Hon. Senators, pursuant to Standing Orders No. 220(1)(a) and 225(2)(b), I hereby report to the Senate that a petition has been submitted through the Clerk by Hon. Jackson K. Mandago, the Governor of Uasin Gishu County, and four other officers in the Uasin Gishu County Government. The Petition relates to the status and funding of the Moi Teaching and Referral Hospital (MTRH) which is located in Eldoret within Uasin Gishu County. In the Petition, the petitioner states that:- (a) Although the MTRH is recognised as a referral hospital serving residents of Upper Rift Valley and Western Part of Kenya, it is has long been classified as a level 4 hospital. This has meant that, since the onset of devolution, the MTRH has not benefitted from the conditional grants allocated through the budget process to other referral hospitals. (b) The MTRH has since been reclassified by the Ministry of Health as level 6 referral hospital. Despite this, the MTRH has not been allocated any conditional grants for the Financial Year 2018/2019, the estimates of which are under considerations by Parliament. (c) Since the MTRH has now been classified as a level 6 referral hospital, the County Government of Uasin Gishu requests that funds be allocated to enable construction of a level 4 hospital to serve the residents of Uasin Gishu County. The petitioner, therefore, prays that the Senate urgently considers this matter to ensure that the MTRH benefits from conditional grants allocated for national referral hospitals in the Financial Year 2018/2019 and subsequent financial years. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

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

What is your point of order?

Mr. Speaker, Sir, on a point of order, I rise under the Standing Orders No. 35 and 36 to draw your attention to the lack of quorum in the Chamber.

Ring the Quorum Bell for 10 minutes.

Sen. Cheruiyot was contributing before the Quorum Bell was rung.

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

What is your point of order, the Senate Majority Leader?

Mr. Speaker, Sir, pursuant to your earlier ruling on quorum, we now have the quorum.

Okay. Proceed, Sen. Cheruiyot.

Thank you, Mr. Speaker, Sir. It is really interesting to begin contribution on such an unprecedented move in this House. The fact that we continue to receive petitions in this House, is testament enough to the belief, faith and hope that many members of the public have in this institution, that is, the Senate. It is my utmost and most sincere desire that we shall continue to do justice and dispense with the matters brought to this House with seriousness that they deserve. The issues that have been raised by the Governor of Uasin Gishu County are extremely important because the bulk of patients that are attended to at the MTRH come from the county that I represent. I know for a fact that in the last few years, despite the gains of devolution, many members of the public still continue to struggle, when they get to Eldoret Town, with either finding bed spaces or even the services for which they have gone to seek in this institution. 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 have to admit that you caught me unawares. I was having a discussion with my leader in terms of other legislations that we are introducing into this House such as the Urban Planning Bill that tries to redefine our cities. I thought about it and said, what about our hospitals? This Petition is so timely because it gives us an avenue or opportunity to look at all the hospitals that we have in densely populated cities or towns in this country and ask ourselves; what is it that each referral hospital must have? Mr. Speaker, Sir, I rise to support this Petition. I know that Uasin Gishu and Eldoret particularly, is a very big town that has a huge population in it. When we are looking at this petition, it will be important for us to examine the existing institution. What is it that it does not have? I concur with my colleague, Sen. Aaron Cheruiyot, when he talked about the resources and what the National Treasury ought to do. Right now, we are talking about devolution and when we are pushing for more resources to go into the counties, we also have to consider the way we have looked at our hospitals. In Narok County, our hospitals probably are Level Four. It is probably considered as a referral hospital but what are some of the facilities that it has in terms of disease control? We might elevate a hospital and call it a referral hospital yet when you go into the morgue, it does not have the required facilities to support that status. Mr. Speaker, Sir, I support the Petition by Gov. Mandago. I urge that when we are looking at this, we look at the entire health sector. I believe that health is one of the four pillars of H.E President Uhuru Muigai Kenyatta. So, this Petition is really timely because it gives us an opportunity to support all other hospitals in this country. With those remarks, I beg to support.

Mr. Speaker, Sir, I also rise to support the Petition that has been brought to this House by the Governor of Uasin Gishu County. My County, Nakuru, being a neighbouring county to Uasin Gishu, this is extremely timely because with our one Level Five Hospital, it would reduce the strain that comes to my county from the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, before I became a Senator, I used to be a consultant on matters devolution. One of my widely read papers in the health sector is devolution of health. In that paper, I enumerated some of the challenges that come with devolution of health. One important challenge pointed out is the definition of what a referral hospital is. Schedule Four of the Constitution states that all hospitals except referral hospitals are county institutions. The reason why Gov. Mandago is making that petition is because we have failed as Parliament to enact the Health Act in a manner that responds to the challenges that come with a devolved system of Government. Therefore, if we want to answer conclusively the issue of referral hospitals, county referral hospitals, national referral hospitals, how hospitals will graduate from a county referral hospital to a national referral hospital and what are the obligations that will ensue for county and national government, we must enact the Health Act. The reason why the Health Bill is still pending in Parliament is because we cannot agree on various issues that are related responsibilities of national Government and the responsibilities of counties in so far as health is concerned, and to what extent they can support each other. If you look at the whole region of North Rift, there is no single Level Five Hospital. It is justifiable on the part of the Governor of Uasin Gishu to move this hospital to Level Five; reason being that it should receive certain level of support from the national Government like it does at the moment. All the other level five hospitals are entitled to this, in so far as a certain amount of money going as a conditional grant; but the permanent answer to the issue of health lies in how we navigate the issues that are related to devolution of health in the Health Act. This is so because even doctors up to now are still desirous of having a national health institution that deals with matters of human resource. Mr. Speaker, Sir, you may ask yourself; at the moment, if we go by the legal regime that is existing, if a doctor employed in Tana River gets married in Kakamega and wants to move to Kakamega, there is no legal framework of such persons moving from Tana River as an employee of the County Government of Tana River to be absorbed on certain terms in another county. Those are human resource related issues that are giving a lot of challenges to the health sector. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is your Point of order, Sen. Kajwang’?

On a point of order, Mr. Speaker, Sir. Sen. Kipchumba Murkomen raises a very important issue which we needed to test. He talks about the Health Bill not having been signed. When I look at the website of the Presidency, on 21th June, 2017, the President assented to the Heath Bill. Could Sen. Kipchumba Murkomen just brief the House which other Bill is pending because the last Senate worked on the Health Bill and to my recollection, it was assented to. The only challenge we are having is that the national Government is hesitant to implement the provisions of the Health Act.

Mr. Speaker, Sir, I thank Sen. Kajwang’ for brining that to my attention. To the best of my knowledge, I thought it was part of the rubric of the laws that we passed in this House and which never passed in the last Parliament and to be reintroduced; but to the extent that it has been signed, then I will update myself on that matter and speak on it properly in the near future. The reason why I was more convinced we had not gone through with it is because that issue of referral hospitals and the issue of human resource were still pending. I need to relook at it. I stand corrected if that is the position as read by Sen. Kajwang’.

Yes, Sen. Khaniri.

