Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Thursday, 10th May 2018:- The Report of the Auditor-General on the financial statement of Mombasa Water Supply and Sanitation Company Limited for the year ended 30th June, 2017.

Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate, today, Thursday, 10th May 2018:- THE REPORT OF THE KENYAN DELEGATION TO THE CPA FORUM The Report of the Parliament of Kenya delegation to the inaugural Commonwealth Parliamentarians Forum held at the Westminster, London, United Kingdom (UK) from 26th February to 1st March, 2018. REPORT OF CPAIC ON FINANCIAL OPERATIONS OF SEVERAL COUNTY EXECUTIVES FOR THE FY 2013/2014 Report of the Senate Sessional Committee on County Public Accounts and Investment Committee on the inquiry into the financial operations of Kajiado County Executive for the Financial Year 2013/2104, from 1st July, 2013 to 30th June, 2014. 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, can I please be guided?

Mr. Speaker, Sir, pursuant to Standing Order No. 46 (2) (a), I rise to make a Statement regarding the ban on charcoal burning and timber harvesting in Kenya, following the imposition by the Government of a moratorium on timber harvesting in all public and community forests to allow re-assessment and rationalization of the entire forest cover in Kenya. Mr. Speaker, Sir, I make this Statement because many Kenyans whose livelihoods are dependent upon small-scale charcoal and timber selling business have began to be adversely affected by the ban. Additionally, low income earners who depend on charcoal for cooking - because they cannot afford any other forms of energy for domestic use - have also been affected. There have been reports of some hotels scaling down their businesses, while some have expressed fears of being kicked out of their premises for using smoky firewood because they can no longer access charcoal. Indeed, some hotel operators have complained that they have completely been driven out of business. Mr. Speaker, Sir, maize roasters, many schools, prisons and hospitals have also complained that they have to look for alternative sources of energy which are too costly. Worst still, the ban has created an avenue for smugglers who are now trafficking charcoal from Uganda and Tanzania. Mr. Speaker, Sir, I, therefore, wish to draw the attention of the Senate to this and appeal to the national Government, in conjunction with the county governments, to assess the situation and consider addressing the plight of poor Kenyans who have been subjected to a lot of suffering by the ban. 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.

Chairperson, the Standing Committee on National Cohesion and Equal Opportunities to issue a Statement on the alleged abuse of human rights of persons with disabilities.

DELAY IN HANDING OVER OF THE LAKE BASIN MALL TO LBDA The Chairperson, the Standing Committee on Devolution and Inter-govenmental Relations to issue a Statement on delay of handing over of the lake basin mall in Kisumu city to the Lake basin Development Authority (LBDA).

The Chairperson of the Committee on Roads and Transportation to issue a Statement on the status of the physical development plan for South C Estate in Nairobi. STATUS OF THE PHYSICAL DEVELOPMENT PLAN FOR SOUTH C ESTATE, NAIROBI CITY COUNTY

The next statements are also for the same Committee. 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

Next is the Chairperson of the Committee on National Security, Defence and Foreign Relations. Where is the Vice Chairperson? 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 came yesterday and I told the House that it is supposed to be answered by the Committee on Energy. You had so ordered.

Yes, that is true. I think it is an oversight from the secretariat.

You still have another statement to issue with regard to asbestos at Ngulu Kikumbulyu. Is that so? 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 Ministry of Agriculture, Livestock and Fisheries does not know the person who constructed the dam. So, they are still asking us to give them more time. I thought they would have brought the Statement today but they did not.

How much more time do they want you to give them?

Mr. Speaker, Sir, let us give them one week. I will follow it up.

So, provide a response next week on Thursday.

Yes, Mr. Speaker, Sir.

Next is the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration. MAINSTREAMING OF LEARNERS WITH DISABILITIES IN EDUCATION CURRICULUM

Next is the Chairperson of the Committee on Land, Environment and Natural Resources. STATUS OF LAND OWNED BY ADC IN LAIKIPIA COUNTY

Mr. Speaker, Sir, the Ministry of Lands seems to have a problem because they have not responded to all the statements that we have sent to them. I propose that the Cabinet Secretary (CS) be summoned. Yesterday, you directed that CS, Ministry of Tourism and Wildlife be summoned for the same reasons. .

Is that the CS for Agriculture, Livestock and Fisheries?

Mr. Speaker, Sir, it is the CS, Ministry of Lands and Urban Development.

