideas in the Speech were excellent, unifying and gave hope. The President touched on many areas but only a few of them are of great concern and if addressed well, will go a long way in helping him to leave a better legacy. The President assured Kenyans of his support for devolution. He also discussed the challenges that were faced in the beginning of his term which was also the start of devolution. We were implementing a new Constitution which started in his first term as the President. He also talked about how much funds have been invested in devolution and how much needs to be invested. This will go a long way in enhancing development in all the 47 counties. The Constitution has clearly put the framework for allocating money to the counties unlike before where money used to be allocated through the Central Government. This time round, counties get equal resources. Therefore, all the 47 counties will be developed. The President also touched a lot on unity. He promised to unite Kenyans especially after a long divisive campaigning period and electioneering year that has divided Kenyans along tribal and party lines. Therefore, he urged Kenyans to come together and forgive each other in the spirit of the ‘handshake’. This was great. I urge all leaders, both in the county governments and in the national Government to unify Kenyans through the ‘handshake’. The President also talked about corruption and assured Kenyans of his commitment in fighting the vice. Corruption has denied Kenyans development in many areas. Kenyans are losing millions of money through this vice. Therefore, the assurance of the President was encouraging. For it come to reality, all leaders from all levels and all Kenyans should join hands with the President in fighting corruption. Corruption is not only about stealing money; it is also about denying Kenyans the little service they need. Today, many Kenyans do not get timely services. You go to a hospital and Kenyans are lining up for services. In the universities placements, students are not given that priority and in our institutions, you are attended to according to who knows you better. This vice needs to be fought hard by everyone. I congratulate the President for saying that he will not condone anybody who will loot this country’s property even in terms of justice. Mr. Temporary Speaker, Sir, the other thing that impressed me in the President’s Speech is his Big Four Agenda. He talked of housing, health, food security and manufacturing. Looking at these four agendas, if they are well addressed, I think the issues which are facing this country like unemployment will be addressed. When we talk of manufacturing, instead of importing many products, we shall be able to manufacture our own and buy them cheaply because we shall use our raw materials and also employ our youth in those manufacturing industries and plants. I think we should sit down with the Executive and with the help of Legislators, both in the National Assembly and the Senate, implement his agenda, especially the manufacturing 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.

(Sen. (Prof.) Kamar): Thank you, Senator. Let us have Sen. Cherargei.

Thank you, Madam Temporary Speaker, for this opportunity. I join my colleagues in thanking the President for the wonderful State of the Nation Address. I agree with most of what my colleagues have said regarding what the President mentioned. All of us agree that this is the first time, after the ‘handshake’ that he was addressing the nation from the platform of unity, development and focus, especially on the Big Four Agenda. I thank the President because he highlighted some of the key achievements over the last five years and laid down the basis for his legacy, going forward. There are many things that my colleagues and the President raised, which I support. On the issue of infrastructure, my own county has benefited from the 10,000 kilometre road network. Recently, we were in Kakamega and we could tell the importance of infrastructure. It spurs economic development at the lowest level as much as one can go. That is the way to go. Secondly, I applaud the President on the issue of the Last Mile Connectivity. This is because when some of us were very young - although we are still young- electricity was a privilege. Electricity was only accessible by the wealthy. However, now even the ordinary mwananchi can access it. I think it is in line with the socioeconomic rights that have been provided for within our Constitution. Every Kenyan now regardless of their status and where they live can access electricity. I know that we may be having challenges regarding the billing of electricity and the tokens, but I hope that the Ministry of Energy will remain focused and steadfast. This is because some of the bills we got from the beginning of this year have been very astronomical, without proper explanation. We should not burden the people at the lowest level, because most Kenyans are living on below a Dollar a day. Therefore, as much as we applaud the President for this wonderful issue of Last Mile Connectivity - I know most counties are going to benefit - the billing system at the Kenya Power Company should be relooked at, so that we do consumer protection and guard against exploitation of customers that get electricity. We cannot over-emphasise the issue of infrastructure. You and I come from the same region of the North Rift and we are excited that the President mentioned about the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I thank you for giving me this opportunity to add my voice to this Motion. The President’s Speech was well researched and thought out. First of all, he started by reminding all the legislators that they are representatives of the people in this House. Therefore, we have a role to play. Secondly, one very special thing that the President mentioned was the fact that devolution is succeeding. In the just concluded Devolution Conference in Kakamega, there were people who were still doubting that devolution has succeeded, but the funding that has gone to the counties is a pointer that devolution is growing from strength to 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): Order, hon. Senators. Sen. (Dr.) Milgo, you have a balance of seven minutes when we resume. On the priority line will be Sen. Lokorio Petronilla Were, followed by Sen. Wario Golich Juma. Hon. Senators, having concluded the business of the day, it is now time to adjourn the House. The Senate therefore, stands adjourned until Wednesday, 9th 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.