Mr. Speaker, Sir, allow me to join my colleagues who have spoken earlier in hailing Gov. Mandago and the four other patriotic Kenyans for bringing this important Petition to the Senate of the Republic of Kenya. I want to agree with the Senator for Kericho, Sen. Cheruiyot, that the fact that we are receiving so many petitions in this House is a clear testimony that Kenyans out there have a lot of confidence in this House. They look upon us to solve some of the problems they bring to us. Indeed, we must rise to the occasion and ensure that we do exactly that. The Moi Teaching and Referral Hospital is a very important institution in this republic. It does not only serve Uasin Gishu and the environs, but the entire former Western Province of the Republic of Kenya. Therefore, it is a terrible omission - and it is long overdue - that the hospital is not benefitting from the conditional grant. This Petition must be looked into with a lot of speed to ensure that this anomaly is corrected, so that the hospital receives its share of the conditional grant. The Government must also ensure that the hospital is properly funded because of the population that it is serving. In addition to this, the hospital is overwhelmed. It will be important that as we go into the future, the national Government should think of ways and means of developing other national referral hospitals, for example, Kakamega Hospital, so that it can serve the western part of Kenya. We should have others in Kisumu, Eastern, Coast and North Eastern, so that we do not put lot of pressure on Moi Teaching and Referral Hospital and the Kenyatta National Hospital. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Yes, Sen. (Dr.) Ali.

Mr. Speaker, Sir, thank you for the opportunity. Since, my Chairman is not here, I will be representing him. As the Vice Chairman of the Committee, we intend to take this job urgently and work on it as fast as possible. On top of what other Members have said, the hospital is called Moi Teaching and Referral Hospital. It is not only a referral but a teaching hospital. Therefore, if doctors and other paramedics are learning in that institution without proper funding and teachers, we will bring out half-baked professionals, which is not good for this country. I also support that the hospital be funded fully and de-linked totally from the county government. We also support the issue that the Governor has asked of having Level 4 hospitals in Eldoret, so that they can serve the people of Eldoret and other areas. This will ensure that the hospital becomes a teaching and referral hospital for the whole region. Thank you and I support.

Hon. Senators, as earlier directed, the Petition stands committed to the relevant Standing Committee, in this case, the Standing Committee on Health. In terms of Standing Order 226 (2), the Committee will be required, in not more than 60 days from the time of reading the prayer, to respond to the petitioners by way of report addressed to the petitioners and laid on the Table of the House.

We have visiting students and teachers from Rongai Agricultural Technical School, Nakuru. I would like to acknowledge their presence in the Public Gallery this afternoon. In our usual tradition of welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate, and my own behalf, I wish them a fruitful visit. I thank you.

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

Hon. Senators, I hereby report to the Senate that a Petition has been submitted through the Clerk by three persons, who are residents of Kericho and Bomet counties. As you are aware, under Article 119(1) of the Constitution, and I quote: “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 in the said petition are:- THAT, the residents of Kericho and Bomet counties have suffered numerous historical injustices from 1907 under the hands of colonialist and continue to suffer from the effects of such injustices. These injustices include:- (1) Detention without trial. (2) Economic crimes through unfair confiscation of property, including cows, donkeys, goats, sheep and even dogs. (3) Imposition of internal exile and travel restrictions. Forceful evictions from ancestral land approximating 25,000 acres to white settlement under soldier settlement scheme known as British East Disabled Officers’ Colony (BEADDOC) in 1919 (Duder, 1980), which was later allocated to tea companies including James Finlay (trading as African Highlands Produce Co. Ltd) and Brooke Bond (now Unilever Tea), George Williamson. (4) Forceful transfer of population leading to loss of fertile prime ancestral lands. THAT, efforts have been made to have this matter addressed by the Truth, Justice and Reconciliation Commission (TJRC), the Independent Electoral and Boundaries Commission (IEBC) and the Kenya National Commission on Human Rights (KNCHR) with no success. The petitioners, therefore, pray that the Senate recommends that the National Land Commission (NLC) and the Kenya National Commission on Human Rights (KNCHR) carry out investigations under which multinationals in Kericho and Bomet counties acquired the land they own and consider the plight of the residents. Hon. Senators, pursuant to Standing Order 225, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes. Yes, Sen. Cheruiyot.

Mr. Speaker, Sir, these are weighty matters, especially to us the residents of Kericho and our good neighbours from Bomet, who by extension are still residents of Kericho, as it used to be one district back in the day. The petitioners are members that are well known to me and what they are trying to canvass are matters that we have discussed as a community that lives around where the multinationals occupy. We have tried to seek all forms of redress but nothing good has been forthcoming up to date. 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 would like to support this Petition. So many things have already been said by Sen. Cheruiyot but the truth of the matter is that the multinational companies are very inhuman in the way they treat the people of Bomet and Kericho. We used to sympathise a bit because most of our youth used to be employed in those particular companies. Of late, they have introduced machines that pluck tea and that has rendered the youth who used to earn their living from those particular companies jobless. They have also been underpaying people. This has been evidenced through various strikes that have been taking place more often than not. Through the struggles of people in Bomet, sometimes back, they gave out a small piece of land to around 20,000 people to live on. They are so congested in a place known as Chepchobas and the same people no longer benefit from the company through employment. The lease terms by the multinational companies are not clear to the locals. We have been trying to ask and they gave some information that is not very clear. We will support, give some information and take Members of the committee that will work on this Petition round, so that they know how much the people of Kericho and Bomet have suffered through these particular multinational companies. They make our county appear to be rich but the people do not benefit. Kericho and Bomet counties should be considered marginalised but nobody can believe it because when people see the tea, they presume that we are rich but most of our productive land went to the whites and we do not benefit anymore. I support this particular Petition.

Mr. Speaker, Sir, let me start by congratulating the people of Kericho and Bomet for bringing this Petition. It is a clear indication that when historical 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. There is a word that has been used by the previous speaker which I feel is unparliamentary and it might be a blot in our HANSARD. He referred to the multinational companies as “the whites”. As much as I know, his intention was not to use it in a derogatory manner. For the record of this House to be as it should, could you direct that the Senator withdraws that and replaces it with an appropriate word?

That is not bad. It is just the whites of the day and that is a fact. That does not change anything because they will not become black.

Mr. Speaker, Sir, the reason I am persuading you is because I know that whichever committee that will deal with this will have to go and visit those multinational companies and of course they will have a copy of the HANSARD. There might be an impression that there is almost a racist kind of attitude but I stand guided.

The committee will deal with the matter when they get to the ground. Proceed, Sen. (Dr.) Zani.

