Hon. Senators, Article 215 of the Constitution of Kenya establishes the Commission on Revenue Allocation (CRA). The principle function of the CRA is to make recommendations concerning the basis for the equitable sharing of revenue raised nationally, between the national and county governments. Additionally, the commission determines, publishes and regularly reviews the policy in which it sets out the criteria by which marginalized areas are identified. Hon. Senators, by a letter received in the office of the Clerk of the Senate Ref. No.CRA/CSO/P&S 2 Volume 223 dated 15th March, 2018; the CRA invites the Senate to a consultative meeting to deliberate on the Draft Second Generation Policy Identifying Marginalized Areas in Kenya. The meeting is scheduled to be held on Thursday 17th May, 2018 at the Senate Chamber from 8.30 a.m. to 10.00 a.m. Hon. Senators may wish to note that this meeting was scheduled to be held at an earlier date, but was postponed to enable the commission hold discussions with the Senate Standing Committee on Finance and Budget first. All Hon. Senators are encouraged to attend and participate in the deliberations. Kindly also note that immediately after the meeting with the CRA, we shall meet with the Liaison Group (Health Insurance Brokers) on medical scheme issues. 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.

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

Mr. Speaker, Sir, allow me to congratulate you for making a very comprehensive statement in so far as the issue of statements is concerned. I would like to inform the House that the Senate Minority Leader and the Senate Majority Leader have been invited by the Liaison Committee to attend the same meeting. Once we get the direction on this matter, it will make the business of the Senate more organised. As we speak, that Liaison Committee meeting must consider to what extent a chairman can defend a statement that has been signed vis-à-vis a statement that has been interrogated by a committee and tabled in this House as a report. I would like to defend the chairmen because I saw a story elsewhere misquoting you to some extent and I know it is not evidence in this House. They are criticising the chairmen in the House saying that they have not done enough. I doubt if it is really their fault. It is we who are using the parliamentary processes and systems to respond to the presidential system of government. Sen. Wetangula used to ask us what committee system means. To what extent does a committee function on behalf of the House? If you look at all the debates and inquiries that have been done in the United States of America (USA), because that is where we borrowed the presidential system of government from, you will realise that in all the reports about Facebook Inquiry and all the inquiries related to security in the USA, nobody talks about how the question was answered on the Floor of the Senate in the USA. All we hear is about how the Senate committee was inquiring into a particular issue and the report that was given to the House. I think the ultimate objective of this process should be to return a proper presidential system of government with a proper working committee system. From where I stand and speaking of my colleagues from the Minority side, we will be there and ready to shift that. Perhaps that will be your greatest contribution as the second Speaker of the Senate. It would be said that during your time, a proper working committee system was established, which responds to the Constitution; which recognises the presidential system of government. I thank you.

Mr. Speaker, Sir, I thank you for your ruling and I had initiated the matter. I must also note that I am also a Chair of a committee. When I raised those frustrations, I am part of that big mess that we are trying to address. You have enumerated the challenges that Chairs face and I do not want to belabour or debate before the Liaison Committee sits. However, I wish to urge Members 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. Sen. M. Kajwang' was proceeding very well in a very humble and submissive manner. Is he in order to use the word “gluttony”? Democracy provides that in any situation, the majority will have their way and the minority will have their say. Is that not an insult on a constitutional order; but more importantly is that parliamentary?

Sen. M. Kajwang', proceed. I will make a ruling on that.

Mr. Speaker, Sir, I will continue in a submissive and humble manner. However, I want to remind us that when old bones are mentioned in a proverb, old women usually complain. I hope that the Liaison Committee will also address itself to this particular matter of committees---

Point of order!

What is your point of order?

Mr. Speaker, Sir, you can see that Sen. M. Kajwang' is drifting from one sin to another. By the time we rescue him, he would have committed an unforgivable sin. What is it that Sen. M. Kajwang' saw in an old lady and not in an old man? Why is he using examples revolving around age of elderly statesmen and stateswomen but particularly focusing on women?

I think that is a proverb from Chinua Achebe’s book. He was only quoting what Chinua Achebe wrote. Proceed.

Mr. Speaker, Sir, thank you for protecting me. I know Sen. Murkomen’s birthday is a difference of one month from mine. I will get him a copy of that Chinua Achebe book. Mr. Speaker, Sir, I humbly submit that the Liaison Committee also considers the issue of leadership of committees. I thank you.

Mr. Speaker, Sir, thank you very much. Unfortunately, on Thursday, I will not be available to make my suggestions because I will be attending another meeting. 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. The Chairpersons come from the Majority side, which means the Government. I hope that the people who are in Government are not attempting to sabotage this House.

Sen. Kang'ata, please, let us consult in low tones.

The Chairpersons come from the Majority. In South Africa, Hon. Malema is famous for questions and in the United Kingdom, Question Time, on Wednesdays, is the most important session. We recently watched one member resign in the House of Lords because of not answering a question. The only way we can put the Government to task is by asking questions. While you contemplate it, we hope that we will not lose the opportunity to question Government on the Floor of the Senate where Kenyans are watching. We do not want to hide. The balance must be created in such a way that the Government must still answer questions through the Majority and possibly follow a handshake formula. It is not a contradiction, in the spirit of moving this country forward, for the Majority to cede some of the Chairpersons to the Minority. Thank you.

Thank you Mr. Speaker, Sir, for giving me the Floor. This is a House of record and order. When you issued orders on Thursday, you required that all Chairpersons and Vice Chairpersons of Committees attend the Sitting today before you deliver your ruling. I want to request the Chief Whip of the Majority to confirm to this House whether or not all the Chairpersons and Vice Chairpersons of Committees are in attendance, incompliance with orders that you gave from the Chair. 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 give that directive.

Thank you Mr. Speaker, Sir. The 11th and 12th Parliaments found themselves in a Presidential system and that has created problems. As you have said, had it been the Cabinet Secretary (CS) answering the questions, they would know the intricacies of the issues and even answer ad hoc questions. It has been clumsy and unfortunate when Members or Chairpersons have to answer questions on behalf of the CS’s. They sometimes even answer questions on behalf of the CS from the opposite side. We definitely have a problem. In the 11th Parliament we tried to solve this many times by having the CS come to the Committee of the Whole, especially when we had so many questions relating to a particular Ministry. That gave the House a good opportunity to oversight. To add to what Sen. Mutula Kilonzo Jnr. has said, we could have those sessions televised, so that we ease the workload. We also mentioned the importance of Committee Chairpersons allocating responsibilities to some of the Members of their Committee, so that they can give some of the specific answers. I do not know what will be the decision of the Liaison Committee, but we have to wait to see the direction that they will go. However, I think that it is important to have a balance in all that. I know that the National Assembly decided that Statements will be handled by the Committees. If we do that, we will lose a very important role of the Senate because the Senate stands for the interests of the counties and there are certain issues that happen within the counties that have to be discussed through Statements. When that is discussed here, it gives us the representative role. I hope that we will not go the direction of the National Assembly. However, we also have to find a way to balance the number of Statements and the way they are given in this House. This is because we seem to be getting lost along the way in terms of strength, effort and energy that is put into getting the answers, including the way they are given on the Floor of the House and the questions that come after that. As the Liaison Committee meets, let us ensure that we have a balance. Right now, bigger discourse within the country is whether we will remain Presidential or go Parliamentary. However, we have definitely lost a very important aspect of having the CS’s in the House for them to answer questions.We must find a way of holding them accountable and this House can do that better than any other institution. Thank you, Mr. Speaker, Sir.

Thank you Mr. Speaker, Sir. This is a serious issue because a lot of business transacted on the Floor of this House is done through Statements. However, the Chairpersons and Vice Chairpersons of Committees cannot be the representatives of the Executive in this House. When I was in the National Assembly and we tried to create a General Purposes Committee, there was protest from the Executive. They said that 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, I laud your ruling and want to urge that a better mechanism be designed to handle Statements. If you look at today’s Order Paper, we have 38 Statements. Even if we were to allocate five minutes to each, it would consume the entire afternoon. We have to find a formula on how to handle Statements. Last week, my distinguished brother from Garissa said it all on the Floor, when he read a Statement. When we interrogated him, he said: ‘I did not say it; I just read it’. That means that---

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

What is your point of order?