Okay. I direct that the CS be summoned within the next two weeks to provide the answers that we require.

Thank you, Mr. Speaker, Sir.

On a point of order, Mr. Speaker, Sir. I do not know why my Chairman would subject the Speaker to this. Article 125 of our Constitution is very clear. So, the Chairman, in his capacity and the Committee, has the powers to call for evidence. He does not have to come on the Floor of the House and ask the Chair to do what he is supposed to do as the Chairman. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, my Member should know that I was supposed to respond to the statement in this House as I have done. However, in the course of responding, I requested that we summon the CS in charge.

The Senator says that you should have summoned the CS without necessarily referring to me because you have the powers. You do not need permission from me to do so.

Mr. Speaker, Sir, I oblige. However, the Members should also be helping me to get these statements. He is a Member of my Committee.

On a point of order, Mr. Speaker, Sir. This is on two things. One is on Chairpersons who do not appear before the Senate to respond to statement requests. It is in the public domain that in the United Kingdom (UK) in the House of Lords, a Member offered to resign because he was not at his position at the time when he was expected to respond to a question. What kind of precedent are we creating in this House where since we resumed sittings, you have been calling out Chairpersons of Committees, but they do not respond and Members of those Committees are not giving indications on when these statements will be read? I beg you to crack the whip and give a strict notice to Chairpersons. There is a reason why they are Chairpersons. They have big offices and get some extra allowances as Chairpersons. They fought for those positions. They should come to this House and respond. There are almost 30 statements here. If we are going to proceed this way, then it will be useless. I have a statement that I want to request, but I know that it will be No.35. Maybe, it will be reached in the year 2022. I beg you to crack the whip. Mr. Speaker, Sir, the second bit I think has been canvassed by Sen. Khaniri. However, I just want to emphasize that Chairpersons should not be coming back to this House and telling us stories about what the CS did or did not. It is the statement of the Chairperson and not the CS. You ruled on this. I remember you made a Communication from the Chair that when a statement is requested, the Chairpersons should bring the Committee’s report and not the CS’s report. So, I urge Chairpersons to filter what they bring back to this House.

Mr. Speaker, Sir, to defend the Chairpersons, it is important for us to talk about capacity. It is high time that we trained them and indeed all of us because I think we lack in capacity. I am honest with you. The work that the Chairpersons are supposed to do ---

Order, Members!

Mr. Speaker, Sir, the work the Chairpersons are supposed to do is enormous. There are so many issues that we are facing.

Not all of us!

Mr. Speaker, Sir, when we went to Naivasha we were not trained on procedures. We do not want to get half-baked answers. For example, the Chairperson did not know that he can use his powers to summon the CS. Now asking the Speaker 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. Speaker, Sir, allow me to ride on the comments made by Sen. M. Kajwang'. I have observed this trend since Tuesday where the Order Paper is full of Statements to be issued, but it ends up only two or three Chairpersons are available to respond to them. I would not seek the training of Senators as the Senator for Narok County is suggesting. However, I would kindly urge the Chair to call the Chairpersons to order. It can be very frustrating. For example, today, I received one of the responses to statements that I sought and it is dated 8th March, 2018. I am very sure when the Chairperson is called to respond, he would want me to take this as a response to a matter that has moved on since that time. The same thing happened yesterday. Mr. Speaker, Sir, the argument that we have been on recess falls flat on its face. This is because this Order Paper was not prepared today. It was prepared and circulated. The Chairpersons know that they have issues to respond to on the Floor of the Senate. They should be here to tell us why they are unable to respond to these issues.

r (Hon. Lusaka): Hon. Members, I have noted your concerns. What you are raising here are very serious issues. On Tuesday, I will want all the Chairpersons and their deputies to be here because I will also be issuing a very comprehensive statement on the way forward. This is because it is very frustrating for Senators to be requesting for statements, but they are not getting responses. The issue of capacity building we can do it, but at least, they should show they are making some efforts.

There are Chairpersons who are always here, for example, the Chairperson, Committee on Land, Environment and Natural Resources, responding to statements. Whether it is adequate or not, that is another story. He is always here to respond to them. So, as much we will deal with the issue of capacity, but I want all the Chairpersons and their Vice Chairpersons to be here on Tuesday so that we agree on how we will proceed.

Let us move on to the next statement. The Chairperson of the Committee on Land, Environment and Natural Resources, proceed.

Mr. Speaker, Sir, I agree with what you have ruled but I also want to point out that the Senator for Narok County sometimes becomes a nuisance.

Order, Mr. Chairperson.

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

what is your point of order, Sen. Olekina? 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 think we are all trained to be mature and to use parliamentary language. Is the Chairperson of the Senate Committee on Lands and Natural Resources in order to say that I am a nuisance when I raise an issue of capacity? Those issues have been pending for a very long time. He should have gotten substantive answers for them. I think you should rule him out of order for using unparliamentarily language.

Chair, you are out of order. I order you to withdraw and apologise.

Thank you, Mr. Speaker, Sir, I can apologise for that but also want to add that when the Senator is talking to another Senator---

Order Members. Withdraw and apologise.

Mr. Speaker, Sir, I withdraw and apologise. This is another statement also supposed to come from the Ministry of Lands and Housing. As I said before, all those questions have not gotten any response. I said I am going to work on them.

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

What is your point of order, Sen. Sakaja?

Thank you, Mr. Speaker, Sir, I know the good Senator and Chairperson of the Senate Committee on Lands and Natural Resources is a very experienced member of this House. He has been in Parliament when some of us were in school. When he utters a word such as the one he uttered, “nuisance”, it might be unparliamentarily but maybe you should guide us on what is the parliamentary equivalent of nuisance. This is because there is something that he must have been trying to communicate---.

Order Member. I have already made a ruling on that---.

Mr. Speaker, Sir. I am just asking for the parliamentary equivalent. You know, in Swahili language we call it tasfida ---

Order! I have already made a ruling on that matter. Just as I ruled, we want the Cabinet Secretary (CS) for Lands and Housing to appear before the Committee so that we can get comprehensive responses to all outstanding issues that we were not able to get. Let us get the next statement from the Chairperson Senate Committee on National Security, Defence and Foreign Relations. We are on statement “P” as sought be Sen. Olekina. USE OF EXCESSIVE FORCE/POLICE BRUTALITY DURING RAID AT THE UNIVERSITY OF NAIROBI

thank you, Mr. Speaker, Sir, this statement is not new. It was requested earlier. I am just getting it because I know I had it. There are certain statements that we have been trying to follow up from the Ministry Of Interior and Coordination of National Government. They have all been ready. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Okay, will you confirm before close of business today?

Mr. Speaker, Sir, actually in the next few minutes, I will just confirm.

Okay. The statement will be revisited. The Chairperson, Senate Committee on Lands and Natural Resources. Is it the same story? COMPENSATION TO PERSONS DISPLACED BY THE SGR PROJECT CONSTRUCTION OF APARTMENT BLOCK ON THE NAIROBI RIVER BANK ALONG RIVERSIDE INVASION BY ILLEGAL SETTLERS/ILLEGAL SUB-DIVISION OF KALRO LAND DIVISION OF REVENUE OBTAINED FROM MMINING IN TAITA-TAVETA COUNTY

Mr. Speaker, Sir, it is the same story.

Okay. We will get the CS for lands to give you a response on all those matter.

Let us go to the Chairperson of the Committee on Education. REGISTRATION AND PROVISION OF FACILITIES IN PRIMARY AND SECONDARY SCHOOLS

Mr. Speaker, Sir, this statement is not ready but I am requesting for one more week.

are you sure you will bring it by Tuesday.

Mr. Speaker, Sir, I am very sure because we do not have any pending statements.

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 have the Chairperson, Senate Committee on Health. I can see many statements. CANCER SITUATION IN MARSABIT COUNTY

Let us have the chairperson of the Senate Committee on Labour and Social Welfare. EMPLOYMENT REQUIREMENTS FOR FRESH GRADUATES

Mr. Speaker, Sir, on this one we had even discussed with the Senator who asked. Unfortunately, I cannot see him in the House to confirm. He was to attend our interrogation of the same from the relevant Ministry. Kindly, you can maybe indulge us so that when he is back in the Senate we can issue the statement.

The Statement will be revisited. Let us have the Chairperson of the Senate Committee on Labour and Social Welfare. YOUTH UNEMPLOYMENT IN KENYA

Mr. Chairperson, Sir, I think we need to do some cleaning. This is part of the statements that have been responded to in this House.We responded to this statement on the status of youth unemployment by Sen. Prengei. In addition, we asked him to also join us as we interrogated the matter with the Ministry of Labour and Social Protection, unless the response is unsatisfactory. If Members will remember, some of the questions that were being asked were very straightforward such as what the rate of unemployment was and what the Government is doing to solve the unemployment problem. We had given that in a response that covered that, and also covered Sen. Chebeni’s question on the same.

Sen. Prengei, since you are here, you can confirm whether you are satisfied with the response which was given.

Yes, Mr. Speaker, Sir, I attended a meeting where the responsible institution was. I was satisfied with the statement.

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

What is your point of order, Sen. Malala?

Mr. Speaker, Sir, I would like you to give direction as to whether the question that was asked is a property of the Member or of the House. I think we also should have information on the response. The Member cannot attend a meeting of the Committee and think that he has satisfied the House. I do not think this is a matter of the Member but of the House and the response should come to the House.

if I heard well, the Chairperson has said that he had responded to that matter in this House. He further asked the questioner to attend 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.

Mr. Speaker, Sir, my Chair is not in but as a Committee, we request for one more week so that we can give the response.

Proceed, Sen. Nyamunga.

Mr. Speaker, Sir, it is with regret that I have this suggestion on the issue of Committees. They can be made to resign and then we offer ourselves for these positions because we are doing a lot of nothing in this House.

Order, hon. Members. I will issue a comprehensive statement on Tuesday because we cannot proceed this way. That is not acceptable to this House. We need to be serious. Kenyans are watching us and we cannot just come here to make the Senate look like a sham. We must be serious. I will issue a statement on Tuesday on how we will proceed with this matter.

Let us have the Chairperson of the Standing Committee on Finance and Budget to issue a statement on Kshs65 billion allegedly owed by the national Government to Nairobi City County Government. ALLEGED DEBT OWED TO THE NAIROBI CITY COUNTY GOVERNMENT BY THE NATIONAL GOVERNMENT

Mr. Speaker, Sir, I am sorry. I have tried to peruse the Order Paper but I did not see anything for the Committee. Which number is it? I seek your indulgence.

It is statement (jj). If you have not seen it, then I do not think you will have a response.

Mr. Speaker, Sir, thank you very much. This statement is about the money owed to the Nairobi City County by the national Government. In fact, we were discussing this with the Senator for Nairobi County. He promised to give that report which he said it was already discussed somewhere. So, I have not got the report from the national Government yet. I am sorry we will issue it in the next two week.

Hon. Members, in view of what is happening; I am suspending all those statements until next week on Tuesday when I will issue a statement. ISSUANCE OF TITLE DEEDS TO RESIDENTS OF KIBAGARE VILLAGE, KITISURU WARD, WESTLANDS CONSTITUENCY 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, pursuant to Standing Order 46(2)( c), I hereby present to the Senate the business of the House for the week commencing Tuesday, 15th May, 2018. As you are aware, today is the third and final day of the debate of the address by H.E. the President. I take this opportunity to thank Senators for their thoughtful and insightful contribution to the debate. The Senate Business Committee (SBC) will meet on Tuesday, 15th May, 2018 to schedule the business of the Senate for the coming week. Subject to further direction by the SBC, the Senate will on Tuesday, continue with consideration of business that will not be concluded in today’s Order Paper. On Wednesday 16th May, 2018 and Thursday 17th May, 2018, the Senate will consider business that will not have been concluded on Tuesday and any other business scheduled by the SBC. Hon. Senators, the following Bills are at various phases of Second Reading:- (a) The Food Security Bill (Senate Bills No.12 of 2017) (b) The County Boundaries Bill (Senate Bills No. 6 of 2017) (c) The Office of the County Attorney Bill (Senate Bills No.3 of 2018) (d) The County Governments Retirement Scheme Bill (Senate Bills No.6 of 2018) (e) The Public Participating Bill (Senate Bills No. 4 of 2018) (f) The County Wards Development Equalisation Fund Bill (Senate Bills No.5 of 2018) There are also two Bills due for Committee of the Whole namely:- 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.

What is your point, Sen. Sakaja?

Mr. Speaker, Sir, I am sorry I have to take you back or even apologise on behalf of other chairs. Members will confirm that I always have answers. I have Sen. Pareno’s statement while Sen. Ledama’s answer is on its way. If you allow me, I will start with the response to Sen. Pareno’s statement so that we can move it out of the Order Paper.

I made a ruling. We cannot go back. Let us ---

Mr. Speaker, Sir, part of the problem is that many times we come with all these responses in files, we are never called and so, the day that you get to us, we do not have the responses but I have answers, Sen. Pareno has ---

I ruled that Chairs should have answers all the time. Hon. Senators want responses. These issues come from the counties. Yes, Sen. (Dr.) Zani?

On a point of order, Mr. Speaker, Sir. Would I be in order to indicate that in the Standing Orders, it is very clear that if the Chairperson or Vice Chairperson is not there, like Sen. Seneta has done today, we can give the statement. So, the issue raised by Sen. Sakaja, is not whether you are there or whether the other person is there because the Speaker already ruled before that you can give the statement even if the person who sought that statement is not there at that time on a day you will not be there, you can delegate to your vice chair or a Member of the Committee to do the same. It is in the Standing Orders.

Mr. Speaker, Sir, I do not think Sen. (Dr.) Zani has understood what I was saying. I was just asking for permission to give response to statements requested by Senators who are present in the House; as I currently am also present in the House. As you have said, I think those matters are pressing to the people of a county. I have the answers here. I am begging to give a response.

What is your point of order, Sen. Wambua?

On a point of order, Mr. Speaker, Sir. I need your guidance on this matter. You have ruled on this matter and you have moved on to other issues. Are we opening debate on a matter that you have already ruled on? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

What is your point of order, Sen. (Dr.) Zani?

On a point of order, Mr. Speaker, Sir. Is Sen. Sakaja in order to process in his mind what I have or have not understood? He cannot get in mind to understand what I have understood. I understood what he said and stated another point of order which was important to help us in this House to deal with the issue of statements which we have seen this afternoon as an issue we need to be a bit dynamic on in how we address.

Mr. Speaker, Sir, I would never imagine to get into Sen. (Dr.) Zani’s mind but I can only judge it by its output which is what she is saying. I am only begging. It might be strange in this House for a Chair to beg profusely for an opportunity to respond to statements asked by Senators. That is all.

Hon. Senators, I made a ruling on that matter. You will not give your answer when it is convenient for you when you have a response, while when you do not have a response, it is not. I have made a ruling. Let us get your response on Tuesday. Nothing drastic will happen to the response between now and Tuesday. Next Order!

Mr. Speaker, Sir, thank you for giving me this opportunity to make comments on the President’s speech. We the Minority do not have to make negative comments for the sake of it. However, as Members of the Opposition, it is very important that we do our work, whether the handshake is there or not. We are in the Opposition and we must put the Government on check. The President made a very good speech and I am in agreement with most of what he said, of course with some reservations. The Jubilee Government has a lot of pride 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.

Thank you Mr. Speaker, Sir, for giving me this opportunity. I also want to make a few comments on the President’s Speech. I have to begin by congratulating the President for making such a wonderful State of the Nation Address which came at a crucial time, a time when Kenyans needed to hear it. We heard of the achievements and we appreciate them. When it comes to information being disseminated on the Government’s achievements, we are asking the Government to allow Kenyans to enjoy the constitutional right to information as per Article 35 of the Constitution. Our Government agencies need to give more information whether via updated website and all that. Communication needs to be done and information needs to be readily available to the people of Kenya. I want to congratulate the President on the Agenda Four. Indeed, it is an agenda that is in touch with the people’s needs. Kenyans are still grappling with a lot of basic needs and a lot needs to be achieved. We are looking forward to seeing how the Government is going to actualize these four agenda items which are very big on everyone’s mind and our expectations are very high. I also congratulate the President on the handshake, which as Sen. Nyamunga said, has brought a lot of relief to Kenyans. As we continue to see the unfolding results of the handshake, in the spirit of inclusivity, we want the Government to show more inclusivity to women and the youth. We want to see a lot given to women and youth as we know that they are the primary labour force in the country. They have the numbers, passion and creativity to try new things especially now that we are looking at actualization of the agenda four items. I believe that women and youth can be champions of the four agendas. I want to add my voice on the issue of corruption. The President’s Speech states that: ‘Leaders at every level of Government must demonstrate a desire and commitment to serve and, in particular, we must all maintain the highest level of integrity’ 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 giving me the opportunity to contribute to the State of the Nation Address given by His Excellency the President. In the speech, the President addressed the fulfillment of the realization of national values by Kenyans, progress made so far in the fulfillment of the international obligations of the Republic and the state of our security. The President paid tribute to Parliament, especially the 11th Parliament for doing a great job in that Session by implementing the Constitution that was passed in 2010. I laud Parliament for the good work last time and I urge them to continue so that we can enact laws that can build this nation. The two Houses of Parliament, the Senate and the National Assembly, must cooperate in law making and stop competition for unnecessary reasons. 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.

Sorry, Senator, your microphone is off. Hon. Senators, I have a communication to make.

They have just gone out.

Okay, we acknowledge them in absentia.

Sen. (Eng.) Maina, proceed.

Thank you, Mr. Speaker, Sir. We are delighted and I join Kenyans in thanking His Excellency the President for the Speech that he made during the Joint Sitting of Parliament.

Among the things underlined in his Speech was the unity of this country. It underlined politics without hate, but politics about the welfare of Kenyans. That is what the Constitution and the oath that we took underlines. We should all take security efforts seriously, not just take it as a talk. It should be reflected in our utterances and actions. The greatest danger to this country, like others, especially in Africa, is lack of unity. We are ethnically divided. However, our ethnic differences should not be a basis for nurturing hatred. I also thank the former Prime Minister, Hon. Raila for joining the President towards achieving this goal. Madam Temporary Speaker, this moment has come and we should not take it for granted. Let us not let it slip away from us without entrenching some roots that will remain to unite us. As a student at Alliance Boys High School, we had a motto saying: “We will always agree, but at times, we will disagree to agree.” You would tell your 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): Are you done, Senator? Let us have Sen. Malalah.

Madam Temporary Speaker, first, before I contribute on the Presidential Address, I take this earliest opportunity to thank all the NASA Senators who believed in my leadership and voted for me as the Deputy Minority Leader. I also take The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I will allow you five minutes.

Thank you. We need to address the issue of police brutality and come to a conclusive end. However, I still want to look at this problem from the police officer’s perspective. The police officers are not corrupt because they are greedy but because they are demoralised. The other day, I was shocked when one of the agencies suggested that we should reduce the salaries of police officers. I think that is absurd. We need to encourage and give morale to our officers. When you look at their housing and insurance package, I think these are some of the factors that make the police officers get into corruption. It is upon the leadership of this country to ensure that we package a Kenyan police officer in a manner that befits a human being. Lastly, I agree that our country is healing and we are committed to ensure that this is achieved. Nevertheless, we have seen other leaders in different quarters wanting to raise the political temperatures in this country. I would like to urge Senators, hon. Members of Parliament and leaders in different capacities in this country to lower the political temperatures and concentrate on the healing of this country. I thank you.

Madam Temporary Speaker, thank you for this opportunity to be one of the final contributors to this Motion. This Motion is drawn from the Constitution. Indeed, what the President did last week on Thursday is a constitutional requirement. If I 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, Senators for the contributions. I now call upon the Mover to reply.

Thank you, Madam Temporary Speaker. First and foremost, I take this opportunity, on behalf of the Government, to console the families that have lost their loved ones in Nakuru. As you are aware, today there was a major disaster in Nakuru. Solai Dam burst its banks and several persons have passed on. The Government is doing everything to ensure all those people, together with their families and relatives are adequately catered for. Therefore, we assure that everything will be taken care of. Whoever is culpable for what has happened will face severe action from the Government. The Government will ensure that what has happened today will not happen again. We shall not leave any stone unturned. Everything will be investigated to ensure that we do 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, Madam Temporary Speaker. A very respected elder in this country, who is chairing the Building Bridges Initiative, has just entered the House. I request that Sen. Kang’ata donates some five minutes to him, so that he can make contribution to this Motion, before he concludes.

The hon. Senator has come too late when the reply has already started. Sen. Kang’ata, please, continue.

Madam Temporary Speaker, I was willing, but I am told that it is against the rules, given that I have already started my reply. However, I recognize the former Attorney-General and good Senator for Busia County. The Speech by the President was good and needs to be celebrated by this House. It captured all the facets of what the Government wants to do for the next four years. In particular, there is the so-called Big Four Agenda. The Government wants to address the issue of housing, food security, job creation and healthcare. The Government has taken into account the contributions by Senators. You have enriched the President’s Speech and once the implementation phase commences, all those points will be taken into account. I wish to comment on one thing that the President said and which has been discussed at length by Senators. It is the issue of national unity and ethnicity. The President said that he wants to leave a legacy of a united Kenya. Senators have discussed the issue of ethnicity in a very elaborate manner. The problem of ethnicity is not limited to this country. Other countries, including the so-called developed countries are still grappling with it. I refer to the long standing struggle in the UK by the people of Northern Ireland who wanted to have a separate republic or to join the other islanders to form another union. They wanted to break away from the UK. Although that can be deemed to have been a religious war between the Catholics and the Protestants, those who know how ethnicity is defined can deem that struggle as ethnic based. Religion, just like ethnicity, is based on what is called “ascriptive traits”. These are traits we acquire at birth. Madam Temporary Speaker, there is the ongoing struggle in Spain. People living at a place called Catalonia want to break away from the rest of Spain on the basis of a distinct language and culture. Even in other places, including small islanders like Guyana, there is a huge problem of ethnicity. That problem also bedevils several African countries, including Sierra Leon, where there was a civil war. In Somalia, clans are always fighting each other notwithstanding that they have same religion and language. 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, Madam Temporary Speaker. Is it right for the Hon. Member to drag politics into the Presidential Address? We are debating the Presidential Address. Therefore, we should not allow any political undertones to creep into this discussion. Let us stick to the agenda that we are discussing in this House. We shall not entertain the 2022 politics on the Floor of this House.

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

No further points of order. Senator, you are out of order. Continue on the topic, please.

Thank you, Madam Temporary Speaker, Sir. With those few remarks, I congratulate every Senator who made contributions to this debate. I beg to move.

On a point of order, Madam Temporary Speaker, Sir. It is not fair.

No more points of order.

On a point of information, Madam Temporary Speaker. Just a quick one.

What is the information? Whom do you want to inform?

Madam Temporary Speaker, I want to inform the House. My twin brother, Sen. Malalah, stood here and told us that he is the Senate Minority Leader. That was okay. Sen. Kang’ata has just said that Hon. Ruto is our candidate in 2022. Why is one wrong and the other one is accepted? These are statements of fact and agreements within political parties. That is our position. Sen. Malalah, we can relax.

We also want to say our candidate.

I will be a candidate.

Order, Members! Hon Senators, the Motion in question does not affect counties. I will put the question.

Next Order.

Sen. Nyamunga): We resume debate.

Thank you, Madam Temporary Speaker. I stand to support this Bill from the onset and commend the Senator who has moved it. Its nexus is the issue of when counties are suspended, as almost happened in the case of Makueni County during the Eleventh Parliament, there came a realization that there had not been a particular legislation in place to ensure that such a situation is satisfactorily dealt with. At that time, the county did not get suspended. However, we realised that the Senate- especially in terms of legislation- that it could happen. This Bill has been put into place to ensure exactly that, by bringing an amendment that after the Commission of Inquiry has looked into the various matters, it is able to report the recommendations and ensure that the whole process of dissolving that county are put into place. Madam Temporary Speaker, I have looked at the Bill. It is a comprehensive amendment Bill that seeks to create order, especially within the counties. I want to go straight to Clause 10. It states:- “Where the President in the memorandum submitted under Subsection (9(a), is satisfied that justifiable grounds exist for the suspension of a county government, the Speaker of the Senate shall refer the documents receivedunder subsection (9) to the relevant committee of the Senate for consideration.” Madam Temporary Speaker, you will recall that in the Eleventh Parliament, we had many situations where counties, especially through the county assemblies, were impeaching their governors. These cases came to the Senate and a special committee was put in place to look into the various issues. This was because I think the drafters of the Constitution, and rightly so, realised that if the county assemblies were allowed to make that final decision, we might have a situation where governors might be impeached at the whim of the Members of County Assemblies. This Bill was, therefore, put in place to ensure that there is a hierarchical and methodological way through the Senate to look at the various issues. For most of the cases that came to the Senate in the Eleventh Parliament, the procedure was to form the special committee apart from one case where the whole plenary also participated. The rules in the Constitution are very clear about how that should be done. The part especially about “justifiable grounds” enhances the procedure. 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, Madam Temporary Speaker. I think there was an oversight. I seek to adjourn that Bill. Pursuant to Standing Order No.99, I wish to postpone to some future occasion further discussion of this Bill on the basis that the Mover is not with us and he ought to be here to hear the other side. That was the expectation, that this Bill would be skipped.

Hon. Senators, I will now put the question that pursuant to Standing Order No.99, the debate on this Bill be now adjourned.

I will now defer Orders No.11, 12, 13 and 14 to the next sitting. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I beg to move that the County Wards Development Equalization Fund Bill (Senate Bills No.5 of 2018) be read a Second Time. I wish to alert Senators that my submissions will be divided into the following points: (1) The constitutional, policy and legal underpinnings of this Bill; (2) Outline of the Bill; (3) Benefits of this Bill; (4) Criticism against this Bill; and, (5) The proposed remedies for the Bill towards those criticisms. I now start with the first item which is the constitutional underpinnings of this Bill. The constitutional underpinnings of this Bill can be found in Article 176(2) of the Constitution. Allow me to read it. It provides as follows: “Every county government shall decentralise its functions and the provision of its services to the extent that it is efficient and practicable to do so.” I also cite Article 174 of the Constitution which states: “The objects of the devolution of government are— (d) to recognise the right of communities to manage their own affairs and to further their development; (e) to protect and promote the interests and rights of minorities and marginalised communities; (f) to promote social and economic development and the provision of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. Before I second, I can make one or two observations. The County Wards Development Equalization Fund Bill (Senate Bills No. 5 of 2018) sponsored by Sen. Kang’ata is very important because it meets the objects of devolution, as per Article 174 the Constitution of Kenya, 2010. One of the objects is to ensure that we carry on with socio-economic development to the lowest level that we have. In the objects and the spirit of Article 174 and devolution, is that we should be looking at the possible ways we can devolve the functions as envisaged under the Fourth Schedule of the Constitution on the functions of the county government. I therefore, think this Bill has been elaborated and the issue of oversight well be dealt with because we now have the boards and the project committees. The role of the MCAs has been delegated so as not to interfere with oversight, now that we have the County Assemblies Select Committee. According to Clause 3(b) of this Bill, there is the issue of priority projects. All of us come from various counties that have uniqueness and different topographies that are very important going forward. Madam Temporary Speaker, your county, Kisumu neighbours the lower parts of Nandi County, where I come from. Terik, Chemise and Chemelil wards are different from far-flung areas such as where we share with the former Western Province. Therefore, the priority areas of projects in such wards in Terik and Kenyelile ward in Uasin Gishu County is not the same. County Wards Development Equalization Fund Bill (Senate Bills No. 5 of 2018) will therefore, ensure that every ward will hold its development agenda based on its priority. As we talk now, some areas are affected by landslides while others are not. You, cannot therefore, use uniformity to address development. This Bill will ensure equality and equity in development agenda across the counties. Madam Temporary Speaker, the snapshot on that clause is the marginalized and minority groups. These groups will participate in development. For example, in my county, we now have a specific ward called Terik that is inhabited by the Terik people. The rest of the twenty nine wards are inhabited by the Nandi speaking people. It means that if we are not careful, one part of the county will be relegated because of the uniqueness of being a minority or marginalised. Every ward will address its specific development needs and will cure the aspect of being marginalised or a minority group. They will now feel that they are part of the county. One of the objects and aims of devolution is to try to address the marginalised and minority groups; to make them feel that they are part of the socio-economic development at the lowest level that we have. Madam Temporary Speaker, another aspect is that it will enhance public participation which we cannot elaborate more. I know my Committee is also considering 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 rise to support this Bill and to say the following. This Bill will help us deal with issues that MCAs go through in the counties. They are being compromised by the governors because they have to play nice in order 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.

Very well. Let us now have Sen. Seneta.

Madam Temporary Speaker, thank you for giving me a chance to also contribute to this very important Bill. Before I do so, I request for your permission to also condole with the families who lost their loved ones in the Solai floods. Just like many of my colleagues have already said, the Government should declare floods a national disaster and treat it with a lot of urgency. They should put more emergency funds and aid to assist people in all the parts of this country that have been affected. It is not only Nakuru County which is mourning today but also the same is experienced in many other counties like Taita-Taveta, parts of Narok County and many other parts of this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Madam Temporary Speaker. I beg to move that the debate on the Motion be now adjourned to the next sitting. This is a very interesting Bill that needs a lot of time and attention. If we do that, we will give this Bill the maximum time that is required. It is an important Bill to all of us and this House needs to address itself to it properly.

Hon. Senators, having concluded the Business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until Tuesday, 15th 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.