Mr. Speaker, Sir, was Sen. Sakaja in order to raise that point of order when another speaker is on the Floor of the House? He should have raised it when Sen. (Dr.) Langat was speaking rather than interrupt me and make me lose my thread of thought. I was going to raise a very important point on Social Corporate Responsibility (SCR) by the organisations. As Sen. (Dr.) Langat has said, many organisations sugarcoat the whole issue of SCR and make it appear that they are doing a lot. It is important to unearth by going deeper and making sure that they give back to the communities. There should be a level of some sort of value addition in terms of the projects that they do. I commend this Petition. I hope that the committee that will look into issues raised herein will give us a worthy report and that the people who brought it will be happy with the work that we do in the Senate. I thank you, 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

Mr. Speaker, Sir, I also laud the courageous citizens of Kericho and Bomet but I wonder whether there is lack of material nondisclosure on this matter in accordance with Standing Order No.223(g). I am aware and I stand corrected by the distinguished Senators of Kericho and Bomet that the governor of Kericho, who is my good friend, has been pursuing a court process in relation to James Finlay (Kenya) Limited and other multinationals that occupy the ancestral lands of the people of Bomet and Kericho and that there is a court process ongoing in London in a court of law. If that be the case, then the Petition will have some difficulties in accordance with Standing Order No.223(g). But be that as it may, I laud the courageous citizens. I want also to encourage the Senators from Kericho and Bomet counties that they may, in trying to hit the fly, crash the head of the person on whom the fly is perching. James Finlay Kenya Limited and those other multinationals are agricultural entities that are devolved under the Constitution. So, one way of getting strong revenue base for their counties is to encourage their county assemblies to legislate on how to share the proceeds and profits that are being generated by these multinationals to improve the lives of their people. This is because in the macro-economic status of the country, tea growing, tea processing and tea export is a critical component in our sector of the economy. Therefore, my two colleagues from the two counties may have to look into that. Mr. Speaker, Sir, more importantly, as I finish, the issues being raised by these Kenyans out of frustration is because of the continuing arrogance and refusal by the Jubilee Government to implement the Truth Justice and Reconciliation Commission (TJRC) Report. All these issues were canvassed in this report. All these issued were addressed, solutions were given, reparations and compensations were recommended. A few resettlements were recommended, but the TJRC report is lying in the office of the Majority Leader in the National Assembly. It has never gotten to the Floor of the National Assembly. It is your side that is frustrating your people. I want to encourage you also as you pursue these avenues, you should know what the Committee is about to do, is to reinvent an existing wheel because the matter has already been dealt with.

Mr. Speaker, Sir, the land question has always been a very important one; not now, but even in pre-independence and during the struggle for Independence. That is why the independent Constitution of Kenya had a whole chapter dealing with land with emphasis on community land. One of the things that we need to determine moving forward is the extent to which the national Government can override the interest of communities, particularly those communities that have suffered from historical injustice. As a person who comes from Kericho County – the Senator for Kericho County knows this very well – there are communities in Nandi and Kipsigis who were evicted from their ancestral land. Quite a number of them were actually taken to Subaland. If you go to Suba land, there is a large community of Talais. When they speak Luo language, you will never know whether they come from Nandi or Kipsigis communities. I salute many of them because they have never forgotten their roots. Even their children 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 the opportunity to also support this Petition. Before I add my few remarks, I would like to take the opportunity to welcome the teachers and students of Rongai Agricultural Technical Institute who are in the House today. I also thank the courageous people of Kericho and Bomet counties. If we get it right with this Petition, we will have a way for most parts of this country to petition the Senate and have these historical injustices addressed, once and for all. I have also seen in different contexts in some counties, a lot of the multinational companies getting a lot of benefits from our country at the expense of the locals. Many at times when it is brought up, we are told that they are the major employers who build The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Mr. Speaker, Sir, I also rise to support the petitioners for deeming it fit that the Senate would be able to deal with this matter. I also wish to subscribe to the presentation by Sen. Orengo. Indeed, when the Talai were exiled to Subaland, they were sent to Lambwe Valley which is close to my home, and others were sent to Mfungano Island. There is usually some doubt whether I am Talai, Luo or Suba. However, that is the uniqueness of the people who come from that area. Mr. Speaker, Sir, the petitioners have requested that this matter be sent to the Kenya National Commission of Human Rights (KNCHR) and the National Land Commission (NLC) to address it. Article 67establishes the National Land Commission (NLC) and in Article 67(2)(e), the NLC as established is supposed to- ‘initiate investigations, on its own initiative or on a complaint, into present or historical land injustices, and recommend appropriate redress’ The question we should be asking as the NLC nears its sunset is; to what extent has the NLC addressed historical land injustices? There has been a preoccupation with dealing with millionaires and billionaires in this city that are fighting with the National Government or county government because that is where the highest premium is. I hope that the appeal that has been made by Sen. Wetangula and Sen. Orengo shall fall on the ears of the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, Sen. Cherargei. In the last Parliament, Sen. Sakaja and I sat in the Committee on National Cohesion and Equal Opportunity and we attempted to bring the Truth, Justice and Reconciliation Commission (TJRC) Report to the House. We had issues with the Committee on Legal Affairs and Human Rights of the National Assembly who said that it was the Committee on Legal Affairs and Human Rights that was supposed to bring the matter to the House. Let us not wait for the National Assembly to bring this matter because these are issues that affect counties. I challenge the Chairperson of the Committee on Justice, Legal Affairs and Human Rights and the Chairperson of the Committee on National Cohesion, Equal Opportunity and Regional Integration in this House to bring the TJRC Report to the Senate and let us confirm to the country that the Senate is serious about dealing with some of these issues. I support.

Hon. Senators, I see a lot of interest. We have only ten minutes for that, so I will give the remaining Senators two minutes each, starting with Sen. Mwaruma Johnson.

Mr. Speaker, Sir, it is Sen. Mwaruma Johnes. Thank you for the opportunity to support the Petition from the people of Kericho and Bomet. It is a very important issue because it touches on matters land. There are investors who own a lot of land and they are investing in them and the only way in which 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 two minutes to comment and support this Petition. My leader talked about a black person taking the land of another black person. When I reflect on all the land issues that we have, I come to the conclusion that the full dispensation of land by the British colonial masters set precedent to all the problems that we have in this country regarding land ownership but the people who took over the land from the colonial masters make them look like philanthropists. There are issues surrounding land ownership which include the way people are kicked out of their land like the Maasais and the Talais. There is a question of leasehold. Most of the land owned by the colonial masters had a lease period of 99 years. What happened? When you commit this to the Committee on Lands, Environment and Natural Resources, those are the questions that they should be asking. When the lease expired, how was it renewed? Were the people who were kicked out of those parcels of land considered? We have a very good Constitution that guarantees everyone a roof but where do you take these people when the land that they were raised and brought up on was taken away from them? All the land issues can only be resolved if we are bold enough. I commend the President for saying that he will be the first one to fight corruption but the only way we can win this war is when the President decides to implement the TJRC Report tomorrow. I know that the Maasais are complaining. Their land was taken away from them and they were sent away from Laikipia down to the reserve areas. This issue is very important and I want to request the President to consider what I have said.

I like your passion.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I support the Petition. We are talking about historical injustices and people losing their land. The super Senator reminded us not to use a racist name, but I want to state that people from the East are buying a lot of land from Kenyans and since they are poor, they are letting them have their land. In many years to come, we might just start complaining about land so that needs to be looked into. There is need to have some laws to ensure that ancestral land is owned by Kenyans and not allowing foreigners to buy all the land, then making people landless.

Hon. Senators, pursuant to Standing Order No. 226(1), the Petition should be committed to the relevant Standing Committee for its consideration. In this case, I direct that the Petition be committed to the Standing Committee on Land, Environment and Natural Resources and the Committee on Justice, Legal Affairs and Human Rights. 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 lay the following Paper on the Table of the Senate today, 31st May, 2018:- The Report on the County Governments Retirement Scheme Bill, 2018, (Senate Bills No.6 of 2018).