Mr. Speaker, Sir. I said that it might have been in the statement; but I never said or read it.

Okay. Proceed, Sen. Wetangula.

Mr. Speaker, Sir, the long and short of it is that the Chairman carried a statement from the Executive and disowned the contents. What we want is responsibility from whoever brings the statement. The reason that Chairpersons sometimes fumble is because these statements are given to them as they walk into the Chamber. Sometimes they are not even able to interrogate the Ministries that are sources of these statements. The National Assembly, in the last Parliament, tried to get Cabinet Secretaries (CSs) and Principal Secretaries to answer statements and questions in the House, but they did not succeed. Taking cue from what the Senate Majority Leader said about the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I am sorry for coming in late after you had recognised one of the schools from my county, Machakos. I take this opportunity, as the Senator for Machakos County, to welcome one of the schools from my county known as Sengani Girls Secondary School. For those who do not know, it is situated in the sub- county of Matungulu, Machakos County. Their visit to the Senate today is a learning experience of how one of the three arms of Government – the Legislature – functions. When they go back to school, they can read about our roles as the Senate under Article 96 of the Constitution. Lastly, let this visit to the Senate be a motivational avenue for the students to work hard in school so that one day they may become legislators or future leaders to serve the society. I thank you and God bless you.

Thank you, hon. Senators. The issues that have been raised have been noted. When the matter is discussed by the Liaison Committee and later by the Senate, we will get a way forward so that we are not caught in a situation similar to the one we are in today. Next order!

Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order 41(3) and (4), I have received the following message from the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

.: Mr. Speaker, Sir, I rise under Standing Order 44 to read a message from the Governor of Makueni County, Hon. (Prof.) Kivutha Kibwana, to the Senate reporting a request for assistance on the recent disasters. The letter is dated 11th May, 2018, and is addressed to the Speaker of the Senate. It reads as follows; “Dear Sir, Ref.: Disaster Report and request for assistance. The above subject refers. I wish to bring to your attention the devastating effects of the heavy rains and the resulting loss of lives and property due to the flooding situation in Makueni County and our urgent need for assistance towards mitigation of the same. We have done a comprehensive mapping of the quantification of the damage incurred so far. This has been done jointly with national Government agencies, Members of County Assembly (MCA), the Kenya Red Cross and other multi-sectoral players. The damage is massive. The estimates in the immediate reports and humanitarian assistance is Kshs1,134,200,354. We estimate the cost to complete the required investigation and people’s livelihood will be over Kshs2 billion. Mr. Speaker, Sir, in summary, Makueni has lost 18 people due to rains. At least, 26 dams have been washed away and 58 dams have been eroded requiring urgent repair work. Almost all our roads have been rendered impassable with several drifts and bridges cut off or washed away rendering places inaccessible. People’s homes have been destroyed by floods or mudslides leaving them homeless and vulnerable. A total of 263 school toilets have been sunk and collapsed and 55 classrooms have been destroyed. Families have lost livestock and farm crops, among other resultant misfortunes. On 30th April, 2018, I convened a meeting of all the leadership of the county, including the County Commissioner, representatives of the departments of the national Government, Members of Parliament (MPs) and Members of the County Executives, MCAs, the clergy and other stakeholders to enable us jointly deliberate and address ourselves to the devastating situation. Subsequently, the County Assembly of Makueni during its 31st sitting held on 2nd May, 2018, passed a resolution on the establishment of an ad hoc rapid response committee to address the effects of the floods in the county. I have attached the copy of the resolutions. The Committee was charged with the coordinating efforts--- 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.

What is your point of order, Sen. Halake?

Mr. Speaker, Sir, are we in order to be discussing the economics of these devastating floods alongside these deaths before we first acknowledge the deaths and accord our dearly departed some respect? The last time we acknowledged deaths in this House----

What is your point of order, Hon. Senator? Once this statement is made, you can rise to make your points.

Mr. Speaker, Sir, my issue is that the Hon. Senator is reading about deaths and the devastating effects of the floods---

Order, Member! We are not yet there. Be patient and we will get there. Proceed, Sen. Mutula Kilonzo Jnr.

.: Thank you, Mr. Speaker, Sir. Let me see whether I can find where I was. I have found the paragraph. “The Committee was charged with coordinating efforts geared towards addressing the effects of the floods in the county and identifying the necessary emergency responses. A comprehensive report of the status is attached. Now therefore, Mr. Speaker, Sir, the purpose of this letter is to request for the urgent intervention of the Senate towards the urging the relevant Ministries, agencies and arms of national Government to offer assistance to our county towards humanitarians assistance, reconstruction and recovery efforts. Mr. Speaker, Sir, I hereby kindly ask your office to deliver our request to the Senate pursuant to the provision of Standing Order No.44 of the Senate. The statement is signed. Yours Faithfully, Kivutha Kibwana, Governor, Makueni County.”

Thank you, Mr. Speaker, Sir. Following the statement that has just been read, I had already requested for a statement on deaths and other devastating effects of floods in Kapedo. What we need here is a real statement. This is a situation where---

Order! Order!

Mr. Speaker, Sir, where death is concerned---

Order! Order!

Hon. Senator, I know you are raising a very important matter. However, it is a completely different subject matter from what is being discussed. We will give you an opportunity to seek your statement when the time comes

Mr. Speaker, Sir, this is the first statement of its kind in this House conveyed by a governor of a county. We must congratulate and laud the efforts of Governor Prof. Kivutha Kibwana for formally 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 also salute my good teacher, Prof. Kibwana, for not only sending a message here, but leading the queue of governors to recognize the importance of this House in protecting and defending devolution. Mr. Speaker, Sir, Standing Order No.44(6)(b) under which the Message has been delivered, gives the Chair authority to exercise a discretion to appoint a day for consideration of the Message. I encourage you that in exercising your discretion under that Standing Order, you give this House an hour or two, either today or tomorrow. We want to ventilate exhaustively, not only on the plight of Makueni County, but also the plight caused by devastating floods countrywide. Mr. Speaker, Sir, if you look at what is going on in the country following the unusual heavy rains that we have had in the last two months, you will start to wonder 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 Sen. Poghisio.

Mr. Speaker Sir, I just wanted to add my voice in congratulating Governor (Prof.) Kibwana, for as has been said, setting the pace in the trend, mode and the nature of expressing support for this House. He is the kind of person who has gone and made calculations of the losses in terms of almost exact how much it is going to cost. It behooves us to help in the manner in which we should. I support the statement and encourage governors to recognize that there is a procedure and a way that they can reach this House for much of this help.

Yes, Sen. M. Kajwang.

Let us have Sen. Halake.

Thank you, Mr. Speaker, Sir. I also add my voice to congratulate Governor (Prof.) Kibwana and Sen. Mutula Kilonzo Jnr., for always being the first to get it right with regard to partnership, and collaborations with impact. I know everybody has jumped to congratulate Governor (Prof.) Kibwana for what I consider not to be the right reason. We should rather recognize this House as the one that will do all these things--- In the process, we do not lose sight of what the call to action - as Sen. M. Kajwang’ has mentioned - is. This is because we are so happy and pleased with ourselves that we have been recognized by Governor (Prof.) Kibwana and Sen. Mutula Kilonzo Jnr. Regarding disaster management in this country, we have seen the weaknesses that have happened and how we are definitely not resilient. Our institutions are not ready for these things, especially of the magnitudes we saw the other day. I know that Governor (Prof.) Kibwana is looking to us to legislate and to provide the frameworks that will provide not just the legal and legislative framework, but also the resources that will go to counties. I am happy that Sen. Wetangula has said that we need to discuss this further with a view to ensuring that we see and decipher what exactly needs to happen for a certain impact to be achieved. That will then enable us built resilient communities and institutions that can actually deal with disasters in this country. It has been said that Makueni County is one of the shining examples of a working county. I congratulate them for that. Even reaching out to the Senate is definitely a very good point in the right direction. However, disaster legislations always come with an institution, layer of coordination or another parastatal that should care for all these disasters. For me as somebody who comes from a background of managing disasters, I believe we should strengthen existing structures, systems and the county government to be the first responders. This is because when we have somebody coming from somewhere else; the result is always death and devastation. As we consider, deliberate and debate this, let us look at how we will make our local units and systems to work. Mr. Speaker, Sir, at the same time, we have a very strong and robust Kenya Red Cross system---

Please, be brief, Senator.

