Hon. Senators, I wish to acknowledge the presence in the Speaker’s Gallery this afternoon of a visiting delegation of the Labour and Social Welfare Committee from Bungoma County Assembly. I request each member of the delegation to stand when called out so that you may be acknowledged in the Senate tradition. (1) Hon. Sifuna Ngana Chairperson (2) Hon. Simotwo Franklin Member (3) Hon. David Barasa Member (4) Hon. Eunice Kirui Member (5) Hon. Bethwell Mwambu Member (6) Hon. Fredrick Musebe Member (7) Hon. Joshua Sikuku Member (8) Hon. James Chesibok Member (9) Hon. Joan Ntukai Member (10) Hon. Nathaniel Aseneka Member (11) Hon. Christine Ngelech Member (12) Mr. Michael Kimwele (13) Ms. Martha Alaka (14) Mr. Levis Wanjala (15) Ms. Purity Mwasame
The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, Mr. Speaker, Sir, for giving me the opportunity to support you in welcoming the Members of County Assembly (MCAs) who have joined us from Bungoma County. They have done a commendable job. We have interacted with them in the Committee on Labour and Social Welfare and we know that this is a vibrant team that will help us as we work towards devolution. We did mention to them that we want devolution to work for us because it is a tool that is going to help us deliver to the people. I am commending them for coming to engage with the Senate. Mr. Speaker, Sir,I also want to commend the students who have come here to interact with the Senate and to see what happens here. We need to mentor the young ones into leadership positions so that we are able to leave the leadership baton to the right people with the right minds. I, therefore, commend them for coming to join us. Thank you, Mr. Speaker, Sir.
Proceed, Sen. (Dr.) Milgo.
Thank you, Mr. Speaker, Sir. As the Vice Chairperson of the Committee on Labour and Social Welfare, I also want to add my voice in welcoming the Members of Bungoma County Assembly Committee on Labour and Social Welfare. I thank them for finding time to come and benchmark with the Senate Committee on Labour and Social Welfare. As my colleague has said, these are very vibrant members and we were able to learn a number of issues from them. From our interaction, I realized that there are so many things that are not taking place in the counties. We encouraged them to come up with a number of issues that are bedeviling the MCAs for us to iron them out in our Legislative Summit in Mombasa. One notable one was the pension for the MCAs and we encouraged them to bring it to our Committee. Mr. Speaker, Sir, I also want to take this opportunity to welcome the students and encourage them to work hard. One day they will also find themselves in the Senate, representing their counties. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Proceed, Sen. Mutula Kilonzo Jnr.
Mr. Speaker, Sir, I also join you in welcoming the delegation from Bungoma and also to recognize the school. The name of the school is Kavantazou from Kaiti Constituency. They are actually at the Senate on my invitation on something that we had agreed on sometimes back. I have interacted with them the whole morning and I hope that they have learnt something from the Senate. Thank you, Mr. Speaker, Sir.
Proceed, Sen. Sakaja.
Thank you Mr. Speaker, Sir. I would also like to give a warm welcome to the MCAs from Bungoma County Assembly. We have interacted before through my Committee on National Security, Defence and Foreign Relations as we went to deal with the issues of security in Mt. Elgon Constituency. I am sure that they are happy with the progress that is being made since our visit. We also interacted with them over matters of land, settlements and the schemes there. I am glad that the area is a bit quiet and peaceful and we want to commit to them that we will make sure that all those allocations are done properly. In commending them, I would also like to note that as a Senate, we need to strengthen our interaction with county assemblies. We are the big brothers of the county assemblies, so we need to hold their hands as we deal with devolution and accountability. I want to commend Bungoma County Assembly because of the quality of interactions. They did a wonderful Report on the issues and they handed it to us. I have not seen such a report being done in any other county assembly and I hope that they will interact with my county assembly of Nairobi for the time when they are in Nairobi. Thank you and I am glad to officially welcome them to Nairobi County as the official host.
Thank you very much. Remember that it is also the county where the Speaker comes from and I was the first governor. Hon. Senators, for the next Order, I ask members to remain within the Chambers because we shall have a Division later on. Next Order.
Mr. Speaker, Sir, I beg to lay the following papers on the Table of the Senate, today, Thursday 17th May 2018:- REPORT ON THE FINANCIAL STATEMENT OF MACHAKOS COUNTY ASSEMBLY CAR LOAN SCHEME FUND Report of the Auditor General on the Financial Statement of the Machakos County Assembly Car Loans Scheme Fund for the year ended 30th June, 2017. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Next order. Proceed, Sen. Sakaja, Senator for Nairobi County.
Mr. Speaker, Sir, I wonder who was on your mind. I rise to make a Statement pursuant to Standing Order No. 46(2)(a), which states that:- “A Senator may make a statement on a county issue or an issue of general topical concern;” Following growing concerns from the people of Nairobi City County on the state of the county, and this included concerns from hon. Senators. Many of our Senators who are citizens and residents of Nairobi County have been raising concerns. I promised last week that I would make a statement on a myriad of issues affecting the County of Nairobi, which is a capital city. Nairobi City County is the capital of our country and home to more than ten per cent of the entire population of Kenya; close to 5 million Kenyans call this home. More than 50 per cent of our country’s Gross Domestic Product (GDP) is generated in Nairobi. That means that if Nairobi does not work, then Kenya does not work. Nairobi must work because it is also the economic and diplomatic hub of East Africa. It is the face of the region and the face of Kenya. There has been great concern over its state by residents on a number of issues, namely; the state of political and administrative structures, the state of infrastructure, roads, drainage, street lighting, provision of essential services like water, the state of the environment, garbage collection, security and lawlessness. It is in everyone’s knowledge that the long rains and the flooding that comes with it have exposed a very soft underbelly that our county sits on. Just like many parts of our country, we need to fix it. Mr. Speaker, Sir, we must remain accountable to the millions who voted for us. Our rallying motto during the campaigns was to fix Nairobi and it is my belief that we still should and can do it. Our drainage systems and road infrastructure are a mess and need fixing as a matter of urgency. We have witnessed the destruction of property and impassable roads when it rains and floods. It breaks my heart as I go to work every morning when I see school going children and women struggling to cross roads on “mikokoteni” and people’s backs, just as they try to get to their schools and places of work. We have also witnessed children getting stuck on their way home, ending up getting home even at midnight. We have had to evacuate entire schools, for instance Embakasi Girls, where students were marooned because of the damage. 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. Senator, you have about two minutes remaining and so you need to finalize.
I am winding up, Mr. 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
.: First, Mr. Speaker, Sir, I thank Sen. Sakaja for his statement about the status of Nairobi County. As we speak, Nairobi has lost its status because of the mess we have. Secondly, the mess in Nairobi is not the mess of Sen. Sakaja. We, as the Senate under Article 96, must take charge and make sure that this city is running like any other county. We have that obligation, and it is not Sen. Sakaja’s alone. We work in unison and we work as a collegiate. Therefore, the Committee on Devolved Government and Intergovernmental Relations and the Committee on Finance and Budget must intervene. Sen. Sakaja, on the question of a special audit under Article 229, if you notify the Committee on Finance and Budget, we can request for a special audit. There is nothing more required. Lastly, Mr. Deputy Speaker, Sir, Section 6(6)(5) of the Urban Areas and Cities Act states that:- “Subject to Section 2, the two levels of Government shall enter into an agreement regarding the performance of functions and delivery of services by the capital city.” I want to underline the words ‘shall enter’. I witnessed the statement made by His Excellency the President about the hiring of youth to collect garbage in Nairobi. Sen. Sakaja, the law requires that there shall be an agreement in the city, between the national Government and the county government. This is a city where there are offices of diplomatic missions. We want to see the agreement between President Uhuru Kenyatta 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 information, Mr. Speaker, Sir.
What is your point of information, Sen. Sakaja?