Proceed, Majority Whip.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today 31st May, 2018: REPORT ON THE FINANCIAL STATEMENT OF MARSABIT COUNTY EXECUTIVE CAR LOAN SCHEME One, the Report of the Auditor-General on the Financial Statements of Marsabit County Executive Committee Members Car Loan Scheme for the year ended 30th June, 2017. REPORT ON THE FINANCIAL STATEMENT OF MARSABIT COUNTY EXECUTIVE MORTGAGE SCHEME Two, the report of the Auditor-General on the Financial Statements of Marsabit County Executive Mortgage Scheme for the year ended 30th June, 2017. ANNUAL CORPORATE REPORT OF THE OFFICE OF THE AUDITOR-GENERAL Three, the Annual Corporate Report of the office of the Auditor-General for FY 2016/2017. THE KNBS 2018 ECONOMIC SURVEY. Four, the Kenya National Bureau of Statistics (KNBS) 2018 Economic Survey. THE EACC REPORT ON THE 2016 NATIONAL ETHICS AND CORRUPTION SURVEY. Five, the Ethics and Anti-Corruption Commission (EACC) Report on the 2016 National Ethics and Corruption Survey. 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, you may now switch to the new Supplementary Order Paper. Next Order!

Mr. Speaker, Sir, I beg to give notice of the following Motion- THAT, RECALLING that in December 2003, Kenya became the first country in the world to sign and ratify the United Nations Convention against Corruption (UNCAC); AWARE that since then, Kenya has put in place robust laws and regulations to prevent, combat and punish corruption, among them the Anti-Corruption and Economic Crimes Act of 2003, the Public Officers Ethics Act of 2003, the Witness Protection Act of 2006; the Proceeds of Crime and Anti-Money Laundering Act of 2009, the Leadership and Integrity Act of 2012, the Election Campaign Financing Act of 2013, the Public Procurement and Asset Disposal Act of 2015, the Bribery Act of 2016; and the Access to Information Act of 2016; FURTHER AWARE that Kenya has established various institutions and agencies tasked with spearheading and coordinating the fight against corruption; amongst them the Ethics and Anti-Corruption Commission (EACC), the Director of Public Prosecutions (DPP), and the Directorate of Criminal Investigations (DCI); CONCERNED that despite these efforts, corruption remains the greatest challenge to Kenya’s socio-economic development, including the attainment of the Big Four Agenda for Kenya’s development under Kenya’s Vision 2030, the African Union’s Agenda 2063, and the United Nations (UN) Sustainable Development Goals (SDGs); RECALLING that, during the State of the Nation Address to Parliament on 2nd May, 2018, H.E. the President urged Parliament to help design the legal tools needed to help win the fight against corruption; NOW THEREFORE, the Senate resolves that the Standing Committee on Justice, Legal Affairs and Human Rights to undertake a comprehensive review of the relevant policy and legislative framework on the fight against corruption in Kenya and propose measures to be undertaken, including amendments to the existing legislation, to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Next Order.

Thank you, Mr. Speaker, Sir. Pursuant to Standing Order 46(2)(c), I hereby present to the Senate the business of the House for the week commencing Tuesday, 5th June, 2018. Hon. Senators, before I speak on the issues relating to Business of the House for the coming week, I take this opportunity to acknowledge and commend you for participating in the Third Annual Legislative Summit held last week from 22nd to 25th May, 2018, in Mombasa County. It was an enlightening summit and we look forward to continually engaging with the county Assemblies to ensure that devolution works. Turning to matters Business, the Senate Business Committee (SBC) will meet on Tuesday 5th June, 2018, to schedule the business of the Senate for the week. Subject to further direction by the SBC, the Senate will on Tuesday continue with consideration of business in today’s Order that will not be concluded. On Wednesday, 6th June and Thursday, 7th June, 2018, the Senate will consider Business that will not have been concluded on Tuesday and any other Business scheduled by the SBC. Hon. Senators, a number of Bills, including the following, are at the Second Reading stage. (a) The County Boundaries Bill (Senate Bills No.6 of 2017) (b) The Office of the County Attorney Bill (Senate Bills No.3 of 2018) (c) The County Government Retirement Scheme Bill (Senate Bills No.6 of 2018) (d) The Public Participation Bill (Senate Bills No.4 of 2018) (e) The Physical Planning Bill (National Assembly Bills No.34 of 2017) (f) The Irrigation Bill (National Assembly Bills No.46 of 2017) (g) The Kenya Roads Bill (National Assembly Bills No.47 of 2017) (h) The Division of Revenue (Amendment) Bill (Senate Bills No.14 of 2018) There are also four Bills due for the Committee of the Whole House, namely: (a) The Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018) (b) The National Flags, Emblems and Names Amendment Bill (Senate Bills No.8 of 2018) (c) The Food Security Bill (Senate Bills No.12 of 2017) (d) The County Government Amendment No.2 Bill (Senate Bills No.7 of 2017) I continue to urge the committees to table their Reports on Bills and Petitions before them within the stipulated timelines to facilitate the House to dispense with then expeditiously. In the same breadth, I urge Movers of Bills and Motions to avail 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!

Thank you, Mr. Speaker, Sir. I beg to move the following Motion- THAT, RECALLING that in December 2003, Kenya became the first country in the world to sign and ratify the United Nations Convention against Corruption (UNCAC); AWARE that since then, Kenya has put in place robust laws and regulations to prevent, combat and punish corruption, among them the Anti-Corruption and Economic Crimes Act of 2003, the Public Officers Ethics Act of 2003, the Witness Protection Act of 2006; the Proceeds of Crime and Anti-Money Laundering Act of 2009, the Leadership and Integrity Act of 2012, the Election Campaign Financing Act of 2013, the Public Procurement and Asset Disposal Act of 2015, the Bribery Act of 2016; and the Access to Information Act of 2016; FURTHER AWARE that Kenya has established various institutions and agencies tasked with spearheading and coordinating the fight against corruption; amongst them the Ethics and Anti-Corruption Commission (EACC), the Director of Public Prosecutions (DPP), and the Directorate of Criminal Investigations (DCI); CONCERNED that despite these efforts, corruption remains the greatest challenge to Kenya’s socio-economic development, including the attainment of the Big Four Agenda for Kenya’s development under Kenya’s Vision 2030, the African Union’s Agenda 2063, and the United Nations (UN) Sustainable Development Goals (SDGs); RECALLING that, during the State of the Nation Address to Parliament on 2nd May, 2018, H.E. the President urged Parliament to help design the legal tools needed to help win the fight against corruption; NOW THEREFORE, the Senate resolves that the Standing Committee on Justice, Legal Affairs and Human Rights to undertake a comprehensive review of the relevant policy and legislative framework on the fight against corruption in Kenya and propose measures to be undertaken, including amendments to the existing legislation, to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I rise to second this Motion. The country is sick because of corruption and it is a great shame. Those of us seated here as Senators, or in the National Assembly, may think that they have solutions to this problem. I have heard Sen. Mwaura saying these people should be killed. However, there are certain things we need to understand. One is the philosophy of capitalism. It is not easy to kill this animal called corruption. Historically, we appreciate that we inherited the English system. Indeed, the legal system which was in play is what we inherited at Independence. We understand how corruption was entrenched in the first Government. We are aware of how the land issue was created in this country. Up to now, we have a problem with distribution of land. There is also a legal problem in the way the laws are crafted. Sen. Mwaura has talked about parties rushing to courts with their advocates to get bails upfront. We have senior counsels like Sen. Wetangula and Sen. Orengo who can attest that since time in memorial, nothing has been done to change those laws. If, indeed, we are honest to Kenyans, we should be the first Senate to change the laws so that people can face justice. We are also aware that corruption is all over, including churches, mosques, Parliament, the Executive, the Judiciary and everywhere. It is time as it is stated in the Holy Bible, we admitted that all have sinned and fallen short of the glory of Lord and we repent. Today was a very great day where parties were supposed to examine their morals and ask themselves what has gone wrong. We are talking about corruption but some of the research I have undertaken is very worrying and I need to tabulate it. The National Youth Service (NYS) (II) has gobbled Kshs9 billion paid to suppliers in the Financial Year2016/2017. In the Financial Year 2015/2016, we lost Kshs1.9 billion in NYS(I) through fraud. The Karen land issue gobbled Kshs8 billion linked to 40 Members of Parliament; some of whom are seated here today and others who were voted out, among other state officials. There is also the notable National Cereals Produce Board (NCPB) that paid Ksh9billion paid to undeserving brokers. There is also Hazina Towers which belongs to the National Social Security Fund(NSSF) where another contract was given to a Chinese company called Jiangxi at a cost of Ksh6.8billion. This money has also been lost. The tender has been cancelled but they have sued for a lot of damages which is public money. Let me now turn to the Jomo Kenyatta International Airport. The Kenya Airports Authority (KAA), which is a state parastatal, lost Ksh55.6billion through irregular tendering. This is another scam. The Government also lost Kshs5 billion through procurement malpractices at Afya House. We have the NSSF Tassia Project. I remember the Secretary General of the Central Organisation of Trade Unions (COTU); Mr. Francis Atwoli, fighting it hard. We lost Kshs5billion. That scam involved cancellation of a tender. 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

The Robespierre’s.

Yes, the Robespierre’s. I know the guillotine machine which was introduced. I understand that the person who introduced it - Robespierre- was the third to have his head chopped off. Corruption is all over even in other professions. Go to advocates- I am one of them, engineers, doctors and so forth. I can see Sen. (Eng.) Maina, the Senator for Nyeri County trying to wave at me. I do not know whether in approval or disapproval.

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

What is your point of intervention?

Thank you, Mr. Speaker, Sir. I am not rising because I disagree wholly with what he is saying, however, he is not clarifying one thing; that there are engineers and lawyers of our years who are real, such as the Senate Minority Leader; Sen. Orengo, who are not in this category. Therefore, my friend, this is a new trend and habit---

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

Mr. Speaker, Sir, he should not try to mix oranges with bananas.

Proceed, Sen. (Dr.) Kabaka.

Mr. Speaker, Sir, let me proceed. I do not want interruption. It is on record, I am privileged and I can talk mountains in this House because I have been elected by the people of Machakos to represent them fully. We know instances where even doctors leave needles in patients’ bodies while others are accused of stealing human organs so that someone can get money. It is a shame. This country is corrupt. I do not even know whether the blood of Jesus is enough to cleanse the sins of this country. Today, His Excellency the President said that a thief is a thief. Whether one is Kikuyu, Kamba, Luo or Luhya, they are known by their tag name - a thief. People should therefore, not hide behind their tribal cocoons. Mr. Speaker, Sir, we will make amendments. I submit that the Senate Committee on Justice, Legal Affairs and Human Rights and related committees should be very serious. As Senators, we will assist them in our different professions to sit and craft the laws, especially the economic anti-corruption laws. Lastly, I want to go on record that I have heard members of public say that Parliament is also corrupt. We talk about auditors, reports are brought here and we interrogate them. However, the question is who polices the National Assembly?

Who will watch the watchdogs?

Who will watch the watchdogs or watchmen? We have a problem. It is not enough for Members of Parliament just to debate and wish away the problem. We must find solutions. Kenyans are out there watching us and want Members of Parliament to rise to the occasion and fight for them. Otherwise, this country will face a revolution. People will say that they are not going to pay taxes only for the money to be stolen. Even our people will think that we are thieves. When we drive cars, they will think we bought them using their money. It is very sad. I wish I had enough tears to weep like the late hon. Martin Shikuku used to do. My heart is very heavy this afternoon.

Rightly so!

Mr. Speaker, Sir, I do not know who is going to wipe my tears.

Mr. Speaker, Sir, it is a very sad day for this country. I beg to second Sen. Mwaura’s Motion.

Proceed, Sen. Orengo. 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 wish to support this Motion. In supporting it, I want to commend the prevailing mood in the country, particularly the action being taken on the part of the Executive in dealing with corruption. This morning at the National Prayer Breakfast, it was instructive that all the leaders who spoke there, including the leaders in the Government and in the opposition, spoke in unison not only against corruption, but also in support of the measures that have been taken to deal with this animal called corruption.

The crowning of the events of today was by the Speaker of the Senate conducting a ritual at the end, which was partly in the Luhya language and partly in English.

Some people may have thought that it was being done in jest, but it was an important statement towards the question of dealing with corruption. However, the problem is that this has happened before. Even in 1906, when the Prevention of Corruption Act was enacted as an ordinance in Kenya, it was for the purpose of dealing with corruption then and the people were talking the same language. Indeed, I can tell without fear of contradiction, that a lot of people do not believe what we are saying. This is what we are going to deal with. It is not that nothing is going to happen out of this initiative. However, the public is very skeptical. In fact, when I saw Sen. Mwaura and Sen. Kabaka talk with passion and commitment, to a lot of people, it was as if they were speaking in tongues. It was as if they were in a church, where some people are speaking and at the end of the day, whether it is in English or in Kiswahili, they sweat and cry. Sen. Kabaka nearly cried, although he did not quite cry.

To the public there, we are just speaking in tongues. By the way, Madam Temporary Speaker, the only way we can deal with corruption is by starting a conversation about ourselves, as leaders. Kenya is not maturing as a democracy; we are afraid to become a mature democratic country. We are afraid of speaking truth to power so that when we talk about corruption, we talk as people who are restrained. However, in a country that is maturing to become a proper democracy, it is important that when we talk about corruption, we start that conversation with ourselves. This is because when we talk about corruption like this morning during the National Prayer Breakfast, the people out there could see some people there who are part of the corruption gang in this country also having breakfast.

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

Shame!

