(Sen. (Prof.) Kindiki): Where is the Senate Majority Leader? He is not present. Where is the Chairperson of the Committee on National Security, Defence and Foreign Relations? He is also not present. Next order.

(Sen. (Prof.) Kindiki): There are no statements, so call out Order No. 4; I think we have one Petition.

(Sen. (Prof.) Kindiki): Hon. Senators, I hereby report that a petition has been submitted through the Clerk of the Senate by the residents of Utheri wa Lari in Mai Mahiu. As you are aware, Article 119(1), the Constitution says:- “Every person has a right to petition Parliament to consider any matter within its authority, including enacting, amending or repealing any legislation.” Hon. Senators, the salient issues raised in the said Petition are as follows:- (1) The work on the Standard Gauge Railway (SGR) has started on Utheri wa Lari land covering six kilometers in length and is currently ongoing in earnest. (2) That the owners of Utheri Wa Lari land support the project as development conscious citizens and deliberately chose not to place any obstacles in the way of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, the reason why many of us do not want to comment at this stage is because we did comment on the same question when it was raised by the same Senator in a Committee a few months ago. This time round, it is in the form of a petition. At that point in time, it was in the form of a statement. Therefore, we had extensively discussed it. Maybe we can just move on.

(Sen. (Prof.) Kindiki): Thank you for the information. Nothing prevents citizens from presenting a petition to the House even if such matter has been raised through other avenues, including Request for Statements by a Senator. However, given the information from the Senate Majority Leader, I see no reason why we should again ventilate. This is because the observations and comments were already made at that point. Hon. Senators, on that basis, pursuant to Standing Order No.226(1), the Petition should be committed to the Standing Committee on Lands, Environment and Natural Resources for its consideration. In this case, I direct that the Petition be committed to the Standing Committee on Lands, Environment and Natural Resources together with the Standing Committee on Roads and Transportation, given the nature of the matter. In terms of the Standing Order No.226(2), the two Committees are required, in not more than 60 days from the time of reading the plea to respond to the petitioners by way of a report addressed to the petitioners and laid on the Table of the Senate. What is it, Sen. Murkomen?

Mr. Deputy Speaker, Sir, I know you are past the Order of Papers. However, before the next Order, I would like to beg for your indulgence to lay a paper that I should have laid earlier although I came in late. 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, the Senate Majority Leader! I am not sure if that is the way to go about it. Indeed, it is not the way to go about it. First and foremost, the Senate waits for no one. That “no one” includes all of us. Secondly, in an instance like this one, it would have been better if you approached the Chair and canvassed it. This is because it is not appropriate to go live on air to announce that you have come in late as the Senate Majority Leader.

I do understand, however, that sometimes exigencies of duty require you to juggle your responsibilities. In future, just approach the Chair and quietly canvass on the matter. Nonetheless, I direct that Order on Papers be called out. There is that paper from the Senate Majority Leader and another paper from one of the Committee Chairpersons. I can also see that the Chairperson of the Standing Committee on National Security, Defence and Foreign Relation has committed the same offence that the Senate Majority Leader has committed. According to him, he is following his leader in digression. So, the Senate Majority Leader, I advise that you lay the paper without even reading because that is permissible.

Mr. Deputy Speaker, Sir, indeed, I was given the same piece of advice that you have a lot of powers and you would have granted me the opportunity to lay the papers. Be it as it may, because we are live as you have said, there is nothing wrong with admitting when you come late. That is expected of all of us who are public servants to admit when we are wrong. Although I might have come five minutes late like the British Assistant Minister--- I do not want to say the time you used to come when you were the Senate Majority Leader.

(Sen. (Prof.) Kindiki): Which Assistant Minister?

Mr. Deputy Speaker, Sir, I have forgotten the name of the British Assistant Minister who came five minutes late to the House of Lords and attempted to resign though the Prime Minister refused.

(Sen. (Prof.) Kindiki): Is that something you want us to consider?

Mr. Deputy Speaker, Sir, what I was trying to say is that there is nothing wrong with public servants, just like him, to admit when they come late. However, the severity of the punishment meted on you must also be proportional to your offence. I did not want to refer to the time in which the former Senate Majority Leader used to come to the House.

(Sen. (Prof.) Kindiki): The former Senate Majority Leader of what House? 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 am referring to the immediate former Senate Majority Leader of this House.

(Sen. (Prof.) Kindiki): Order, the Senate Majority Leader!

Mr. Deputy Speaker, Sir, there is only one former Senate Majority Leader in this House.

(Sen. (Prof.) Kindiki): The Senate Majority Leader, when you come in the circumstances in which you have come into, when your hands are not clean, you do not have the leeway to start venturing into dangerous frolics.

Mr. Deputy Speaker, Sir, Sen. Sakaja said he follows his leader. Therefore, I also follow my leader. Let me now lay the paper.

(Sen. (Prof.) Kindiki): Thank you, the Senate Majority Leader. There is also another paper from the Chairperson of the Standing Committee on National Security, Defence and Foreign Relation.

Thank you, Mr. Deputy Speaker, Sir. I will also follow my leader in this one. In his example of House of Lords, the name of that Assistant Minister was the Rt. Hon. Lord Bates, Ministry of International Development, who chose to resign after coming five minutes late. That is a good standard to uphold, but for us----

(Sen. (Prof.) Kindiki): Why are you not following it?

Mr. Deputy Speaker, Sir, an apology will suffice for now. So, we are very sorry for being a little bit off the mark in terms of time. REPORT ON FACT-FINDING VISIT TO SOLAI FARM, NAKURU COUNTY Mr. Deputy Speaker, Sir, I beg to lay the following paper on the Table of the Senate today, Wednesday, 30th May, 2018:- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order! The Senate Majority Leader, you seem not to be prepared for many things today. It is not just you alone, but also the entire team.

Order, Chief Whip! You had a point of order?

On a point of order, Mr. Speaker, Sir. I also wish to seek your indulgence. I know we have passed on the Order Paper, the notices of Motions which was Order No.6. If you would be agreeable, I wish we would go back to that order so that I bring my Notice of Motion.

(Sen. (Prof.) Kindiki): That validates what I have just said. That, today is not a very efficient day for the Majority side. For clarity, I will repeat what I said to your boss, the leader of majority, which is; Senate waits for no man, and I amend, or woman. Nevertheless, you can proceed and give that Notice of Motion.

Mr. Deputy Speaker, Sir, I will make sure that it does not happen again. Now that you have amended “the Senate waits for no man or woman,” I stand guided. ESTABLISHMENT OF SELECT COMMITTEE ON THE SOLAI DAM TRAGEDY Mr. Deputy Speaker, Sir, I beg to give Notice of Motion on the need to establish a select Committee to investigate the circumstances that led to the Solai Dam Tragedy. AWARE that on Wednesday, 10th May, 2018, Kenyans woke up to the tragic news of the Solai Dam Tragedy following the bursting of the banks of the privately owned Solai Dam the previous night; CONCERNED that as a result of the tragedy, almost 50 people lost their lives, most of them being small school going children in the most unfortunate circumstances and that many more who survived are now hospitalized due to the bodily and psychological injuries inflicted on them; FURTHER concerned that hundreds of families are now homeless with orphans and destitute among them and that majority of the people who had their own habitations whether own homes, rentals or farm quarters, have not been resettled; 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, Chief Whip!

Mr. Deputy Speaker, Sir, sorry. I give notice.

(Sen. (Prof.) Kindiki): You are supposed to keep quiet. Once you finish reading you are supposed to keep quiet. That is the tradition. Okay, Chief Whip, the notice is given.

Thank you, Mr. Deputy Speaker, Sir, if I may respond or do I continue keeping quiet.

(Sen. (Prof.) Kindiki): No. resumes your seat Sen. Kihika. I do not know what happened today to many of us but it is interesting that this is from one side of the House. Senate Majority Leader, in consultation with the whips, keep on checking the numbers because of the Division and advise accordingly. Do you want to say something?

Mr. Deputy Speaker, Sir, we should proceed with the Committee, and then, we put the question at the relevant time so that by the time we are putting the question, the numbers would have been sufficient.

(Sen. (Prof.) Kindiki): Senate Majority Leader, I thought there is a Division on Committee Stage.

Mr. Deputy Speaker, Sir, yes, there is a Division on the Committee Stage. So, we have to do the Committee Stage first.

(Sen. (Prof.) Kindiki): So the Committee has not been---

Prosecuted.

(Sen. (Prof.) Kindiki): okay, that is noted. Hon. Senators, if you look at your Order Paper, for the convenience of the Senate, I will direct that we reorganize one or two items. I direct that we dispense with Order No.12. It is a straight forward matter. I hope there will not be a lot of debate. There is no need for much debate. It is a procedural Motion. After that, we go to the Committee of the Whole. 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 do not intend to take the trophy for late coming from the other side of the House. Tomorrow, I will make sure I am here on time. NOTING OF REPORT OF THE SENATE DELEGATION TO THE INAUGURAL COMMONWEALTH PARLIAMENTARIANS’ FORUM I beg to give notice of the following Motion:- THAT, this House notes the Report of the Senate delegation to the Inaugural Commonwealth Parliamentarians’ Forum held at the Westminster, London, United Kingdom, from 26th February, to 1st March, 2018 laid on the Table of the House on Thursday, 10th May, 2018.

(Sen. (Prof.) Kindiki): I direct further, before we go to Order No.12, we dispense with Order No.8. 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): Next Order!

Sen. Murkomen): Mr. Deputy Speaker, Sir, I beg to move the following Motion:- THAT, pursuant to Standing Orders 178(1) (d) and 183 (3) of the Senate, the Senate approves the appointment of Sen. Cleophas Malalah, MP, as a Member of the Senate Business Committee. This is a very straight forward Motion, Sen. Malalah was recently appointed by the minority side to be the Deputy Minority Leader following the promotion of the then Minority Leader. Sen. Malalah is known to all of us. He is a former Member of County Assembly (MCA) in Kakamega County. As a young man, he qualifies to be in the bracket of the youth of this republic. He has a lot of energy and is a football player of the Bunge Team.

(Sen. (Prof.) Kindiki): Order, Senator! Is football part of the Senate business?

Sen. Murkomen): Yes, Mr. Deputy Speaker, Sir, football and sports is part of the Parliament business in terms of promotion of networks, opening and widening devolution. It is one of the mechanisms that we reach out to as many people as possible in this country, while promoting fitness and sports in the country. For the record, we played with him last time we faced Parliament of Turkey as part of promoting friendship with the People of Turkey and the Republic of Turkey. He is a football player and is very passionate about youth issues in this county. I am glad that in his youth, he got an opportunity to serve in leadership just like some of us did. It is important for him to join the Senate Business Committee to bring the energy, focus and commitment he has for scheduling business for this House and discussing the direction that the House takes as far as matters business are concerned. That thanks to the cordial relationship that is prevailing in this House and the country, we will work very 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! Did you say “habit”?

Sen. Murkomen): Mr. Deputy Speaker, Sir, I withdraw and apologise.

(Sen. (Prof.) Kindiki): Proceed.

Sen. Murkomen): You have a good tradition of reminding us of our diligence to our duties in the House. When you get the appropriate time, remind the Minority side to avail their leadership in the House. In the absence of the leadership of the Minority side, I will use my own discretion and ask Sen. Kwamboka to second this Motion. I have never even heard her speak here.

(Sen. (Prof.) Kindiki): Order senator! Yes, Sen. Kwamboka.

Mr. Deputy Speaker, Sir, I second the Motion.

(Sen. (Prof.) Kindiki): Leader of Majority, I hope you have now heard her speak. Order, Senators!

(Sen. (Prof.) Kindiki): Sen.(Dr.) Musuruve, do you insist on speaking? Say whatsoever in a minute.

Mr. Deputy Speaker, Sir, thank you for giving me the opportunity to support the appointment of Sen. Malalah to the Senate Business Committee. Sen. Malalah comes out as a vibrant Senator in this House. He is an inspiration to the youth and is all rounded, in sports and drama. He has taken a number of students to State House and this is encouraging to young leaders who are coming up. He has qualities that need to come up and be nurtured. I beg to support.

(Sen. (Prof.) Kindiki): Thank you. First and foremost, this is not a matter concerning counties. Senate Majority Leader, do you want to reply?

Yes.

(Sen. (Prof.) Kindiki): Please do.

Mr. Deputy Speaker, Sir, I beg to reply.

(Sen. (Prof.) Kindiki): You should actually beg to move. 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 Senators, we are now in the Committee of the Whole.

Division will be at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 4 of the Bill be amended by deleting sub-clause (2) and substituting therefor the following new sub-clause- (2) Each county government’s allocation under subsection (1) shall be transferred to the respective County Revenue Fund- (a) in accordance with a payment schedule approved by the Senate and published in the gazette by the Cabinet Secretary in accordance with section 17 of the Public Finance Management Act; and No.18 of 2012 (b) without undue delay and without deduction, except when the transfer has been stopped under Article 225 of the 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.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting the Fourth Schedule and substituting therefor the following new Schedule-

(Figures are in Kenya Shillings)

We are going to the next vote and we are ready. Go ahead and vote. There is a Senator who has not voted. If you are unable to vote electronically, we can assist for there is still 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.

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, the results of the Division are as follows:-

Hon. Senators, we will report progress back to the House on the Division.

Madam Temporary Chairperson, pursuant to Standing Order No. 142, I beg to move that the Committee do report to the Senate its consideration of the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) and its approval thereof with amendments.

seconded.

(Sen. (Prof.) Kindiki): Hon. Senators, let us have the temporary Chairperson to report to the House.

Madam Temporary Speaker, I beg to report that the Committee of the Whole has considered the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) and its approval thereof with amendments. 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): Can we have the Mover of the Bill?

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said report. I request the Senate Majority Whip to second.

(Sen. (Prof.) Kindiki): Sen. Kihika, go ahead.

seconded

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

(Sen. (Prof.) Kindiki): Order! Sen. Mahamud, you are completely out of order. Mover of the Bill, the Floor is now yours.

Mr. Deputy Speaker, Sir, I beg to move that the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) be now read a Third Time. I request the Senate Majority Leader to second.

(Sen. (Prof.) Kindiki): Sen. Murkomen, please, go ahead.

(Sen. Murkomen) seconded.

(Sen. (Prof.) Kindiki): Hon. Senators, we will go to Division. I direct that the division bell be rung.

(Sen. (Prof.) Kindiki): Whips, do we have the requisite number? We do?

(Sen. Murkomen)

(Sen. (Prof.) Kindiki): Hon. Senators, get ready to vote. This is the final vote on this Bill. Hon. Senators, you have 30 minutes left to vote. Let the assisted voters come forward and vote. 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, the results of the Division are as follows:- Ayes: 26 Noes: 0 Abstentions: 0 The “Ayes” have it.

Serjeant-at-arms, open the door and withdraw the Bars.

(Sen. (Prof.) Kindiki): Hon. Senators, before the next Order is called, again looking at the Order Paper, I direct that Order No.13, upon consultation 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): Sen. Wamatangi is not here. I also direct that this Bill be deferred to such a time as may be determined by the Senate Business Committee.

Next Order.

(Sen. (Prof.) Kindiki): The report of the Committee is not ready. Therefore, I direct that this item be deferred to Tuesday next week.

Which one?

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

(Sen. (Prof.) Kindiki): I saw Sen. Khaniri here. Where has he disappeared to?

He is not here. He did not carry his materials.

(Sen. (Prof.) Kindiki): Whips, any information on Sen. Khaniri? He was here two minutes ago.

Order! Sen. Khaniri has to speak for himself. Anybody who has information on the whereabouts and position of Sen. Khaniri should say so on record. Yes, Sen. Nyamunga.

Mr. Deputy Speaker, Sir, Sen. Khaniri has just whispered to me that he is not ready.

(Sen. (Prof.) Kindiki): He whispered? Why did he whisper to you and not the Chair?

Order! We proceed to the next Order.

Order, Sen. (Dr.) Kabaka! You are interfering with the proceedings of the House. You are behaving as you would do in a courtroom. You must distinguish your duality as a lawyer and as a legislator. If you were in the courtroom, you would be in order. You The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

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

Mr. Deputy Speaker, Sir, to be fair to the distinguished Senator for Vihiga County, who is my kid brother, he did not disappear. He said to those of us sitting next to him that since he did not anticipate that his Order would be reached, he had left his files and notes in his office. So, he has gone to fetch them. That is different from a disappearance. At least, the record of the Senate should be straight. You remember the famous case of the British inquiry into the disappearance and reappearance of Lord Darling.

(Sen. (Prof.) Kindiki): Senator, the consequences are the same, which is, that he has allegedly disappeared to fetch his notes. Disappearance is an act of sudden unexplained absence. That Order is deferred. We move on to the next Order.

FRAMEWORK TO PERMANENTLY ADDRESS EFFECTS OF FLOODS THAT, aware that several days of heavy rains recently have caused severe flooding in many parts of the country, resulting in multiple deaths and devastating damage to property and infrastructure; NOTING with concern that, whenever Kenya experiences periods of severe drought, torrential rains usually follow; CONCERNED that year in year out, the challenge of floods continues to recur, leading to loss of human and animal life, displacement of people and wanton destruction of property; COGNIZANT that the number of Kenyans needing emergency food aid as a result of displacement caused by the current floods continues to rise by the day, and that the floods have also washed away many bridges and destroyed roads in many parts of Kenya; ALSO CONCERNED that no effective measures, such as improved storm water harvesting, proper drainage infrastructure and preventing the destruction of riparian reserves and natural water courses, to mitigate and/or provide a lasting solution to the menace of flooding, have been taken; 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): Is Sen. Fatuma Dullo here?

She has also disappeared.

(Sen. (Prof.) Kindiki): Order, Senators! For someone to disappear, they must have appeared in the first place. Disappearance is a consequence of- -- Is Sen. Dullo not here?

(Sen. (Prof.) Kindiki): Order, Senators. That brings us to the end of today’s business. Hon. Senators, having concluded the business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 31st May, 2018, at 2.30 p.m. The Senate rose at 4.05 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.