Yes, I will, Mr. Speaker, Sir. Kenya Red Cross system is a very strong and robust humanitarian one. We need to look at how to strengthen these organisations and resource them so that they can continue to serve. Just to echo what Sen. M. Kajwang’ has said, disaster Management is not about relief food. I hope we will look at disaster Management from the angle of mass 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.

Yes, Sen. (Prof.) Ongeri.

Thank you, Mr. Speaker, Sir. I rise to add my voice to comment on a continuing disaster which is taking place in our country. Governor (Prof.) Kibwana has given us a wake-up call to a situation which I feel that there is so much human loss. My first reaction to that message is to send a message of condolence as a House to the people of Makueni County and other counties which have been devastated by these floods and disasters. That should be the first call of action from this House; to say we are very sorry for the loss of human life. Secondly, I may be wrong, but I sense that the action from the side of the national Government has been wanting. We should roll up our sleeves through this House to look at various mechanisms through which we can address disaster management in this nation. For instance, we need to look at disaster preparedness and the consequences arising out of the disasters that we have witnessed like the flooding now. The next thing I expect to see is cholera, malaria and other infectious diseases because of stagnant pools of water all over the place. The Kenyan nation, owing to its reputation must rise to the occasion of being able to address the disaster management in a much more efficient manner. This House, Mr. Speaker, Sir, under your watch, should be able to legislate on how resources can be allocated at such a moment in times of a crisis, and not to wait for regular budgets. We now need to look at the disaster management fund and the way it is being managed as a way forward for action.

Hon. Senators, there are statements that relate to a similar matter. Therefore, I wish to make a conclusion on this. Hon. Senators, Standing Order No.44 outlines the procedure on exchange of messages between the Senate and the county governments and consideration by the Senate, of messages received from the county governors. Hon. Senators, pursuant to Standing Order No.44(6) and looking at options that are provided for, I direct that the message be referred to the Standing Committee on National Security, Defence and Foreign Relations for its consideration. The said Committee should prepare and table a report on this message in not more than 14 days from today. Next order!

On a point of order, Mr. Speaker, Sir. First, this is an emergency. It is requesting for emergency intervention. Two weeks is too long. This is a matter for which the Committee can drop everything and burn their midnight oil to consider the matter in the context of an emergency. A week will even be too long. Secondly, given the complexity of the matter and the far reaching recommendations that may come out of this, it can be considered by two Committees; 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.

On a point of order, Mr. Speaker, Sir. I think your order is quite in order in view of the fact that although the matter is very urgent, the Committee cannot deal with it within a week or so because we have to, one, put a notice on the papers for public participation; and not only that, on Thursday this week, we have people coming to present their views on better management of disaster. So, the matter is urgent but let us not hurry. Let us do it in an orderly manner.

Hon. Senators, in my ruling, I said, within 14 days. It can be after one day, three days; if they expedite and move faster, that will be good because it is an emergency but it should not go beyond 14 days. That is why I said, within 14 days. I agree that the Committee on Finance and Budget can also be incorporated because of the financial implications. Next order!

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 15th May, 2018:- Report on the Proceedings of the First Extra-Ordinary Session of the Plenary Assembly of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (FP-ICGLR) held in Kinshasa, Democratic Republic of Congo from 19th to 20th March, 2018.

(Sen. (Prof.) Kindiki): Do we have another Paper? REPORT ON INTER-PARLIAMENTARY HEARING AT THE UN, NEW YORK, USA

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 15th May, 2018:- Report on the Proceedings of the Inter-Parliamentary Hearing at the United Nations, New York, USA from 22nd to 23rd February, 2018. 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): Very well. Next Order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, pursuant to Standing Order No.17, the Senate approves the nomination of Sen. Judith Pareno to replace Sen. Cleophas Malalah as a member of the Speaker’s Panel and to further preside over the Senate in the absence of the Speaker and the Deputy Speaker pursuant to Article 107(1)(c) of the Constitution and Standing Order No.5 of the Senate.

(Sen. (Prof.) Kindiki): Very well. Do we have another notice of Motion? Next order! Okay, we have the Senator for West Pokot.

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion:- THAT, the House adopts the report of the proceedings of the First Extra Ordinary Session of the Plenary Session ---

(Sen. (Prof.) Kindiki): Order, Sen. Poghisio. Is that a Notice of Motion?

Yes, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): I heard as if you talked about something else. Proceed, if it is a notice of Motion. ADOPTION OF REPORT ON THE FIRST EXTRAORDINARY SESSION OF THE FP-ICGLR IN KINSHASA, DRC

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion:- THAT, the House adopts the report on the proceedings of the First Extra Ordinary Session of the Plenary Session Assembly of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (FP-ICGLR) held in Kinshasa, Democratic Republic of Congo from 19th to 20th March, 2018.

(Sen. (Prof.) Kindiki): Next order. Order, hon. Senators! We proceed on that order but on the basis of the ruling made earlier by the Speaker, which is that we shall be looking at statements under 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, pursuant to Standing Order No.46(2)(a), I rise to make a statement on the Solai Dam Tragedy that has caused havoc, deaths, loss of property, livelihoods and generally disturbed the normal operations of the people of Subukia in Nakuru County and Kenyans in general. This tragedy has, indeed, pricked the conscience of every Kenyan. It is a matter of grave concern. I kindly request that hon. Senators be upstanding and observe a minute of silence in honour of the departed souls.

Thank you, hon. Senators. Mr. Deputy Speaker, Sir, on Thursday, 10th May, 2018, Kenyans woke up to the tragic news of the Solai Dam Tragedy which had swept away villages on Wednesday night. The privately owned dam broke its banks at around 8.00 p.m. on Wednesday night and it left 47 lives lost - most of them being small school-going children - in the most unfortunate circumstances. Over 500 families are now homeless with orphans and destitutes among them. Majority of these people who had their own habitations, whether own homes, rental or farm quarters, are now camping in tents at Solai High School grounds where well-wishers are supporting them with foodstuffs, blankets, mattresses and other types of clothing. It is indeed a human catastrophe. Several others are undergoing treatment at levels four and five medical facilities within Nakuru County. I also wish to commend the good work of the Red Cross Society of Kenya for their swift action. Upon receiving the information of the dam tragedy, a disaster management centre was set up to provide counseling information and they have attended to the survivors of the tragedy as well as the coordinated dissemination of updates to the media and the affected locals. I also commend the national Government for its response with a high powered team led by Cabinet Secretary for Interior and Coordination of National Government, Dr. Fred Matiang’i; Cabinet Secretary for Devolution and ASAL Areas, Mr. Eugene Wamalwa; Cabinet Secretary for Water and Sanitation, Mr. Simon Chelugui; our defence forces disaster management team and other officials from the National Disaster Operations Centre (NDOC) who went to assess the damage and humanitarian impact, advised on immediate remedial actions as well as commissioned the rescue, recovery and support mechanisms. 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. Kihika. I appreciate how serious, grave and touching this issue is but the Standing Orders gives you a maximum of 10 minutes and I hope you are conscious of that.

Thank you Mr. Deputy Speaker, Sir. In conclusion, what compensation will the farm owner undertake in regard to the environment where trees, vegetation, top fertile soil was washed away and land left bare? Rocks and boulders are jutting out as well. Previous arable and productive lands now look like a desert. Disaster occurrence anywhere causes panic, confusion, huge loses and hence demands decisive and prompt responses. I look forward to what is coming on the Floor of the Senate, which is the National Disaster Management Bill, which will help us bring sanity to such situations.