Madam Temporary Speaker, they already have a scheme, more than you as MPs who will make that budget. Parliament is in charge of the budget. They know when to start planning how to get that money. They know the National Treasury inside out; how this Integrated Financial Management System (IFMIS) process works. They also know how to release the money. You can find some counties parading in the National Treasury for one month, looking for money which has been authorised by this Senate and the National Assembly but when an individual goes there, within two days, payment is authorised. If you do not believe me, yesterday Cabinet Secretary Kiunjuri was talking about how somebody, a farmer, was being paid Kshs300 million having delivered maize in amounts and tonnages which were inexplicable. There must be somebody behind that person. I challenge the leadership in this country, particularly the four leaders who stood up today during the prayer breakfast, to start a conversation amongst themselves. Are we the role models for Kenya? Do we have anything that we should not have which we have taken from the people of Kenya? If you are telling your Cabinet Secretary or party officials not to steal or not to acquire anything corruptly yet two months ago you sent that person to make sure that you got part of the Standard Gauge Railway (SGR) funds which I understand people have been getting in all forms, either through the National Land Commission (NLC) or through contracts. That is why every project in this country never pays back, including the SGR. It will not payback because it has already been eaten up. It is supposed to help us but what we will pay in return does not justify what we have spent on it. I agree with Sen. Mwaura. In fact, if you look at the Big Four agenda, if it is implemented before we deal with this animal called corruption, it will be an exercise in futility. For example, on the issue of building houses and how much the houses will cost, some people have already done deals, by the way even before the President proclaims publicly about the Big Four agenda. They already know. They know about the National Youth Service (NYS) which is the best way of getting money quickly and in millions. The strange thing is that we were talking about the NYS just last year. The NYS is not a new story. The Parliamentary Committee - Sen. Sakaja was in the National Assembly - the CID and the police were invited to carry out investigations by that report. All the investigative agencies and even the Director of Public Prosecutions (DPP) were directed to take steps by Parliament. Before they could do it, there was another scandal. What happens? It is because in the power chain, we are dealing with a mafia which 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 giving me an opportunity to take part in this conversation. I support this Motion because we are taking this matter very lightly. The way things are, we will lose this country to corrupt cartels that will bring this nation and its sovereignty to its knees. Why am I saying this? Right now, anybody who is corrupt hides behinds their tribe. That, so and so is being targeted because of his political stand or because of his tribe. When people steal, they do not steal on behalf of their tribe but when they are prosecuted, then they belong to a certain tribe. That culture needs to stop now. The other thing is that I sometimes feel that people are not proud of this country. I do not know why there is no sense of nationalism in this country. Anybody who has a little bit of a sense of nationalism should feel for the Kenyans who pay taxes. It is, therefore, unfortunate that the ‘big fish’ or ‘small fish’ are stealing hard earned money by Kenyans through shady deals and corruption. We should categorise corruption as a catastrophe in this country. Due to corruption, Kenyans are losing money meant for education and setting up cancer centres. The security situation is also compromised. We all know that at one time the Al

attacked the capital City of Nairobi. How did they manage to pass through all the roadblocks that we have in this country to the capital centre and blow up buildings? It is because even the police who are supposed to investigate and bring this menace to an end are also corrupt. As Sen. Orengo has said, we need to have a deeper conversation about corruption and come to a conclusion on how to tackle it. Right now corruption is rampant and very soon Kenyans will be very poor. The tribes we will have will be the tribe of the rich and the poor. I hope we will not get there. Most homes in Kenya are fenced because we try to protect ourselves from the thieves. If everything was in order we would all be comfortable and not need to go there. The conversation we should have in this country is how we can eliminate corruption. Yesterday I was very shocked while watching news. A number of people were being questioned by Citizen Television on what they would do if they got Kshs60 million whose source they did not know. Most of the people, except one gentleman, said they will take the money to the village and hide it under the mattresses. Others said they will pay ten per cent of it to the church to thank God. We have reached a level where we bring God into the conversation of thieves; even when it concerns money that was not acquired the right way. Where do we go with this? If this trend continues, we will definitely lose this country. Do we have anywhere else to go? Kenyans should be hurt by corrupt deals enough to feel that it is everyone’s responsibility to do something about it. This country does not lack laws to deal with corruption. As Sen. Mwaura has elaborated, there are numerous laws to deal with corruption. What we need to deal with is culture. Let us discuss our culture because most Kenyans have a culture of theft, for lack of a better word. The other conversation we need to have is how to strengthen our institutions to ensure that corruption does not continue thriving. We should have some sense of nationhood. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

What is your point of order, Sen. Halake?

On a point of order, Madam Temporary Speaker. I request that we reduce the time to contribute, so that the rest of us who would like to speak can get a chance as well.

That is noted. We are looking at the numbers and the time. For the time being, I will give the next two, after which we will reduce the time. What is your point of order, Sen. Olekina?

Madam Temporary Speaker, I rise on a point of order, under Standing Order 100. Is the distinguished Senator in order to go against the Standing Orders? The Standing Orders are very clear that we can only limit the time before the debate starts.

You are out of order, Senator. It can be raised at any one time, depending on the interest and the number of Senators who would want to participate in any particular Motion. Yes, Sen. Wetangula. 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 an opportunity to contribute to this Motion. I salute Sen. Mwaura for bringing the Motion which Sen. Farhiya and also I wanted to bring but it is good that he brought it ahead of us. If there is anything that must be declared a national disaster in this country, it is corruption. Extraordinary problems require extraordinary measures to solve them. Corruption has reached an extraordinary level. The country is bleeding and hurting. Yesterday the Governor of Central Bank of Kenya (CBK) said that our external borrowing has reached a limit and we cannot borrow anymore. At Kshs4.6 trillion, the national debt can only burst the economy. This country has been bedeviled by one incident of corruption after another. The National Youth Service (NYS) graduated some suspects to high office. That is a big shame! Somebody joked the other day that if the previous one was in office for one year and graduated to where she is, the next one might graduate to become the president. I agree with Sen. Mwaura for tabulating the legal framework we have in fighting corruption. There is no shortage of law. The shortage we have in this country is the will to fight corruption. When Dr. Patrick Loch Otieno (PLO) Lumumba was the head of the Kenya Anti- Corruption Commission (KACC) and resigned in a huff, he said something very important; that when he was appointed to that office, he thought he had been appointed to fight corruption but he quickly learnt that he was only appointed to appear to fight corruption and not to fight corruption. That is why he was shown the door unceremoniously because he went beyond appearance. Madam Temporary Speaker, because of limitation of time, allow me to look at the issue of the National Cereals and Produce Board (NCPB). I laud the Cabinet Secretary, Mr. Kiunjuri for having been honest yesterday before the committee. The NCPB, by its framework and foundation, knows farmers in every region. Not anybody can just turn up with a briefcase and say they are a farmer and they want to deliver produce. In Bungoma which is my county, Kshs534 million was paid to farmers. When you look at the description of the farmers, you will cry like Sen. (Dr.) Kabaka did on the Floor of this House. In Bungoma, there is not a single farmer who can talk of farming 200 acres of land. We do not have land because of population. You will find such kind of farms in Uasin Gishu, Trans Nzoia, Nakuru and a few other places like Laikipia. A Mary Wanjiku, describing herself as a farmer, delivered maize that she harvested on 800 acres of land in Bungoma. Another farmer called Mary Wanjiru Ndiwa delivered maize she farmed on 334 acres of land in Bungoma. Another one called Benard Mwangi Kimani delivered maize having farmed on 400 of land in Bungoma. Another one called Mary Wasamwe delivered maize that she farmed on 800 acres of land in Bungoma. Another one called Lucy Nduta Kihara delivered maize she farmed on 230 acres of land in Bungoma. My nephew here, who comes close to Bungoma, knows that you cannot get anybody in Bungoma farming more than 100 acres of land. The NCPB is taking public money and giving it to people who are fraudulently passing off as farmers. Instead of such people being arrested for giving false information to a person employed to serve 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

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion. I want from the onset to thank Sen. Mwaura for coming up with this Motion on the Review of Policy and Legislative Framework on the Fight Against Corruption. I must agree that we, as a country, are now on the right track by having a conversation about corruption. The Committee on Justice, Legal Affairs and Human Rights of which I chair will do anything possible to ensure we look into this issue. This will be in terms of any policy changes or legislative framework that we need to improve. We will discuss and come up with any necessary legislative amendments that need be made to make our county to move forward in terms of fighting corruption. I want to agree largely with what my colleagues have said that corruption is now part of the Deoxyribonucleic Acid (DNA) of this country. When one of the National Cereal and Produce Board (NCPB) scandal emerged the other day and I saw the Cabinet Secretary for Agriculture and Irrigation, Mr. Mwangi Kiunjuri and the rest of the Ministry of Agriculture officials speaking yesterday, it looked like a joke. In this country, somebody gets involved in corruption and the next thing is they are elected to a higher office or celebrated. As Sen. Orengo has said, you receive the longest prayer because you have stolen somewhere and you donated money to a church. The Bishop decides that you should receive the longest prayer as opposed to those people who toiled the whole day and gave Kshs100 in a church service. The fight against corruption is a big joke when you see some of the suspects in court applying lipstick. It shocks the country because people know that this is just a circus or drama. They know corruption is never taken seriously in this country. Going forward, I agree largely with what some of my colleagues have said. It is not about legislation itself; it is about the goodwill. That is why the handshake has now moved to a 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

Looking at the numbers, the interest is very high. It will be in order for us to give as many Members as possible an opportunity to discuss this Motion. We will now reduce the time to ten minutes.