Mr. Speaker, Sir, I want to inform my good friend Sen.Mutula Kilonzo Jnr., that the reason we are saying the issue of appointment of the deputy governor must be taken seriously is because some have misconstrued that I do not want to support the appointment of Mr. Miguna Miguna. Anyone can be appointed but the manner in which it has been done, even Mr. Miguna Miguna himself has written to say that it is a malicious distraction. This is not a county for sideshows. This is the most serious part of the East and Central Africa Region. I, therefore, want to inform Sen.Mutula Kilonzo Jnr. that as much as that has been said, I even posted on my Facebook and Twitter accounts saying that it will not happen. Mr. Miguna Miguna himself has not been consulted and he has said that it is a malicious distraction. Nairobi deserves better than malicious distraction.
Thank you, Mr. Speaker, Sir, for giving me a chance to add my voice to the Statement that has been raised by the ‘super’ Senator of Nairobi County, who is our host. The state of Nairobi is a sad situation because the city not only hosts the Parliament of Kenya, but also big national and international institutions. In any budget that has passed through this House, we have always seen Nairobi County getting the biggest share of revenue allocation. Nairobi County also has very big private institutions. It already has existing infrastructure, for example, tarmac roads. Therefore, the Nairobi County Executive and Assembly need to be serious in delivering services for Kenyans. Nairobi already has everything; we only want it to be clean and orderly. Apart from the issue of shortage of water, Nairobi has a lot of the infrastructure. Many of our other counties do not have tarmac roads. However, Nairobi County has tarmac roads, national schools, the Kenyatta The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, Mr. Speaker, Sir. I also add my voice to support the Senator for Nairobi City County. In particular, he has talked about dry taps in Nairobi City. I happen to have been one of the pioneer commercial directors of the Nairobi City Water and Sewerage Company (NCWSC). It is an area that Sen. Sakaja would need to dig deeper. As we know, for the last one year or so, the NCWSC been without a board of directors. At the same time, we also know that there are talks of privatising the company. I am privy to information that even the World Bank (WB) is pushing for privatisation. I do not know whether it is deliberate that it is being sabotaged so that it can be privatised. So, when the Senator for Nairobi City County is dealing with the issues of Nairobi City County, he should also let us check out on how that company is performing so that we can start getting water.
Let us hear from Sen. Kinyua.
Thank you, Mr. Speaker, Sir. From the onset, I want to support what Sen. Sakaja has brought to this House. As the Chairperson of the Committee on Devolution and Intergovernmental Relations, I want to assure him that I will take seriously what he has said. I will invite the Cabinet Secretary (CS) involved so that he can shed more light. I want to be very honest that we are not getting water and when one does, it is very expensive. I am finding milk a bit cheaper than water. Therefore, in the near future, I am wondering whether I will be showering with water or milk.
Thank you, hon. Senators who have contributed to Sen. Sakaja Statement. I now call upon the Senate Majority Leader to make a statement. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 29TH MAY, 2018
Thank you, Mr. Speaker, Sir. This is the statement from the Office of the Senate Majority Leader on the business of the Senate for the week commencing 29th May, 2018, pursuant to Standing Order No. 46(2)(c). I hereby present to the Senate, the business of the House for the week commencing Tuesday 29th May, 2018. Hon. Senators, today I will be moving a Motion for the Senate to adjourn for one week in order to afford hon. Senators the opportunity to attend and participate in the Annual Legislative Summit scheduled to take place from 20th May - 25th May 2018 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
.: On a point of order, Mr. Speaker, Sir.
What is your intervention?
Mr. Speaker, Sir, on the Statement raised by Sen. Sakaja on Standing Order No. 46(2)(a) - “A matter of general topical concern” - I am not quite certain whether that statement was supposed to be noted without any action. I would propose that you offer some direction. It would look weird that Sen. Sakaja can come to the Floor of the House, issue a statement, we thump our feet and that is the end of the matter without any point of action. Am I in order to propose that you offer some direction to at least two Committees to quickly summon whoever they need to so that we can tell Kenyans the true status on the health of Nairobi City County?
Hon. Senator you are quite in order. Given the serious issues raised by hon. Members, I direct that the matter be forwarded to 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. This is a matter for the Senate Committee on Devolution and Intergovernmental Relations and also the Senate Committee on Financeand Budget.
The two committees can handle the matter and bring a report within seven days. Before we go to the next order, using my discretional powers under Standing Order No.40(2), I invite the Chairperson of the Senate Committee on Finance and Budget to lay some report which had delayed being brought to the House.
Mr. Speaker, Sir, I beg to lay the report of the Standing Committee on Finance and Budget on the County Wards Development Equalization Fund Bill (Senate Bills No.5 of 2018), on the table of the Senate, today 17th May, 2018.
Hon. Senators, I notice we will be in Mombasa for one week. I therefore, add the Committees one extra week. So they will bring the report within two weeks. I think that should be adequate. Next Order.
We will defer that to another time as we go to the next order.
On a point of order, Mr. 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
What is your intervention?
Mr. Speaker, Sir, although this should have been done by the Chair, however, in my capacity as the Senate Minority Whip, we are trying to whip as many Members as possible. I request if you could stand down this Order for another few minutes as we try and get the numbers. The Senate Committee on Finance and Budget had instructed the whips to ensure that we vote today.
That is why I directed that it be deferred to another time today. Next Order.
I notice that the Mover is not here. So, we go to the next order.
Proceed, Chairperson of the Committee on Labour and Social Welfare.
Mr. Speaker, Sir, I ask for your indulgence to defer it to next week because we are still finalizing the report that is yet to be tabled. The report will inform Senators better because it is a very sticky issue on retirement benefits for workers in counties.
Since next week we shall be away, we will push it to two weeks from today.
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
Mr. Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Orders 29(4) and 54 (b), the Senate resolves to alter its Calendar (Regular Sessions), adopted on Tuesday, 20th February, 2018, in respect of the Second Part, to proceed on a Recess from Friday, 18th to Monday, 28th May, 2018, to afford Senators an opportunity to participate in the Third Annual Legislative Summit scheduled to be held from 20th to 25th May, 2018, and to resume its sittings on Tuesday, 29th May, 2018. This function is important for this Senate. We have had this programme in the last Parliament. We are adjourning the House because we have to interact with the county assemblies since they are our core partners in the devolution process. Of course, there are issues that we cannot address in the House, regarding our relationship and partnership, but this forum will give us an opportunity to interact one on one with the county assemblies and iron out the issues in terms of oversight at their level and our level. Again, it is important for us to have this forum where we can share with the county assemblies how they should carry out their mandate in oversighting the county government functions. We have also tried severally, as the Senate, to build capacity of the county assemblies and the secretariat at that level. It is important for us to understand whether the interaction and capacity building that we are carrying out has impacted on their performance. One of the Committees of the Senate last week had an interaction with the county assembly, especially public accounts committees of all county assemblies in the country. The Chair has just come in. This is also an opportunity we can use to interact with those committees of relevant assemblies so that they can perform their mandates at the county level. Some of the assemblies’ members are very new. In the last House, we tried as Committees, to bring to Nairobi or even visit them at the grassroots. We made efforts to build the capacity of those relevant committees so that they are able to deliver on their mandate. We do not know how much that has impacted on their performance. This one-on-one interaction between us and county assemblies will iron out the issues or gaps to make sure that we have corrected the situation in terms of how they are supposed to operate. Mr. Speaker, Sir, I urge Members to take this forum very seriously because it is interactive. At the end of the day, as Senators, we have a mandate to ensure that those counties are operating properly. Members of County Assemblies (MCAs) are our younger brothers and sisters on the ground who make sure that whatever we have done at the national level has been implemented at the county level. The last forum was impressive. We had very many interested partners who participated and gave speeches on what devolution is all about and what county assemblies are required to do. I believe we must have learnt something from the last 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 to second the Motion to adjourn the Senate for a week to enable Senators attend the Legislative Summit. I need not belabour the reasons to do so. There are three fundamental issues that will come into play at the Legislative Summit. First, we are adjourning at a time when there is a Bill in the Senate on the Ward Equalisation Fund. A report has been tabled. It is important that this Senate, together with the Committee on Finance and Budget discuss in detail this issue so that by the time we are deliberating and voting on the Bill, the clamour for this fund is well understood from that perspective. We will inform them on the interactions we have had with the various Government agencies regarding the shortfalls and others about this. We will also try and advice, in advance, of what we think as a Senate, is a correct way of ensuring that there is true devolution of resources. Secondly, we have now passed what is called the Kenya Devolution Support Programme (KDSP) which seeks to support county Governments on capacity building. This KDSP is supposed to capacitate executives only. It would be a good opportunity to listen to the county assemblies to know whether they have managed to interact with the county governments in terms of capacity building. This morning, during the public hearing on Disaster Management Bill, Governor Amason Kingi informed the Senate committee that although they had passed their own Disaster Management Act, which requires that there is coordination in the county, there has been no coordination to the extent that when some of the county commissioners are 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, let me also contribute to this Motion. It is very important that the Senate will adjourn for one week to participate in the Legislative Summit scheduled to take place in Mombasa. It is the first time some of us will be participating and it will give us the opportunity to interact with MCAs of this country. As the Chair of the Committee on Finance and Budget, we had the opportunity to interact with MCAs during the budget-making process. It is important to note that we listened to them and accommodated their views in terms of the ceilings that are put in the budget as far as the recurrent expenditure of the assemblies and the executives is concerned. Whereas the executives can get access to other funding in terms of recurrent expenditures, county assemblies normally do not get that. We found that what the Commission on Revenue Allocation (CRA) proposed was not adequate. As I mentioned, we have further allocated Kshs1.7 billion for recurrent expenditure of the county assemblies taking into account the rents, salary increments 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
Mr. Speaker, Sir, I beg to support the Motion that the House do adjourn for purposes of the Legislative Summit. There are countries that have states or federalism, or what we call devolution. In the United States of America (USA), they have institutionalised the National Conference of State Legislatures (NCSL) which brings together all the 50 plus legislatures. I hope that when we go to Mombasa for the Legislative Summit, we will help the county assemblies to institutionalise the union, so that it is not an annual talking shop but something that has got structures and which other countries can use to benchmark on devolution to understand the Kenyan experience. My brief remark is that this week we had scheduled to have hearings of the County Public Accounts and Investments Committee (CPAIC). Just to inform Members, we have written to counties of Kakamega, Machakos and Uasin Gishu. Their governors were to appear before the Senate as we review the audit reports. We have written to the governors and asked them to appear at a different time to allow Senators to attend the Legislative Summit.