(Sen. (Prof.) Kindiki): Order Sen. Kihika. Your time is up. You know what to do if you want to communicate to the Chair and that does not include what you are doing now.

Mr. Deputy Speaker, Sir, could I have an additional three minutes and I will be done. Disaster occurrence anywhere causes panic, confusion, huge loses and hence demands decisive and prompt responses. The Senate and every Kenyan needs to ask if the speed of response by the national and county governments is appropriate whenever a disaster occurs. When we have fire outbreaks, road accidents, drowning or buildings collapsing in Nairobi and elsewhere, do we respond in time and as prepared? Is the country’s disaster response up to the expected standards in terms of personnel and equipment? These are provocative questions, lamentations and open concerns that need real answers. The Senate has debated the National Disaster Policy and approved the same. The question is; has it been operationalized? While the Red Cross as well as the National Disaster Management Authority (NDMA) have swift and prompt response in the event of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Kihika. I will give this chance to a number of other Senators to make their comments. Please be brief and specific to the point.

Thank you Mr. Deputy Speaker, Sir. First of all, I pass my condolences to the families and relatives of the people who lost their loved ones. That was a horrendous incident. From the facts that are coming out and having consulted the people who know the history of this country, that must be the worst water tragedy that we have ever witnessed in this nation and it is sad to know that it occurred as a result of negligence. There is a possibility that it could have been avoided. I want to thank the Chairperson of the Committee on National Security, Defence and Foreign Relations and its Members. I also want to thank the Senator of Nakuru County, who is the Whip of the Majority side, for she has been very vocal on these issues. She has been the voice of the weak in Nakuru County. That includes, Subukia and Solai itself. Those people need a voice. Sometimes, in such situations, it is possible to find that one is dealing with very wealthy people and it is easy for leaders to fear to speak their mind because they think that they will be offending the rich. I saw a clip, which is circulating all over, where she said that if it was a Senator or an elected leader who was swept away, the whole country would have been mobilized to do something. As leaders, we must be compassionate enough, like it was shown by Sen. Haji and his team, so as to address this issue which includes going to the bottom of this issue. It is very sad that when such incidents occur, we suddenly get to know that there is an institution called Water Resource Management Authority (WARMA). We get to suddenly know that there is an institution that is supposed to inspect and give licenses to people who own dams. We are giving these institutions resources and that was their work but why is it that they are suddenly saying that they will inspect dams in this 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, the Senate Majority Leader. I had given you additional few minutes, but you did not use them as one would have expected. You should have told the country what Rylands v Fletcher is; in the terms that everyone in this country can understand. If you keep a dangerous thing in your compound, whatever it may be and it escapes and injuries a third party, there are no two ways about it. You have to compensate and pay for that injury. I think that would have been a better explanation.

There is nothing that can be out of order from this side. There can also be no point of information towards this side. Order, the Senate Majority Leader! Nevertheless, well spoken.

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Mr. Deputy Speaker, Sir, I take this opportunity to send my condolences to the people of Nakuru County. I also congratulate the Senator for Nakuru County, Sen. Kihika, for the work that she has been doing. God bless her. I have seen the former Member of Parliament for Subukia, hon. Koigi wa Wamwere say that he has given a lot of warnings about similar dams which are about to burst. I hope that the relevant bodies will take that seriously. Disasters of this magnitude in law are not different. I saw the owner of the dam say that it was an act of God. However, we are saying here that this is not an act of God because God did not build the dam. Disasters of this magnitude vary. For example, we had the Chernobyl disaster and the nuclear explosion in Japan which caused a lot of deaths. Now that Kenya is also embracing nuclear technology, this House must be careful to ensure that proper measures are put in place as we embrace technology. I beg to support.

Mr. Deputy Speaker, Sir, from the outset, I join the rest of my colleagues and the country at large to pass our deepest condolences, on behalf of the great people of Nandi County and my own accord, to the victims of the tragic Solai Dam that happened a few days ago. I thank the Senator for Nakuru County, Sen. Kihika, for standing with her people. I also thank the Committee on National Security, Defence and Foreign Relations led by the Chairman, Sen. Haji, for the intervention as well as many other agencies. I would also like to pass our deepest condolences to the families that were affected by floods across the country. There are many issues that are happening because of the vagaries of weather. The rains should be a blessing. As a farmer from an area where rain is celebrated, it should come with blessings and not the kind of disasters that we have witnessed. I hope the agencies that have been mentioned such as the Water Resources Management Authority (WARMA), must take responsibility. If there was any element of negligence in any form, they must be held accountable, so that in future we do not have to pay the high price of losing lives. Mr. Deputy Speaker, Sir, I urge the Senator for Nakuru County and all of us to continue condemning such dams. I know that the person who owns the killer dam is a man of means and has influence, but we should stand up so that the poor Wanjiku does not suffer at the hands of others. Moving forward, I believe that it is not sufficient that the people---

Sen. (Prof.) Kindiki): Thank you, Sen. Cherargei. Please, proceed, 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 sana Bw. Naibu Spika kwa kunipa fursa hii kujiunga na Seneta wa Kaunti ya Nakuru, Sen. Kihika, na Maseneta wote kuomboleza vifo vya watu takribani 50 kutokana na mkasa wa kupasuka kwa bwawa la Solai. Jambo la kusikitisha ni kwamba mkasa kama huu umetokea wakati huu ambao nchi yetu inajivunia kupiga hatua kimaendeleo ya kila aina. Ni wazi kwamba mikasa kama hii itaendela kutokea kutokana na utepetevu ambao unafanyika kati ya wafanyikazi wa Serikali na mashirika yasiyokuwa ya serikali. Nachukua pia fursa hii kuwatia moyo watu wa Kaunti ya Nakuru na hususan Sen. Kihika kwamba haya mambo asiyaachie hapo. Tuliona kwamba mwaka wa 1993 kule Mombasa wakati Ferry ya Mtongwe ilipozama, watu 250 walipoteza maisha yao. Jambo la kusikitisha ni kwamba hadi wa leo wale wahanga wa mkasa huo hawajalipwa. Serikali imeweka ahadi mara kwa mara kwamba watalipwa lakini bado haijatimiza. Mikasa kama hii itaendelea kutokea hadi wakati tutakaa chini kama wananchi wa Kenya na kusema kwamba yametosha na wale wanaosababisha mikasa kama hii lazima wafungwe ili kuhakikisha jambo kama hili halitokei tena. Bw. Naibu Spika, miaka miwili iliyopita, wakati ferry ilizama nchini Korea Kusini Waziri Mkuu alijiuzulu.

Sen. (Prof.) Kindiki): Hata wewe utajiuzulu.

Sen. (Prof.) Kamar.

Mr. Deputy Speaker, Sir, thank you for giving me this opportunity. I would like to join my colleagues in passing my sincere condolences to the people of Nakuru County and to our sister, Sen. Kihika. All of us were horrified by what happened in Nakuru. I happen to be a soil and water conservationist. When we are dealing with water conservation through dam construction, it is very clear that dam construction is a technical area in itself. It is not about creating a storage place for water. It is about measuring to know what would happen or the worst incident that can happen over time. There are rainfall occurrences that you can only see once in your lifetime, because they occur every 100 years. We normally say that when you are doing dam construction, you must construct them with stones that peak only once in 100 years. It looks like this was not done for this dam. My question is focused on who constructed this dam; was it the farmer who did the construction? Did he hire a technical team and, if he did, who were the scientists or engineers who did the construction? This is because it starts from the collection of the water to the embankment that you are building so that it is not destroyed. We do know that, overtime, anything wears out and gets old. However, we are aware that for that to happen, we should not---

(Sen. (Prof.) Kindiki): Your time is up, Sen. (Prof.) Kamar. Please, organize your thoughts, be brief, offer your condolences and maybe one or two points.

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They have left.

(Sen. (Prof.) Kindiki): Nevertheless, we should acknowledge that they visited the Senate today. They are welcome in the Senate. In our usual tradition, on behalf of the Senate, we wish them a fruitful visit, if they are still within the premises of parliament. Thank you. Very well, proceed, Sen. Wetangula.

Thank you, Mr. Deputy Speaker, Sir. I join the House in condoling the people of Nakuru, their Senator, their county government and all the people of Kenya who have lost their loved ones. This tragedy is of a very huge proportion because lives have been lost. I urge those who are involved in search, rescue and recovery operations not to close the door yet, because chances are that there could be children who could have been swept much further than the areas that they are concentrating on. Secondly, Mr. Deputy Speaker, Sir, rudimentary science and engineering will tell you that when you construct a dam, there must be a spillway so that when the dam is full, there is a valve through which extra water can flow downstream. Did this dam have a spillway? If it did not have one, then it probably was not constructed in a proper manner. When the Water Bill came here, I cautioned that we are creating too many institutions within this field of water which will keep on piling on each other and not doing the right things. I am sure that if there were periodic inspections of these dams, this disaster would probably have been averted. Thirdly, Mr. Deputy Speaker, Sir, people do not just wake up and construct dams, even if it is in your private property because you must seek approval and technical supervision. Was this done in relation to this dam? Fourthly, Mr. Deputy Speaker, Sir, as a professor of law you know that the culpability of this disaster should not be limited to that Mr. Patel. Even the national Government is vicariously liable for not doing its supervisory role properly and letting people own dams that are unsafe. Therefore, the compensation for the victims must go beyond the Patel we are talking about. The national Government must also move in and support the compensation process because where there is a constructive relationship of agency and principle, the culpability of the principle and the agent is equal. 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): Very well; that is another angle of vicarious liability. Proceed, Sen. Fatuma Dullo. Se

Thank you, Mr. Deputy Speaker, Sir. I wish to confirm to the House that I am one of the Members of the Committee who was on the ground. We were informed by the Water Resource Management Authority (WARMA) when they were on ground that once they issued the license, there are no mechanisms in place to follow up and make sure that those dams are safe. It is time that we come up with regulations and legislation to allow WARMA to supervise the licenses they have issued to various private dams. Secondly, Mr. Deputy Speaker, Sir, this will actually inform this country of the private and big farmers who are obstructing water from the poor wananchi downstream . We have a similar situation in Isiolo County where the rich farmers from Mt. Kenya are blocking water from coming to Isiolo County downstream. The Ministry of Water should investigate all the big farms that are doing that. Thirdly, Mr. Deputy Speaker, Sir, is the issue of insurance. I am sure that Mr. Patel has not insured his workers. In the absence of that, he should be held liable. I am actually appealing, if there is a mechanism, because he has 3,000 acres. Why can he not be forced to donate 300 acres to settle those farmers, because 300 acres is nothing? Finally, Mr. Deputy Speaker, Sir, the situation is a bit better than the previous disasters we have had. Kenyans really love each other because there was a lot of food coming---

(Sen.(Prof.) Kindiki): That is what you should have started with.

I will give you 30 seconds to finalise that thought.

Thank you, Mr. Deputy Speaker, Sir, for the few seconds that you have given me. As I was saying, Kenyans really love each other and we should not take that for granted. Can we, as Kenyans, enforce the legislation that we have so that we can hold individuals responsible in this country? For example, Mr. Patel is at large. We have set precedence in this country where the first thing we announce is, arrest the person responsible for that disaster. For sure, Mr. Patel has pocketed everybody in Nakuru County. Sen. Kihika, you should not relent on your efforts. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Sen. Rose Nyamunga, you are next and you have two minutes.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. First of all, I offer my condolences to the people of Nakuru County and to Sen. Kihika. I know that this is the second time you are being hit with a tragedy and we are with you in this. 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): Let us have Sen. (Eng.) Mahamud.

Thank you, Mr. Deputy Speaker, Sir. I also join the other Members in condoling with the people of Nakuru County for the disaster that befell them. The tragedy that has occurred there is a first of its type in terms of dam failure in this country. I know that because I worked in the water sector for 20 years as a water engineer. I know how the Ministry of Water, Environment and Natural Resources is structured. First of all, Kenya Water Resources Management Authority (WARMA) has no capacity to design and check dams. Its purpose is to allocate water resources in terms of the amounts of water that it allows an individual to take from rivers and streams. In fact, in terms of design, I think there is a big lacuna because all these activities are happening; where everybody is making his own dam. It is like the way we are building houses in Kenya with no control. People are engaged in various activities without regard to the danger they are posing to Kenyans. Mr. Deputy Speaker, Sir, in designing dams, there is dam break analysis. If you design a dam, you must clearly state what will happen if it breaks. I took part in the design of Ndakaini Dam. If it breaks today, Thika Town and all the towns before it would be under water and washed away. It is that serious. That is why when designing a dam, one must be able to make sure that the design is proper and forestalls all the danger. We also need to do proper inspection. This is a wake-up call. Whereas the people of Nakuru must be compensated, we as a country must now come up with a proper framework to see that our dams, even the existing ones, are safe. 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): Very well. Let us have Sen. Pareno.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to condole with Sen. Kihika and the families that have been affected in Nakuru County. I take this opportunity to also thank the Government for moving very first to give a fund. As a Committee, we were already told that the fund for settling these people is there. However, as a Committee we had requested that we continue with the search. By the time the Committee was visiting, they were told that the search had slowed down, yet we still had people who were missing and suffering families. We have appealed that the search continues so that we can get those that are missing. Interestingly, the Committee was told that - and the WARMA people on the ground had confirmed - that they had been denied access for inspection. We were asking who it was that is above the law. A person who denies access for inspection and had blocked two rivers? We were told that the Mr. Patel blocked two rivers, such that even villagers do not have access to them. Who is this Patel who cannot be arrested after a crime has been committed, blocks rivers, denies villagers access to rivers and denies inspection by WARMA? I think somebody is going to be held accountable. Why did WARMA keep quiet when somebody refused access for inspection. Why did you not tell people to take action against someone who stopped you from your work? We will have a lot of homework between both WARMA and Mr. Patel. People should be brought to account. Thank you.

(Sen. (Prof.) Kindiki): Thank you, Senator. Let us have Sen. Mwaura.

Asante sana Mhe. Naibu Spika kwa kunipa fursa hii. Nampongeza Sen. Kihika kwa sababu ya kuleta Hoja hii Bungeni, hususan kwa sababu yeye pia juzi, alikuwa na mkasa wa wale vijana ambao walipoteza maisha yao wakiwa katika shughuli zao za kampeni. Pia, ni mama mwenye nguvu kwa sababu kama Seneta wa Kaunti hiyo, basi ni wajibu wake kutetea watu wake. Mhe. Naibu Spika, jambo la kushangaza ni kwamba unaposikiza vile ambavyo watu wanasema kuhusu hayo mabwawa ya Bw. Patel, ni kana kwamba, hakukuwa na ubaya wowote uliotendeka, ilhali tuna ona kwamba kumekuwa na uharibifu wa mali kwa hali ya juu.Watu pia, wamepoteza maisha yao. Swala kubwa ambalo lina jitokeza ni kwamba, katika nchi hii, kuna sheria za mabwanyenye na za makabwela. Maisha ya watu duni hayashughulikiwi kwa sababu wao wanakufa kiholela holela. Kulingana na kanuni za kutengeneza mabwawa ya maji, ni kwamba lazima bwawa likae kwa miaka zaidi ya 50 ama100. Hata hivyo, ni lazima ujenzi wake uwe unaweza kustahimili miaka 1,000. Hilo hatujaona likitendeka. Tunasikia wakisema kwamba ni kwa sababu ya mvua, ilhali mvua ilitarajiwa. 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 sana. Let us have Sen. Shiyonga.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance to join my colleague Senators in condoling with the people of Nakuru for the disaster that befell them. I congratulate the able Sen. Kihika for standing with her people during the tragedy. Our communities need to be sensitized when tragedies await them. They should not keep quiet especially when they see that there is a disaster that is about to happen in their community. It is important for us to prevent and not to wait for the healing processes that are taking place in Nakuru right now. Mr. Deputy Speaker, Sir, we need not ask why the disaster is to be prevented. It is an obvious reason that we need to prevent these disasters especially when it comes to fire and the rain havoc that is befalling our nation right now. I beg to support this Statement that has been brought by our able Senator. Something needs to be done for the people of Nakuru and others who have been in similar situations, such as those of the Nairobi, Mukuru Sinai slum fire disaster in this country.

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

Thank you, Mr. Deputy Speaker, Sir. You can see that my sound system is not working. I have reported quite a few times. I hope now it will. I take this opportunity to condole with the very able Sen. Kihika and the people of Solai in Nakuru County, for this terrible tragedy. We commend you. You are truly a leader. It is horrifying to watch such a thing happening. We know that tragedies can happen. However, sometimes when they are aided by people, then they are not “Acts of God”. That is why we are asking that this Mr. Patel and anybody else who is related to this tragedy be arrested immediately, tried and justice meted on them. We do not want the situation as it happens in Kenya, where people go to court and then go scot free. We want to see real action. We commend the County Police Boss because he also got there. However, let it not be covered anymore the way we are used to seeing, where a light is lit and then goes out without action. We want to see action this time. We commend the Government for saying that people will be compensated. We know there is no way one can be compensated for life. However, we want to see the survivors compensated. These children, especially those whose parents died need to be cared for. Since they have no parents, we should now care for their education and other needs. I thank you.

Mr. Deputy Speaker, Sir, first, I pass my condolences to the people of Solai and Nakuru for the grave tragedy that befell them. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, I also join my colleagues, on behalf of the people of Kericho County, to condole with our neighbours, the good people of Nakuru, following this very unfortunate incident. I have two quick points. First, is to Sen. Susan Kihika, Senator for Nakuru County. I urge you on as you pursue justice for the victims of this heinous act. I call it “heinous” because negligence has led to many people losing property and more importantly, lives. As we pursue their compensation, we note that life is priceless and there is absolutely nothing that we can do, but at least for the remaining members of the family, let them be paid something quite decent enough to ease off the pain. Mr. Patel is an entrepreneur who has enjoyed the fruits of Kenyans. We all enjoy his signature salt, Kensalt in our homes. Therefore, he is not poor. He is able to compensate these people properly. Secondly, lives would have been lost in vain if we do not come up with far- reaching regulations to manage all our dam waters across the country. There are many dams that are being built now and those that are already in existence may continue to be a problem if the report that will come from the task force that has been formed to look into this incident is not properly considered. I hope this will be done unlike in other incidents in the past.

Mr. Deputy Speaker, Sir, I will be brief. I will stick to conveying my condolences to the families of the Solai victims. I congratulate Sen. Kihika for her steadfast support of the victims, first and foremost and for ensuring that she speaks up for them with regards to the people that are culpable and compensation that they need to be given. We stand with the families and mourn with them. More importantly, as a House, I am happy that each and every person has given their support and commitment to support disaster management in this country. I appeal to the sponsors of the Disaster Management Bill to make sure that we are strengthening our institutions as opposed to perhaps making another layer as I said before. I also laud the initiator of the Bill that will come at a time when we need to consolidate all the different fragmented disaster organisations and systems that are in our 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.

Mr. Deputy Speaker, Sir, I join the people of Nakuru County on this rather sad episode of losing lives because of man-made disasters. Two million cubic metres of water is enough storm to clear even the mountain when it comes from a given height. The level of culpability is clear: The owner of the dam, WARMA and the national Government in failure to monitor and supervise the building of dams. It is time for this Senate to put a legislative mechanism in place to handle such disasters with great finesse. If we do so, we would have succeeded in the effort of ensuring that every Kenyan goes to sleep not feeling threatened in one way or the other either through a dream or any other imaginary level that there would be a disaster occurring to him or her during their sleep. We need to give comfort to our Kenyans, given the level of disaster. This is a manageable situation. It is a man-made situation. It can be controlled. My condolences go to every family affected by that disaster. Sen. Susan, you have done a great job. Do not relent in your efforts to fight corruption because corruption will fight back.

Mr. Deputy Speaker, Sir, I thank you for giving me the chance to condole the people of Solai, Nakuru for this terrible disaster. I would like to repeat what my honorable colleagues have already said. We need to learn a lesson from this terrible disaster so that in future, something like this does not happen again. It is sad that we normally react to things when they happen but we do not take the measures to be sure that such a disaster does not occur again. Hon. Kihika, I support your move. I insist that Mr. Patel be arrested because he is responsible for what has happened. Also, some kind of support should be given to the families of the deceased because many parents lost their lives and children are left without anyone to take care of them. So, they need to be held responsible so that others that may be tempted to do things carelessly may be careful in future.

Mr. Deputy Speaker, Sir, I also join my colleagues in sending my condolences to the affected families in Nakuru County. Secondly, I congratulate Sen. Kihika for bringing up this issue. I am also a resident of Nakuru County. I assure her that I will join hands with her in ensuring that justice prevails. The institutions and people who are responsible in the said accident in Nakuru should be held responsible.

(Sen. (Prof.) Kindiki): Very well. That brings us to the end of a statement on an unfortunate event.

(Sen. (Prof.) Kindiki): Order Sen. Mutula Kilonzo Jnr.! 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. Pursuant to Standing Order No.46(2)(b), I rise to seek a statement from the Chairperson of the Committee on Roads and Transportation regarding Kainuk-Nadapal, Lodwar-Lokitang and Lodwar- Lokiriama roads in Turkana County. In the statement, the Chairperson should explain the following:- (a) why the Kainuk-Nadapal Road, which is the main highway connecting Kenya and South Sudan is dilapidated; (b) why the bridge at Kainuk which was washed away by the rains has not been permanently fixed and when it will be repaired; (c) why the road from Lodwar-Lokitang has not been tarmacked despite the Government promise that it will be tarmacked; (d) why Lodwar-Lokiriama Road construction has stagnated and clarify whether or not---

(Sen. (Prof.) Kindiki): Order Senator! Sen. Ekal, you are not seeking for a statement but making a statement. I have made it very clear that you are making a statement under Standing Order No.46(2)(a). You have been seeking a statement under Standing Order No.46(2)(b) and I think we had a discussion on this matter. So, you are out of order.

Mr. Deputy Speaker, Sir, I will go on to---

(Sen. (Prof.) Kindiki): Thank you, but you are out of order. You should apologise to the House and proceed in the proper manner.

I apologise to the House. The mistake was made from where this statement was made.

(Sen. (Prof.) Kindiki): Order Senator! It is your statement!

I will start from the beginning. Pursuant to Standing Order No.46(2)(a), I rise to seek a statement---

(Sen. (Prof.) Kindiki): Order Senator! The Clerk’s Table will be of help to you. Approach it quietly and resume your seat after that. After that, the Chair will give further directions at an appropriate point and that will not be quietly. Hon. Senators, subject to further directions by the Chair, we shall proceed with the Order Paper because this House waits for no man or woman. For that reason, you can see on the Order Paper that we are supposed to go to Order No.8. In exercise 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.

On a point of order, Mr. Deputy Speaker, Sir. Allow me to revisit your order, with your permission. Regarding Order No.8, we had agreed that since the committee chaired by Sen. (Eng.) Mahamud will issue a report, that this matter awaits the report so that the direction is clear that it has not been done away with completely.

(Sen. (Prof.) Kindiki): Is that a further order? Sen. Mutula Kilonzo Jnr., I said the Order is stood down. Standing it down is not deferring. That means it can be reinstated at any point, including today.

You have clarified. Thank you.

(Sen. (Prof.) Kindiki): Next Order! Sorry, Clerk, you need to read Order No.8, so that we do what I have directed.

(Sen. (Prof.) Kindiki): I direct that it be stood down.

Next Order!

Mr. Deputy Speaker, Sir, I do not want to put words in your mouth again. I thought you will call upon the Mover to reply.

(Sen. (Prof.) Kindiki): You can do so at your own peril.