Thank you, Madam Speaker, for this opportunity. I also want to thank God for the opportunity of attending the National Prayer Breakfast where speaker after speaker spoke eloquently about the need to fight corruption. That talk was overwhelmingly interspersed with a call for forgiveness. It was said that we should forgive one another. I want to stand on the Floor of this House and make a clarification. First of all, I want to draw the line between forgiveness of sin and the consequences that must fall on the shoulders of people who break the law. On the issue of forgiveness of sin, the Bible is very clear. Hebrews 9:22 says that there can never be forgiveness of sin without the shedding of blood because it is the shedding of blood 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

Very well. Proceed, Sen. Ledama Olekina.

Thank you, Madam Temporary Speaker. As the Italian mafia would say, all of us in this country are corrupt. We, the politicians, are number one in corruption. If it was a championship, I would probably say that the presidency would be the defending champions. So, the biggest question to ask ourselves is; what is this corruption? Madam Temporary Speaker, the media is awash with all ideas of what form of corruption ails this country. We were recently entertained by the distinguished Senator for Nandi, Sen. Cherargei, who spoke before me, when he said that in his county, there is The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

On a point of information, Madam Temporary Speaker.

Sen. Olekina, do you need any information?

No, Madam Temporary Speaker; I do not need any information.

Proceed.

The former Vice President of the USA, Joe Biden, once said that fighting corruption is not only good governance in itself, it is self-defense and patriotism. This is what we need to be talking about. We need to realise that if God is so kind to us, he will only give us 70 years; we will then die and leave all these earthly possessions in this world. Madam Temporary Speaker, I am sick and tired of this corruption. It is now becoming a comedy. Every year, the President is heard saying: “Everyone who is corrupt should carry their own cross.” I have been waiting to see someone senior in Government carrying their own cross or actually being prosecuted and found guilty of having embezzled funds. We are not ready as a county to accept the truth. The moment we will accept the truth is when we will begin to have a decent conversation about corruption in this country. Madam Temporary Speaker, I have lived in the USA for about 20 years and in Kenya for the rest of my years. However, it is only in Kenya that people become overnight millionaires by working for the Government. Every politician who comes to this Parliament – the Senate and the National Assembly – actually spends most of their time seeking government tenders, working with the Government and cutting those deals that the distinguished Senator for Bungoma County was talking about. We are teaching our children that the only way you can be respected is by cutting deals. That is the reason why you can see those university students in cybercafes discussing about deals. It is because we are leading by example. Madam Temporary Speaker, today I listened carefully to the story that the former Prime Minister gave; and I stand corrected on this. He said that we are saying that we are fighting corruption, but the people we are arresting are those junior officers. It is like taking a dog for hunting, but you do not guide it; and you let it get into the bush. That way, the dog could come out with a squirrel or a rat. However, when a leopard comes, it runs away. The truth is that if we are serious about fighting this corruption, then we must guide the dog that we take hunting to ensure that even if it is a leopard, it is dealt with. If you go to the Maasai Mara National Reserve, you will see real dogs which are trained to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Just one minute, please.

Madam Temporary Speaker, if you look at the quality of legislation that we are drafting in this Parliament, they are designed to establish authorities to create Chief Executive Officers (CEOs). We forget about devolution. Recently in the House, we killed the Irrigation Bill. I have seen it in the Order Paper after coming back from the National Assembly. The reason we killed it is because we did not agree with the way it was drafted. Now, it is finding its way back. What do we call that? It is corruption! It is coming to a point where we are almost accepting it as a 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 me this opportunity. I also thank Sen. Mwaura for bringing this Motion. I think everybody agrees that we have a cancer called corruption. We are even losing its definition. Sometimes we get lost as to what constitutes corruption. We keep thinking that, perhaps, corruption is the mega things that are happening. That said, we need to go back to the drawing board and think of some of the practical solutions that we can have at every level to fight corruption. As everybody has said, we have mainstreamed and institutionalised corruption to the point where we cannot even recognise it even if it stared us in the face. Some of it has been made so normal that if you complained against certain aspects of corruption, people will look at you strangely and say: “We have done this and nothing has happened, so far.” So, as everybody has said, it is being normalized and this is sad. I have said it in this House before that in every situation there is always the aggressors, victims and bystanders. I am glad that, today, this House has chosen not to stand by and watch as our country disintegrates under the sheer burden of corruption, but at least speak about it and remind the nation that this is getting to a disaster level. Looking at the systemic aspects of corruption in our country and its institutionalisation, I shudder to think that every institution of this country--- Of late, I do not even watch television because it is giving me so much hopelessness. For example, look at the banking sector and forestry. We have less than seven per cent of forest cover, not because we have industrialised but because of logging. The people that are mandated to guard this are the ones actually perpetrating these atrocities. Of course, corruption has a ripple effect. If people log and go beyond the 10 per cent forest cover, we self-destruct. Climate change vagaries set in and we experience the kind of climate-induced floods and drought cycle that we see. So, corruption has a ripple effect in every sector; from the climate to everything that we do on a daily basis. Madam Temporary Speaker, look at the National Youth Service (NYS), the National Cereals and Produce Board (NCPB) and National Land Commission (NLC). The other day in the Committee on Land, Environment and Natural Resources, where I sit, we questioned the issue of compensation for land used for the Standard Gauge Railway (SGR). We learnt that billions were paid to three companies as the rest of the peasant farmers along the SGR line are yet to be paid a coin. It beats logic why a small- 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. Those are good deliberations. We, as a nation, have reached a point where we need more way forward. We know the problems and were they are.

Thank you, Madam Temporary Speaker, Sir, for allowing me to strongly support this Motion by Sen. Mwaura. Even though this Motion is calling for a review of policy and what we have in place, we do not lack in policies or in terms of provisos of law. What is lacking is political goodwill. We have bad governance, not because the laws are not there. I also tie this to lack of transparency and inequitable distribution of national resources. People take shortcuts because they are left behind due to bad governance and tribalism. So, the quickest way that Kenyans have adapted over the years is to bribe their way so as to access services in public offices. At some point, people have complained that they had to give out something for them to access services like accessing files in land registries and in court rooms. It is about our governance and systems. The laws are there, but we are not serious in as far as the provisions of the law are concerned. Madam Temporary Speaker, Sir, some people in the country feel like they are more Kenyan than everybody else. They feel like they can do anything and nobody will do anything about it. It is time that the sense of nationalism and belonging comes back. Some of these people who feel like they are more Kenyans than all of us should know that we are all Kenyans and we deserve to get the best. We have a problem with our attitude. Some people feel like they can trample upon everybody and do whatever they want and get away with it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Yes, Sen. Shiyonga.