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 very much, Madam Temporary Speaker, for giving me an opportunity to support the Motion to adjourn the House for the purposes of going to Mombasa for the Legislative Summit. This Summit is very important for it is a follow-up on the Devolution Conference that we had in Kakamega. During this Summit, Members of the County Assemblies (MCAs) and Senators are going to interact. I believe so much is going to be brought on board by Senators and MCAs. I know that MCAs already have issues to raise with us and we also have issues to raise with them. It will be an opportunity for the MCAs to know that they are empowered and that they have a role to see to it that devolution works at the counties. The whole country is looking up to them and so are we. We expect them to be transparent and accountable in whatever is happening at the counties. There is money that is disbursed to the counties and it is important for the MCAs to realize that it is their mandate to ensure that those monies are used very well and not misappropriated. During the devolution Conference, it came out very clearly that devolution is the key thing and for it to work, MCAs must be on board to ensure that the Big Four Agenda is achieved in the counties. We are relying on them to ensure that money that is disbursed for health and housing is used appropriately. If MCAs take up their responsibilities, it will be easier for us to do oversight. I also know that MCAs have their own issues that they would like to bring to the Summit. We interacted with some of them from Bungoma County and they said that they were wondering if they are also pensionable after their two terms. This will be a good forum for things to come out clearly and for them to be informed about the benevolent fund and what they are supposed to set up. At the end of the Summit, they will know that they have to be impartial and not compromised by governors. They should play their role independently and diligently for we are looking up to them in making devolution work and it has to start with MCAs. I support the Motion that we adjourn the House for the purpose of going for this Summit which will take us miles ahead with regard to devolution. Devolution is very important for the people of this Republic because it ensures that services are delivered to
and our commitment is to ensure that this time round, we deliver. The President has reminded us that we have to be committed to serving the people of this country. He also reminded us to be serious with our work and this Summit is going 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. The Senators here are surprised at the length of my name. I want to support the Motion for adjournment that the Senate can alter its calendar and to proceed on a recess from Friday, to participate in the Third Annual Legislative Summit. I have spoken to a number of MCAs from across the country and they are looking forward to this Legislative Summit. As my colleagues said, there is need for us to embed and institutionalize the Legislative Summit and the interactions of the Senate with the assemblies at the county level. In many assemblies, you will find that they have not been given the capacity and because of the interventions by their governors, the oversight role is not being played, yet the caliber and quality of our MCAs has gone up in most of our county assemblies. We have doctors, engineers and lawyers who are MCAs. The county assembly is the first port or station of accountability of the county government or the executive. Most of us forget that the county government, according to the Constitution, is the county executive and the county assembly, but the county assemblies see themselves as an appendage of the executive, as if they are subservient. Many times, you find that they end up pandering to the whims of a governor as opposed to the needs of their people. We need to strengthen the county assemblies for without that, we cannot strengthen devolution. Devolution as was said earlier today during the kamukunji with the Commission on Revenue Allocation (CRA), is based on subsidiarity and the more you can do at the lowest level possible, the better for devolution. When services offered at the lowest level are compatible with the benefit, then the leaders should be equipped at that stage. As a Senate, we need to consider the Ward Development Fund (WDF) as we go to interact with the MCAs. I do not understand why anybody would resist the creation of such a fund if we can accept the existence of the Constituencies Development Fund (CDF). When it comes to separation of powers, the fund is administered by the county executive; that ensures that projects are identified by the community at the ward level. Most of the devolved functions will then be implemented through the executive, of course, not through the MCA for we will not give them money, but it is good for our people and for the country. There are certain counties where the governors will only concentrate on the areas that gave them votes or where their clans are, in the counties that have deep divisions of clans. This is because they know that it does not matter what they do for the other clans, for they will still not be voted in. The Ward Development Fund makes sure that every single part of a county has some development going on. Was the law made for man or was man made for the law? If there is a problem with the law such that it is preventing development that is coming from the county allocation to reach the people, then provide the law for it in a manner that you can have these specific functions to avoid duplication. What CDF does is different from what the governor does for it is a national government function. The Ward Development 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
On a point of order, Madam Temporary Speaker. My thing is not working.
Madam Temporary Speaker, it is a gadget. I did not want to interrupt my brother and the Chairperson of the KYPA, Sen. Arthur Johnson Sakaja. However, having listened to him very carefully, I was hoping that he would correct his misdemeanour on this Floor. Sen. Sakaja has been telling the Senate to go and empower the county assemblies to do their work. Is he in order to say those words, yet just today, in the duty that should be done by the county assemblies with regard to the nomination of a deputy governor for Nairobi, he has already decided that Dr. Miguna Miguna shall not be the deputy governor for Nairobi County? Is he in order to tell us to strengthen county assemblies when he has already taken a position that county assemblies should be taking on the matter of the deputy governor for Nairobi County?
Madam Temporary Speaker, I was clear earlier on that matter. Dr. Miguna Miguna is a great man. I have said it on this Floor that I hold the opinion that he is a Kenyan when I responded to a Statement once. What I will repeat is that Dr. Miguna will not become the deputy governor of Nairobi County because I know that his nomination is not serious. In fact, he said it today that it is malicious distraction. That is why I asked the Governor of Nairobi County to be serious about the nomination of a deputy. I cannot nominate Sen. M. Kajwang’ to be my deputy when I have not spoken to him, dealt with the issues that he is going through or even known where he is. Let us be serious. Nairobi is a serious county and Dr. Miguna Miguna has the capability and capacity to be the deputy governor. However, if he has said that his nomination is a malicious distraction, Nairobi County does not deserve that. Dr. 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 Bi. Spika wa Muda kwa kunipa fursa hii. Nasimama kuunga mkono Hoja hii ya kusitisha vikao vyetu ili twende kuhudhuria kongamano ambalo ni muhimu sana. Hata hivyo, kuna mambo tata ambayo yanajitokeza kuhusu vile serikali gatuzi zinafanya kazi zao. Hivi leo Gavana wa Nairobi, Gov. Mike Sonko, amependekeza kumteuwa Bw. Miguna Miguna ambaye amesema: “I am not boarding.” Kwa hivyo, jambo hilo limetupiliwa mbali. Inaonekana tulikosea mahali. Kuna magavana ambao wamejitokeza tayari kama mashabiki wazuri wa maendeleo. Kwa mfano, kuna Gov. Oparanya ambaye tulipokuwa katika kongamano la ugatuzi, tuliona maendeleo ambayo amefanya. Vile vile, Gov. (Prof.) Kivutha Kibwana amewapa watu wake afya huru kulingana na zile Ajenda Nne kuu za Serikali. Gov. Chepkwony pia hajawachwa nyuma katika maendeleo. Swala kuu ambalo tutapeleleza ni kwamba hulka ya yule ambaye anachaguliwa kuwa gavana wa kaunti ni muhimu sana kwa maendeleo ya kaunti hiyo na nchi yetu ya Kenya. Bi. Spika wa Muda, nashukuru kwamba Sen. Sakaja amesema kwamba kiwango cha utendakazi cha MCAs ambao walichaguliwa kimeongezeka sana. Leo tulikuwa na kikao na wawakilishi wa bunge la Kaunti ya Bungoma na wametuonyesha dhahiri shairi kwamba wanaelewa mambo ambayo wanafaa kuyazungumzia katika kamati husika. Ningependa kuzungumzia mambo au ajenda ya watu wenye ulemavu. Naliwakilisha kundi hili pamoja na dada yangu, Sen. (Dr.) Musuruve. Serikali gatuzi bado hazijatilia maanani vipengele vya sheria na sera ambazo zipo katika kiwango cha kitaifa kuhakikisha kwamba pia wanawahudumia watu wenye ulemavu katika kaunti zao. Ndiposa tutakuwa na kikao na wabunge wa serikali gatuzi siku ya Jumapili ili tuweze kuendeleza nadharia zetu na malumbano ambayo tulikuwa nayo katika hoteli ya Safari Park wiki iliyopita. Ni muhimu sana kuwa na agenda fika ya watu wenye ulemavu. Hususan, lazima kuwe na sheria kuhusu watu wenye ulemavu katika kila kaunti. Nampongeza Mhe. Abuka ambaye anatuwakilisha katika Kaunti ya Nairobi na vile vile Mhe. Carol Agwanda na vile vile mwakilishi wetu katika Kaunti ya Homa Bay. Hata hivyo, tungependa kuona kila serikali gatuzi ikipeana nafasi kwa wabunge wao wa kaunti kupitisha sheria kuhusu watu wenye ulemavu na vile vile bajeti ambazo zitawezesha miradi ya maendeleo kutekelezwa na mawiziri husika katika kaunti. Ni idadi ipi ya watu walemavu ambao wameajiriwa na serikali hizi? Kipengele cha 54(2) cha Katiba kinasema asilimia tano ya watu wote ambao wako katika nyadhifa za uongozi ama uteuzi wawe ni watu wenye ulimavu. Jambo hili halijawahi kutendeka. Hii warsha ni muhimu sana. Kuna maswala ambayo tutauliza kama watu wa Kaunti ya Kiambu. Kwa mfano, kwa nini serikali hii imetengewa kiasi cha chini cha pesa ikilinganishwa na mwaka uliopita? Pia tutaangazia swala la mvutano kati ya Wabunge wa Kaunti (MCAs) na magavana wao. Warsha hii itatupa nafasi kama Maseneta ya kuelewa sheria ambazo tunaweza kupitisha ili kuthibiti mfumo wa ugatuzi. Ni jukumu la Seneti kutunga sheria ambazo zitawezesha serikali za ugatuzi kuyafikia malengo yao. Kama vile tunavyosukumana na wenzetu katika Bunge la Kitaifa 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, this afternoon, I would like to acknowledge the presence, in the Public Gallery, of visiting students and teachers from Moi Primary School, Kabarak; Nakuru 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 on my own behalf, I wish them a fruitful visit.
Thank you, Madam Temporary Speaker for giving me this opportunity to also support the Motion of Adjournment and to welcome the pupils from Kabarak Primary School to the Senate this afternoon. This is a school that has been doing very well. On behalf of my fellow Senator and neighbour, Sen. Gideon Moi, I welcome them. I would like to inform them that one of their teachers was my brilliant student in Moi University. I support this Motion of Adjournment on the following grounds. One, it is time for all of us to interact with our Members of County Assemblies (MCAs).
On a point of order, Madam Temporary Speaker.
What is your point of order, Sen. Sakaja?
Madam Temporary Speaker, I hate to interrupt my good friend, the distinguished Senator for Bomet. I have heard him offering a hand of welcome to the students on behalf of the Senator for Baringo. As I understand it, this school is in Nakuru County. Should it be on behalf of Senator for Baringo County or Sen. Kihika? Could he kindly explain why he is offering unwarranted invitations from Sen. Moi?
Madam Temporary Speaker, Sen. Moi is associated with the school. As the Chairman of the Committee on Education, I welcome you on behalf of Sen. Susan Kihika, the Senator for Nakuru. I thank my friend, Sen. Sakaja, for that correction. As I said, I support the Motion of Adjournment because we need to interact with MCAs. MCAs are the people on the ground who understand a lot of challenges facing devolution. We need to identify gaps in legislation which are making our counties not to fulfil their mandate to our people. Our interaction with them will enable us to effectively The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, Madam Temporary Speaker for giving this opportunity to also support this Motion of Adjournment. This Motion would not have come at a better time because, from our last engagements with county assemblies, it begged for more time with them. When we had the Kenya Inter-county Sports Association and Cultural Association (KIKOSCA) games in Machakos we were wearing our T-shirts printed The Senate. At several points, we were asked which Senate it was. I was taken aback because I only know of one Senate in this country. I wondered whether this meant that our MCAs do not appreciate the Senate. This calls for more engagements and a need to interact more with the MCAs. We had side meetings alongside the games. As we were playing, they would raise concerns. We had staff from Kiambu County who called us by the side to tell us that they have a problem. Instead of us playing, we were handling issues affecting county assemblies. They said that they are being discriminated upon. They said that they used to be ward administrators, but now they did not have any duty to perform. We advised them to concentrate on games, we will take the matter to another level and follow up through other channels. That showed that we needed more room to engage with MCAs in terms of what they were going through. We even made contacts during those games and the other day when we went as the Senate Committee on Delegated Legislation to Trans Nzoia, West Pokot, Bungoma 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 hear from Sen. Omanga.
Thank you, Madam Temporary Speaker. I beg to support the adjournment Motion to attend the Annual Legislation Summit in Mombasa. It will be a great opportunity for us to engage the county assemblies on legislation and oversight. We know very well that our county assemblies are the backbone of devolution. They are on the first lane on oversight before it comes to the Senate. Two weeks ago, the Senate Committee on Delegated Legislation travelled to some of the counties. We realised we have many challenges there. Most of the county assemblies told us that they wanted to build capacity for county assemblies and the executives. These are amongst the so many challenges that we need to go and talk about in this Summit. I wish my colleague, Sen. Mutula Kilonzo Jnr. was here, because Nairobi City County is a casualty of these challenges. He said that Nairobi County should not have been graded. It is so unfortunate because my brother, Sen. Mutula Kilonzo Jnr., was the head of the “National Resistance Brigade” which delayed the business of this House. By doing so, we were not able to give counties money---
Hon. Senator, let us commit---.
On a point of order, Madam Temporary Speaker.
Order. What is your point of order?
Madam Temporary Speaker, I do not think we have anything by the name of “National Resistance Brigade”. I want to inform my sister that we never had something like that which disrupted the business of this House. It is a right to participate or not. What disrupted the business of this House - if at all - was our own resistance movement which was called the National Resistance Movement and not “National Resistance Brigade”.
Thank you, Sister Sen. Pareno. Yes, the movement decided to disrupt the business of the House. We were not able to form the Committees on time and to give the counties money on time. As you know, we had to repeat our presidential elections. This means that the political environment interfered greatly with service delivery in Nairobi City County. Our governor being a first-time governor, there are those baby steps which we have to accept. There are cartels. Rumour has it that ghost workers are almost 30 per cent - He had to deal with all these. It has been unfortunate that mother nature has not been fair to Nairobi. The rains we are experiencing in Nairobi City County have not been experienced for the last six or seven years. Even if the governor tries to make the roads, the rains are sweeping away everything.
What is your point of 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
Madam Temporary Speaker, is the Senator in order to discuss a matter that has been discussed and closed? We have since moved to the Motion on adjournment. She seems to be discussing Sen. Sakaja’s statement on Nairobi. We are discussing a Motion of adjournment of this House. Is she in order?
Senator, please stick to the Motion at hand.
Madam Temporary Speaker, I am discussing the challenges facing devolution and our counties. I am giving an example of Nairobi County and the challenges which we will discuss in the Legislative Summit in Mombasa.
What is your point of order, Senator?
Madam Temporary Speaker, it is a point of information.
Sen. Omanga, do you need any information?
Madam Temporary Speaker, it is okay. She is my senior. I oblige.
Madam Temporary Speaker, I would like to inform the House that normally regarding Motion of adjournment, you can address everything because it is a Motion of adjournment that my sister is addressing. So, she is in order. It is not my job to say she is in order but it was a point of information.
Thank you, Senator. Sen. Omanga, please continue.
Thank you, my political mother, Sen. Beth Mugo. She is one of my mentors. I used to admire her when I was in High School. I was a small girl when she was a Member of Parliament (MP). I said that one day, I would get there. Today, we are together in the Senate. Thank you, Sen. Beth. Madam Temporary Speaker, we have a challenge of garbage in Nairobi. We have to cultivate a culture of individual responsibility. When we go to European countries, you do not see people just throwing things out of car windows. In Nairobi, everyone is smoking around and littering. We have bylaws. They need to be enforced. We have so many other challenges facing devolution. That is why I would ask some of our colleague Senators, because the Senate is supposed to defend devolution, we are supposed to give our governors time. They have been in office for only six or eight months. Let us give them one year. They should start their financial year and then we can judge them based on that. Madam Temporary Speaker, we will talk more at the Summit. With those remarks, I beg to support.
Asante, Bi Spika wa Muda, kwa kunipa fursa hii kuchangia mjadala wa kuahirishwa kwa Bunge la Seneti ili tuhudhurie Legislative Summit mjini Mombasa katika Kaunti ya Mombasa. Kama Seneta wa jiji la Mombasa, Kaunti ya Mombasa, nachukua fursa hii kwanza kuwakaribisha nyote katika mji wa Mombasa wakati wa
What is your point of order, Sen. Omanga?
Madam Temporary Speaker, it is a point of information.
Senator, do you need any information?
Not at all, Madam Temporary Speaker.
Bi Spika wa Muda, ni lazima tuweze kuzisaidia hizi bunge za kaunti ili wale Wabunge waweze kuchukua majukumu yao kikamilifu; ya kuweza kuangalia raslimali zinazokwenda kule zinafuatiliwa kikamilifu. Tumeona kwamba katika kaunti nyingi Wabunge wale wako tayari kusafiri nje ama safari zingine katika Jamhuri lakini kukaa ndani na kuweza kuuliza maswali magumu yale ambayo yatakikana kuulizwa inakuwa changamoto. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Madam Temporary Speaker, I thank you for spotting me. I have been waiting for a while. I take this opportunity once again to support this adjournment to enable hon. Senators to fully participate in the oncoming Legislative Summit in Mombasa. A lot has been said this afternoon, regarding the happenings or shortcomings at the county levels, but one thing we have forgotten is that what we are fighting is a common enemy known as governors. If I was to do a book, I would do one entitled, “ TheAnatomy and Arrogance of Governors in Kenya .” if these governors were really reasonable, our work would be very easy. When the Kenya Constitution, 2010, was promulgated, one of the things that Kenyans did not realise was that whereas we have the institution of the president which is from the English tradition, the so called governors are demi-gods. They are demi-gods because of the colossal sums of money in their perks but they do not know that it is the Senate that fights for them to get the money. At times, when we go to the county, people wonder what we Senators are doing. They give examples of roads and other projects that have been done by governors but they do not understand what we do. That is why civic education is of paramount importance. A lot of money needs to be set aside for counties where civic education has not been conducted. That is the panacea to that problem. I want to dissect deeper the character of governors in the Republic. With due respect Governor (Prof.) Kivutha Kibwana who is meek and contrite for his acts and who---
Point of order!
On what Standing Order?
This is the first time you are asking about what Standing Order but on relevance.
Is the Member in order to digress to an irrelevant subject of anatomy of governors? We are discussing about the Legislative Summit and not the Council of Governors (CoG).
Senator, try to be within the topic.
I am not an orbiter and I am not off the curve. At the opening of my remarks, I said that if governors were reasonable in this country, our work would be very easy. I hope he is not sleeping there.
On a point of order, Madam Temporary Speaker. Is the Senator for Machakos in order to impute and imply that the Senator for West Pokot, Samuel Poghisio, who has been a Member in this House for a long time; a Member of the Cabinet and a man widely educated particularly in Uganda, is sleeping in this House? Is he in order to impute improper motives on Sen. Poghisio? 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
Senator, please correct yourself.
I am sorry if I have offended my brother Sen. Poghisio. I withdraw and apologise to that extent but not what I said about the governors. Let me say two things then I will sit down. I am a Member of the Committee on Finance and Budget and I think the Ward Development Fund has sent shivers down the spine of the governors because according to them, if funds are released to wards, MCAs will duplicate the duties but that is not the point. The point is that the essence of devolution, like everyone has said here, is that resources should devolve down to “Wanjiku” or “Otieno” for that matter. We do not see any conflict whatsoever. Like Members of the Committee on Delegated Legislation have said, we also visited similar areas. One thing MCAs asked is our support and we told them to watch this space. The other thing is that the role of MCAs is primary because we do a complementary role. Those are the people who interact with wananchi at the village levels but they have a challenge of resources. One of the areas we need to assist them in, and more so the committee which I am a Member, is the issue of car grants. MCAs need to be mobile so that they can interact with wananchi at the lowest level. My last point is that we appreciate that a lot of donor monies or funding is channeled to the counties through the executives for capacity building. However, that money should stop being channeled to them and instead to the Senate, so that we do programmes which incorporate the county assemblies for capacity building on oversight matters. I support the Motion for Adjournment. Asante sana.
Thank you Madam Temporary Speaker for giving me a chance to contribute on the Motion for Adjournment of the House to enable Members to attend the Annual Legislative Summit which will be held in Mombasa. I am in support of this Motion because Members of this House need to interact with the county assemblies that are also in charge of devolution. We need to interact with them so that we understand whether there are legislative gaps that need to be addressed in this House, so that we help them to put them in place to ensure that devolution can see the light of the day. County assemblies, being oversight organs of devolution in our counties, need to be supported. There is need for them to understand how to go about their budget-making process so that they, as they make their budgets, look into the functions that are devolved. During our interaction with them, we found that counties allocate money to functions that are supposed to be under the national Government. That is where you get some functions being allocated very little money such that by the end of the year or term, there is no meaningful development that can be seen or felt by the common mwananchi because everything is allocated very little money. My Chair of the Committee on Education has just spoken about education in our counties. The function of education has not been fully devolved to counties but the Early Childhood Development Education (ECDE) centres are underfunded. You will get counties allocating money in terms of bursaries for secondary education and for construction of dining halls and classrooms but they do very little on ECDE. They are supposed to work on ECDE infrastructure by ensuring that there are enough classrooms 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. From the onset, I am standing to support the adjournment Motion because the Legislative Summit is our baby, unlike the Devolution Conference where we were invited guests. We will be dealing with our colleagues in this Summit and will be discussing the issues of representation, oversight and legislation with our partners. We will be dealing more with oversight for it is our duty as Senate to ensure that the money that goes to the counties is properly utilized and used for the intended purpose. The MCAs, being in the day to day running of the county at the local level, are better placed to do oversight such that things that come to the Senate are well probed. We can exchange notes when we are in Mombasa and interact with them as we get to know how to move forward. My colleague, Sen. (Dr.) Kabaka, talked about writing a book and I can assure him that I will be the first person to buy his book. He has one customer.
For the Senate to be successful, we have to make sure that we make the MCAs successful, for in so doing, we will be reducing the workload that comes to the Senate which is not well looked into. I support the Ward Development Fund (WDF) which will 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. Temporary Speaker, Sir, for the opportunity to contribute and support the Motion of Adjournment. I want to congratulate my colleagues who have spoken ahead of me and to also state that it is a great excitement for us to go and participate in this Legislative Summit, for some of us, it is for the first time. As I travel around the country into the counties I get more concerned about our legislative arms of the counties: county legislative assemblies. We stand to make it difficult for devolution to function not until we do something about capacity building in those houses. It is anticipated that the work that we do here, at the national level, is corresponding directly to the work that the MCAs do at the county level yet when you look at it; given the nature of a Kenyan voter, the turnover of MCAs in the last elections was extremely harsh. It so happens that in some counties, the entire lot were kicked out by wananchi and a brand new lot came in, yet the brand new lot is expected to pick up immediately in appropriating funds and do all the things that we do here. We need to start thinking about the capacity in those houses by interacting with them. I want us to be more outgoing as a Senate and to visit more counties. In the recent visit that we took to West Pokot, Trans Nzoia, Bungoma and Busia, we said that we need to make more visits so as to help those counties. During the Legislative Summit, we will meet speakers of the county assemblies and MCAs who are our colleagues. I want to ask us to be prepared to make great contact with the MCAs from various counties and to associate ourselves with their challenges so as to impart knowledge and wisdom to each other. The Bible talks of iron sharpening iron, or a Senator sharpening an MCA and vice versa. We should spend time learning about the role of the legislature. Many times we find that the legislature is not given the place that it is supposed to be given even nationally, so we must go there and find the support that we can get. We have to make sure that the people in the executive, both here and at that level, understand the roles of that the legislative arms of government play. We have to stand tall and firm so as not to be used in any way. I want to challenge our executive to know that it is a very important arm. The laws that we make should be laws that are strong and made by people who understand what they are doing. More money should be put in the hands of the county assemblies. There should be more money for training, benchmarking, even locally if the international ones are expensive for them to understand what they are supposed to do. Let us allocate more money for training and benchmarking, at least, even locally, if the international ones are a bit expensive. This will ensure that they understand what they are supposed to do. For example, in the case of our Committee on Delegated Legislation, we are supposed to look at gazetted items, regulations made and so on. We are supposed to approve those regulations; pass or annul them. If the capacity to read through, understand and pass those regulations is wanting, regulations that will endanger other processes will end up passing. As we have discovered, we need to be strongly supported financially, so that the capacity of the counties is strengthened. 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. Temporary Speaker, Sir, I would also like add my voice to this Motion for Adjournment to attend the Legislative Summit in Mombasa. First and foremost, this is a very important summit. The way I understand it in my previous work, a summit is held, when everything else is said and done, to make far-reaching decisions and not ad hoc deliberations. It is deliberations that will lead to substantive decisions that will guide the agenda and the legislation of both the county assemblies and the Senate sittings. It is important that we interact at this level with the county legislators, who have a mandate through the Constitution. Sometimes that mandate is not very well understood. What I have noticed from a distance is that some of them are manipulated to arrive at a decision that is only beneficial to the occupant of that seat in that county. We must break them away from this tradition, so that they make long lasting decisions that will stand the test of time as the devolution process continues. Mr. Temporary Speaker, Sir, the Legislative Summit is aimed at giving recognition that the county assembly, as it stands in our Constitution, is an important organ. Therefore, it is a recognition that is important and gives it a level of permanency; that they are the people of the moment when it comes to legislation on county affairs. They are also involved in the passing of certain legislations that are sometimes in conflict with the national legislation. That is an area where we can do internal audit amongst ourselves, particularly, on how a Bill is generated and processed until it becomes law. That law should not be sectoral; when compared with other laws, it should be in tandem with the national legislation. It is an important feature that we need to entrench in our Summit. Every other year when we have this summit, we must review where we have come from and where we are going. That is one of the reasons we are having this summit; to give it a level of recognition and permanency. The second reason this Summit is being held is to create conventions; that certain things and norms are done in a particular way. You do not just get out of the ordinary. Once you get out of the ordinary, you are in uncharted territory. You can come up with any decision that may be completely outrageous for that county and would bring a lot of untold miseries for that county. Sadly, one of the things that I noticed in the last few days is the state of preparedness in the management of disasters. The counties stand totally helpless; they do The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate
Thank you, hon. Senators. I confirm that there are no more requests. I, therefore, call upon the Mover, the Senate Deputy Majority Leader, Sen. Fatuma Dullo, to reply.
Thank you, Mr. Temporary Speaker, Sir. I wish to reply to the Motion. First, I take this opportunity to thank those that have contributed to this Motion. I believed that it is has been stressed by each and every Member that this Summit is quite useful for engagements between the Senate and the county assemblies. Mr. Temporary Speaker, Sir, many Members are really concerned about the ward development fund. This forum that we will engage with them will make us understand better why they need this particular fund so that when we come back to the House, we can deal with it from an informed point of view. Mr. Temporary Speaker, Sir, we are prepared in terms of engagements with the county assemblies. The issues of capacity building have been stressed by Members who have gone on the ground. According to the programme, the first day is on sector engagement, especially the women forum. I hope that our sisters in the House will attend that forum so that we can assist the county assemblies’ women representatives so that they are able to understand why they are in those assemblies. Without further additional information, I beg to reply.
Thank you, hon. Senators. I confirm that the Motion does not affect counties. I, therefore, proceed to put the question.
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
Thank you, Mr. Temporary Speaker, Sir, I beg to move the following Motion:- THAT, this House adopts the Report of the Senate Delegation to the Women Political Leaders Annual Global Summit held in Reyjavik, Iceland from 28th -30th `November, 2017, laid on the Table of the House on Wednesday, 14th February, 2018.
Mr. Temporary Speaker, Sir, the women political leaders believe that progress happens by convening women who have the drive and interest to create positive change. This Summit brings together different communities among them women in Parliament, women European leaders, women Government leaders and women mayors internationally. The Summit attracted over 400 women from countries across the globe. The Summit took the form of plenary and policy sessions. There was a lot to learn from this Summit. Notable among these---
Order, Sen. (Dr.) Milgo. There is a correction. You have 17 minutes for you to conclude moving the Motion and not 57 minutes as earlier communicated. Proceed.
Thank you, Mr. Temporary Speaker, Sir. I am advised. I hope I will find where I had stopped. However, I was saying that there was a lot to learn. Notable among these was the United Nations (UN) Sustainable Goals in particular Goal No.5: Gender Equality and Empowerment of Women and Girls. I wish to state here that despite parts of the world achieving progress in gender parity, women and girls continue to suffer sexual violence and discrimination. In Kenya, for example, we have forms of violence including discrimination and child marriages which are on the decline, but still present. We also have harmful practices such as Female Genital Mutilation (FGM). Although it was outlawed, we have a section of people who want to bring it on board once again. This issue is still in court. I am calling upon all of us when this issue comes up, it should be thrown out. Women have been affected by FGM because after girls undergo it, they would imagine they are already adults and that is the cause of school dropouts and early pregnancies. It also leads to another challenge in the society; the issue of divorce. Mr. Temporary Speaker, Sir, while the number of women parliamentarians is important, women in leadership positions are still very few. The number of women in Parliament particularly in Kenya has increased steadily over the years. However, more 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. Temporary Speaker, Sir, I thank you for giving me a chance to second the Motion that has been moved by my colleague, Sen. (Dr.) Milgo. From the onset, I congratulate her and the delegation which attended the Summit, and for having compiled a very important report and presented it to this House. I also commend them for putting forward recommendations to us, as a House, so that we can find out how we can implement the Report. I support the Report. I thank all the supporters of this initiative; all international organisations. I also thank KEWOPA and the leadership of Parliament for giving, mostly women, a chance to attend these international summits and conferences so that we can learn. Most of these fora accord women leaders a platform to discuss women empowerment politically, socially and financially. They also give a chance for the women leaders to learn from each other, exchange experiences and learn different legislation that have been passed in different countries which empower women. These fora also give a chance to the women leaders to also follow up on different conventional agreements and summit agreements that will go a long way in helping women to empower other women and our girls. This is a very important Report. As a country, we also need to adopt different legislation and push for the implementation of the existing legislations that will go a long way in enhancing equity in our country. The issue of political parties support for women aspirants also needs to be looked into. It should include mentorship of other women so that they can take up political positions. With those remarks, I beg to second this Motion. 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, Sen. Seneta. I therefore, proceed to propose the question.
Mr. Temporary Speaker, Sir, I rise to support this Motion. I thank the delegation for a job well done. They came back with a good report to the House, at least to tell us what this forum is all about. We are happy to learn that this forum was purposely created to give women in political leadership room to ventilate on the issues that affect them. They went ahead to acknowledge many women leaders around the world and honoured them in a beautiful way. To me, that forum was more of role modeling because important leaders were called and honoured before a congregation of more than 400 participants. They gave their life experiences as leaders and that was a good thing. It was meant to create room for more women to enter into political leadership. Today as I was reading this Report, I came across a quote that; “empowering women is a smart investment and a human rights issue”. It is a smart investment because it will give back. It means that if we invest in women, that is a smart investment because at the end of the day it will give back to society. There is a saying that when you empower a woman, you have empowered the entire society. That is not just a saying but it is real. An example of Rwanda has been given as one of the successful countries in terms of women leadership. In the report, it has been indicated that Rwandan women receive antenatal care for free and because of the free antenatal care, 91 per cent of deliveries are done in health centres and that has contributed to reduction on mortality rate. Rwanda is one of the leading countries in terms of women leadership because 64 per cent of MPs are women. We just need to empower women and take care of their health and we will have a healthy women population and more women in leadership positions. In the forum, it is said that there were testimonials from over 70 heads of states printed and displayed somewhere on a notice board; all of them justifying why we should have more women in leadership. Over 70 heads of states and governments cannot keep displaying and making testimonials to justify why we should have more women if that was wrong in this world. I was a bit disappointed but I am now happy because my seniors are here. Initially when I looked round, I only saw women in this Chamber, except the Chair who definitely is in support of this particular Motion. I was wondering whether we do not hold this debate on women dear to our hearts. Many of our male counterparts are not here but I am happy Sen. Omogeni and our role model in politics, Sen. (Prof.) Ongeri, are here to support the women. Otherwise I was going to say how disappointing this is because a topic that touches on women leadership is on the Floor of this House but only ladies come to support it. We cannot walk alone; it has to be a joint venture. After all, we are the women who give birth to all men and women. So, they should be here to support us. We are not doing well as a country when it comes to women leadership. Even in this Senate, we are 22 out of 67 and that is not so bad but we can do better. We have 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 Sen. Pareno. Sen. Imana Getrude Musuruve.
Thank you, Mr. Temporary Speaker, Sir, for the opportunity to add my voice to this Motion. I am Hon. Sen. (Dr.) Getrude Musuruve Inimah. The Iceland Summit was not a waste of resources. It was good that Kenya was represented in the Summit whose goal was to look at issues of women. It was also a platform for one to see the best political practices in the world concerning women. When you attend such summits, you can borrow one or two things that you can use to help women in your country. I commend the act of awarding the female presidents for it was motivational and inspirational for the women leaders. When one gets an award, it is a reinforcement to repeat what made them get the award. We should borrow a leaf from that by awarding female leaders who have served for so long for it to motivate upcoming leaders. What also came out is that Rwanda is doing very well in terms of women representation. They have a representation of about 64 per cent in Parliament which is commendable and I am sure that Kenya is going to reach there with time. That is also a challenge for us, as parliamentarians, for we need to see how we can implement the two- thirds gender rule because when that is done, women will move a notch higher in political representation. They are not well represented at the moment. The problems that were talked about in Iceland are problems that affect all women. Generally, women go through similar problems globally when it comes to violence and economic under-representation. It was a very good platform for the leaders who went there to see the emerging trends in female political leadership. Most women go through economic constraints that hinder them financially. When it comes to finances, a number of women do not have economic independence and that is why women and their children are rated among the poor. Factors of production such as land, capital and labour, which women do not easily access, are some of the things that bring them down. This is because they do not have title deeds for the matrimonial land that can give them collateral to borrow loans from banks to do a certain project. They can, therefore, not do big projects that will help them to be economically liberal. Land in Africa is patriarchal and you will find that most women do not get that inheritance even when the law is clear that the girl-child should be given inheritance. 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
Mr. Temporary Speaker, Sir, I thought that I was going to be excluded in this debate. I may not be in a position to pontificate the deeper issues of what 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. Temporary Speaker, Sir, I also want to go on record in support of the report of the Senate delegation that went to the Women Political Leaders Annual Global Summit that was held in Iceland from 28th to 30th November, last year. When I was a young attorney in the 1990s, we would represent members of an organisation called the Federation of Women Lawyers (FIDA) and Coalition on Violence Against Women (COVAW), as volunteer attorney. We did so many pro bono cases fighting for the rights of the most marginalized and disadvantaged women in this country. I have a long professional association with issues that deal with women. I urge Sen. (Dr.) Milgo to consider recruiting some hon. Members to some of these delegations so that we can push your cause. I congratulate the deliberations that went on in Iceland and support the adoption of the Motion. Mr. Temporary Speaker, Sir, there is no better time in the history of this country to be a woman. Even if our mothers have ably gone to school and are PhD holders, we have never had the opportunities that women of post-2010 are being accorded. I remember a time not so long ago when there was no single woman judge sitting in the Court of Appeal. However, as I speak today, when I appear to do any pro bono case before the Supreme Court, I have faced two distinguished women. One of them is the Deputy Chief Justice of the Republic of Kenya. Another one is a judge of the Supreme Court. If you appear before the Court of Appeal, you will find that the bench has a number of women. So, we have made good strides. Mr. Temporary Speaker, Sir, this morning in our kamukunji we were addressed by the lady who determines how we share resources in the country. That is one of the most powerful positions one can hold. Imagine that under our leadership, it is her who will determine which county will receive what resources. It is her who will determine whether Nyamira County qualifies to get Equalization Fund or not. It is her, through a professional assessment, who determined that my neighbouring County of Kericho, which I thought had made a lot of development with beautiful tea estates, will get the Equalization Fund. That is how far we have come as a country. That is a statement to our daughters that they have space for leadership in our political and professional spheres. The Controller of Budget, Madam Odhiambo is also a lady. You will never get money disbursed to any county unless you convince her. In my own professional body, the Law Society of Kenya (LSK), the person who can give me my licence to practice law every year is a lady. 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, hon. Senators. There being no other Senator who wants to contribute, I therefore, call upon the Mover to reply.
Thank you, Mr. Temporary Speaker, Sir. I thank all the contributors to this Motion, specifically two great men, our Senators. Thank you for supporting the women. Mr. Temporary Speaker, Sir, one serious problem is legislation. We realise that the Constitution of Kenya, 2010 gave us what we have achieved so far. As Sen. Omogeni said, I was taking stock of what the leadership in this country has done. We are only saying that it should be a continuous process so that we can achieve the gender parity that we are talking about and particularly the two-thirds gender Bill. I am sure it is the law that in this case will propel women. I loved what one speaker mentioned particularly on the issues of women. You realise that radicalisation and drug addiction have come because of the fact that women may not have been around. However, if we would have assigned duties to women, radicalisation and drug abuse would be reduced since women will nurture the children. Finally, we are simply lacking the mindset. The moment we change the mindset to feel that women will also contribute something good, I am sure we will not feel as Sen. (Prof.) Ongeri mentioned that the two-third genders rule was jeopardised by the 1985 Beijing Conference. It was felt that the Conference came with issues of wanting to topple men. I am sure that was just a feeling because nobody wants to topple men. Women are always proud when men are there which is why all married women always love their husbands. In replying to this Motion, I thank all the Senators for the contributions. With these recommendations that we were given from that Forum and whatever we have presented today, I wish something would be given from that Chair so that it can continue propelling the issue of women. We do not want this Report to gather dust in the shelves. I trust that our recommendations will be implemented to enhance some of the activities we are going to do. For example, we were encouraged to set up a committee to follow up on these issues. I wish something can be mentioned on the issue of the Girl2 Leader Initiative. I hope something will be done from the Speaker’s desk to assist us to continue with our mission. 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, the Motion in question does not affect counties. Therefore, I proceed to put the question.
Next order. ESTABLISHMENT OF OFFICES OF THE CAJ AT THE COUNTY LEVEL 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; FURTHER AWARE that the Commission is expected to carry out its mandate in accordance with the values and principles set out in the Constitution and other laws of Kenya; COGNIZANT that the right to access public service and fair administrative actions is critical to delivery of services to the people both at the National and the county levels of government and in other related public institutions; CONCERNED that the Commission has its headquarters in Nairobi with satellite offices in the counties of Mombasa, Kisumu, Isiolo and Uasin Gishu; FURTHER CONCERNED that the absence of the Commission offices in the rest of the Counties has made it difficult for members of the public to report allegations of maladministration, delay, administrative injustice, discourtesy, incompetence, misbehaviour, inefficiency or ineptitude within the public service; 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.) Ongeri, you have 10 minutes to contribute.
Mr. Temporary Speaker, Sir, last time when I stood on this Floor, and in accordance with this Motion, it was quite clear that it derives its spirit and mandate from Article 59(4) of our Constitution. We should put in place a legislation that establishes such offices in one, two, three or four places. The Office of the Ombudsman is only available in some of the four regional centres. The main or national one is in Nairobi. We need to appreciate that when Article 10 of our Constitution, the National Values and Principles of Governance was settled, it had key issues. It was an issue of governance. Every officer whether it is a governor, President, Principal Secretary, Cabinet Secretary or another state officer has to comply with the interpretation of this Constitution. One of the fundamental issues that Article 10(2) provides is the National Values and Principles of Governance, which among others, include patriotism, national unity, sharing and devolution of power. The other section of it talks about human dignity, equity, social justice, inclusiveness, equality and human rights. Then (c) talks about governance and sustainable development. Article 47 of our Constitution talks about fair administrative action. It gives full effect to Article 232 of our Constitution where what is expected is high standards of professional ethics, efficiency, effectiveness, economic use of our resources, involvement of the people in the process of policy making, accountability for administrative acts and equal opportunities for everybody to participate. When these fundamentals of life which deal with the normal general conduct of our business in society are ignored, misused or misapplied, it is the right of every citizen to stand up and voice dissent on these issues. Where do they run to? If they go through the process of litigation, they encounter many problems, for instance, a missing file, the motion has not been properly put before the court and high legal expenses. Therefore, for example, the ordinary poor young person, an elderly person in a village who has a burning issue, somebody who is offended where his or her right or existence in a given area or a boundary has been overshot by somebody with impunity coming with the high and mighty of dealing with these individuals getting rid of them; at that level, you need a voice somewhere which will stand for the rights and privileges of this person. This will allow us to effect the full values as enumerated in Article 10 of our Constitution. This will give full effect as elaborated in Article 232 of our Constitution 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
Proceed, Sen. Pareno.
Senator, take your seat. Let us have Sen. (Dr.) Gertrude Musuruve.
Mr. Temporary Speaker, Sir, I thank you for giving me the opportunity to contribute to this Motion. It is important, especially, for this nation. I support this Motion with a number of reasons. The Office of the Ombudsman, in my view, works as the watchdog for justice and fairness. Sometimes you would want to know how justice was delivered. There are times when justice is perverted. This office being a watchdog, I am looking at its core values. The core values look at issues of fairness. A case in point on the issue of fairness is a situation where someone goes to the office and all of a sudden just realizes that he or she has been laid off. He or she does not have a job anymore. I remember there was a time I was reading a newspaper where a lady was really crying. She was laid off without any notice. She is a mother and has children who go to school. That was very unfair. Sometimes it happens that people lose jobs without any grounds. So the issue of fairness is important especially for workers. At times people’s land is grabbed and that is unfair. One of the core values of the Office of the Ombudsman is to see that there is fairness in everything. If land has been grabbed, the Office of the Ombudsman will try to see that the issue is solved. Another thing that makes me feel that the Office of the Ombudsman is a watchdog of justice and fairness is that it is concerned about accountability. When you talk of accountability, we are looking at a situation where civil servants are in office and they have to account for what they do. When someone occupies a public office, they have 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. Temporary Speaker, Sir, I want to begin my contributions on this very important Motion by urging caution. We all live in this country and we are aware of the debate that is ongoing regarding the use of the tax we collect in terms of what we allocate for development and what goes to support the public wage bill. Already this country is suffering because of a ballooning wage bill which economists are telling us that it poses a great risk to our aspirations for developments in this country. I have read the Motion which is before the House and the initiative by Sen. Were is commendable. However, as leaders, we need to ask ourselves what our priorities are and where we should be channeling our resources to.
Order, Sen. Omogeni, time is up. I will use the Chair’s powers under Standing Order No.31(1) to extend the sitting for 10 more minutes. Proceed Senator.
Thank you, Mr. Temporary Speaker, Sir. We need to take stock. Creating an office of Ombudsman in a county government requires resources. When you allocate resources to running an office of the Ombudsman in a county government, you will be taking away money that could have been used for development in that county. We were here in the morning and I was moved when I heard the report by the CEO of the CRA, that there are places in this country, including Isiolo, where you can get a teacher who has never had access to a mobile handset which we use daily. That we have some parts of this country where it is a dream to talk about clean piped water and that we have places in this country where our women can never dream of getting access to maternity services. We have places in this country where our children can never dream of getting quality education. In this country, we have places where you risk spending days and nights on the roads because of the poor infrastructure of our roads. When we move a Motion in this House saying that we want this important Commission to have presence in all the 47 counties, we should move with caution knowing that we are going to spend more resources that could have been used in provision of services to our people and instead of doing that, we should open regional offices. I am told that the office of the Ombudsman has an office in Mombasa, Kisumu and another region. More importantly, there is debate that is going on within the National Assembly to merge these bodies and there is an agitation which I think that is being spearheaded by the Kenya National Commission on Human Rights (KNCHR). The office of the KNCHR, the Ombudsman and the National Gender and Equality Commission (NGEC)should merge and form one commission. We are doing this initiative because we want to reduce the wage bill that is used by these constitutional commissions. The cry of the Kenyan mwananchi has been - this has been very consistent - that when we enacted this Constitution, we did not do a proper audit of what it will cost the tax man. It has now emerged that they are eating into money that could have been used for development projects in this country. I want to urge my good friend, Sen. Were, to rethink the wording of the Motion so that instead of having these commissions spread in 47 counties, it should probably have presence in the former provincial commissions. We can probably have eight offices because 47 offices will be too costly to the taxman. 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, Sen. Omogeni. The reason the Chair has extended the Sitting for ten minutes is to give the Mover the opportunity to reply. I, therefore, request that you conclude your contribution and give time to the Mover to reply.
Mr. Temporary Speaker, Sir, I am sorry; it is just that issues of human rights are very passionate to me. However, I respect the advice of the Chair. With those observations and my proposed amendments to my good friend, Sen. Were, I beg to support the Motion.
Thank you, hon. Senators. I now call upon the Mover to reply.
Mr. Temporary Speaker, Sir, I beg to reply to this Motion that seeks to establish offices of the Commission of Administrative Justice at the county level. I would also like to thank all the Members who have passionately contributed to this Motion, even those who think we need to amend parts of this Motion, as we proceed to draft a Bill to amend the Commission of Administrative Justice Act. On the issue of lack of resources to decentralize, we cannot put a value or an amount on proper provision of services to wananchi . Proper public service delivery cannot be quantified in terms of value. We were told that we lose a third of the monies that we collect to corruption. If a little of that was used to establish the office of the Commission of Administrative Justice at the county level, even if it is in the regions 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
Thank you, hon. Senators. The Motion in question does not affect counties. I will, therefore, proceed to put the question.
Hon. Senators, it is now time to adjourn the Senate. The Senate, therefore, stands adjourned until Tuesday 29th May, 2018, at 2.30 p.m. The Senate rose at 6.45 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