I call upon the Mover to reply. 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 all, I would like to thank Senators who contributed to this Bill. There was an innocuous amendment by county governments to ensure that there is a report to dissolve a county and I hope this does not happen in this Senate. Various matters that were debated came to the Floor for discussions. While we were at it, since the directions that were issued by the former Speaker, Hon. Ethuro were not overturned and are still there, maybe a report from Makueni ought to come to the Senate for discussion in the spirit of this Bill and in the spirit of the “handshake”, so that those recommendations can still find footing for purposes of helping the county. I hope that these amendments will be fast-trucked because there are no further amendments. I hope the secretariat will bring this Bill for Third Reading so that it proceeds to the National Assembly for enactment since there are no contentious issues. Mr. Deputy Speaker, Sir, I beg to reply. I thank you.

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr. is there any further request?

Mr. Deputy Speaker, Sir, there is a Senator who has just distracted me by bowing here and walking to the other side.

(Sen. (Prof.) Kindiki): That has not been brought to the attention of the Chair.

Mr. Deputy Speaker, Sir, under Standing Order No.55)(3), I beg that you defer the putting of the question to another date.

(Sen. (Prof.) Kindiki): I direct that the putting of the question be deferred to next week on Tuesday.

Next Order!

(Sen. (Prof.) Kindiki): As I had directed earlier, order No. 10 is stood down.

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

(Sen. (Prof.) Kindiki): Could we hear from the Chairperson of the Committee on Labour and Social Welfare or the Vice Chairperson? That is a Committee Bill. The Chairperson and the Vice Chairperson are not here. Is there any Member with information regarding the fate of that Bill?

Mr. Deputy Speaker, Sir, I believe that we were out for the Report on the public hearing on that Bill. I do not know if the report was ready because I know that the Chairman was waiting for the report to be prepared before moving it for Second Reading. With your indulgence, you can allow that this be done tomorrow or the day after tomorrow.

(Sen. (Prof.) Kindiki): In future, the Chairpersons of Committees and the Committees in general should liaise with the Clerk’s office to ensure that when you have an item in the Order Paper, it is transacted or otherwise communicated to the Chair ahead of time. Otherwise, we are just crowding our Order Paper with business and we are not here to play a game of chance.

Next Order. THE PUBLIC PARTICIPATION BILL (SENATE BILLS NO.4 OF 2018)

(Sen. (Prof.) Kindiki): I cannot see Sen. Wako. My direction in the previous item still applies. Going forward, the House will be very harsh on sponsors of Bills and Motions who just decide to walk away and keep us here reading their businesses without any communication.

Next Order.

(Sen. (Prof.) Kindiki): Motion of the Report of the Senate Delegation to the Women Political Leaders Annual Global Summit. Sen. (Dr.) Milgo is also not here. This is extremely disappointing.

Next Order. NOTING OF REPORTS OF THE 47TH AND 48TH SESSIONS OF THE ACP-EU JOINT PARLIAMENTARY ASSEMBLY

(Sen. (Prof.) Kindiki): Sen. (Prof.) Kamar, give the Reports of the African, Caribbean and Pacific (ACP) Parliamentary Assembly and the Inter- Sessional meeting and the 34th Session of the African, Caribbean and Pacific – European Union (ACP-EU) Joint Parliamentary Assembly.

Thank you, Mr. Deputy Speaker, Sir. I beg to move the following Motion:- THAT, this House notes the Reports of the 47th and 48th Sessions of the African, Caribbean and Pacific (ACP) Parliamentary Assembly and the Inter-Sessional meeting and the 34th Session of the African, Caribbean and Pacific – European Union (ACP-EU) Joint Parliamentary Assembly held in Brussels from9thto 12thOctober, 2017 and Haiti on 13th and 20th December, 2017, respectively, laid on the Table of the House on Wednesday, 28th February, 2018. I am happy to present these two Reports before the House. The 47th Session of the ACP Parliamentary Assembly took place as mentioned on October, 2017 and the Assembly was preceded by the committee meetings of the ACP Group, which are the African, Caribbean and Pacific group of parliamentarians and was followed by the Inter- Sessional Committee meetings of the ACP-EU Joint Assembly. The delegation of this meeting as you are aware is led by the National Assembly and the 47th one was led by hon. Ruth Mwaniki, I was the Senate representative. In the delegation, we had hon. Lilian Gogo, who is Member of Parliament (MP) for Rangwe. We had three clerks in the delegation; Mr. Samuel Njoroge, Mr. Amos Kiangwe and Ms. Getrude Chebet. The Kenyan Ambassador to the Kingdom of Belgium and the Grand Duchy of Luxembourg and Mission to the European Union, His Excellency Amb. Johnson Weru and Ms. Dorothy Nthiwa from the Kenyan Embassy in Brussels, were on hand to provide technical support to the delegation. The 47th Plenary Session considered and debated issues affecting the member states and the committees agreed on topics for discussion and expert review. They also exchanged views on selected topics and urgent topics for resolution in the presence of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senator. It is to second.

Mr. Deputy Speaker, Sir, I request Sen. Poghisio, who was previously a Member of the delegation to second. 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 beg to second the report. This is a comprehensive report of the activities of the African Caribbean and Pacific-European Union (ACP-EU) Joint Parliamentary Assembly. In the 9th Parliament, I represented our Parliament as a delegate to the ACP-EU with the late hon. J.J Kamotho. I remember going through the same issues that are going on up to today, mostly on Economic Partnership Agreements (EPAs) and also on the European Development Fund (EDF). It is important for the House to be briefed on these activities since Europe is one of our big markets. The EU which is in partnership with the ACP group bring together a possibility of enriching our cultures, economic exchanges and understanding of the political situations in these two regions of the world. The ACP makes a country understand that it is a big country even when it is small. The fact that we are 45 million strong population-wise, we are on the same platform and taken equally with a country which has a population of about 10,000 people. The small countries of the Pacific, like Micronesia and Vanuatu, have small populations and economies but argue the same way as strong economies. We ask that we share these experiences. I commend our delegations that have gone there for fighting so hard for Kenya by negotiating through the EPAs. We have a strong economy because we are able to do business with Europe. The Kenya horticultural products are of high quality. Every time you attend these meetings you hear about how we must improve the quality of our markets and products. It helps us to compete in terms of quality. I commend this delegation for this report. I urge Members to read the report to understand what EPAs are and the fact that we are on the 11th EDF. We can take advantage of that Fund to get our development financed and so on. When we were there, we were still struggling with the Cotonou Agreements. Now we are dealing with Post-Cotonou agreements, which is good because we are now broken into smaller groups that we can engage as Africa and ACP. I second this report and urge Members to read it, get briefed and understand what happens trade-wise and in political and social committees in the ACP-EU Joint Assembly. Mr. Deputy Speaker, Sir, with those few remarks, I second.

Thank you, Mr. Deputy Speaker, Sir. I stand to support the noting of this Report and thank the delegation. This was a comprehensive delegation that went out, not only as participants, but also to find out what we would reap from this whole process. They looked at some of the issues that were key for Kenya and articulated them. Consequently, they have brought them to the Floor of the House for debate, noting and to help us improve. It is from such reports that we can also improve our inputs in the various Committees that we serve.

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.

There seems to be no further interest or comments. I now call upon the mover to reply.

Madam Temporary Speaker, in replying, I thank the Members who have spoken. The functioning of our committees is commendable. They are vibrant. We sit in all of them although there is a rotational position that you must sit in one committee. In this particular Session like the Session of the 10th Parliament where I used to lead the delegation, we started when we were in a political situation that needed clarification. Madam Temporary Speaker, you may remember that when we were in Brussels, we discussed the situation in Kenya. At that time, the Supreme Court had just said that we go for repeat elections. Everybody was nervous. We told them not to be nervous because we came through in 2007. We came back. It was nice to report in Haiti that all was well in Kenya. We had repeated elections and all went well. So, we look forward to the next session when we can inform them that we have gone beyond that. We have had handshakes and that all is well in this country. It makes me feel proud to represent the country in this kind of delegations, where when you are discussing the country’s situation, you can positively predict that Kenyans will turn around. These fora give us opportunities to portray the image of our country positively and make other states, especially the European Union, understand the workings of our nation. Madam Temporary Speaker, with those remarks, I commend the report to Members. I urge them to look at the details and use them for opportunity. 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 executed report. I will now put the question.

Next order.

Madam Temporary Speaker, I rise to move the Motion on the Establishment of the Office of the Commission of Administrative Justice, otherwise known as the ombudsman at the county level. The Commission on Administrative Justice as prescribed by Article 59(4) of the Constitution and the Commission on Administrative Justice Act, No.23 of 2011, is mandated to check maladministration on the part of public officers and to deal with instances ---

Order, Senator. May I bring to your attention the fact that you should read the terms of the Motion. Please proceed and move the Motion.

Madam Temporary Speaker, thank you for the advice. I beg to move the following Motion: THAT WHEREAS Article 59 of the Constitution establishes the Kenya National Human Rights and Equality Commission to among other functions investigate complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct; AND WHEREAS Parliament enacted the Commission on Administrative Justice Act (No.23 of 2011) to restructure the Kenya National Human Rights and Equality Commission and to establish the Commission on Administrative Justice pursuant to Article 59(4) of the Constitution to provide for the membership, powers and functions of the Commission on Administrative Justice and for connected purposes; AWARE that the function of the Commission on Administrative Justice among others is to investigate any conduct in state affairs, or any act or omission in public administration by any State organ, State or public officer in National and County Governments that is alleged or suspected to be prejudicial or improper or is likely to result in any impropriety or prejudice; including investigating complaints of abuse of power, unfair treatment, manifest injustice or unlawful, oppressive, unfair or unresponsive official conduct within the public sector; 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 thank the Mover for coming up with this very important Motion on devolution of the Office of the Ombudsman. I rise to support this Motion because two years ago I was once assisted by the Office of the Ombudsman. As a lawyer, I would have quickly rushed to any court of law when I felt that I was unfairly treated by the administration. It was a case where I was unfairly treated by the Rural Electrification Authority (REA). I weighed the options that I had. I had the option of going to court or going to the Ombudsman. The issue about rural electrification was not only for me but for the entire village. Almost 40 homes have benefited after the Ombudsman assisted me. When we advised the villagers that we should go to the Office of the Ombudsman instead of going to court, they were asking me what that office is all about and they did not know who the Ombudsman is. In fact, he needs to demystify some of the services for people to feel them right at the grassroots level. 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 now call upon the Senators who want to make their contributions to this Motion. I will give the first opportunity to Sen. Kalonzo Mutula Jnr.

Madam Temporary Speaker, it is Sen. Mutula Kilonzo Jnr.

Yes, Sen. Mutula Kilonzo Jnr., Senator for Makueni County.

Thank you, Madam Temporary Speaker. I might be mistaken. I rise to support the Motion by Sen. Were. This is one of those very timely issues that we have not tackled. I must confess that it is only that we do not follow up the things that we do, as a Senate. I had the privilege in the last term to travel to the Republic of Germany to a state called Kemnitz. It is one of those states that were attacked during the World War and it was completely obliterated. During our visit, we managed to meet the Ombudsman in Kemnitiz. That office is where public service is checked. This gentleman is like a judge, police officer, prison officer and he is feared and revered. Public officers shake in their boots at the thought that they can be reported to the Ombudsman. That is how powerful this office is. These are the ideals on principles of public service that are rarely enforced in Article 232 of the Constitution, which we rarely speak about. The Committee of Justice, Legal Affairs and Human Rights did a Bill on Principles of Public Values under Article 232 in the last Senate. It was the only Bill under the Fair Administrative Act that was not amended by the National Assembly. It says that you recognize public officers who do a good job and punish those who do not work or violate their offices. Currently, they are rarely recognized. With the advent of devolution and the creation of governments, both the national and county, we have cases where people, even ward administrators, harass Kenyans. Chiefs and sub chiefs are taking peoples’ wives and stealing public property by becoming administrators of an estate and dividing property amongst families. I have many cases of this nature. Who is supposed to check these people? It is the Ombudsman to tell them that they have no mandate to determine an estate of a late person. He or she is to tell them that they have no mandate to determine that this is the wife or not the wife of the deceased. He is to also tell them that they have no mandate to call meetings at night or determine marriage disputes. In a case that I know, one chief ended up marrying the person who went to him to solve a dispute. This is how serious this matter is. 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.

Sorry Senator. What is your point of order Senator for Laikipia?

Madam Temporary Speaker, I want to understand for I am a bit confused. How can a wife be stolen?

Madam Temporary Speaker, I was explaining that under The Fair Administrative Act and Access to Information Act, the Kenyan public is entitled to access to information on anything within the public view or any entity. Under The Fair Administrative Act, when you request for that information, it is supposed to be given to you, but the question is: Who checks in the county if one gets the information that they have requested for from the Government functionaries? Nobody does that. I would support this with all my heart for when the Government issued an order for children to be registered and have birth certificates, the chiefs were requested to issue orders or letters and some chiefs were asking for Kshs500 or even Kshs1,000. This is because there is a practice that our mothers do not get notification of birth when they get children outside the system that is at home. This is what is called impunity. Our Identification Cards (IDs) are given to us for free. Why do we charge mothers of this country for birth certificates? I am still waiting for the logic. I have not heard the logic behind acquiring birth certificates upon a charge and yet when you are 18 years old, you are not charged for your ID. Who are you charging? Are you charging the children of this country for birth certificates? Who is supposed to complain? You are punishing the minor and not the mother for this is a charge to the child. The office of the Ombudsman is one of those methods that will help us ensure that we have some element of oversight. We, as Senators, can do oversight. I have a sub-chief who is licensing one bar and denying the other and a chief who is also running a bar competing with four others. I would like to tell Sen. Were, that if there is something that we should support, this is it. The checking of public servants should be at all levels. This should also be an opportunity for the public to report. There is a chief in Nakuru who is on Twitter. When something is missing in Nakuru, he tweets about it. Whenever a child goes missing, he also tweets about it. I have a girl who was going to Siakago when the schools opened and she is now in Line Saba in Kibera and we cannot find her. However, if we had a chief like the one in Nakuru, he would have reported through Twitter that there is a girl who did not go to school in Siakago and she is with some old man in Line Saba or Silanga in Kibera. Madam Temporary Speaker, the Ombudsman should not be an office for purposes of only reporting bad things. It should be for people who have done well. The people who The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I stand to support this Motion right from the outset and congratulate Sen. Were. She should expeditiously give the right amendments to this. As a Motion, it is a tester and from what we have heard, this is one of the services that really needs to be devolved to the counties. When you go to Itsimba Village, where I come from, and mention the Ombudsman Office, they will first of all ask you what the Ombudsman is and what he or she does. I am sure that will also happen in Turkana and deep in Kericho as well. Listening to Sen. Mutula Kilonzo Jnr. making his contribution, it occurs to me that the Ombudsman comes very close to the village elder of high repute. We know how society has disintegrated now. We are getting less of that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise to support this Motion by Sen. Petronila Were for having clearly drawn the inspiration from Article 10 on the national values and principles of governance, Article 47 on the Fair Administrative Act and Article 232 on Values and Principles of Public Service. It is quite clear for every one of us that what happens at the county level leaves a lot to be desired. As already alluded to, the social media has taken over the driver’s seat of what is happening. Some of the information being peddled in social media may be either true or false. Therefore, an individual is totally left in a state of flux because they do not know what is happening. When we devolve these services, it is perfectly within the mandate of devolution. According to Article 174 of our Constitution, the values and objects of devolution as captured in (a) to (i) are quite clear to us. This is one service that must be devolved so that services can reach the people. I am also informed and aware that the things that are going on at the county level are very repugnant. There is an entrenchment of ethnicity, clanism and malpractices which are not conducive to good governance in accordance with Chapter 10 of our Constitution. Therefore, we need to curb all these elements for us to continue to access The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator. You will be given ten minutes to speak when debate on this Motion resumes. Sen. Faki will be given priority to contribute when the debate resumes.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until tomorrow, Wednesday, 16th 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.