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to support this Motion. I applaud the Senator who brought it to the Floor of the House. Speaking about corruption, Kenya is ailing in the intensive care unit and about to die. If you look at corruption, as my colleagues have said, it has scaled heights and is incontrollable. It has nothing to be compared to.

From the days of the Anglo leasing, Eurobond, Afya House, forests and NCPB scandals, mention them; there is no Ministry or department in Kenya that has been spared of corruption. 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. (Rev.) Waqo.

Thank you, Madam Temporary Speaker. First, I congratulate you because this is my first time to speak since your appointment to the Speaker’s Panel. From the onset, I support this Motion and also congratulate Sen. Mwaura, who has passionately brought it to us. As a mother and a woman leader, I do this with a lot of concern simply because we have destroyed our nation and denied our children the opportunity to enjoy. From what we are seeing, our children will not have anything they can be proud of in this country simply because our generation, which is now known as the most corrupt in this country, has taken this action to deny others the opportunity to enjoy the resources that God has given us. Madam Temporary Speaker, this has also taken away our integrity and dignity as a nation. There is nothing, even for us as leaders, that we can be proud of today. Sometimes when we visit other countries, the only good things that most people bring to our attention are the games, the athletes, our wildlife and other things that we do very well in. However, nowadays, even that does not take centre stage. It is the corruption that takes centre stage and we are known as the corrupt country. As leaders, we should take this upon ourselves and carry this cross on behalf of our nation. God has put us in this position not to just sit and earn our salaries but to speak for that poor woman who cannot fight for herself – to fight for that young man or woman in the village who has been denied his or her opportunity. We should fight for their rights. Corruption is a baptismal name that we have given to this vice. We all say a thief is a thief yet we refer to that vice as corruption. Corruption is a soft term that is very friendly and accommodative. That does not attract any stigma. If it is that friendly, then everybody will not be ashamed. I was following what is happening at the NYS. Some of the figures are scaring. They seem to be very important people and we may look like fools talking about them. It is high time for us to condemn and take up the responsibility that God has given us so that we can fight it. I thank God because of the President, the former Prime Minister and all other leaders this morning vowed and said that they will fight corruption together. They cannot do it alone. We have to do it with them. The source of corruption has made our country to adopt this culture that it is an ordinary thing for somebody to commit. It has made our young people lazier. Women like me are exposing themselves in many ways so that they get rich within a night. It is unfortunate that we have lost our values both at the family and the national levels. It is high time we came up with laws that can support us and take us somewhere. We talk about this matter of corruption and that investigations are going on but the narrative has to change now. The investigations have been going on since we got Independence and nothing has happened. Some of the investigations have never been concluded. Kenyans are getting tired. Can this people be prosecuted? Can they not be jailed? Can we see somebody jailed for that? It is my prayer that in this process some 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. Pareno): Yes, Sen. (Dr.) Musuruve.

Madam Temporary Speaker, thank you for giving me this opportunity to add my voice to this Motion. I want to start by commending Sen. Mwaura for coming up with this Motion which has come at the right time. I believe that the Senate will ensure it sees the light of day and corruption is brought to an end. Kenya ratified the United Nations Convention with regard to corruption and it was the first country in the world to sign that Convention. If Kenya was the first country to sign that convention in 2003 that signature is fully loaded and we should have walked the talk from 2003. Whenever we say that corruption is cancerous, I wonder whether it is benign or malignant. When we talk of something being cancerous, if it is malignant then the whole nation is dead because there is no cure. However, if it is benign - and I hope that is the case - it means that it is localised and can easily be gotten rid of. I hope and believe that the cancer of corruption in this country is benign and we need to see how to uproot it Madam Temporary Speaker, we have different levels of corruption. We have corruption at the high level, low level and middle level. Corruption is indeed ailing this country because it is retrogressing our economic development. We make three steps ahead and about 30 steps back. It is time we, as leaders, embrace what the President has said. I really empathise with the President’s statement. During his Address to Parliament, he humbled himself and asked leaders to be committed to serving. When the President talks about commitment to service, he reminds us directly or indirectly that we should embrace Chapter Six of the Constitution so that we are counted as leaders who can stand with our people. Many statements that come on the Floor of this House come as a result of some element of corruption that needs to be addressed. We have been talking about many issues in this Senate, for instance, the issue of farmers. When farmers in the village 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

Hon. Senators, I see no further interventions as Sen. M. Kajwang’, Sen. Kasanga and Sen. (Eng.) Maina are not here. I call upon the Mover to reply.

Thank you, Madam Temporary Speaker. First of all, I thank all the Senators who have made robust contributions, especially Sen. Halakhe and Sen. (Dr.) Musuruve who are present. As I make my concluding observations, I want to contrast two countries. The first country is Malaysia. Prime Minister Mahathir Mohamad was the father of the nation who was in office for many years. Thereafter, other prime ministers were elected and served diligently. However, when Najib Razak was elected as the prime minister, he stole a whopping Kshs70 billion. This made people very angry and during the last elections, they elected Prime Minister Mahathir Mohamad back to power at the age of 94 years. Within one week or seven days, he was able to get back USD50 billion. That is the essence of political will. Madam Temporary Speaker, in Kenya recently I was at a social joint. I came across some young man who addressed me as Sen. Mwaura. I asked him, “Who are you? He replied, “I am Kabura’s son.” The guy was wearing bling bling and had a big vehicle. He was very proud to say that he was associated with Josephine Kabura. I am also reminded of a video that is circulating in the social media of a Luhya lady who is urging his fellow Luhyas to also enjoy corruption, asking them what they are doing in high offices when everybody else is stealing. Really, it has sunk that low. You are asking members of your community to steal so that you can protect each other. As you know, that culture of ‘it is our time to eat.’ When we had the first maize scandal and the Triton Oil scandal, Kenyans were so pessimistic saying that leaders were eating their maize and then swallowing it with their oil. This is quite interesting; t unakula mahindi na tunateremsha na mafuta. The Chicken- Gate Scandal associated with a young man called Trevor Oyombra; even the name Oyombra means to eat or the way you would tear apart some chicken. Madam Temporary Speaker, this country has witnessed so much corruption. It is so much that even in this same Parliament Members of Parliament are there for hire. You just need to see some few people around and then your agenda will pass. This House has just become another rubberstamp. Going forward, I will quote one of the people who commented on this Motion – namely Hilary Kosgei. He said, “Mwaura, why do you want to burn the bridges of corruption and yet we also want to use the same to come up just like you people in politics?” Most of our elected leaders or a good number - let me not generalize that - are products of corruption. This is in terms of the money they get from their former employment opportunities and the way we conduct our party primaries. There is corruption in the way in which people colluded with the officials of the Independent Electoral and Boundaries Commission (IEBC). That is why some election results were nullified. We have seen a situation where the best qualification you may have in this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate

Hon. Senators, this Motion does not affect counties. Therefore, we shall not have a division.

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Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until Tuesday 5th June, 2018, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate