Hon Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting officers from the county assemblies of Taita Taveta, Kilifi, Marsabit, Nandi, Bomet, Mandera, Kisii, West Pokot, Murang’a, Meru, Machakos, Busia, Nyeri and Homa Bay who are currently undertaking the County Legislative Attachment Programme. 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. VISITING DELEGATION FROM ST. JOSEPH’S HIGH SCHOOL, TAITA-TAVETA COUNTY I would also like to acknowledge the presence, in the public gallery this afternoon, of visiting students and teachers from St. Joseph’s High School, Taita-Taveta 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. 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 Paper on the Table of the Senate today, Wednesday, 9th May, 2018: Half Year Report of the Controller of Budget on National Government budget implementation for Financial Year 2017/2018.

Could the Chairperson of the Standing Committee on National Cohesion, Equal Opportunity and Regional Integration issue a statement on the alleged abuse of Human Rights of Persons with Disabilities? The Chairperson is not in; we will come to it later. DELAY IN HANDING OVER OF THE LAKE BASIN MALL TO LBDA Could the Chairperson of the Standing Committee on Devolution and Intergovernmental Relations issue a statement on delay in handing over of the Lake Basin Mall in Kisumu? The Chairperson is not in; we will come to it later. STATUS OF THE PHYSICAL DEVELOPMENT PLAN FOR SOUTH C ESTATE, NAIROBI CITY COUNTY Could the Chairperson of the Standing Committee on Roads and Transportation issue a statement on status of the Physical Development Plan for South C Estate in Nairobi? The Chairperson is not in; we will come to it later. CONSTRUCTION OF BRIDGES IN VARIOUS AREAS OF ISIOLO COUNTY Could the Chairperson of the Standing Committee on Roads and Transportation issue a statement on the status of construction of bridges in Isiolo County? The Chairperson is not in; we will come to it later. 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, this Statement was taken to the Committee on Energy. I have an approval from the Speaker that it should go there for it is supposed to be dealt with by that Committee. In the last parliamentary term, it was being handled by the same Committee.

Have you forwarded it to the Committee on Energy?

Yes, Mr. Speaker, Sir, it was forwarded to the Committee on Energy.

Can we get a response from the Chairperson of the Standing Committee on Energy. Is the Chairperson here?

Mr. Speaker, Sir, the Chairperson is not here but I will stand in his place as a Member of the Committee. I will follow up on that. We request for two weeks to get a response to the House.

Sen. Mutula Kilonzo Jnr., are you happy with the response?

Mr. Speaker, Sir, I am extremely displeased. The last time the Statement was supposed to be issued, it was not reached and no communication was issued. You gave them a maximum of two weeks at that time. This is one of the worst environmental disasters in this country. There is no reason why the Committee on Energy has not sought the Statement. This is a follow-up. Could you sanction this Committee? I am surprised that the Senate Majority Whip has no information because it is not enough to just say the Statement will be ready in two weeks. Will it be ready in two weeks because the information has not been issued? It appears to me that the Senate Majority Whip does not know what you are exactly asking.

Sen. Mutula Kilonzo Jnr., you are imputing improper motives. I am sure the Senate Majority Whip knows.

Mr. Speaker, Sir, the Senate Minority Whip is out of order. I am sure that I understood the question. I have heard that the request was transferred to the Committee on Energy. We were on recess but now that we are back, we will be able to get that answer to the House within the next two weeks, if that is agreeable with you.

I direct that you issue the Statement next week. If it has just been transferred, it means the response was there. The Chairperson, Standing Committee on Lands, Environment and Natural Resources should bring a response of the two Statements in one week. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Next Statement! DUMPING OF ASBESTOS AT NGULU KIKUMBULYU WARD IN MAKUENI COUNTY

Mr. Speaker, Sir, I have the answer to the Statement. The Ministry of Environment and Forestry is aware of the existence of the said disposal site for asbestos. The National Environment Management Authority (NEMA) has licensed the waste of asbestos site in Kikumbulyu Ward, in Kibwezi West sub-county in Makueni County as the disposal site---

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

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

Mr. Speaker, Sir, is the Chairperson in order to issue a Statement without giving a copy to me?

This question is directed to the Chair. Could I please get the response from the Chair and not from everybody?

Mr. Speaker, Sir, the Statement is supposed to be within this Chamber.

The Statement cannot not walk into the Chamber and just be within.

Mr. Speaker, Sir, I had requested for a copy of the Statement and I was told it is in the Chamber. I am also surprised that the Senator has not gotten his copy of the Statement.

Mr. Speaker, Sir, now he has received a copy of the Statement----

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

What is your point of order, Sen. Haji?

Mr. Speaker, Sir, I have a dozen Statements here. However, most of the Senators are saying that they have not received their copies. It is not the work of 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

That has been the procedure. The secretariat needs to improve on that area because we have heard these complaints. Sen. Mutula Kilonzo Jnr., now that you have a copy, can he proceed?

Mr. Speaker, Sir, would you kindly allow me five minutes to flip through? I am a fast reader. Could you skip this order to the next order?

Chairperson, hold on. We will come back to you in a short while.

That is fine, Mr. Speaker, Sir.

The Chairperson, Standing Committee on Energy has to issue a Statement on the Status of coal exploration in Mui Basin. COAL EXPLORATION AT MUI BASIN, KITUI COUNTY

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

What is your point of order, Sen. Wambua?

Mr. Speaker, Sir, I request for direction from the Chair on this matter. The Statement on the issue of coal in Mui Basin was delivered to me in March this year. The Chairman of the Committee made a commitment that the following day, he will present a detailed Statement on this matter. As we speak today, the Cabinet Secretary in charge of Energy has already visited the area and a new company has been given the concession to exploit the resource. On the 15th of this month, the County Government of Kitui has called for a stakeholders’ meeting on this matter. Mr. Speaker, Sir, I request your office to give direction on how to proceed with the Chairperson of the Committee on Energy.

The Chair is not in the Chamber. The Senate Deputy Majority Leader, could you undertake to follow up the matter and give us a report by Tuesday, next week?

I will do so, Mr. Speaker, Sir.

It is so ruled.

The Chairperson, Standing Committee on Lands, Environment and Natural Resources to issue a Statement on human wildlife conflict and livestock predation in Wajir. HUMAN-WILDLIFE CONFLICT AND LIVESTOCK PREDATION IN WAJIR COUNTY

Mr. Speaker, Sir, I had given an answer to this Statement sometime back; on the human-wildlife conflict and livestock predation in Wajir County. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. I thought a ruling was made that if a Senator is away with the permission of the Speaker, then his or her Statement should wait until he or she comes back. If the Senator is away without permission, then the Statement can proceed.

I thought that I ruled otherwise. What you are saying is the exact opposite of what I ruled.

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 protecting me. 2015 - Kshs 171,316,000 2016 - Kshs 695,914,500 2017 - Kshs 21,210,000 The total is Kshs587,879,000. Mr. Speaker, Sir, water trucking has been carried out, especially during times of severe droughts that occasion wildlife to move from their habitats to human settlements causing conflict. In the Financial Year 2016/2017, Kshs410,000 was allocated by the national Government towards provision of water to wildlife in Wajir County. There have been enhanced foot patrols in human-wildlife conflict hotspots in Wajir East and Wajir West sub-counties, in addition to education and awareness creation programmes through public barazas . The Wildlife Conservation and Management Act, 2013 provides for the establishment of county wildlife conservation and compensation committees comprised of a chairperson appointed by the Cabinet Secretary (CS) through a competitive process;four persons not being public servants nominated by community wildlife associations, a representative of the county government and other relevant technical officers at the county government levels. This committee, with facilitation from the national Government, deliberates on all compensation cases at the county level and recommends payments for the claimants, after which it forwards its recommendations to the Ministry for approval and payment of the claim. Mr. Speaker, Sir, communities can claim compensation for human death, injuries, livestock loss and damage to crops and properties occasioned by wildlife as stipulated in Section 25(1) and (4) of the Wildlife Conservation and Management Act, 2013. With the approval of the Ministerial compensation committees, all claims recommended by CWCCCs are processed and then approved for payment by the national Treasury. Claims of human death cases arising from the list of wildlife species given under the Third Schedule of the Act are entitled to a payment of Kshs5 million. Injuries resulting to permanent disability get Kshs3 million, while other injuries are paid up to Kshs2 million depending on the degree of injury as prescribed by a medical doctor. Property destruction, livestock predation and crop damage caused by wildlife species under the Third Schedule are paid according to the extent of the destruction and prevailing market rates in the county. Out of a total of 1,168 cases of conflict recorded in the period, 566 claims totaling Kshs38,250,000 were paid by the Government. These were claims for human death and injuries only, as property was not covered under the retired Wildlife Act Cap 376, between 2008 and 2013. A total of 1,316 cases have not been paid as they were deferred or rejected by the then district compensation committees. A total of 586 cases which occurred when the Wildlife Conservation and Management Act, 2013, came into effect have already been deliberated by Wajir County Wildlife Conservation and Compensation Committee (WCWCCC) and are awaiting discussion by the Ministerial Compensation Committee. 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, Chairperson. Sen. (Prof.) Ongeri, proceed.

Mr. Speaker, Sir, while appreciating the answer given by the Chairperson of the Committee on Lands, Environment and Natural Resources, I realise that Sen. (Dr.) Ali raised this matter from the perspective of being a doctor – having been my student – and also having been a medical officer in Wajir County at some stage. There are a lot of marauding hyenas which maul people and destroy their property and livestock, coupled with the lions and the other cases. This seems to be a recurring story. What are the most effective methods put in place by the wildlife and conservation department to reduce the human carnage because it is a recurring feature, year in, year out? Livestock is the only mainstay of their livelihoods in Wajir County.

before you respond, Mr. Chairman, there is Sen. Dullo.

Thank you, Mr. Speaker, Sir. I appreciate the response given by the Chairman, but I really want to add to what Sen. (Prof.) Ongeri has said. This issue of wildlife-human conflict compensation is a matter that is affecting many counties, especially where I come from. To make the matter worse, the County Wildlife Conservation and Compensation Committees are not even sitting to deliberate on those matters. We have thousands and thousands of cases pending before them, but they are not addressing them because they have not been paid their honoraria. Mr. Speaker, Sir, there are some people who have lost their lives and were the main bread earners for their families. To date, even five or ten years down the line, the families have not been compensated. I humbly request the Chair to ask the Chairman to summon the Cabinet Secretary (CS), Ministry of Tourism and Wildlife to appear before the Committee of the whole House to answer these questions. Many families are suffering and those who are facing those challenges are still not being compensated. There is no solution to date. If those Committees are not operational, I do not know what answers we are being given here.

Mr. Chairman, I hope that you are noting the issues being raised. Let us have Sen. Seneta.

Thank you, Mr. Speaker, Sir, for giving me a chance to also appreciate the response given by the Chairman, concerning human-wildlife conflict. This is an issue that affects many of our counties and it concerns many of us here. For example, some time back, the Senator for Taita Taveta whom I am not seeing here sought a statement concerning the same. Kajiado County is the most affected by human-wildlife conflict. It is a pity the Chairman says there are many cases of deaths and injuries that have not been compensated. Could he tell us when our people will be compensated in all our counties? He says the Government has allocated a sum of Ksh410 million for construction of dams in Wajir County to mitigate against human-wildlife conflict. I would like to know what measures they are putting in place to control human-wildlife in Kajiado and in other counties. 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 question of compensation for human-wildlife related incidents has taken a very long time. Our people are not being compensated and yet we encourage tourism in this country because we have wildlife. However, wildlife is killing our people. I agree with Sen. Dullo that there is need for us to summon the CS and the director of Kenya Wildlife Service to come and explain what they are doing about compensation. Secondly, I can understand the value of hyenas in Maasai Mara and Amboseli game reserves. However, what value do they have in Wajir, Garissa and Mandera, besides killing people? No tourist is going there. I will appeal to our people to take spears and kill all the hyenas. We shall do so, if they do not act swiftly.

Let us have Sen. Khaniri.

Mr. Speaker, Sir, I want to, first of all, thank you for the opportunity and join my colleagues in hailing the Chairman for the elaborate response that he has given to the House. However, as noted by the good professor, Sen. (Prof.) Ongeri, cases of human- wildlife conflict are on the increase. I served as an Assistant Minister in the Ministry of Tourism and Wildlife. I know that year in, year out, the cases of wildlife-human conflicts are increasing. While I was there, we had initiated a programme to fence off all our game reserves and parks. I want to know from him how far the programme of fencing off has gone, so that we can reduce these cases. The Government seems to be spending so much money in compensating people and even that compensation is not enough. A compensation of Kshs400,000 for loss of life is a big joke. Mr. Speaker, Sir, you heard the good Chairman, Senate Committee on Security, Sen. Haji, saying that he will mobilise his people to take spears and kill wildlife.

hyenas.

Mr. Speaker, Sir, hyenas are wildlife.

Mr. Speaker, Sir, this is not the spirit of the Government and conservation. I want you to compel him to withdraw those remarks because they are against the Government policy and conservation policies of this Government in which he serves.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute. I can feel Sen. Haji because the same thing is happening in my county. People are being killed left, right and centre by these wild animals. The best we get is that they bring a lot of foreign exchange to this country. One, our livestock is eaten by leopards and lions. Our crops are destroyed every day by these wild animals. The worst thing is that the compensation is negligible and it takes many years to get before it is paid. 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, first of all, I understand where Sen. Haji, Senator of county No.007, is coming from. A very rare hyena was found in a place in Mbooni but before it was found it had already killed 400 livestock. Just one! What they did not know is that there is another one that is hiding and continuing to do the same. This matter must be taken seriously. Secondly, compensation, even for obvious deaths of human beings has taken long since 2014. The contradiction is this; if a person is found in the park, they are fined Kshs200,000 on the spot or go to jail but if your animals are killed or crops are destroyed, the Government tells you to wait for over 10 years. This matter is so serious. The Committee must first of all, interrogate the allocation that we give to this Ministry in terms of compensation. Lastly, there is an issue I want to bring to your attention because my county has a park. Every county is supposed to receive five per cent of the benefits of the park from the Government. That is the only way that the residents can protect themselves and get the benefit of having all these wildlife in their regions. Mr. Speaker, Sir, other than asking the Chairman to do what I know he would not do - this is one of those instances where he will not - the Cabinet Secretary should be summoned because this issue is serious. The President signed a law on wildlife conservation which says that once a person is killed by wildlife they are paid Kshs5 million. They have not paid anyone since 2014.

(Hon.) Lusaka): Hon. Senators, given the serious concerns raised on the Floor of the House by Senators, I direct the Committee on Lands, Environment and Natural Resources to write to the Cabinet Secretary concerned and his team to appear before the Committee in two weeks’ time and invite all Senators to attend that Committee sitting because of the seriousness of the matter.

Let us have the Chairperson of the Standing Committee on National Security, Defence and Foreign Relations to issue a statement on the shooting of residents by police in Luanda Market. SHOOTING OF RESIDENTS IN LUANDA MARKET, VIHIGA COUNTY

Mr. Speaker, Sir, I wish to state as follows:- The Government is aware that on 19th February, 2018, at around 3.00 p.m. two protesters and five others were injured at Luanda in Vihiga County. On 19th February, 2018, inmates were being escorted from Siaya Law Courts to Kodiaga Prison under the command of Chief Inspector Immanuel Butek. The inmates and the prison askaris were blocked on the highway by rioters numbering about 500. They wanted the askaris to release those who had been arrested. 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, this is the most absurd answer I have heard from this senior. If you may recall, his Vice Chair came with this answer and we sent him away because in the answer, he is insisting that two people were shot. I brought evidence of four people who were shot; their names, where they were treated and I tabled that information here. The Chairman is still insisting in his reply that only two people were shot. Can he tell us about these other two? Your Vice Chair came up with this answer, I raised the issues I am raising and he said he will revisit the answer and come up with a more comprehensive one. This was four months ago, when they said they had just opened the investigations. This answer was drawn in February. It is still the same answer he is reading to us; that, “we have just opened a file.” From February up to now, what has happened? They must have established some truths and facts in this case. So, you cannot come and read an answer that was drawn in February telling us that you have just opened an inquest into the matter yet it happened four months ago. Mr. Speaker, Sir, I thought the Chairman would come with a revised answer, considering what has been done up to now. The big question is; why should the police use live bullets on mwananchi? He is insisting that they have enough rubber bullets.

Mr. Speaker, Sir, when this answer was brought here by the distinguished Senator for Nairobi, it was inadequate, insufficient and more facts needed to be brought. My good friend the Chairman has come and read exactly the same answer as it was. I would like to ask him a question. From his answer, he says there was a riot; wananchi had barricaded the road using matatus and stones. Then he says, as a consequence the police shot in the air. If the police shot in the air, can the Chairman tell the House how Wellington got himself shot on his right shoulder and how Jackson got shot on the pelvic? You are shooting in the air! How do you get somebody shot on the pelvic and on the shoulder when you were shooting in the air? This does not add up. Secondly, could the Chairman assure this House that police using live bullets on

wherever they are and whatever the situation, must be brought to an end in this country. We have lost too many lives through reckless police handling of fire arms.

(Hon.) Lusaka): Chair, do you want to respond?

Mr. Speaker, Sir, there is serious dishonesty on the part of my brother, Sen. Khaniri. I gave him this statement to read. If it is true that it was read earlier, he should have pointed this out to me, and then, I would have gone back to find out. Not only that, this statement has appeared so many times on the Order Paper and to cover him--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Speaker, Sir. First, I want to defend myself because he said he read dishonesty in me. It is true and you were in the Chair when Sen. Sakaja who is his Vice Chair came with the same exact answer and you ruled that it was inadequate. So, it is wrong for him to claim that I am dishonest. The Speaker ruled that this answer was inadequate and Sen. Sakaja, your Vice Chair, was asked to come up with a more elaborate answer. Be that as it may, we have raised questions here but he is not answering any questions but just lamenting. Could he respond to the specific issues that we raised? Sen. Wetangula has raised two issues and I have raised about three issues which he needs to respond to.

Mr. Speaker, Sir, I once stood in this House and raised the issue of police brutality. It is high time we handled this matter once and for all. We need to demand for statements and investigation reports from police brutality cases. I reminded this House that during our “resist” demonstration in Kisumu, we lost baby Pendo, a university students was shot in Meru and a high school student in Kisumu. Therefore, we should not just be limited to the question that Sen. Khaniri asked but expand on them to ensure that the police answer the questions of brutality. We are living in an insecure country. The other day, you saw a prominent leader in this country complaining about his security. You saw brother Francis Atwoli---

On a point of order, Mr. Speaker, Sir. Is the Senator for Kakamega in order to request for a statement from another statement? If he wants a fresh statement, he should request. Otherwise, he should limit himself to the current issue on the Floor of the House.

Sen. Malalah, confine yourself to the matter at hand.

Mr. Speaker, Sir, matters security cannot be limited to one case. I am just trying to guide the Chair that we are tired of getting answers which are not satisfactory and which will not help sort out the issue of police brutality. Therefore, I would like to urge the Chairperson to go back and do his homework well. We are demanding for that answer. We want to stop the issue of police brutality in Kenya.

Sen. Malalah, you are out of order. You will need to come up with another statement.

Mr. Speaker, Sir, I was concerned when Sen. Haji was answering the question because at some point he looked like he was very upset and he was pointing menacingly at Sen. Khaniri. Being a Member of “the committee of the handshake”, could you direct that he cools down his temper and extends his hand as opposed to using his fingers?

Hon. Senator, I want to make a ruling on this matter. It is clear that there is a disconnect between the Chair and his deputy. This answer 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 do not agree with the allegation made by Sen. Wetangula that I said the askaris shot in the air. I never said that.

I have already ruled on that matter.

Mr. Speaker, Sir, I did not raise an allegation. I read the statement the Chairman gave to Sen. Khaniri. On Page 2, he says; “On realising the inmates were likely to escape during the fracas, prison officers fired in the air.” This is in his statement. Then he goes on to say; “In the process of firing in the air, people were injured on the pelvis and another one on the shoulder.” That does not add up.

What you read in the statement and what I said is different. I never said that they shot in the air.

Order Members. I made a ruling on that matter. Let us proceed to the next statement. DELAYED COMPENSATION FOR PERSONS DISPLACED BY MANOONI DAM PROJECT IN MAKUENI

Mr. Speaker, Sir, I do not have the statement now but I will issue it tomorrow.

That is fine. You will issue it tomorrow.

On a point of order, Mr. Speaker, Sir. The Chairperson of the Committee on Lands, Environment and Natural Resources has got other several statements which have been pending for quite some time. Could he get the answers to those statements so that we dispense them off?

Is what you are asking before the House or are you anticipating that he will not have an answer? I think you need to be patient.

Mr. Speaker, Sir, how can he anticipate things that he does not know? How can he anticipate that I will not issue statements? He should be discussed.

Order Chair! I have already ruled---

Order, Sen. Olekina! Let us deal with the issues that are before the House. Next! 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 am going to issue a statement on this one. Over the years, the Ministry of Environment and Forestry through the National Environment Management Authority (NEMA) has established that there are serious encroachments on the riparian reserves of the rivers within the Nairobi City County and other urban areas in the country. In some occasions, paths of these rivers are deliberately diverted from the natural course. Some portions are reclaimed for informal settlement while other sections are narrowed hampering smooth flow of the river. During heavy rains, there are looming flood disasters within proximity of some paths of the rivers. The encroachment activities are very well-coordinated and achieved by intentional dumping of excavated materials from various construction sites within the city. The dumping is done to create more land for construction and upcoming informal structures. In other instances, developers deliberately put up structures on riparian reserves in violation of the laws and regulations on the Environmental Impact Assessment (EIA) license conditions. To address such incidences that would likely lead to severe impacts on the environment and the lives of the urban dwellers, the NEMA and lead agencies have undertaken several interventions as follows. A multisectoral agency team was formed in 2016 to check on the encroachment of riparian reserves by illegal developers and demolish illegal structures and unsafe buildings. The multi-sectoral team is chaired by the Secretary of the National Building Inspectorate, Nairobi, in the State Department of Housing and Development, and the National Environment Management Authority (NEMA), is a member. Since its inception, the team has audited 4,901 buildings countrywide according to its January, 2018 Report. Some of the developments have encroached on the riparian reserve and have been earmarked for demolition. NEMA has spearheaded the development of national harmonized riparian reserves for various water bodies in Kenya. NEMA has continued to license new developments and given them a condition requiring that a minimum riparian reserve of 6 metres and a minimum of 30 metres is allowed for development near rivers based on the highest record flood flow. NEMA Environmental Inspectors periodically conduct on-site inspections to ensure compliance with the set standards, guidelines and license conditions. I wish to confirm that the Government has several laws on the protection and management of riparian reserves including Environmental Management and Coordination Act, Cap 387 (EMCA), the Environmental Management and Co-ordination (Water Quality) Regulations, 2006, the Water Act 2002, the Surveys Act, Cap 299, the Agriculture Act, Cap 318, the Physical Planning Act, Cap 286 and the Water Resources Management Rules, 2007. The various legislations on riparian zone protection are executed by different Ministries, departments and authorities. The legislations have varying provisions as indicated in the table.

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

Can you summarise what you have?

Ministry of Agriculture, Livestock and Fisheries---. I will give a copy of the Statement to the Senator who requested for the Statement.

Thank you, Senator. Could we hear from Sen. (Prof.) Ongeri?

Mr. Speaker, Sir, I appreciate the answer given by the Chairperson of the Committee on Land, Environment and Natural Resources, Sen. Mwangi Githiomi. One of the biggest problems that we are encountering today is the on- site management of the riparian land. There was a time when the Government came up with the valley bottoms development and skewed up the policy. It threw away the caution on the question of management of the riparian land. Consequently, there was an invasion because they thought that it was a good thing to plant vegetables and other items within the riparian land. Unfortunately, you will notice that several riparian lands in many other areas have eucalyptus trees planted on them. This has caused water shortages in many places. What is the Government doing? I appreciate the new laws that have been put in place but what is the Government doing now in order to re-educate the people to appreciate and understand that riparian areas are very important for our ecosystem and water preservation and conservation? Does the population also know that they are good for clean water? Nairobi River has been polluted once again after the late Michuki did an enormous job in trying to reclaim the riparian levels. Part of the climate change that we are witnessing today and the floods is because we have denuded our riparian lands and the hilltops which are now bare. What is the Government doing to educate the people because sometimes people are not to blame for what they are doing today. At one time, they were told that this is the best way to go and suddenly, there is a change of law. What are we doing to re-educate the masses that the riparian lands are very important for the survival of our ecosystems?

Chairperson, do you want to respond?

Mr. Speaker, Sir, the question asked by Sen. (Prof.) Ongeri was not in the Statement. However, we shall make an effort to give him an answer in a short while.

You can enrich the answer because he has raised very pertinent issues.

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

Sen. (Dr.) Milgo, you have seven minutes carried over. You can continue.

Thank you Mr. Speaker, Sir. I had an opportunity yesterday to comment on the President’s Address. I was making a comment on the food security and I mentioned that issues of food security in the country are important. For our country to be food secure, more stringent measures should be undertaken to ensure that those concerned are advised on where, when and how different types of foods can be grown. It is sad that there is a lot of rain that is causing havoc and we are told that the dams are empty and that there is nothing being undertaken to ensure that the water is conserved for irrigation when there are no rains. If this continues, you will realize that we will continuously be a country without sufficient food. We ought to have extension officers to train the farmers at the lower levels for them to grow the right crops at the right places and by so doing, the issue of food security can be said to have been achieved. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Members, I request that we pay attention to the important contributions and to the Chair. Kindly consult in low voices. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Madam Temporary Speaker, for giving me an opportunity to offer my critique on this Presidential Address. I was not fortunate to be present when the Address was made. I was elsewhere attending important matters. I have gone through the statement carefully. First, I appreciate the President for making a Speech that has a semblance of facts and truths. In his Speech, he has acknowledged the difficulties this country has gone through, especially election related difficulties. What he fell short of is after acknowledging that politics and elections have posed a serious challenge to our national cohesion, unity and peace, he fails to address the difficulties that the Independent Electoral and Boundaries Commission (IEBC) has visited on this country. It is because of the incompetence, corruption and laxity of IEBC in the conduct of elections that this country nearly went to civil war in 2008. We cannot blame the current President for this. It is exactly for the same reason that this country was on the brink of collapse in 2013. It was again repeated in 2017. I expected the President, as he reaches out to his opponents to bring peace and tranquility, to have committed himself that part of his legacy is to leave this country with an IEBC that is akin to Ceaser’s wife; beyond suspicion and blemish. Madam Temporary Speaker, we cannot be going to elections every time and immediately, we have 100 petitions in court at whatever level. It is an indictment on the manner in which the elections have been conducted. Whether it is Members of County Assemblies (MCAs), Members of Parliament (MPs) or presidential candidates complaining, it tells a story that the management of our electoral process and systems has a flow that we need to address. As we speak, you can hear people shouting from the roof-top about the country going into a referendum. The same people shouting are the ones who have been saying that IEBC is incompetent to deliver any elections. How will the current IEBC deliver a referendum if they are incompetent to deliver any election? The referendum is an election. I suggest that we change our attitude. Let us not look for things that suits us for the moment. Let us focus on how to reform IEBC like our sister country Ghana, where the presidential election is held and the winner has a margin of 23,000 votes only and nobody casts a stone, goes to the streets, calls the other names or shouts. Everybody accepts the results because they have been conducted in a free, fair, democratic and acceptable manner. We cannot say the same for our country. Many Members here are sitting on the edge because they are not sure whether tables can be turned against them. We cannot go to elections where winners are declared losers and losers are declared winners and then we are told, shake hands, accept and move on.

Madam Temporary Speaker, I laud the President for opening Kenya’s borders to our neighbours. However, I want to encourage him to adopt the old diplomatic etiquette of reciprocity. My good friend, Sen. Mahamud, has been an ambassador before and he knows that reciprocity requires that whatever you are doing for another, they must also do it to you. As we speak, Kenyans still have difficulties going to some of the East 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): One minute, Sen. Wetangula.

Thank you, Mr. Deputy Speaker, Sir, for that additional one minute. I encourage that the free trade in Africa should be accompanied by deliberate and serious investments in energy; energy in the connection. The Inga Dam in the Congo that can produce 97,000 megawatts of power is still waiting for Africans to put money together and go and harness clean energy and supply it to turn round our economies. We want to industrialise, but how can Kenya industrialise with a capacity of less than 2,300 megawatts of power? We must have enough power to turn around the economy of Africa. This is something that Africans must do together. We must not wait for Europeans, Chinese and other foreigners to do things for us that we can easily do. Mr. Deputy Speaker, Sir, with those few remarks, I beg to support the statement.

(Sen. (Prof.) Kindiki): Thank you, Sen. Wetangula. Sen. Wario, use the dispatch box.

Asante, Bw. Naibu Spika, kwa kunipa nafasi hii ili niangazie mambo machache katika hotuba ya Mhe. Rais Uhuru Muigai Kenyatta. Ninaiunga mkono kwa sababu ililenga kuunganisha wananchi wetu wa tabaka mbalimbali; maskini na matajiri na wale ambao wana milengo tofauti ya kisiasa. Jambo la kufurahisha muno tuliaona viongozi wetu wakisalimiana kuashiria umoja wetu. Kwa hivyo, ninamuunga mkono kwa dhati katika jitihada zake za kuwaunganisha Wanakenya wote bila ubaguzi wowote Pia ningependa kumuunga mkono Rais wetu katika maswala yake manne makuu ya kimaendeleo aliyoyaangazia katika hotuba yake. Wakati huu tunayafanyia kazi maswala haya manne makuu ili tuweze kuwa na maendeleo katika nchi yetu. Ninamuunga mkono katika vita vyake dhidi ya ya ufisadi ambavyo aliviangazia vizuri katika hotuba. Alisema yuko tayari kupigana na ufisadi hapa nchini. Hata hivyo, nina masikitiko mengi kwa vile hakuzungumzia maswala mengi ambayo niliyatarajia ayataje katika hotuba hiyo. Kwa mfano, swala la mafuriko ni swala nyeti wakati huu hapa nchini, hasa Kaunti ya Tana River. Ninapozungumza sasa hivi, zaidi ya vijiji 30 vimezama huko Kaunti ya Tana River. Shule kadhaa hazijafunguliwa mpaka leo hii. Watu wametoka katika sehemu zao za makazi na kwenda kuishi kwingine. Mali imeharibika. Mimea kama vile mahindi, maharagwe, na kadhalika yamesombwa na maji. Watu wa Tana River wamo hatarini ya kupata magonjwa yanayotokana na maji machafu. Maji haya yanatiririka kutoka sehemu mbalimbali za nchi. Kwa hivyo, mimi kama Seneta wa Kaunti ya Tana River ambako kuna mafuriko mengi, nilitarajia Mhe. Rais Uhuru kulizungumuzia swala hili na kulitangaza kama janga la kitaifa na juhudi zaidi zifanywe ili kuwasaidia watu wetu. Ni lazima tuliangazia janga hili kwa undani zaidi. 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): Asante, Seneta. Let us have Sen. Were.

Mr. Deputy Speaker, Sir, I also rise to support the President’s State of the Nation Address that was delivered a few days ago. I am proud. Having listened 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

Mr. Deputy Speaker, Sir, first and foremost, I would like to say that in complying with the law, we must laud the President for making his status report about the country. That said, I do not believe that this should be compliance for the sake of it. Several things crossed my mind after the statement had been read. Those who have been in this Senate before have heard the several speeches that the President has made in compliance with the Constitution. It occurs to me that the status of the nation is a continuous progress report. That means that the statement of 2018 must be informed by that of 2017, 2016, 2015, 2014, 2013 and 2012. To that extent, I think that a better way of doing his speeches – for those who write the speeches for the President – is to tell us things that he has said before and how those things have been complied with. I have one in mind that bothers me a great deal. The statement on corruption appears to whitewash corruption. We cannot laud it because the President was bold enough to bring a list that caused much uproar 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.) Kindiki): You have less than one minute.

Those chapters in Article 255, whether you want to go up or down, you must have a referendum. The million signatures will have to be verified by a credible IEBC. We will have to go back to mwananchi . There is a draft Bill that is going to be sent to the 24 counties. You need IEBC and Chebukati is not the person that we want, moving forward. Please, say it as it is; why whitewash these things? The Chairman knows what he did when he wanted to speak to these people. May be he is going to tell us but we want reforms that are people driven and not just for purposes of rewarding people so that you can have seats.

(Sen. (Prof.) Kindiki): Thank you, Sen. Mutula Kilonzo Jnr. We will now hear from Sen. Kinyua. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Asante sana Bw. Naibu Spika. Kwanza kabisa, nataka kuunga mkono Hotuba ya Rais ambayo alitoa na pia kwa kutambua kiongozi aliyepigania uongozi mwema hapa kwetu Kenya, marehemu Matiba. Hapa Kenya, tunafanya maajabu kwa sababu sisi hupongeza viongozi wakati wamefariki. Kuna viongozi wengi ambao wamefanya mambo mazuri hapa nchini kama Mheshimiwa Paul Muite, Sen. Orengo, Mheshimiwa Charles Rubia na wengine ambao wamechangia sana katika kuboresha demokrasia lakini tunampongeza mtu wakati amekufa. Ni vizuri tuwatambue hata wale ambao wako hai ili mambo ambayo mtu alifanya yajulikana vizuri na tunampongeza akiwa hai badala ya kuwekelea maua katika kaburi lake. Nataka pia kumshukuru Rais kwa sababu alitambua ugatuzi na vile ambavyo ugatuzi unaendelea. Ukiangalia vile pesa zilivyo kuwa zikitolewa, utaona kwamba Serikali ilikuwa inatoa Ksh210 bilioni kwa ajili ya serikali za kaunti lakini kiwango hicho kina zidi kuongezeka. Tunajua kwamba Serikali kuu imetoa Zaidi ya Ksh300 bilioni kwa serikali za kaunti. Kwa hivyo,mimi napongeza Rais wataifa. Jambo ambalo limekuwa changamoto kwetu kama maseneta ni ya kwamba kunasemekana kwamba ufisadi umekithiri sana katika kaunti zetu na hiyo ni kazi yetu kama maseneta. Tunafaa kuangalia kwamba pesa ambazo zimekwenda mashinani zinatumika kwa kazi ambayo zimetengewa kufanya pale mashinani; bali si kuwatajirisha watu wachache na kuwafanya wengine kuweza kujenga manyumba kama vile mheshimiwa Rais alivyosema. Unapata mtu ameajiriwa juzi, lakini baada ya miezi miwili au mitatu, amejenga nyumba ya orofa. Sisi kama Seneti tunazembea kidogo katika kazi yetu na tutajitolea kabisa ili tuweze kuangaliana kumulika vizuri pesa ambazo zinakwenda katika kaunti. Jambo linguine ambalo ningependa kusema ni ya kwamba alizitaja nguzo nne ambazo yeye mwenyewe anaziamini zitasaidia kuimarisha Maisha ya watu wetu. Jambo la kwanza, nikupigana na janga la njaa. Waziri ambaye anashughulika na mambo ya ukulima tayari ameanza kutengeneza mabawa katika sehemu nyingi.

(Sen.(Prof.) Kindiki): Order, Sen. Sakaja, you are running an illegal meeting in the Chamber. Proceed.

Ahsante Bw. Naibu Spika, kwa kuweza kumzuia Senator kupiga gumzo. Mimi nakubaliana na mambo ambayo Rais aliyataja kama anayoyaamini, kama vile mambo ya madktari. Kamati ya Seneti iliweza kuenda Cuba ili kujifahamisha na jinsi madaktari wanafanya kazi huko. Nina imani ya kwamba, madktari hao wakija hapa Kenya, mambo yetu yataendelea kuwa mazuri. Niliona wale madaktari wana uzoefu. Jambo lingine ambalo aliongelea ni usalama. Mwenzangu ameuliza mahali Rais anapoishi kwa sababu usalama umedhorora sana nchini. Lakini, ningependa kumhakikishia mwezangu kwamba hali ya usalama imeimarika. Rais anaishi katika Ikulu ya Nairobi na vile vile huwa anazitembelea Ikulu zingine. Ni ukweli kwamba umoja ni nguvu, na utengano ni udhaifu. Ninamshukuru Rais kwa kuweza kumsalimia kinara wa NASA na kusema ya kwamba Kenya ni moja na tunafaa kusonga mbele pamoja. Kuna ndugu wetu wengine ambao wanauliza mbona Rais 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): Shukran, Sen. Kinyua. Proceed, Sen. Imana.

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to comment on the President’s Speech. I though the Speech was good and touched on many- --

(Sen.(Prof.) Kindiki): Order Senator. Are you on the microphone?

Mr. Deputy Speaker, Sir, my voice is loud enough.

(Sen.(Prof.) Kindiki): Order Senator! You have to be on record. It is not about the size of your voice; it has to do with being on record. Therefore, Senator, use the Dispatch Box, may be, for the first time.

Mr. Deputy Speaker, Sir, it is for the first time, you are right.

Mr. Deputy Speaker, Sir, thank you for giving me a chance to comment on the President’s Speech. I thought it was quite good and touched on many points which were agreeable in many places. However, the one that concerns me most is the point that the President took his time to apologize to the nation. It was remarkable seeing the President of Kenya standing before the nation and saying that he is sorry if he has hurt anyone or caused any problem to anyone. It takes a lot of courage for a man to stand up and say ‘I am sorry’ for things that may have gone wrong. I really laud the President for that. This is something that many leaders in the country should emulate. If the President of Kenya can apologize to the people that he has wronged, then the rest of us can follow suit. I have heard the President say several times that the country is safe. If you are Sen. (Prof.) Malachy from Turkana County, you would not say that the country is safe because my world is not safe. I have said this a number of times. A case in point, is the recent killings on a Kenyan road between Kapedo and Marigat. I lived oversees for a long time, however, when I am in this country, I feel I am home and I should be able to travel around the country any time of the day without being 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 make my observations on the Presidential Speech. I support it, especially when he acknowledged the contribution of the 11th Parliament to the implementation of the Constitution. It is very important to acknowledge the contribution of others in preparation towards supporting the process that is ongoing. It was very important that he recognised the contribution of the late Matiba to the expansion of democracy in this country. However, he should have mentioned something The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of order, Mr. Deputy Speaker, Sir. Is the Senator in order to try and shape the kind of business that the President should do, instead of contributing to the Speech?

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

Mr. Deputy Speaker, Sir, it is out of order for him to try and say that he should have extended the handshake and choose who to shake hands with. I think the President was in order to decide what business he had and how to handle it. He is out of order.

Thank you, Mr. Deputy Speaker, Sir. It was actually in connection with what I read in the President’s Speech; that he wanted to see the same happen in all the corners of the country. I expected that it should have begun right from the first day when the handshake took place. It is somewhere in the Speech of the President.

(Sen. (Prof.) Kindiki): Sen. Pareno, the Motion on the President’s Speech gives Senators a lot of leeway in terms of what to say. So long as he has not broken any Standing Order, he can proceed.

Thank you, Mr. Deputy Speaker, Sir. That was my expectation on the handshake, but I welcome it. Let me also say something concerning the year 2022 in association to this one. It is very important for us to say something about our future. However, it should not be very much attached to the handshake. The importance of peace in this country during elections is paramount to all of us. When it comes to amendment of the Constitution through a referendum as some of our colleagues are agitating, it should start even with reformation of the Independent Electoral Boundaries Commission (IEBC). To me, any amendment to our Constitution should be geared towards empowering our devolved units financially. At this point in time, any amendment to our Constitution which is aimed at creating positions or helping some people achieve their own selfish desires should not be welcomed. Mr. Deputy Speaker, Sir, I want to support what the Senator for Narok County said yesterday about inclusivity. In fact, to expand our Constitution to enhance inclusivity is a matter of reinforcing the county governments. This is because there will be no time in our country that we will be able to form a government with high positions being occupied by people from all tribes. As I said, we must reinforce our devolved units and even give our governors more resources to do development projects. That will help us more than changing the Constitution just to create position of a prime minister and others. Even if we do so, we will never accommodate all the tribes in this country. If that is the way to deal with inclusivity, then we should also create positions for marginalised communities. Mr. Deputy Speaker, Sir, I welcome any change in the Constitution if it is for the benefit of reinforcing the success of our counties. This will ensure more inclusivity in terms of development. I beg to support.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Dr.) Langat. Let us have Sen. Faki. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Asante, Bw. Naibu Spika, kwa kunipa fursa hii kuchangia hotuba ya Mhe. Rais Kenyatta. Kwanza, ningependa kuipongeza hotuba kwa kukariri Uhuru wa mahakama. Itakumbukwa kuwa mwaka uliopita, baada ya sisi kupiga kura na Mahakama Kuu Nchini kutoa hukumu yake na kuagiza uchaguzi wa uraisi urudiwe, Mhe. Rais alionenekana akishtumu sana mahakama. Kwa hivyo, yeye kukariri uhuru wa mahakama mbele ya Bunge ilikuwa ni jambo kubwa sana ambalo lazima tumpongeze. Mahakama ndiyo inayoamua juu ya mizozo baina ya raia, vitengo tofauti vya uongozi na taasisi tofauti katika nchi. Kwa hivyo, uhuru wake ni muhimu katika kujenga demokrasia katika nchi yoyote ulimwenguni. Jambo la pili ambalo ningependa kuipongezea hotuba ya Rais ni swala la usalama. Ijapokuwa Mhe. Rais alijipigia debe kwamba ameweza kupunguza visa vya utovu wa usalama katika maeneo mengi, tunapata kwamba bado visa hivyo vinaendelea katika sehemu tofautitofauti. Nikizungumzia Kaunti ya Mombasa, kuna sehemu tofauti ambazo zina ukosefu wa usalama. Kwa hivyo, tungeomba Serikali itumie fursa hii, hasa tunapoelekea katika mwezi mtukufu wa Ramadhani kuhakikisha kwamba usalama wa kutosha katika mji wa Mombasa na maeneo mengine ambayo Waisilamu wanaishi kwa wingi. Wakati wa mwezi mtukufu wa Ramadhani, kuna sala za usiku. Kwa hivyo, ni lazima wahakikishiwe usalama wao wanapokwenda au kutoka katika ibaada hizo. Kuhusiana na mambo ya usalama, tumeona kwamba mwaka jana baada ya kura, watu kadhaa walipoteza maisha yao mikononi mwa polisi. Polisi wanatarajiwa kuwa wakiwapatia raia usalama, lakini walikuwa mbele kuuwa raia, kuharibu mali na mambo mengineo ambayo hayafai.Tunasema kwamba wakati Serikali inapoagalia mambo ya usalama, inapaswa pia kuwafunza upya polisi wote ili wahakikishe kwamba wanalinda maisha na mali ya raia. Bw. Naibu Spika, swala la tatu ambalo ningependa kuliguzia ni lile la afya. Tunaunga mkono afya kwa wananchi wote wa Kenya. Hata hivyo, tunaona pia kwamba Serikali haijakuwa na uhakika kama kweli wanataka kusambaza afya kwa wote nchini Kenya. Tukiagalia, kwa mfano, katika mambo ya elimu,wameweza kutoa mipango ya kupeleka vipakatalishi katika kila shule ya msingi katika nchi ya Kenya. Hata hivyo, wameshindwa kupele vipakatalishi zile katika vituo vya afya katika nchi ya Kenya ili viunganishwe na Hospitali Kuu ya Kenyatta. Kwa mfano, kule Tiaty sasa kuna mkurupuko wa maradhi ambayo hayajulikani. Hii ingewezesha mgonjwa akienda katika kituo cha afya, kwa mfano huko Tiaty, ugonjwa wake unawezakuangaliwa na ripoti ikawasilishwa mpaka kwa Hospitali Kuu ya Kenyatta ambayo ndiyo hospitali kuu ya kuelekezwa wagonjwa nchini Kenya. Tunaona kwamba hakuna mipango yoyote ya kuweza kupeleka vifaa vya Kisasa kama vile kompyuta ili wagonjwa wanao hudhuria katika hizi taasisi za afya maelezo yao ya wezekuchukuliwa na yawazilishwe katika Hospitali Kuu ya Kenyatta. Jambo hili linaweza kuhakikisha kwamba magonjwa yaleyanaweza kuangaliwa kwa uangalifu zaidi ili kupunguza kupoteza maisha kupitia vifo ambavyo vinaweza kuepukika. Pia tumeona kwamba katika nchi ya Kenya hivi sasa kuna hatari ya kurejea kwa ugonjwa wa Polio. Polio imesababishwa na maji ambayo yameingiana na virusi vyake katika maeneo fulani nchini Kenya. Haya nilicha ya kuwa, mwaka uliopita Polio ilikuwa karibu kuondolewa kabisa katika nchi ya 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.) Kindiki): Order, Senator. Get your facts right.

Bomet!

Samahani Bw. Spika. Sen. (Dr.) Langat ambaye ni Seneta wa Bomet anaweza kuongea nami ana kwa ana bila tashwishi yoyote kwamba anaweza kuripotiwa sehemu fulani kwamba amevunja sheria au mwafaka walio nao. Seneta wa Laikipia pia amezungumza kwa ufasaha kuunga mkono uwiano na akatoa mfano wa kupigana na simba ambaye anakula nyama na ukawaacha inzi ambao wanarukaruka pale. Ni jambo nzuri ambalo limekuja katika nchi yetu ya Kenya. Tuliunge mkone ili makabila yote au jamii zote katika nchi ya Kenya waunganishwe katika serikali ambayo twataka kuitumikia ili kuhakikisha kwamba yale matatizo tuliyokuwa nayo ya kura yanakwisha. Ni wazi kwamba kutokana na mwafaka huo, Tume Huru ya Uchaguzi na Mipaka lazima iundwe upya na tupate watu ambao wana tajriba ya kuhakikisha kwamba wanaweza kusimamia taasisi hii bila matatizo. Kura nyingi zimeharibika kwa sababu ya kutokuwa na imani na Tume Huru ya Uchaguzi na Mipaka. Lakini nataraji kwamba katika tume ambayo itaundwa upya, itahakikisha kwamba haya hayarudiwi tena. Mwisho ni kwamba tusiogope wazo la kura ya maoni. Sisi kama Wakenya tuko huru kujadili swala lolote ambalo twaweza kulijadili tupate mwafaka. Hakuna mtu ambaye anatushikia, kwa mfano, bunduki kusema kwamba lazima tusizungumzie kura ya maoni. Kura ya maoni ni haki yetu. Lazima tuketi chini kama Wakenya tuzungumze ni mambo gani ambayo tutapeleka kwenye kura ya maoni, ni mambo gani ambayo tunataka tupitishe katika sheria ambayo itahakikisha kwamba kura zinazofuata ama usimamizi wa nchi yetu kwa siku zijazo utakuwa ni wa amani, uhuru na upendo kwa kila Mwanakenya. Bw. Naibu Spika, kwa hayo mengi, nashukuru kwa kunipa fursa hii. Ninaunga mkono hotuba ya Rais.

(Sen. (Prof.) Kindiki): Asante sana Sen. Faki. Next is Sen. Hargura Godana.

Mr. Deputy Speaker, Sir, I thank you for giving me this opportunity to join my colleagues in expressing the thanks of the Senate on the exposition of the public policy contained in the address by the President to Parliament. The President’s speech was balanced and realistic. We have to look at the areas he addressed. He clearly stated that the main gain Kenyans made in enacting the new Constitution was devolution. He stated the steps we have taken since 2013, the work done by the Eleventh Parliament which I had the privilege of being in, and the challenges we are facing. The President was candid that corruption is the main challenge we are facing when it comes to even implementing the Constitution and achieving our national values. He even went ahead to say that it has to be fought from many angles even as far as starting inculcating these values of integrity in our school children. It has reached a point that Kenyans do not care where you get your wealth but they respect you when you are wealthy. That is why there was a time a survey was conducted and a young Kenyan was asked if he would mind getting his riches through corruption. He said that so long as he will be rich he does not mind. That is the state of mind we have as Kenyans. So long as that is in us, then we have a long way to go 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): Wind up. You have less than a minute.

County governments must take that sector which has been devolved to them very seriously. If there is reduction in the number of people being immunised, then that will mean more diseases and more costly treatment. By that, we will not be making use of devolution and we will not be taking services closer to the people. Lastly, the hunger safety network programme is one area where we are very grateful to the Government because Marsabit is one of the beneficiaries. Even if our people are 600 kilometres from the headquarters, they can still get their money by M- pesa and they can still access and buy food wherever they are. That is the way to go even for the county governments. I thank you and support.

(Sen. (Prof.) Kindiki): Thank you Senator. Hon. Senators, you need to organise your thoughts because you have 15 minutes. Make sure you do not leave your contributions to this debate hanging by not planning well. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Deputy Speaker, Sir. I wish to join my colleagues in the Senate to express my thanks to the President for his exposition of public policy contained in the State of the Nation Address of 2018. In the past, the State of the Nation Address has evoked different emotions and reactions from Members of Parliament and the public. There are occasions where we have given the President a standing ovation like it happened in 2015 when he came and declared serious war on corruption. He went ahead to give an ultimatum to members of his Cabinet and other state and public officers to step aside because they had been implicated in corruption. The State of Nation Address has invited jeering and whistle blowing in the past as was the case in 2016 when it was chaotic and other addresses have been boycotted. It is important to note that in the last Address, Members of Parliament sat quietly and attentively. They were eager and excited at the end of the Address. This is a constitutional requirement thus it is difficult to fault the President for having not said something which is not contained in the Constitution because the Constitution requires the President to lay three reports before the House. However, I would wish to encourage my colleagues and the nation to put pressure on the President to include a fourth report which will be a report on food security or the food situation in this country when he comes to Parliament to deliver the state of the nation address. That can be achieved through tabling of a food balance sheet. A food balance sheet would summarise the food holding and the stocks that we have in this country for human and animal consumption. It will provide us with a balanced picture and give us the assurance that Kenyans and Kenya is not going to go into the kind of situation we have been in before, where we have been forced to import maize and subsidize maize so as to meet the dietary requirements of Kenyans. This is a requirement that does not require a referendum because Article 255 of the Constitution does not envisage that if you are going to expand the contents of the state of nation address, you have to do a referendum. Therefore, it is one area that I offer to bring a Motion to the House for us to impress upon the President, on his own Motion or the Motion of the House, that he could also table a food balance sheet. That way, all those involved in agriculture and food production in this country will take their jobs seriously. When we were in Kakamega, during the Devolution Conference and the President talked to us, I was very happy when he pointed out to those involved in agriculture that the he is tired of this obsession with fertilizer, seed and maize subsidy. That obsession arises out of the huge amounts of money involved. Sometimes it is corruption that motivates the obsession with the three areas. The President called them out directly. On that issue, I support the President and if we made it a requirement that he brings a food balance sheet to Parliament, then people will start taking their jobs seriously. I want to talk about what the President talked about rather than what he did not talk about. I was excited that the President started his Address by talking about devolution and how it has performed in the country. I share the same view with the President that devolution has been a mixed bag of success. We have counties like Makueni that started off on a very rocky note where people were threatening to kill each other and even dissolve the county but today, they are able to process juice out of mangoes, package it and take it to the market. They are able to package their milk which 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, just accept that you were defeated.

Mr. Deputy Speaker, Sir, I think that we came out feeling like victors. We did not lose because of the pitch. If anyone would come here and say that we lost because the pitch was horrible, that would be a liar. He would be like a farmer who blames his equipment. This is because there is a beautiful stadium built in Kakamega; Bukhungu Stadium. It was built using public funds that we keep sending to the counties on a regular basis. There are pockets of success but there are also pockets of despair. If I was to host a devolution conference in my county of Homa Bay, I do not know where we will play football because we do not have a stadium yet we get almost equal amounts of money as Kakamega. If someone was to fall sick when I am hosting a devolution conference, I would not know where to take them because there is nothing to show for the investments in the referral hospital. The fishermen in my county have no fish processing plants. The mango and the pineapple farmers have no factories to process their mangoes. Devolution is going to produce South Korea’s and counties that will reach to the levels of Singapore but it will also produce counties that will remain at the level of Haiti, Chad, Somalia and South Sudan. It is upon us, as the Senate, Senators andleaders from these counties to spur and encourage our governors and assemblies to make the right decisions so that our counties do not become South Sudan’s for they can become Singapore’s. I disagree with the President on the 56 per cent increment that he was proud of for there is no reason to celebrate. That 56 per cent is a reflection of the transfer of functions to the counties progressively over the years. Functions are being transferred slowly by slowly and to date, the roads function has not been fully transferred and neither have the libraries, ferries and harbours. I come from a county that borders the lake and I know that issues to do with ferries are still being managed from the centre. As we transfer all the functions envisaged in the Constitution, the increment should be above 56 per cent. In fact, with full transfer of functions, counties should not be getting Kshs300 billion but they ought to be getting at least Kshs600 billion even if we are still benchmarking with the last audited account which is 2013/2014. That increase is not the achievement of an administration but a reflection of the work that the Senate has been doing to make sure that functions are transferred and as those functions are transferred, they are followed with funds. 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): You have one more minute. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, in that one minute, allow me to thank the President for his apology. It was not the first time he was apologizing. He apologized two years ago in the spirit of the Truth Justice and Reconciliation Commission (TJRC). There has been a call for change of laws. Whether you change laws in this country to reflect the ones that are in heaven, they will not work. We have laws about jumping traffic lights but we are still jumping them. We have laws about litter but we are still chewing gum and throwing everywhere. There is something wrong with the Kenyan psyche which we need to deal with. I hope that with this new spirit, we will not only deal with a referendum for a new Constitution but also with the Kenyan psychic. I support.

(Sen.(Prof.) Kindiki): Thank you, Sen. M. Kajwang. As you implore on Kenyans to re-look at their psyche, you should also include yourself in that bracket. In future, you are encouraged to admit openly that Senators were defeated by Members of County Assemblies (MCAs) in Kakamega. The next Senator to contribute will be Sen. Charles Kibiru.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to support the President‘sSpeech. For record purposes, may I also add that I was in the team that defeated governors.

(Sen.(Prof.) Kindiki): But you lost to the MCAs.

Mr. Deputy Speaker, Sir, from where I stand, the President’s Speech has a score card. I do not want to dwell much on how the scorecard looks like. I want to look at the issues that need to be expanded or implemented so that we can move forward. The next time our President is giving his Speech, we can all stand and cheer him. The President mentioned the Big Four Agenda which we support wholeheartedly. However, time is running out.Every time I hear about the issues we need to do, I get worried. We need technical support to construct 500 homes. Currently, we are behind on issues of technical support, for example, the plumbers. As we plan to implement the Big Four Agenda, we need to put our heads together and lay down the road map clearly. One year is almost gone; we only have another four years to go. I propose that we improve on the creation of capacity especially for technicians. As we build houses, improve infrastructure and manufacture products, we should have the technical capacity to support that agenda. Mr. Deputy Speaker, Sir, the President mentioned the issue of security. We agree that for the Big Four Agenda to work, the environment must be enabling. Security is an enabler of development. With the way goons are behaving in Nairobi which is the centre of investment, it is time for the Government to put its feet down and make arrests. It is surprising that we have the pictures of these culprits in the newspapers. We will spend a large amount of money to reward any citizen of this country who will identity them and bring them forward. That is a lapse on the security apparatus. They need to wake up and support the environment to implement the Big Four Agenda. Mr. Deputy Speaker, Sir, we cannot implement the Big Four Agenda when corruption cases are taking nine to ten years. As legislators, it is time to come up with a way of putting timelines to corruption cases. Somebody mentioned about election petitions. We have up to six months to conclude them. We also need to come up with 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. Kibiru. Sen. Wambua, proceed.

Thank you, Mr. Deputy Speaker, Sir, for this opportunity. I join my colleagues in registering the thanks of the Senate for the exposition of public policy contained in the Address of the President, delivered at the Joint Sitting of the 12th Parliament on Wednesday, 2nd May, 2018. I will limit my comments to five issues; the unity of the nation, the handshake, the Constitutional review, forgiveness sought by the President and what I would consider missed opportunities. On the matter of the unity of purpose, it is a basic and fundamental responsibility of the Office of the President to speak unity and unite the nation, for purposes of growth and development. When I listened to the President’s Speech, it was clear and reminded me of the days gone by. We had the Nyayo Philosophy of peace, love and unity. It would be impossible to achieve the Big Four Agenda as set out by the President without peace, love and unity. Mr. Deputy Speaker, Sir, while speaking about the Big Four Agenda, it is important to note that one of the key agenda items is manufacturing. The cost of manufacturing in this country is way too high, thus making goods produced in this country less competitive even in the local market. One of the factors of production that makes our goods less competitive is the cost of power. The cost of electricity in this country is unbearable, not just for households, but even for manufacturing companies. Unfortunately, we have sources of energy that are yet to be exploited in this country. Some regions of this country receive sunshine for at least eight or nine hours in a day, seven days in a week for almost three 365 days in a year. It would make a lot of sense if the Government was to look for ways and means of serious investment in solar power plants. We would generate so much power and connect it to the national grid to make the cost of manufacturing bearable and profitable. Mr. Deputy Speaker, Sir, the issue of coal is close to my heart because I come from a county that has huge deposits of coal. For reasons only known to those who are supposed to be doing something about it, coal has not been exploited for the benefit of this nation. If we could exploit these sources of energy, it would be a lot easier for us to at least achieve that one agenda on manufacturing for the benefit of our people. On the matter of the handshake, I have and I want to go on record once more to say that it was a very good gesture between His Excellency the President and the former Prime Minister when they shook hands on the 9th March, 2018 outside the President’s The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Order, Sen. Kang'ata! You seem to be behaving like somebody who has just entered a market place. Proceed, Sen. Wambua.

Thank you, Mr. Deputy Speaker, Sir, for calling the Senator for Murang’a County to order. To me, the call for forgiveness is the greatest sign of leadership; the acceptance from the highest office that we are human. In the process of transacting our political business, we cross the paths of many people. Once we do so, it is only good that we find time and reason to apologise and hold hands together to move forward as a nation. I want to conclude by talking about what I think was a missed opportunity. Yes, it is true the President discharged his constitutional responsibility in the State of the Nation Address by tabling the three reports as required by law: The first Annual Report on the measures taken and the progress achieved in the realization of the national values, the First Annual Report on Progress made on the fulfillment of the International Obligations of the Republic and the First Annual Report on State of Security. I would have wished The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Deputy Speaker, Sir, I thank you for allowing me to contribute to this Address by the President. I was impressed by the President taking time to update us on what is happening in our nation. Particularly, he talked about the implementation of the Constitution. This is so dear to me because of the history we have had in this country. It was only upon a new Constitution that some of us started feeling the Kenyanness in us. The President appreciated this Parliament. He said it has played its role in enacting enabling legislation. We appreciate that. However, when it comes to the implementation of the Constitution, it is not only Parliament that should be seen to be working to enact the laws that are meant to implement this Constitution. The Government should have done better than it did in terms of implementation. All arms should have performed their part. At one point when it came to the implementation of this Constitution, and even now, there is a feeling that the Government was not committed to proper implementation of this Constitution. In fact, at one point, I used the word “mutilating” the Constitution on the Floor of this House when the Government sponsored a Bill that curtailed the benefits that we had so far in as far as curbing electoral malpractices was concerned. In as much as the President appreciated us, the Government should have done better in as far as implementation of the Constitution is concerned. For example, regarding police reforms, what did we get? We expected a lot for us to be able to implement what we envisaged in our Constitution but what did we get from the police or security apparatus? Not all of them of course, but when they started getting brutal, we ended up with killings and we said, no, this is not what we wanted of our institutions. On land reforms, the National Land Commission (NLC) is just another body. It has not been given the powers that it deserves. The NLC should have a budget to be able to handle a lot of issues that surround land. The Government did not do its bit in as far as 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. Pareno. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Hon. Senators, it is now 6.28 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 10th May, 2018, at 2.30 p.m. The Senate rose at 6.28 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