(Sen. (Prof.) Kindiki): Hon. Senators, find your way to the seats.

Order, Sen. Lelegwe, the indulgence does not include the liberty to greet Senators. It is to proceed and get seated.

(Sen. (Prof.) Kindiki): Hon. Senators, I have a communication to make regarding a message of condolence from the President and the Secretary General of the Inter-Parliamentary Union (IPU) to Kenya following the Solai Dam tragedy. We recall that on Wednesday, 9th May, 2018, the country woke up to a very sad day following the Solai Dam tragedy which had occurred the previous night. We were all shocked and very saddened to hear about the deaths of a number of Kenyans as a result of the tragedy. We also recall that the number of the dead was later reported to be in excess of 40 plus people. A lot of property belonging to the residents of Solai was also destroyed in the tragedy. Yesterday, Sen. Susan Kihika, the Senator for Nakuru County issued a comprehensive statement on this matter following which hon. Senators gave their own comments. I will therefore, not belabour to go back to what has already been canvassed in this Chamber at length. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Hon. Senators, I have the following Communication to make regarding the forthcoming Third Annual Legislative Summit, scheduled to take place from 20th to 25th May, 2018. The Legislative Summit is a forum that presents a unique platform for positive engagement between the Senate, county assemblies and other intergovernmental 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 Senators, there are two Papers to be laid. REPORT ON COUNTY ALLOCATION OF REVENUE BILL, 2018 AND COUNTY GOVERNMENTS BUDGET CEILINGS ON RECURRENT EXPENDITURE FOR FY 2018/2019

Mr. Deputy Speaker, Sir, I beg to lay on the Table of the Senate the Report of the Standing Committee on Finance and Budget on the County Allocation of Revenue Bill, 2018 and the County Governments Budget Ceilings on Recurrent Expenditures for FY 2018/2019.

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 lay the following Paper on the Table of the Senate today, Wednesday, 16th May, 2018:- Half Year Report of the Controller of Budget on County Government Budget Implementation for FY 2017/2018.

(Sen. (Prof.) Kindiki): Next.

(Sen. (Prof.) Kindiki): Hon. Senators, we have two Notices of Motions.

Order Senator! You do not just walk to where you want to go and say what you want to but you should wait until you are called. NOTING OF THE REPORT OF THE IPU HEARINGS AT THE UNITED NATIONS

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House notes the Report of the proceedings of the Inter-Parliamentary Union hearings at the United Nations, New York, USA from 22nd – 23rd February, 2018, laid on the Table of the House on Tuesday, 15th May, 2018.

(Sen. (Prof.) Kindiki): I can see a request by the Senate Majority Leader.

Very well, let us go to the next Order.

(Sen. (Prof.) Kindiki): Order, Senators. As you are aware, the Speaker gave directions regarding Statements yesterday. We only have one Statement today under Standing Order 46(2)(a); the Statement from the Senator for Turkana 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.

Speaker (Sen. (Prof.) Kindiki): What is it Sen. Lelegwe?

Thank you Mr. Deputy Speaker Sir. I beg to ask you to consider your decision on dropping the Statement because the matter of security in Turkana, Samburu and Baringo counties is very important. I beg that you consider not dropping the Statement.

(Sen. (Prof.) Kindiki): On what grounds?

So that we---

(Sen. (Prof.) Kindiki): You are actually aggravating the case for your colleague. If this matter is so important, that is why he should be here.

He probably has other engagements.

(Sen. (Prof.) Kindiki): Order, Senator! You are just guessing. You are telling us “maybe.” Do you have any specific message from the Senator?

I do not have any specific message, but I know that this is a very important matter.

(Sen. (Prof.) Kindiki): We all know that. It is, therefore, dropped because the matter is so important and the Senator is not here without explanation. Next Order.

(Sen. (Prof.) Kindiki): Order,Sen. Cherargei! You have this habit of turning the Chamber into a market place. The only person we can allow some considerable room is the Senate Majority Leader or the Whips, because they are on duty most of the time. However, the Senator for Nandi County, you are not on duty! You are on a frolic of your own.

I have no idea what business you are transacting there with the Senators for Homa Bay and Embu.

Order! Senate Majority Leader, we are in Order No. 11; what do you have to say?

Thank you, Mr. Deputy Speaker, Sir. I request you to defer the Business No. 11 and if you may allow me, also No. 12 in the Order Paper. This is to allow us to get the numbers required for voting. Having consulted you and maybe just for the record, I request that we go to the Business No. 17 in the Order Paper. This is a very small Business of confirming the appointment of Sen. Pareno, then we can come back to the other Business.

The Whip from the Minority side has arrived. I hope that he will help us get the numbers for us to vote when we are done with that Order.

(Sen. (Prof.) Kindiki): That is okay, Senate Majority Leader. Sen. Mutula Kilonzo Jnr., I had already made a favorable ruling for House Leaders like you. Therefore, do not dilute the impact of that ruling. You can consult modestly because I assume you are doing so on behalf of the House. I had already determined that issue. Senate Majority Leader, regarding Order No. 11, is it your request that should there be numbers, we can revisit it?

Yes, Mr. Deputy Speaker, Sir. 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): All right. For the time being, we stand down Order No. 11 and should there be numbers, subject to confirmation, we can come back to it for voting. I will grant the request by the Senate Majority Leader that we go to Order No. 17. However, it is safe to say that he should not anticipate debate by saying that we are just confirming. We are not confirming; we are going to debate your Motion for approval of Sen. Pareno as a Member of the Speaker’s Panel. Next Order! We will go to Order No. 17 for now. Senate Majority Leader, as soon as I finish making a short acknowledgement about our visitors, we will go to the Order that you have requested, which is Order No. 17. Order Senators, I have a communication to make.

(Sen. (Prof.) Kindiki): Hon Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegationof the Justice and Legal Affairs Committee of Nyamira County Assembly. I request each member of the delegation to stand when called out so that they may be acknowledged in the usual Senate tradition. They are:- (1) Hon. Raban Masira Chairperson (2) Hon. Charles Maroko Member (3) Hon. Abel Mose Member (4) Hon. Samuel Nyanchama Member (5) Hon. Innocent Mose Member (6) Hon. Joseph Nyarango Member (7) Hon. Lilian Nyamweya Member (8) Hon. James Boera Member (9) Hon. Jeria Nyakangi Member (10) Hon. Damaris Mouni Member (11) Hon. Eznah Mokua Member The following persons are also part of the delegation:- (1) Ms. Patience Orina (2) Ms. Felisters Otwabe (3) Mr. Samuel Arama (4) Mr. Kevin Riro (5) Mr. Jared Mecha (6) Mr. Justine Ogechi (7) Mr. Boaz Okari On behalf of the Senate and on my own behalf, I welcome you to the Senate and wish you well for the remainder of your stay. 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 take this opportunity to welcome Carmel Girls Secondary School, Machakos County, where I am the Senator. Yesterday, I welcomed another school from Matungulu Sub-County. I understand that Carmel Girls is located in Mwala Sub-County where I was born. I appreciate the role of one of the pioneer priests, Fr. Kalei from Kerala, India. He was the brainchild behind the establishment of the chain of schools. I love this school because it has kept their flag high in performance. As we always say, these students and others are the future leaders. So, let their visit here be memorable. Some of them will work in the Senate and the National Assembly. I believe some of them will end up in the Judiciary working as advocates of the High Court of Kenya while others will serve the other arms of Government. They are welcome now and at any other time.

(Sen. (Prof.) Kindiki): I will give Sen. (Prof.) Ongeri a maximum of two minutes.

Mr. Deputy Speaker, Sir, I rise to add my thanks and appreciation for the Nyamira County Legal Committee for coming to benchmark at the Senate on the events and activities that they must carry out in our county. I am a resident of Nyamira County. I am fully aware of the enormous task that they are pursuing in that county. It is a good feeling that coming here, they will keep in check some of the events that are taking place and ought not to have taken place in that county. I am happy that they will be able to help us alongside my colleague, Sen. Okong’o Omogeni who is the Senator for Nyamira County who is away. You should help us to keep those two counties on a clear path of oversight as far as the oversight role is concerned of the two legislative Houses. In the same vein, I welcome the students from Machakos County who have come to the Senate. I was once a Minister for Education. I am acquainted with that school for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Hon. Senators, I would like us to proceed to Division. You know how fleeting that can be because of quorum. I, therefore, direct that we go by what we have heard from Sen. (Dr.) Kabaka and Sen. (Prof.) Ongeri on behalf of all of us. That is the close of that matter. Let us move Order No. 11 on Division. I direct that the Division Bell be rang.

Mr. Deputy Speaker, Sir, had you called the Order?

(Sen. (Prof.) Kindiki): The Order had already been called. Sen. Khaniri. You are a legislator of long standing.

(Sen. (Prof.) Kindiki): We will now go to Division. Please ring the Division Bell.

Hon. Senators, the Division Bell is ringing. After voting, we will proceed to Order No.17. Stop ringing the bell. We are proceeding to Division. Serjeant-at-arms, close the doors and draw the Bars.

Order, Sen. Khaniri! Senators, log in and get ready for electronic voting. You have one minute to vote.

Sen. Halake, the Standing Orders do not allow you to walk around the Chamber during voting. Every Senator should be on their seat until this process is over. 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 Senators. The results of the Division are as follows:

(Sen. (Prof.) Kindiki): Serjeant-at-arms, do not unlock the doors; wait a little bit, we are sorting out a small technical issue. ( The Deputy Speaker (Sen. (Prof.) Kindiki consulted

(Sen. (Prof.) Kindiki): Serjeant-at-arms you can now open the doors and withdraw the bars. (The doors were opened and the bars withdrawn)

(Sen. (Prof.) Kindiki): Let us have the next order.

(Sen. (Prof.) Kindiki): Let us have the Senate MajorityLeader.

Thank you, Mr. Deputy Speaker, Sir. I beg to move:- THAT, pursuant to Standing Order 17, the Senate approves the nomination of Senator Judith Pareno to replace Sen. 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 15 of the Senate. This is a very straightforward Motion. Sen. Pareno is a Senator in this Twelfth Parliament. I can vouch for her strong academic qualifications as a lawyer. She has extensive experience in political management, having been at the helm, managing one of the ---

(Sen. (Prof.) Kindiki): Order! Sen. Mwaura and Sen. Khaniri, you are habitually disruptive today.

Thank you Mr. Deputy Speaker, Sir, for your protection. At that point, I was saying that Sen. Pareno has her name in this country as having been one of the top managers of elections and election nominations, having served in one of the larger parties. After the Jubilee party, the second is the Orange Democratic Movement (ODM). The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): You also owe it to public disclosure that the “dispute” was also settled in a way between yourselves and Members of County Assemblies (MCAs).

Yes, Mr. Deputy Speaker, Sir, I must disclose in a way, that we had the opportunity to play against MCAs finally. However, there has never been a conflict between them and Senators. It was a friendly match among oversight legislators at the county and national level. The real competition was between the Senate and the county Governors. It was just a friendly fire although sometimes even friendly fire can kill. Mr. Deputy Speaker, Sir, I congratulate Sen. Malalah for rising to the position he is in. I remind him that it is a position of responsibility. I have seen him participate in very vibrant politics. Now, he needs to tone down his vibrant politics in a manner that he will accommodate all in the minority team that come from different political parties. It carries a coalition in the minorities. You will have the responsibility to accommodate everybody. Let me come back to the subject matter which is Sen. Judith Pareno. She is ascending to an office I have served in before. It is a very honourable office of assisting the Speaker and the Deputy Speaker in discharging the constitutional responsibilities of the office of the Speaker to ensure that this House is managed well. I request Sen. Pareno to always remember that when she is sitting as a Senator, she does so as a Senator representing marginalised groups, that is the women from the minority side. However, when she sits as the representative of the Speaker, her neutrality is very important both 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

(Sen. (Prof.) Kindiki): Order, Senator. This is not a fishing ground. This is not a party recruitment centre. Those are things you can canvass in the lounge and in public rallies.

Mr. Deputy Speaker, Sir, if she was in the majority side, there is great likelihood that she would be in the top leadership of the party and the House because the majority side takes care of women. The deputy majority leader is a woman. The whip of the majority side is a woman also. So, it is natural that if you join the Jubilee side, you are likely, as a woman to have great opportunities than in the minority side, but because of the handshake, I do not want to elaborate further. I request that, in the absence of the minority leader and the deputy minority leader, I invite the minority whip to second this very important Motion.

Mr. Deputy Speaker, Sir, I rise to second this Motion for the nomination and subsequent appointment of my good neighbour, Sen. Pareno to the Speaker’s Panel and dissuade the majority leader from trying to woo her using those methods. He should be a little more magnanimous about the wooing. She is “unwooable”, if such word exists. Mr. Deputy Speaker, Sir, I will be brief. It is a privilege to serve in the Speaker’s Panel and to serve as the Speaker. You are our judges. We have bestowed on you the responsibility of guiding. From the experience of Sen. Judith Pareno, in Orange Democratic Movement (ODM) in managing the elections for a long period of time, I have no doubt, and therefore, sign the letter with no hesitation that she will do a good job. She is a renowned lawyer, very sound and her judgment, like Caesar’s wife, is beyond reproach. From the minority side, we would like to say that the fact that Sen. Judith Pareno has been nominated to the Speaker’s Panel as opposed to the leadership does not mean that the Speaker’s Panel where you sit is of lesser value than where Sen. Fatumo Dullo is sitting. As far as we are concerned, they are at par. They are numerouno. They are just equals. Therefore, it is not a reward. She is there on merit.

(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr. Proceed, differently.

Mr. Deputy Speaker, Sir, although I am being wise, I understand you on the direction. Thank you, with those few remarks, I beg 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

(Sen. (Prof.) Kindiki): I have more than 10 requests. They are too many. So, I have two options; either I give one Senator from each side two minutes each because we have other business which we should spend time on; that is the County Allocation of Revenue Bill which will afford each one of us enough opportunity to talk. On that basis, from the majority side on first come first served basis, Sen. Cherargei was the first one to request. You have two minutes, Senator.

Mr. Deputy Speaker, Sir, I rise to support this Motion. As the Majority Leader said, Sen. Judith Pareno will sit there as the judge and must take the position of neutrality in engaging the business in this House. For the short time I have known Sen. Pareno, she a very rational, reasonable and sober woman. As my senior ---

(Sen. (Prof.) Kindiki): What is it, Sen. Fatuma Dullo?

On a point of order, Mr. Deputy Speaker, Sir. Is it in order for the Senator for Nandi to call Sen. Pareno a woman?

(Sen. (Prof.) Kindiki): Order, Senator! The Chair was very alert. Sen. Cherargei said Sen. Pareno is a woman of strong character blah blah blah -, which I find nothing offensive about; unless, Sen. Dullo, you have a different interpretation of the gender issue. The title issue has been resolved unless the gender issue is problematic.

Order, hon. Senators! Proceed. Sen. Cherargei you have an addition of one minute because of the disruption.

Thank you, Mr. Deputy Speaker, Sir. The goodness is that my teacher, the Senate Majority Leader is here. So, you can be sure I cannot make any mistake. I wish her well. Her Curriculum Vitae (CV) is impressive. She has always managed the second largest party very well. Most of the colleagues from the ODM side have benefitted through her hands. They are a blessing because most of them succeeded to be here. We encourage her, that when she sits at that point, to be neutral and give the necessary “Solomonic” guidance in ensuring that we discharge the business of the House. Mr. Deputy Speaker, Sir, we wish her well. I beg to support.

(Sen. (Prof.) Kindiki): Thank you. From the Minority side, we will now have Sen. Mwaruma for Taita-Taveta.

Thank you Mr. Deputy Speaker, Sir, for this opportunity to support the Motion. I would like to wish Sen. Pareno well in her new assignment. Sen. Pareno is a lady that I really admire.

(Sen. (Prof.) Kindiki): Order Senators! As far as I am concerned, admiration is a positive word. Proceed Sen. Mwaruma.

Thank you, Mr. Deputy Speaker, Sir, for that protection. Sen. Pareno is a role model to many girls in our schools. Despite the fact that she comes from a minority community of the Maasai with retrogressive cultural issues like Female 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. Sen. Mwaruma has said that the ODM is the second oldest party after KANU in the presence of Ford Kenya party leader. Just for the record, Ford Kenya is the second oldest party after KANU. I just thought we should set the record straight.

(Sen. (Prof.) Kindiki): Very well. I now call upon the Mover.

Mr. Deputy Speaker, Sir, as you have witnessed, there is unanimous consensus. The superlatives and adjectives used on Sen. Pareno are some of the words that each of us here would admire. We have heard that she is admired and full of wisdom.

(Sen. (Prof.) Kindiki): Order Senate Majority Leader! Could you reply?

Every politician would be happy to be described in that manner, especially if they want to advance in their political career. I wish her the best and I believe that we will approve her name in the next stage of voting, so that she continues to serve in the position that she has been proposed, for the best interest of this House. I thank you.

(Sen. (Prof.) Kindiki): Hon. Senators, I now want to put the question. This is an acclamation vote because it is not a matter concerning counties.

Hon. Senators, I have a communication to make concerning more visitors that we have here this afternoon.

(Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Lake Naivasha Girls School in Nakuru County. In our usual tradition 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): Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Tengecha Girls High School in Kericho County. In our usual tradition of receiving and welcoming visitors to Parliament, I extent a warm welcome to them and on behalf of the Senate and on my own, wish them a fruitful visit. I thank you.

Order Senators, we will proceed as we did in the previous situation of a similar nature.

I did not know that the Senator for Bomet is also the Senator for Kericho. I have read the Constitution and the schedule of counties is very clear. Nevertheless, in the spirit of good neighbourliness, I will allow Sen. (Dr.) Langat two minutes.

Thank you very much Mr. Deputy Speaker, Sir, for according me a chance at least to welcome the students and teachers from Lake Naivasha Girls School and more particularly, as a neighbour to Kericho County, to welcome students and teachers from Tengecha Girls to this particular good House of legislation. Tengecha Girls High School in Kericho County is a well-performing school with a standard performance. It has been doing well and I encourage them to work hard in school. They should admire this particular House so as to be legislators in the Senate in future. May God bless them.

(Sen. (Prof.) Kindiki): The Senator for Nakuru is not here but Sen. Prengei, who is also from that county, is here. I give you two minutes.

Thank you Mr. Deputy Mr. Speaker, Sir. I want to join you in welcoming the girls from Lake Naivasha. I want to encourage them that we have many women legislators in the House and if they work hard, they can also join them in future. I congratulate and welcome them.

(Sen. (Prof.) Kindiki): Thank you, Sen. Prengei. 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): We will defer Order No. 12 from the Order Paper because Sen. Wamatangi is not here. The Order is deferred with consequences thereof.

(Sen. (Prof.) Kindiki): Order, Sen. (Eng.) Mahamud! You are a long standing legislator. You do not just stampede yourself to the Dispatch Box.

Sen. (Eng.) Mahamud, you have the Floor.

Mr. Deputy Mr. Speaker, Sir, I beg to move the County Allocation of Revenue Bill (Senate Bills No.11 of 2018).This is a very important Bill that deals with the finance---

(Sen. (Prof.) Kindiki): Order, Senator! You should move that the Bill be read a Second Time.

Mr. Deputy Mr. Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) be now read a Second Time. This is a very important Bill which makes provisions for the division of revenue raised nationally among the county governments for the Financial Year 2018/2019. Clause 3 of the Bill deals with objectives or the purpose of the Bill, which is to provide for the allocation of revenue raised nationally and conditional allocations among county governments for the Financial Year 2018/2019 as well as the transfer of the county allocations from the Consolidated Fund to the respective County Revenue Fund. The Bill also deals with the allocation of equitable share of revenue raised nationally in each county government. It also deals with the allocation of the conditional grants from the national Government to various counties. The Bill also provides for the publishing of monthly reports by the national Government on actual transfers of all 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! I was alerting you about not being on record. The microphone is on; you can proceed.

Thank you Mr. Deputy Mr. Speaker, Sir. As we await the Kenya Roads Bill that was read the First Time today, and depending on what we agree on how the road sector will be structured, we will see how the money that is going to the counties will be enhanced. The total conditional grants from the national Government Revenue amounts to Kshs25,500,000,000. The other funding that we are getting is the conditional allocations from loans and grants from development partners. This includes the transformation health centre systems for universal healthcare, which is Kshs3,363,589,847. Then the World Bank is financing agricultural and rural inclusive growth project, which is Kshs2.9 billion. Of course, there is a loan from World Bank to finance the Kenya Climate Smart Agriculture Project (KCSAP). There is a grant from the World Bank for Kenya Devolution Support Project (KDSP), which is supposed to help build capacity for the county governments. There is also a loan from the World Bank for the Kenya Urban Support Project (KUSP), which is about Kshs11.4 billion. The sixth is grants from Danish International Development Agency (DANIDA) to finance universal healthcare and devolved systems programme, which is about Kshs1billion. The seventh one is the European Union (EU) grant to finance Instruments of Devolution Advice and Support Ideas which is about Kshs1 billion. We heard today that the Ministry of Devolution and Planning will sign that agreement with DANIDA in terms of what goes to the counties. The other one is credit from the World Bank (WB) to finance water and sanitation development projects for about Kshs3.8 billion. The counties to benefit from this funding include Wajir, Garissa, Kisumu and three other counties. There is also a grant from the WB to finance the Kenya Devolution Support Programme amounting to Kshs4 billion. Mr. Deputy Speaker, Sir, those are three schedules; the first schedule is on the equitable allocation of the Kshs3.4 billion, the second schedule in the Bill deals with the allocation from the national Government revenue and the third is from loans and grants. The fourth schedule which has also been introduced this year is the budget celling or recurrent expenditures for county executives and assemblies. This schedule totals to Kshs26,779,286,759 for the county executive and Kshs31,031,309,710 for the county assemblies. With regard to this particular item of the recurrent expenditure ceilings for both the county executives and county assemblies, we had no problem with that of the county executive. However, a lot of issues were raised concerning the county assemblies. The Salaries and Remuneration Commission (SRC) has issued circulars on the salaries and allowances of the county assemblies. In January 2018, the High Court quashed some of the provisions of the circular which was released in July, 2017. Such developments were not considered in the computation of the recurrent expenditure for county executives and county assemblies. The ceiling for county assemblies will have to be amended to cater for such additional obligations. Mr. Deputy Speaker, Sir, pursuant to Article 118 of the Constitution and Standing Order 134(5), the Committee invited the public, state actors and other non-state actors to submit their contributions to the Bill. In this regard, the Committee held a public hearing 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): Who is seconding?

Thank you, Mr. Deputy Speaker, Sir. I beg to second the Motion as moved by my able Chairperson concerning the County Allocation of Revenue Bill. From the outset, there are some issues that were raised. We had robust engagements with various stakeholders in order to ensure that we have a Bill that speaks to their concerns within the devolution spectrum. Mr. Deputy Speaker, Sir, it will be noted that we have enhanced allocations to the counties to the tune of Kshs372 billion. Out of this, Kshs25 billion is conditional grants from the national Government for various functions of the county governments. Mr. Deputy Speaker, Sir, allow me to highlight a few things because my Chairperson has canvassed most of them. One, there seems to be a challenge, especially in terms of disbursement of funds. That is why this Bill seeks to ensure that there is a monthly report to track how much money has gone to each county. Where there are delays and this is not happening in the right way, we have seen counties delaying paying their own members of staff. Some of the submissions that were made were to the effect that they should be allowed to borrow only for salaries. That has a cost effect. So, the disbursements for each and every month will ensure that we track these expenditures. There was also the issue of delayed payments to people who provided goods and services prior to the prolonged election period. Many businessmen and women who have supplied to the counties were not paid in time. Some of them, ended up seeing their property auctioned. The monthly report will be critical. It will also help us, as Senators, to monitor the allocation that has been given to county by county. We have also gone further in our deliberations with the office of the Controller of Budget to ensure that counties give them the interim reports of the monies that they have disbursed to them. There is a challenge because disbursements are also tied to expenditure. The discussions would be that counties are laying their own paper work so that by time the monies are released, they can easily go to whatever entities that they 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. Mutula Kilonzo Jnr.

Thank you, Mr. Deputy Speaker, Sir. I rise to support the Bill. Allow me to mention a few issues that were not captured by my vice- chairperson. On Clause 10, I want to disclose that the Bill follows the basis of division of revenue. This is the last time we are dividing revenue on this formula. We will have to devise another formula for purposes of the Division of Revenue Bill 2019/2020. There is tremendous improvement on Clause 6 on budgets of recurrent ceilings for purposes of county governments and county assemblies. There are six counties that would not benefit tremendously from the increase. Those counties, Kiambu included, have not complied with the two per cent in the formula in terms of raising revenue. So, they appear on the schedule as if they have not made any benefit from the increase in the recurrent expense. Mr. Deputy Speaker, Sir, we are happy that the ceilings on recurrent expenditure for both county assemblies and county governments has capped what appeared to be a spiraling effect on spending money on benchmarking. That in itself does not say that there is no waste. There is so much waste in counties that you wonder when we claim that we are allocating minimum resources whether indeed we are doing the same. For purposes of Level 5 Hospitals, I do not see the Chairperson of the Committee on Health but I would like to request the Committee on Health to analyse the allocation we are giving Level 5 Hospitals. It has remained the same. The increase is marginal. That does not mean in itself that the health facilities are not required. Senators, you are aware that counties have not paid up to Kshs2.8 billion to the Kenya Medical Supplies Agency (KEMSA) for acquisition of drugs. So, we need to understand from the Committee on Health whether the Kshs4.2 or Ksh4.3 billion we are allocating to Level 5 Hospitals is adequate. We ask you to do a very quick audit for us because if we cannot devolve funds for purposes of this resource, I do not think we are doing a good job. Thirdly, is the conditional grants. In the exit report done by the Commission for the Implementation of the Constitution (CIC), they pointed out to conditional grants. That was three years ago. I can already see it. They warned that conditional grants are slowly taking away the work of county governments because most of the conditional grants are on county functions. I have raised a concern, and I am glad that the Chair of the County Public Accounts and Investments Committee (CPAIC) is here. We are increasingly 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. Mutula Kilonzo Jnr.! Did you say, Madam Speaker?

Mr. Deputy Speaker, Sir, I am sorry. I think I was looking at Sen. Pareno. That, CPAIC assist us in finding out how we can interrogate the expenditure. We do not want to come at the tail end; I want to know about the Kshs80 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! Proceed appropriately.

Mr. Deputy Speaker, Sir, we have proposed that the National Treasury must align the conditional grants to the budget cycle. The idea of amending the Division of Revenue Bill and the County Allocation of Revenue Bill as if there is a crisis must stop. When the President signed into law the Division of Revenue Bill, the National Treasury had left out three conditional grants. When they appeared before us, they asked us to amend the County Allocation of Revenue Act (CARA) quickly but we told them that the law must be followed. That is why the Chairman was clear that we will follow the process, which is to amend the Division of Revenue Bill, before the CARA is amended. On behalf of my committee, I urge that in the reports, the conditional allocations in Agricultural Sector Development Support Programme (ASDSP), Water Tower Protection and Kenya Urban Support Programme additional funds must await an amendment to the Division of Revenue Bill. Our legal team has confirmed that in fact the process of division of revenue can begin from the Senate without having a dispute. I cannot finish without saying this. We must pronounce ourselves on arguments about money Bills. The idea that everything we deal with must be scrutinized from the lens of a money Bill must stop. We cannot discuss the County Wards Development Equalization Fund Bill and the Retirement Benefits (Amendment) Bill because they are money Bills yet they have been tabled. These are some of the things that upset many of us. The County Wards Development Equalization Fund Bill would not have come here unless there was a discussion under Article 110(3) of the Constitution. That is something that this House must address because the Division of Revenue Bill and the County Allocation of Revenue Bill which can originate from here are money Bills. This is something we must pronounce ourselves on as a Senate because somebody out there is attempting to walk in jurisdiction by restricting our mandate. Unless we deal 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. Mutula Kilonzo Jnr. I can see a lot of interest. We might have to look at time but for the time being, I will indulge you with your 15 minutes. Let us see how we make progress.

Mr. Deputy Speaker, Sir, thank you for the opportunity to contribute to this important Bill. As I was consulting my neighbour Sen. M. Kajwang', I felt that perhaps we should have had a bit more time to internalise.

(Sen. (Prof.) Kindiki): Order, there is no that neighbour of yours there.

He must have moved away! I did not realise he is a pastoralist. I know this is one of the most important Bills for the Senate. As such, it is the core mandate and perhaps the most important Bill we will pass this year. The Division of Revenue Bill is one thing that we Senators can say that it is a job we do because when we go to out counties, sometimes they ask us what we have done. This is one of the things that we can highlight. I hope that in future we will have a little bit more time and perhaps be taken through some of the provisions so that Senators can internalise and debate them more robustly. That said, the concern regarding this Bill is the whole thing around additional and conditional allocations to facilitate the leasing of medical equipment at a cost of Kshs9.4 billion. I have said this in the past. I know we are looking at the Big Four Agenda and one of them is the universal healthcare. The universal healthcare is not just about equipment 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! Sen. M. Kajwang' and company, if you want to pass information, you know what to do. You should place an intervention seeking for a point of information, instead of shouting from wherever. This is a dignified House and the process is highly dignified. Proceed Sen. Halake.

Mr. Deputy Speaker, Sir, this House should ensure that as we look at the allocations, finances should follow functions. I concur with Sen. Mutula Kilonzo Jnr. that if we separate Bills as money Bills without putting the context of service provision at the lowest levels of the counties for which we are responsible, then we will be missing the point. The principle of the County Wards Development Equalization Fund is to push resources down to the frontlines of service provision at the local level. So, some of the money Bills should never be discussed out of the context of services they are supposed to provide. With additional equipment, I hope that we Senators will ensure that we audit how far we have come in terms of service provision in our facilities as a result of the equipment we have, given that we are now in the fourth year of the implementation of the equipment. I know that there are places where equipment is collecting dust for we do not have qualified personnel to use it for service provision. These are some of the things that we need to look at as we oversight these funds. For the additional conditional allocation to Level 5 hospitals, we have been bashing Kenyatta National Hospital, though I do not know if the other Level 5 hospitals are also not working. Kenyatta National Hospital is overwhelmed by the numbers that are being referred there, especially women who have to now give birth in undignified conditions. It is not that the referral system is not working but the facilities that we are calling Level 5 are not working to the level and quality of service that the women or citizens require. We need to find a way of decongesting Kenyatta National Hospital. I would like to commend Moi Referral Hospital because I have seen it handling a lot of referrals from its catchment area, which is the Rift Valley though I have not seen much from the rest of the Level 5 hospitals. I would like to ask the same question as Sen. Mwaura; what are the criteria for us to make Level 5 hospitals similar? This has been done in all sectors, education included, where we have decided on the schools that are to be national. That is the same thing that we have done with the Level 5 hospitals but we need to ask ourselves as we pump money 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! For your information, the Constitution says that the accounts to be used are the most recent audited accounts by the Auditor-General and approved by Parliament. That is where the issue 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, thank you for this opportunity to support this Bill. I would like to start by congratulating my Chairman, Sen. (Eng.) Mahamud. This is a Committee that I belong to and he has been steering this Committee efficiently and pretty well. As a general observation, now that the country is talking about the possibility of relooking at the Constitution, 2010, it will be desirable for the country to look at sharing of revenue on the basis of budget and not audited accounts. This is a budget cycle and what we are giving out to the counties and retaining at the centre is about the current budget. It is not about a historical figure. Therefore, it will be good if in future, we relook at the Constitution and say that what is sharable is what is in the budget. The current budget that is being worked on is likely to be in excess of Kshs2.4 trillion. What we are dealing with is still under a trillion. Mr. Deputy Speaker, Sir, secondly, if we revisit the Constitution, it will be absolutely important and necessary that the Senate be at the centre of the budgeting process. The Senate is reduced to dealing with a small percentage of money that is going to the counties, while the bulk of the money is being handled in the National Assembly. You know the ping-pong that we have been having about even a small item like oversight fund that the Senate is looking for to ensure that money is used more efficiently in the counties. The current division that we are seeing is as a result of the historical background of devolution. It is quite clear that devolution is a dream-come-true for many Kenyans. It has its problems and hiccups but, today, if we asked Kenyans to vote for the most innovative political idea since Independence, they will tell you that it is devolution. We must make it work because from the last election and previous elections after the new Constitution came into place, we have progressively seen that what is supposed to be equitable is in fact far from it. Next year, this country will have a national census. You and I know that there are certain regions of the country and some counties where population census figures were falsified and inflated to the extent where some counties were---

(Sen. (Prof.) Kindiki: What is it, Sen. (Eng.) Mahamud)?

On a point of order, Mr. Deputy Speaker, Sir. Is the Senator in order to suggest that some population figures were falsified, yet the purported falsification was overruled by the courts of law, up to the Supreme Court level? Is he in order to bring that up?

Mr. Deputy Speaker, Sir, in fact, as a distinguished colleague in the learned profession, you know that the then Minister responsible for the population census, the current Governor of Kakamega County, went to court and won the case. There was an order for repeat census in certain areas. However, some Kenyans in those areas arrogantly said that if the repeat census were to happen, they would have to count people from the air, and the matter ended there. This is common knowledge and the cases were in court. The Minister is also still living and is the current Governor of Kakamega County. He can give you the facts if you need 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

(Sen. (Prof.) Kindiki): Thank you, Sen. Wetangula. Let us have Sen. Dullo.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Bill. I join my colleague in congratulating my colleagues in the Committee on Finance and Budget who have done a very good job in ensuring that everything is in order. I thank the Government and this House, especially the Eleventh Parliament where I was a member of a Committee that went the whole country to make sure that five counties, including yours, benefited from the national Government allocation to enable them construct headquarters. I wish to confirm to the House that the construction of Isiolo County Headquarters is on course although it has taken a bit of time. From the onset, this House will always make sure that our counties have enough budget allocations to enable them deliver on their mandates. However, this is not our fifth year; we are going to the sixth. Despite the Government increasing budgetary allocations, especially this financial year, it is not in some areas replicating on the ground. Mr. Deputy Speaker, Sir, if you look at the health sector, there is a huge budgetary allocation to many counties. When you go to the ground, our people are still dying due to lack of medical services. Some hospitals do not even have panadol tablets. It is very sad. This House should come up with the mechanisms to ensure funds disbursed to counties are well spent. The County Public Accounts and Investments Committee (CPAIC) has sat with the Auditor-General and the Controller of Budget (COB). He said that the Senate should always be informed on how the budget is implemented. It is not a matter of just sitting here and dishing out money when we do not know how it is being utilised. We, as a House, only rely on the Auditor-General’s Report way after years have passed. For example, the CPAIC is now looking at the reports of 2013/2014 Financial Year audit queries. Honestly, is that why we are here? This is a question we need to ask ourselves. Can we be on top of things? When money is released from the Government, Senators should track that the money goes from here to the county governments is utilised in the right manner and report to this House. This is completely lacking. Looking at the report that was tabled this afternoon, for example, for Isiolo County one of the comments on budget implementation from the COB is failure to establish an internal audit Committee, contrary to Section 155 of the Public Finance Management (PFM) Act, 2012. This is a song we have been singing for the last five years. How can the Senate or the national Government penalise the county that does not have such structures in place? This is a question we need to ask ourselves as the Senate. I remember the other day we went with Sen. M. Kajwang’ and Sen. Mutula Kilonzo Jnr. to the United States (US) to see their Monitoring and Evaluation (M&E) structures. One the things the US is doing is that if one is found responsible for any misappropriation or any act that shows that one has mismanaged finances, one is penalised and will not get a budget allocation until the offence is corrected. This House should look out and see how we can punish the counties that are not complying with financial management and regulations in 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

Mr. Deputy Speaker, Sir, I thank you for giving me the Floor to contribute to debate on the County Allocation of Revenue Bill (Senate Bills No.11 of 2018). I begin by thanking the Chairperson of the Committee on Finance and Budget, Sen. (Eng.) Mahamud for a job well done. He has done a good job in articulating the issues contained in this Bill. Having said that, there are two things I will mention before I go to the Bill. One, the Senate spends a lot of time and human resource to deal with legislation on the allocation of revenue to counties. It should follow that scrutiny on the use of this revenue should be a natural thing for the Senate to do. County governments must not have issues with Senators when they raise questions on how money they have been allocated is being spent for the benefit of the residents of this country. Secondly, there are three sources of revenue to the counties. There is the equitable share, conditional grants from development partners and a source that for some reason a lot of people are shy about discussing, the county’s own revenue. There are counties in this country that over the years report less and less revenue collected from their sources yet there is Kshs6 billion sharable revenue which counties that progressively report increase in collection of revenue could get two per cent to spur growth. On this Bill, I will begin with the conditional allocations from national revenue. Most of the functions that are listed in the conditional allocations are devolved functions. 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, so far so good. We have two more speakers then we will possibly ask the Mover to reply. As you are aware, this is a time bound Bill. The Senate will not be sitting the whole of next week because of the Annual Legislative Summit. We want to attempt that. Therefore, by consensus, Sen. M. Kajwang' and Sen. (Prof.) Sen. (Prof.) Ongeri, you will each have 10 minutes because those are the requests that I have here.

Thank you, Mr. Deputy Speaker, Sir. I rise to support and to congratulate the Committee on Finance and Budget for bringing this particular Bill before the House. If I had time, I would have indulged you in a poem written by Henry Barlow, the Ugandan. I will truncate what he said: “Today, I did my share in building the nation. I drove a Permanent Secretary to an important, urgent function. In fact, to a luncheon at the Vic.” I will stop there because of time but I feel proud today for I am doing my duty as a Senator because this is one of those Bills that can only originate from the Senate. This is one of those tasks that can only be done by the Senate with the concurrence of other institutions. How I wish that this great job that the Committee on Finance and Budget has done we would have had adequate time so that more Senators could be here to do their duty in building the nation and building devolution. The Bill allocates a total of KShs372.7 billion to counties and we covered that when we looked at the Division of Revenue Bill. My argument is that this money is not enough for counties. In as much as we say that it is a greater percentage than the constitutional requirement and, in as much as we are touting a huge percentage increase from when we started devolution, it is not enough because roads have not been transferred fully to counties. The Roads Bill is still floating around Parliament. Libraries have not been fully transferred to counties and so have ferries, ports and harbors. Hopefully, the county should be getting at least Kshs500 billion every year by the time The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen.) Prof. Kindiki): Thank you, Sen. M. Kajwang. Some of the best debates are truncated. You can have an hour and just wonder around yet say very little. Sen. (Prof.) Ongeri, you will have 10 minutes. Two new requests have suddenly emerged out of the blues, yet I thought I had closed that chapter. However, Sen. Pareno, since you have to celebrate your elevation today to the Speaker’s Panel, I will grant you five minutes and then Sen. Omogeni will also have five minutes in that order. Thereafter, the Mover will reply briefly so that we are within time. Please proceed, Sen. (Prof.) Ongeri.

Mr. Deputy Speaker, Sir, I rise to contribute to this important Bill on revenue allocation to counties. The numbers and the figures have already been established. The ceilings have already been set. One fundamental area that I would like to flag out is that despite the fact that the Bill talks of a payment schedule and the publication on a monthly basis, these resources have been shifted to the County Revenue Fund. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen.) Prof. Kindiki): Thank you Sen. (Prof.) Ongeri. The best things are short. Sen. Pareno, proceed as agreed.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to celebrate my nomination to the Speaker’s Panel in style by talking about the pertinent issue of resource allocation to our counties. First, I thank the Speaker and leaders from both the Majority and Minority sides for resoundingly approving that I sit in the Speaker’s Panel. I am humbled by the submissions that were made as they were approving. I promise that I will live up to the expectations of total commitment to duty at all times. I thank you and the House for the approval. Coming to the Bill, the elephant in the room is no longer about disbursement. We are slowly increasing the amount that we are disbursing. What we should now be looking at is the oversight of these funds. Mr. Deputy Speaker, Sir, before we started this session, this House asked for a disbursement Schedule. When we looked at it, we had allocated the revenue and indicated how much will go to each county, but three months to the end of the financial year, we had disbursed 33 per cent. We should then look at how we are transferring these funds, so that counties can function. The other key words that I am really excited about are “equitable share”. For the last period of devolution, we now have equitable share to our counties. I cannot imagine what was happening before devolution. This equitable share is a move in the right direction. Some of us are living that dream of getting an equal share of the national cake. At the end of the day, we are improving, having now reached the Kshs373 billion that is being allocated to counties. Mr. Deputy Speaker, Sir, I am also happy that this Bill, as submitted by the Chairperson, is a product of consultation with the counties and the National Treasury. This is a good sign. We have had issues where the county assemblies have gone to court, 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. Your time is up. Last but not least is Sen. Omogeni.

Mr. Deputy Speaker, Sir, I was not in the House when you unanimously elected my classmate, Sen. Judith Pareno, to the Speaker’s Panel. So, I will begin by giving her my hearty congratulations on the successive elevation to the Speaker’s Panel. I wish her success in her tenure.

(Sen. (Prof.) Kindiki): Please, clarify. In which school were you classmates; school of carpentry or which one?

Mr. Deputy Speaker, Sir, I am privileged to have been in school with Sen. Judith Pareno. She was in my neighbouring school, Kipsigis Girls in Kericho and we both ended up in the Faculty of Law at the University of Nairobi. So, she was my classmate in the University of Nairobi, Faculty of Law.

(Sen. (Prof.) Kindiki): Well answered. I will add you an extra minute because I distracted you.

Mr. Deputy Speaker, Sir, I rise to congratulate the Committee which has done a tremendous job in preparing the County Allocation of Revenue Bill (Senate Bills 2018 No.11 of 2018). Looking at the money that we are sending to our counties, you get the impression that it is meant to touch lives and impact on our people at the county level. However, it is a bit fortunate that four years down the line, ever since we started implementing some of the monies we are sending to specific projects in the counties, we are yet to see impact. If I begin from the health sector which has been on for four years, it is sad and regrettable that some of the counties have not effectively utilised the equipment that we are spending a lot of money on. Last time it was Kshs4.5 billion and now it has gone up to KShs9.4 billion. There are some counties that have never made use of that equipment; they are just gathering dust. Mr. Deputy Speaker, Sir, I hope that our county governments will make use of the resources that are allocated to them to impact on the lives of our people. I am happy and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

(Sen. (Prof.) Kindiki): Thank you, Sen. Omogeni. I now call upon the Mover to, please, reply in about one or two minutes.

Thank you, Mr. Deputy Speaker, Sir. I thank my colleagues for the good contributions. I assure them that this Committee will do its best to represent you in that Committee. Mr. Deputy Speaker, Sir, I would like to address a few of the issues which have been raised. One is the issue of borrowing and conditional grants. Currently, there is no borrowing framework for counties, which is why the national Government is borrowing and at least sending conditional grants to the counties. The issue of audited reports is very serious. We are now using the 2013/2014 approved audits, which is very bad. I think our colleagues across the lower house must do their job properly because that mandate is theirs. In terms of implementation of budget, this Senate must wake up and see how best we can implement whatever we have been sending to the counties. We need to follow up to see how the money has been utilised. Thank you very much, Mr. Deputy Speaker, Sir. I beg to move. Mr. Deputy Speaker, Sir, pursuant to Standing Order No. 55(3), I request that you defer the putting of the question to a later date because we have no quorum. 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): All right. I direct that this Bill be put on tomorrow’s Order Paper for purposes of Division and, therefore, I direct that division takes place then.

Hon. Senators, with regard to the other items on the Order Paper, I cannot see the Chairperson of the Committee on Justice, Legal Affairs and Human Rights for Order No.14. Similarly, I cannot see the Chairperson of the Standing Committee on Labour and Social Welfare in relation to Order No.15. However, I can see Sen. (Dr.) Milgo, who has a Motion to move. Then, of course, there is Order No.17 for the Senate Majority Leader, which we approved. There is also Order No. 18, which is a resumption of debate and I can see Sen. Were here. Unfortunately our time does not allow us to continue with any of those Orders. Of course there is also Order No. 19, which is for Sen.(Dr.) Musuruve, who is not here. Therefore, Sen. Were, we will have to defer those items because of time. Out time is almost up.

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

(Sen. (Prof.) Kindiki): What is it Sen. Were?

Thank you, Mr. Deputy Speaker, Sir. We had already moved and seconded these Motions, so it is just further debate.

(Sen. (Prof.) Kindiki): Unfortunately, still, I do not think there will be time for even one Member to debate on any of the two Motions. Therefore, they remain deferred to tomorrow.

(Sen. (Prof.) Kindiki): Order, Senators. It is now 6.28 p.m.; time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday 17th May, 2018, at 2.30p.m. The Senate rose at 6.28 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate