Mr. Speaker, Sir, I beg to lay the following Papers on the Table of the Senate today Tuesday, 5th June, 2018- REPORT ON THE MARSABIT COUNTY EXECUTIVE SOCIAL PROTECTION FUND Report of the Auditor General on the Marsabit County Executive Social protection Fund for the year ended 30th June, 2017 REPORT ON THE MARSABIT COUNTY GOVERNMENT SCHOLARSHIP FUND Report of the Auditor General on the Marsabit County Government Scholarship Fund for the year ended 30th June, 2017 REPORT ON THE FINANCIAL STATEMENT OF THARAKA-NITHI COUNTY ASSEMBLY REVOLVING FUND Report of the Auditor General on the Financial Statements of Tharaka-Nithi County Assembly Revolving Fund for the year ended 30th June, 2017

(Hon.) Lusaka: Next order.

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

Mr. Speaker, Sir, I beg to lay on the Table of the Senate the Report of the Induction Workshop of the Sessional Committee on Delegated Legislation held in the Four Points Hotel by the Sheraton, Nairobi from 10th to 12th March, 2018.

(Hon.) Lusaka: Next order. Where is Sen. Sylvia Kasanga? Let us move to the next order.

Hon. Senators, we have rearranged our Order Paper. We will go to Order No.14.

Mr. Speaker, Sir, I beg to move the following Motion – 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 result of the tragedy, approximately fifty (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 the 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, rental or farm quarters, have not been resettled; APPRECIATING the good work of the Red Cross Society of Kenya and the National Government for their swift response upon receiving the information of the dam tragedy; DEEPLY CONCERNED THAT this human catastrophe occurred despite the existence of the Water Resources Management Authority The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to second the Motion on the establishment of a select committee to investigate the circumstances that led to the Solai Dam Tragedy. It is commonsense that to solve a problem, you must first of all recognise your share of responsibility. As a nation, we tend to escape a lot of our own responsibilities. We have institutions and Government bodies that have been set up to outline regulations or things that must be done in order to store water. There is no way a dam can shift if developed properly like the Seven Forks Dams which were constructed about 40 years ago. The select committee will do Kenyans justice and particularly the families of those affected because of the actions of one investor. We have a problem in this country. Sometimes when we have investors, we forget the interest of the common wananchi . It will be important for this House and Kenya in general to understand the stages of maintenance or the records on maintenance of the dam. Mr. Speaker, Sir, we have been told that this dam was constructed upstream, and downstream, the rivers could not flow. This is an investor who purports to be 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, Mr. Speaker, Sir. I rise to support this Motion because it is extremely important. I understand the passion with which the Senator for Nakuru County has picked up this matter. When you replay the scenes that led to this unfortunate event, you will see ordinary Kenyans who were sleeping in their tiny shacks, worrying about the tribulations that they face in life, and before they knew it, more trouble befell them. Those who were lucky to survive had their households swept away and some even had dead family members. They do not have a voice and have no one to speak out for them. The people in authority do not seem to care so much about it because, ordinarily, they are ‘nobody.’ Time has come for us, parliamentarians, to rightly stamp our authority and do that which concerns the people who voted for us to come to this House, and speak to the very matters that affect their lives on a daily basis. This is an extremely timely Motion and I hope that our colleagues who have been granted an opportunity to serve in this Select Committee will do justice to it by going to the root of the problems that are being raised. Disasters continue to happen every day. Last weekend it was a building in Huruma that tumbled down. Despite tens of buildings tumbling down in this City, not a single engineer has ever been charged for negligence or for approving or allowing the construction of a building without proper legal channels being followed. It is my sincere hope that our colleagues, who will serve in this Committee, will make far-reaching recommendations and give us a document that can be quoted years down the line. The document should be one that people will say that it was during the time of the Twelfth Parliament that a Committee of the Senate was constituted, which led to the end of manmade disasters in this country. People must be charged for negligence and brought to book. The people who approved the construction of this dam and those who were supposed to send the early warning signals but slept on the job must face the law. Unfortunately, on many occasions, we, as legislators, obsess ourselves with matters which we consider to be more important to us than those facing the people who elected us to this House. There are many things that I would have wished to say, but I know that there is a lot of interest from my colleagues. I will leave it at that and hope that justice will be done to the victims of the Solai disaster. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir. I also support the Motion to set up a Select Committee and thank Sen. Kihika for the initiative. At some point, it appeared as if the quest to get justice by Sen. Kihika was being challenged by some of our colleagues in the National Assembly. This is timely to the extent that matters concerning water provision are entirely our jurisdiction as a Senate and we must get to the root of this matter. The principles of law which govern where a person keeps a reservoir or a dam, like in this case, are as old as history itself. When applying the principle of Rylands versus Fletcher on keeping a reservoir, where a reservoir like this one ended up in somebody’s mine, the civil liability of Mr. Patel is beyond doubt. He is liable for the deaths and damage caused to every family and we must say so. It is important that the people who faced this tragedy get to know that they have limitation of time. They do not have all the time to finish this process. They have three years to file a civil suit under the law of tort for them to be paid. This is urgent because in 2014, 32 people lost their lives in Makueni when somebody sold them liquor that was nicely packaged. There was mourning and lofty statements, like the ones I heard in Nakuru; these statements were made but nothing happened. The person who supplied that liquor became a phantom and was never put to task. In fact, I am surprised that the owner of this dam and farm was given such a high profile position in newspapers about the Corporate Social Responsibility (CSR) that he does. This is what these people do. They keep dangerous things like sinking a dam with 2 million litres of water, like in this case, on a hill or a slope with a mud wall. They then employ people and educate a few children once in a while, and all of a sudden, they become a god and untouchable. He is said to have been well connected to all the regimes. How did one individual have 2 million litres of water on a hill that has a mud wall? It is beyond science. This thing was going to collapse at some point. It is nothing but greed. We have taken greed to the extent that human lives do not matter. The story of the two young boys; one a Kikuyu and the other one a Kalenjin, who held on to each other until the water passed while they watched another child drown next to them will replay in their memories for the rest of their lives. If we do not take action, somebody in WARMA or the national Government will cover it up. We have forgotten about Solai and we are now dealing the case of Ngirita. We have forgotten about 48 Kenyans who have no fathers, mothers or children. We do not even know where they are sleeping. Instead, we have a girl with nice hair on our news every day. Next is the Kenya Pipeline Company and that is the tragedy of this nation. People have forgotten about Solai and we must investigate this matter. There are two instances where this Senate did something of this nature and it has come to pass. The first one was on the issue of Kenya Airways. The Senate must be prepared because the National Assembly and other people will fight this Committee tooth and nail, and, therefore, we must work quickly. They fought us when we were looking into the issues at Kenya Airways and what was the result? Kenya Airways went under The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. First, I want to thank Sen. Kihika for bringing this Motion to the House, touching on the issues of Solai Dam. I want to accept my nomination as a Member to the proposed Select Committee to investigate the circumstances that led to the Solai Dam tragedy. I do not know why Sen. Susan Kihika thought that I should support her in this work. Immediately after this tragedy happened, my able Chairperson of the Committee on National Security, Defence and Foreign Relations led and his team swung into action. That team was the team was led by him to go to Solai to look at the situation, especially on matters of disaster response. Mr. Speaker, Sir, after that, I also went together with you and a few other Senators like, Sen. Malalah for the funeral service of the Solai victims. The stories 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.

Before we proceed, I have a communication on visiting students and teachers.

Thank you, Mr. Speaker, Sir, for this opportunity to contribute to this Motion. For a start, I join you in welcoming the students from Nandi County who are in the Gallery. I congratulate the Senator for Nakuru County for the commitment she has shown to the people who elected her since this tragedy occurred. I also support the creation of a Committee to look at what happened but with a caution that; if you go through the HANSARDS of this Parliament and the records, there have been many Committees. If there is no follow-up mechanism to enforce the recommendations of the committees, it just becomes a statistic. I urge this House that we bring back the Implementation Committee so that if the recommendations from this Committee come, we follow them to the end. What happened in Solai is not an act of God but that of a human being. They have told us of a Mr. Patel, his managers and so on. The problem in this country is not shortage of laws or regulations. The problem in this country is a shortage of those with the ability to enforce the laws to the letter. After this tragedy, that man called Patel and his managers committed several criminal offences. The least offence that would have been preferred against this man is criminal negligence. A very simple misdemeanor; not even that has been preferred. Malicious damage to property or murder - even that has not been preferred. If you hold a volume of water and it releases such venom on the public, that is malice aforethought and it leads to murder. Nobody has talked about that. I am sure after this debate which he is probably watching, Patel will enjoy his evening beer with a policeman who should be arresting and prosecuting him. That is the tragedy of this country. Mr. Speaker, Sir, we are told 48 lives were lost. I encourage the Senator for Nakuru County not to lose sight of also the properties that were destroyed. This is because not only lives of human beings were lost but their properties. Their animals have been swept away, houses destroyed, farms rendered unproductive and they are now destitute. Let me tell you; looking to Government for compensation without arm-twisting it will not work. We have a history of everybody turning up looking very sorry and holy, saying all manner of things, like, “No stone will be left unturned until we get to the bottom of this,” and it all ends with the cameras going off and we walk away. That is Kenya for you. That is the impunity that the Senator for Nairobi County has been talking about. Why has anybody in WARMA not been suspended or prosecuted? Even we, as lawyers, we are licensed to practice law and you renew your licence every year. So, you are not given a licence to construct and own a dam ad infinitum . It must be inspected and renewed annually. Have these dams been inspected? Have the licences been renewed? If they have not been inspected, who is responsible? If they have been renewed fraudulently, who is responsible? These are the big questions that we must be asking. 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 an opportunity to add my voice to this Motion. Before I go far, I would like to commend Sen. Kihika for bringing this catastrophe to the Floor of the House. It is important for the Senate to know what is happening on the ground. The whole nation is watching to see what exactly we will do about it. Are we going to intervene? We are the voice of the people and Sen. Kihika has spoken on behalf of her people. Mr. Speaker, Sir, I commend the idea of coming up with a select Committee to address this issue. This is important because it will investigate whether the catastrophe was manmade or divine. When there is a disaster, there is usually a lot of shock. There is need to investigate so that justice is not delayed, especially for the families that were affected. When I look at this tragedy, quite a number of people were affected; 50 people died. We cannot, therefore, take it for granted because their families are hurting out there. We need to stand with these families and ensure that we help them to heal. Mr. Speaker, Sir, there is also need for the Committee to investigate what exactly the WARMA is doing as a regulatory body. Did it take the right measures to ensure that Mr. Patel got the right papers? It has also come out clearly that Mr. Patel also had philanthropic activities that helped the community. So, there is need for this select Committee to investigate so that justice is not flouted in any way or delayed. Mr. Speaker, Sir, when it comes to compensation of the affected people, the bomb blast incident in the American Embassy is very clear because the families were compensated. The children of those who died in the tragedy were taken to school. If you make a follow up, you will find that these children now earn a living and they have been sponsored to good schools. So, the gap that was left when their parents died in this tragedy was filled. Mr. Speaker, Sir, there is need for the team to ensure that the gap that is left by the victims is filled. The children of those families need to have an education; they need to also benefit from the finer details in life. There is also need for psychological counseling for the families, especially considering that there are families which lost everything they owned. This incident happened around 8.30 p.m. at night. It took the villagers unawares and there was no way anybody could escape from it. Nobody expected their houses to be brought down or that they would lose their properties. Therefore, in a twinkle of an eye, these families were affected. Some of them did not wake up, but those who were lucky enough to survive woke up and found that they had no houses, cattle or property that they had worked so hard to get. By the time someone has established his or her family or home, they have spent a lifetime on it. These people woke up to find out that their homes and cattle were all gone. Therefore, this House should do something to ensure that there is compensation and psychological counseling for these families. This is because the victims of this tragedy will never be the same again and they cannot pick up the pieces. There is need for this team to investigate and I suggest that the report that comes from this team should not be taken for granted. This is because we want to arrest a situation like this from happening in the future. There are instances where reports are brought to the Floor of the House but The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I stand to support this Motion and congratulate Sen. Kihika for such an effort. I remember that on that fateful day, she endured the midnight cold to stand with the families. She has been very vocal when it comes to advocating for the rights of the victims who lost their lives and the families who survived. She is an able Senator who is executing her mandate very well. I was aggrieved when I attended the funeral service at Solai and the protocol officers there wanted to deny Sen. Kihika a chance to speak as a representative of the people of Nakuru. I condemn that act and shame those people who wanted to deny a representative of the people an opportunity to address the gathering, and speak out the truth. In fact, she was gagged and warned not speak the truth. The establishment of this Committee will now give you a chance, Sen. Kihika, to speak out your mind without intimidation. Mr. Speaker, Sir, I support my brother, Sen. Sakaja, on the issue of social injustice that is very sad. In Musanda Market in Kakamega County, there was a

rider who knocked down a school girl. He was charged in court for not renewing his driving licence. He was given a cash bail of Kshs100,000 which he has not paid to date. He is still in remand just because he did not renew his driving licence. It is sad that the people who caused the death of the Solai victims have not appeared before any court to be charged. Up to now, they are walking free. I feel very bad that such incidences have happened before and nothing has been implemented as per the recommendations that were made. I remember the Khuvasali Mudslide in Malava Constituency, where we lost twelve people. Up to now, nothing has been done. Commenting on the proposal by Sen. Sakaja that we expand the mandate of this Committee; I think that we shall be diluting the seriousness of the Solai matter. I suggest that we maintain the terms of reference of this Committee and address the incident independently. If need be, we can form another committee. Mr. Speaker, Sir, this matter is passionate to me,and that is why I had to go to the funeral with you. I remember you saying that I had already participated in a foreign trip, simply because you took me in a chopper.

I am passionate about this thing. I was asking Sen. Kihika why she did not include me in the Committee. If I am allowed by the provisions of the Standing Orders, I seek to move an amendment on the composition of the membership of the Committee to remove Sen. Sakaja: and replace him with Sen. Malalah since I am more passionate. Sen. Sakaja, you have other issues of Moi Nairobi Girls Secondary School and Huruma building collapse to handle. This House should vote on whether he should be removed and replaced with me immediately. 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.

You do not have a “passion-meter” to know how passionate---

Ona point of order, Mr. Speaker, Sir.

What is your point of order, Sen. Sakaja?

Mr. Speaker, Sir, the good Senator, Sen. Malalah who, it has been reported to me also calls himself “Super Senator” in Kakamega County, should know that he can be an additional member of the Committee if he wants. He does not gain by removing the real “Super Senator” from the Committee. In as much as we may look alike, we can both serve in the Committee.

Let us have Sen. Wario.

Asante sana, Bw. Mhe. Spika, kwa kunipa nafasi hii. Naunga mkono Hoja hii iliyoletwa na Sen. Kihika kuhusu janga la mafuriko lililotokea sehemu ya Solai. Nawapa pole zangu walioathirika na kuunga mkono Kamati ambayo imechaguliwa kwenda kuchunguza tukio hilo. Mambo ya Solai yalikuwa magumu sana na ya kusikitisha. Nawatangazia ya kwamba sehemu nyingi nchini mvua imesita wakati huu. Hata hivyo, kuna mafuriko mengi katika Kaunti ya Tana River tangu juzi kuliko wakati ule w amwanzo. Jambo hili linasikitisha sana. Maji yanayo beba watu sehemu hiyo ni yale yanayo achiliwa kwa makusudi kwenda kuathiri watu wa Kaunti ya Tana River. Bw. Mhe. Spika, mabwawa ambayo yanatumiwa kuzalisha umeme katika sehemu ya juu ya Mto Tana kama vile Masinga, Kindaruma na Kiambere yanaendelea kuachilia maji kwa wingi sana wakati huu. Ni ajabu sana kuwa wakati mvua imesita, maji yanabeba watu Tana River. Wakati huu ninapoongea, sehemu ya Tana Delta imezama kabisa. Miji yote iko nusu mlingoti ndani ya maji, majumba yote yamesombwa kuanzia sehemu ya Kipini mahali Mto Tana unaunganika na Bahari Hindi. Sehemu ya Kikomo, Kipao, Otole na Handaraku zote zimezama. Watu hao walipata nafuu wiki jana na w kurudi makwao, na mara ya nne wameondolewa tena. Wakati huu wanatangaziwa waende sehemu za nyanda za juu. Hakuna nyanda za juu upande huo kwa sababu yote ni sehemu ya maji. Bw. Mhe. Spika, wakati huu, watoto hawaendi shule. Ninaweza kukueleza yale Kamati hii inaweza kwenda kuandika kwa sababu niko na taarifa hiyo tayari. Watu upande huo wanaugua malaria kwa wingi, kuumwa na tumbo, kuendesha tumbo na maradhi ya ngozi yaliyoletwa na maji. Hali ni ya kusikitisha sana sehemu hiyo. Dunia yote na Kenya inajua kuwa Kaunti ya Tana River ndiyo sehemu ambayo imeathirika zaidi. Maji yote ambayo yananyesha sehemu za juu ya mlima Kenya, yanafuata mto huo na kuelekea Kaunti ya Tana River. Seneta wa Kaunti ya Tana River anafaa kuwa katika Kamati ambayo itaangalia maafa ya maji. Hii ni kwa sababu sehemu hiyo imeathirika na nyote mnajua. Hata nchi za nje zinajua kuwa sehemu hiyo imefurika na nyumba zote ziko nusu mlingoti ndani ya maji. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, hon. Senators. Sen. Malalah is not here but he had raised a point, although I did not have the ‘passionometer’ to know how passionate Sen. Sakaja is. However, I want to refer you to Standing Order No. 183 (2) which says:- “Whenever a Motion for approval of a list under paragraph (1) is moved in the Senate, no objection against the proposed membership of a Senator in a Select Committee shall be permitted and objections, if any, shall be formulated against the proposed membership as a whole.” So, we cannot remove only one Member of the Committee. You either reject the entire Committee or approve it. I hope that will guide the House. Proceed, Sen. Kwamboka.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute to this important Motion on the establishment of a Select Committee to investigate the circumstances that led to the Solai Dam tragedy. I thank the Senator for Nakuru County for coming up with this Motion and standing firm in solidarity with the Solai victims. I was among the Members who visited the affected area with our Committee on National Security, Defence and Foreign Relations. It was sad to see a place where people used to call home flooded and everything washed away, including the animals. Due to that tragedy we have orphans, widows and widowers. Some of the victims are still in the hospital and we do not know who will pay their bills.

Mr. Deputy Speaker, Sir, this was not a natural disaster alone. It was a natural/manmade disaster because there are people who slept on their jobs. An example is an institution like the WARMA. They have answers to give this House. Mr. Deputy Speaker, Sir, I am sure the Select Committee is up to the task, they will do a thorough investigation and accord justice to the victims. The Committee should not only look into the accusations listed here, but go deep and address allegations of mistreatment of workers in those farms. I do not know if they are insured despite the fact that they work for more than 8 hours without a break. They are subjected to harsh working conditions in the rose flower plantations. These allegations have to be looked into and the victims should be compensated. On the issue of forgiveness and spirit of living as brothers and sisters, I wonder why Mr. Patel cannot donate 300 acres to those victims out of his 4,000 acres of land so The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Kwamboka. Proceed, Sen. Poghisio.

Mr. Deputy Speaker, Sir, thank you very much for the opportunity to contribute to this Motion. To add my voice in concurrence to that of colleagues who have spoken before me, I would like to support this Motion and also congratulate the Senator for Nakuru County for the courage that she has shown in standing with her people. If anything like this happened in West Pokot, I would be here too, seeking the same kind of a select committee to deal with the issue that deeply touch the lives of our people. Crisis occurs also in West Pokot, but in other spheres of trauma and tragedy. When we have a tragedy like this one, we should always try and deal with the matter while it is hot, fresh and still captures our emotions. In this country, tragedies and such experiences overtake each other so fast. If the situation is not handled immediately, other tragedies come and take over. Therefore, the minds of our people are so quickly moved away. Mr. Deputy Speaker, Sir, this Motion wants to bring us back to think about that particular incident. The County of Nakuru has gone through so much in the last few years. However, the tragedy of that flood cannot and should not be swept under the rug. The reason I support this Committee is that it should be kept permanently on our minds. Why should we continue to solve problems of the same nature over and over again? We, as legislators, should come up with solutions that are not only reaching and affecting Rongai, Solai and Nakuru County, but those that can be applied to any such situations in the country. When I look at the list of those who have been proposed, they are Members of the Senate in good standing who will remain neutral and who will hopefully withstand any attempt to derail them. I am sure they will be fought, but I urge them to soldier on. They should stand firm and not allow their resolve to be swallowed, bought or to be otherwise convinced.

(Sen. (Prof.) Kindiki): Order, Sen. Poghisio! Are you trying to insinuate that there are some Members of this House who can be bought? Is that the direction you are going?

Mr. Deputy Speaker, Sir, I would never go in that direction. I am only affirming the Members who are in this list. In fact, if all the 68 names of the Senate were here, I would have said the same statement.

(Sen. (Prof.) Kindiki): Very well. Please, proceed.

Mr. Deputy Speaker, Sir, while we can solve the compensation lot and the other very obvious ways, there is trauma which is not very obvious and must be dealt with. There are people who will show signs of withdrawal for many years. 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. (Prof.) Kindiki): Thank you, Sen. Poghisio. You make it appear as if this House will pass the list on the basis of liking or not liking the list. However, I am sure that is not what you wanted to say. Order, Senators! I have a communication to make.

Asante Bw. Naibu Spika kwa kunipa fursa hii kuchangia Hoja ya mkasa wa Solai ambayo imeletwa na Seneta wa Kaunti ya Nakuru; Sen. Kihika. Kwanza, ningechukua fursa hii kutuma rambirambi zangu kwa mara nyingine tena kwa watu wa Nakuru kwa janga hilo lililowapata. Ninawaombea Mungu wale ambao Mwenyezi Mungu aliwachukua na aweke roho zao mahali pema peponi. Vile vile, ningependa pia kuchukua fursa hii kutuma rambirambi zangu kwa watu wa Kaunti ya Tana River ambao wamepata mkasa wa mafuriko na pia sehemu zingine zote za nchi ya Kenya ambazo kuna janga la mafuriko kwa sasa. Kwa hakika, majanga kama haya siyo ya kwanza nchini Kenya. Katika mwaka wa 1993, kulikuwa na janga kubwa la kwanza kabisa la feri ya Mtongwe ambapo zaidi ya watu 200 walifariki dunia. Wakati huo feri ilikuwa ni mali ya Serikali. Mpaka sasa, Serikali bado haijawalipa ridhaa wale ambao walipoteza maisha yao na wale ambao waliathirika na mkasa ule wa feri kuzama. Kwa hivyo, Mswada huu umekuja wakati mwafaka kabisa kwa sababu wakati wa sasa, Bunge linataka kuchukua hatua kali ili kuhakikisha kwamba mikasa kama hii ikitokea wakati mwengine, wale ambao wameathirika wanalipwa ridhaa ili iwe funzo kwa wengine. Bw. Naibu Spika, tukiangalia mikasa mingine kama vile Kyanguli, Sachangwan na pia maajuzi hapa, mkasa wa eneo la Pipeline wakati “pipe” ya mafuta ilipopasuka na kukatokea moto na watu wengi kupoteza maisha yao. Hata hivyo, mpaka sasa bado Kenya Pipeline Company haijaweza kuwalipa ridhaa.

(Sen. (Prof.) Kindiki): Order, Senator! Pipe ni mfereji. 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.

Ndio, ni mfereji. Asante Bw. Naibu Spika. Mifereji ya mafuta ilipopasuka, mpaka leo wale ambao waliathirika bado hawajalipwa ridhaa. Kwa hivyo, imekuwa ni mwelekeo kwamba janga linatokea, watu wanaomboleza siku mbili, wanatoa hotuba kali kali, lakini baada ya hapo, inakuwa ni jambo la kawaida. Kwa upande mwingine, tunaona kwamba janga la ufisadi ni kubwa zaidi. Hii ni kwa sababu zile pesa ambazo zingekwenda kwa matibabu ya watu wote ambao hawajiwezi na kusaidia wazee wale wanaolipwa ruzuku na Serikali, zote zinafujwa kwa sababu ya ufisadi. Bw. Naibu Spika, kwa hivyo, tungeomba kwamba Serikali ichukulie majanga kama haya hatua kali zaidi kuliko vile wanavyofanya kwa sasa. Hii ni kwa sababu, baada ya Serikali kutuma ujumbe na kusema kwamba, “tunasisitiza kwamba swala kama lile halitarudiwa” lakini tunaona mikasa kama hii inaenda ikirudiwa kila mwaka. Sababu ni kwamba hatuna msimamo thabiti kuhusiana na vile tunavyokabiliana na majanga kama haya. Leo Tana River imekuwa ni kama wimbo. Kila siku tunazungumuzia Tana River na imekuwa ni Kaunti ambayo inapelekewa misaaada ya chakula kila mwezi. Hii ni kwa sababu ya majanga ya mvua na mafuriko ambayo yanakabili watu wa Tana River. Bw. Naibu Spika, ningependa pia kuunga mkono maelezo yaliyotolewa na ‘Super Senator’ wa Kaunti ya Nairobi, Sen. Sakaja.

(Sen. (Prof.) Kindiki): Order, Senator!

Seneta ‘spesheli’ Sakaja.

(Sen. (Prof.) Kindiki): Order, Senator! Can you do the right thing?

Bw. Naibu Spika, naondoa neno ‘Super Senator’. Nasema Sen. Sakaja ambaye ni Seneta wa Kaunti ya Nairobi. Ni Seneta wa jiji kuu kama vile mimi, Seneta wa Kaunti ya Mombasa na Seneta wa Kaunti ya Kisumu.

(Sen. (Prof.) Kindiki): Sema Seneta wa Kaunti ya Nairobi.

Bw. Naibu Spika, nakubaliana nawe na ninaondoa hiyo. Sina haja ya kuomba msamaha kwa sababu ni jambo ambalo ni zuri kwake.

(Sen. (Prof.) Kindiki): It is like you are introducing another hierarchy other than what is in the Standing Orders.

Asante Bw. Naibu Spika. Kwa hivyo, ninasema kwamba maswala yale ambayo yanawakumba ndungu zetu wanaoishi katika vitongoji duni ni maswala ambayo lazima tuyaangalie na tuhakikishe Sheria imetumika sawa sawa katika sehemu zote za Jamhuri ya Kenya. Tumeona kwamba maswala ya ubakaji katika maeneo yale ni maswala ya kawaida. Mimba zisizopangwa na uwaviaji mimba kiholela ni mambo ambayo yanatokea The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Asante sana Sen. Faki. Sen. Sakaja, nothing prevents you from transacting that ‘Super Senator’ business elsewhere. For example, when you are opening a cattle dip or when you are in some rally in some corner in this country, nothing prevents you from using it. However, here we have to follow the Standing Orders. Proceed, Sen. Kinyua.

Asante sana Bw. Naibu Spika. Mimi ninasimama kuunga mkono Hoja hii. Kwanza kabisa, ninamshukuru Seneta wa Kaunti ya Nakuru, Sen. Kihika, kwa kuleta Hoja hii. Ninasema tena, pole kwa wale waliopatwa na janga hili pale Solai, Nakuru. Kwanza ningependa kusema ya kwamba, itakuwa ni vizuri kama vile Spika alivyosoma akatuambia kwamba tunaweza kuongeza majina. Kwangu itakuwa ni kosa kama tutapitisha haya majina bila kumwongeza Seneta wa kutoka Kaunti ya Tana River. Hii ni kwa sababu, ukiongea kuhusu mambo ya mvua kunyesha na watu kubebwa hata na maji, yeye mwenyewe anauzoefu, anaujuzi na watu wake wamekuwa wakikumbwa na hilo janga mwaka nenda mwaka rudi.

(Sen. (Prof.) Kindiki): Order, Senator!

“Order” means, order. The Standing Orders do not allow amendments of such a Motion. You either approve the names as they are in total or you reject them in total. That is straight forward. So, we can proceed. This issue is settled in the Standing Orders. If you want to pursue an amendment of the Standing Orders, you can ask for what to do elsewhere; not here.

Asante sana Bw. Naibu Spika. Umenijibu kikamilifu. Nakubaliana nawe mia kwa mia. Kwanza kabisa, kuhusiana na janga la bwawa la Solai, idara husika zilifanya kazi duni kabisa. Zimezembea katika kazi, hasa halmashauri ya WARMA. Walikuwa wamepeana leseni kwa bwawa ambalo lilivuja na baadaye maji yake yakawasomba watu. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senators! Proceed, Sen. Kinyua.

Kwa hivyo ni vizuri sisi sote tufuate sheria. Sheria ya Kenya ni dhahiri kabisa. Tunapaswa kuishi kama Wakenya kwa mujibu wa sheria zilizowekwa na tuzifuate ipasavyo. Ninaunga mkono Hoja hii. Hii kamati ambayo tumeteua siku ya leo ifanye kazi yake na wafuatilie vizuri kisa na maana ya jambo hili kutendeka. Kusisemekane huyu ni muungwana ambaye ni mmiliki wa mabwawa. Mkifika pale anapaswa kuulizwa maswali na ajibu vililvyo ili ijulikane wazi asiwe yeye maisha yake ni mazuri zaidi kushinda wale wengine. Inasemekana kwamba kwa sababu ana yale mabwawa anaajiri vijana wawili kazi, anajenga shule na hospitali. Hospitali tutazitengeneza za nini ikiwa watu wote watakuwa wamekufa? Shule ni ya nini ikiwa watu wote watakuwa wamesombwa na maji? Itakuwa ni bure na haina haja yoyote. Kwa hivyo tukubaliane na wale watakaotuwakilisha pale kama kamati waonyeshe ule uadilifu wetu kama Seneti kwa sababu sisi sote tujuavyo ni Waheshimiwa, watu waliomakinika na watu ambao wataangalia haya maneno kwa njia ifaayo. Tukifanya hivyo, jambo lolote likitendeka hapa, Seneti ikichunguza iweke jambo la kudumu – mambo ambayo tutakuwatukiyafuatilia. Tusiwe watu ambao kazi yao ni kukimbia wakati jambo limetendeka. Tunapaswa tuzuie kwa sababu Mswahili alisema ni bora kuzuia kulika kuponya. Asante sana Bw. Naibu Spika.

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): Well done, Sen. Kinyua. Very fine Kiswahili. You even go the proverb right; yaliyopita si ndwele, tugange yajayo because I am told there are others who put it differently; yaliyo ndwele sipite ---

Order! What is it, Sen. Sakaja?

Bw. Naibu Spika, nina hoja ya nidhamu. Umempongeza Sen. Kinyua kwa kutumia misemo ya Kiswahili lakini ile aliyomalizia sio msemo wa Kiswahili. Ni msemo wa Kiingereza ambao ametafsiri na akasema ni Mswahili alisema. Naomba atueleze ni Mswahili yupi aliyesema ama Wahenga walionena kwa sababu hiyo ni kwa Kiingereza wanasema; prevention is better than cure wala sio ni bora kuzuia kuliko kutibu.

(Sen. (Prof.) Kindiki): Sen. Kinyua, ni Mswahili yupi aliyasema haya maneno?

Bw. Naibu Spika, ni vizuri nimweleze Seneta wa Kaunti ya Nairobi ya kwamba haya yalisemwa na Mswahili wa kutoka Mlima, pale Unguja. Aliyesema vizuri kabisa. Ni vizuri aviangalie vitabu vyake vya Kiswahili. Ataona hivyo.

(Sen. (Prof.) Kindiki): What is it Sen. Mutula Kilonzo Jnr.?

Bw. Naibu Spika, nipe nafasi pia niseme kwamba nakubaliana na Seneta wa Laikipia kwamba msemo huu ni wa Kiswahili. Kuzuia ni bora kuliko kuponya.

(Sen. (Prof.) Kindiki): What is your evidence?

Bw. Naibu Spika, rudia kwa Kiswahili.

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

Bw. Naibu Spika, ukinipa nafasi, kesho nitakuja na vitabu vya Kiswahili; darasa la kwanza, darasa la pili na darasa la tatu.

(Sen. (Prof.) Kindiki): Do not go there, Senator. What is it Sen. Faki?

Bw. Naibu Spika, ndugu yetu Seneta wa Laikipia angetumia msemo “usipoziba ufa, utajenga ukuta.” Huo ndio ungekuwa msemo mwafaka kwa kumalizia hotuba yake.

(Sen. (Prof.) Kindiki): You should have declared that you are coming to the rescue of Sen. Sakaja. Very well. Proceed, Sen. Kasanga.

Mr. Deputy Speaker, Sir, I thank you for this opportunity. I rise to support this Motion by the Senator for Nakuru County; Sen. Kihika. I commend her for keeping this issue alive, for being very passionate about it and for speaking for people without voices as we have heard on the connotation of the Animal Farm. This is indeed true leadership. I commend you. Keep it up. 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.

Bw. Naibu Spika, asante kwa kunipa nafasi hii ili nichangie yale niliyonayo kuhusu mjadala huu wa mafuriko. Kabla sijaendelea, ningependa kumshukuru ama kumpongeza Sen. Kihika kwa kuuleta mjadala huu hapa. Mkasa Huu ulifanyika The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Kindiki): Order, Senators! Order, Sen Mutula Kilonzo Jnr! If you want to help your colleague, you know what to do. Endelea, Seneta.

Twaweza kufanya kilimo cha kunyunyizia maji mimea, kwa sababu kwa vile mvua ni haba kule kwetu. Gavana aliyeko kule anayeona yale mambo, angehakikisha kwamba kuna mshiko fulani wa maji kuhakikisha kwamba maji hayo hayatafika kule kuwamaliza watu. Yatakikana majai yale yakingwe ili yasiwe yakifika kule ili wananchi wayatumie kwa kunyunyizia chakula. Hili ni jambo ambalo halifanyiki, na serikali ya kaunti na ya kitaifa zimekosa kushirikiana kwa ujumla katika jambo hili. Ni sisi ambao tunaangalia yanayofanyika, maanake tuko katika kaunti zetu kila siku. Mambo haya yanafanyika Kenya nzima; sio Nakuru, Kilifi ama Tana River peke yake. Yatakikana tuyaangalie haya mambo na tuwe na mfuatilio ili tufaulu. Hata mtoto kufanya vizuri, lazima kila siku uwe unaangalia vitabu vyake. Sasa sisi tukishapeana mwelekeo, tunaacha kabisa na hatuafuatilii tena. Lazima kuwe na mfuatilio, mshikamano na kusaidiana. Asante, Bw. Naibu Spika. Naunga mkono.

Sen. (Prof.) Kindiki): Asante sana, Sen. Zawadi Gona. Proceed, Sen. Khaniri. I hope you will continue in Kiswahili, since, it is Kiswahili day.

Asante sana, Bw. Naibu Spika; nitajaribu.

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

(Sen. (Prof.) Kindiki): Order Senators. Sen. Khaniri, you know once you start debate in one of the two languages that are permissible, you are supposed to proceed seamlessly until the end. The patchwork you are doing runs a foul to the Standing Orders and it is too late now to change. Preparedness ni nini?

Bw. Naibu Spika, utakubaliana nami kwamba nilipoanza kuzungumza, nilisema kwamba nitajaribu kwa sababu mlitaka nizungumze Kiswahili. Kwa hivyo najaribu na naomba uniwie radhi.

(Sen. (Prof.) Kindiki): Endelea.

Nimeambiwa preparedness ni matayarisho. Kamati hiyo lazima iangalie matayarisho ambayo serikali zetu zote mbili, yani serikali za kaunti na Serikali ya kitaifa, zitaweka ili kukabiliana na majanga kama hayo yanapotokea. Mara nyingi majanga kama hayo yanapotokea katika taifa letu, watu ninaoona ni maafisa wa Shirika la Msalaba Mwekundu. Wao huwa watu wa manufaa sana katika nchi hii majanga yanapotukumba kama taifa. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Asante sana. Ku-compensate ni kulipa ridhaa.

Nashukuru Bw. Naibu Spika kwa kunirekebisha. Serikali inafaa iwalipe ridhaa wale waliopatwa na mkasa huo.

(Sen. (Prof.) Kindiki): Asante sana Sen. Khaniri. Hivi majuzi Sen. Pareno alituambia vile walikuwa wanasema kule katika Bunge la Jumuiya ya Afrika Mashariki mahali lugha ya Kiswahili ilizaliwa, mahali ilipata maradhi na mahali ilikumbana na mauti. Najua unatoka karibu na mahali lugha ya Kiswahili ilikumbana na mauti lakini umejaribu sana. Very well---

Point of order!

(Sen. (Prof.) Kindiki): What is it Sen. Sakaja of Nairobi City County?

Bw. Naibu Spika, nilikuwa na hoja ya nidhamu wakati Sen. Khaniri alikuwa anazungumza lakini nakubaliana na vile ulisema. Wahenga walisema kupanda mchongoma, kushuka ndio ngoma. Alipoanza alikuwa na ari ya kuzungumza Kiswahili lakini akapata hitilafu baadaye. Kiswahili kinafaa kutukuzwa na Wakenya wamefurahia kwa sababu amejaribu. Naomba tutenge siku moja kwa wiki iwe siku ya Kiswahili ili Maseneta wote wajaribu kupata umaarufu wa kuzungumza Kiswahili.

(Sen. (Prof.) Kindiki): I am sure if I put the question, the Motion will lose. If I put the question, I am not so sure that the Motion will carry the day. Order, Senators, we are moving towards the end. Let us now have Sen. Prengei. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Mr. Deputy Speaker, Sir, for giving me this opportunity to also put my contribution towards the Motion. I support the Motion by our Senator, Susan Kihika, because there is so much that happened during the tragedy. There was loss of lives and properties, businesses were disrupted and there was also soil degradation. Mr. Deputy Speaker, Sir, as the Committee is being formed, I know that they will try to answer the questions that are lingering in the minds of the people of Nakuru County and Kenyans as a whole. First, it is alleged that there were early warnings as early as 2016. The residents of Solai raised an alarm that the said dam was leaking and information was ignored. Secondly, it was alleged that the dam is operating without a licence. I know that the Select Committee will be looking at that and also if there was an Environmental Impact Assessment that was done before the issuance of that license. Thirdly, it is alleged that the owner of that particular dam has illegally diverted several rivers into the dam for commercial use. In addition, I believe that the Committee will address the issues that have been raised by the people of Nakuru County in order to bring justice to them. Finally, as the Select Committee does its work, it is good that they come up with short-term and long-term solutions. Short-term means we have to look at the situation on the ground and immediately address what is happening. As a long-term solution, we need to ensure that the same incidences do not happen in future. Thank you.

Thank you, Mr. Deputy Speaker, Sir, I also want to join my colleagues in, first and foremost, registering my own condolences to the families of about 50 Kenyans who passed away during the Solai Dam Tragedy. For the surviving members of those families, I want to register my sympathy with them. I hope that they will live long enough to see that justice is done to them. Secondly, I also want to join my colleagues in passing my congratulations to the Mover of this Motion, Sen. Kihika, who has come out passionately in support of the people of Nakuru County whom she ably represents before the Senate. Thirdly, before I make my contributions, I want to register my support for the nine Senators who have been nominated to serve as Members of the Select Committee. All of them are able Senators, and I have no fear that they will do a good job. I do not know how to measure the passion of Sen. Sakaja, but I hope he will vindicate himself when the time comes. I begin by looking at the national values that govern us under Article 10 of our Constitution that we enacted in 2010. One of the values, which I must say some business people in this country never pay attention to, is one that talks about human dignity. This means treating every Kenyan and giving each Kenyan the human dignity that they deserve – social justice and equity. Without sounding to be a racist, I must register my concern that there are members of some communities in this country who do not treat Kenyans like human beings. I was listening to the contributions of Sen. Kwamboka,who said that the Committee on Defence, National Security and Foreign Affairs paid a visit to the Solai Dam. They were saddened by the inhuman conditions in which the people working in Solai Dam were serving. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Omogeni. There being no other interest, I now call upon the Mover to reply. She may reply in Kiswahili or English in accordance with the Standing Orders.

(Sen. (Prof.) Kindiki): Order, Sen. Kihika. You are not on record.

Thank you Mr. Deputy Speaker, Sir. If I attempt to reply in Kiswahili, I might kill a very popular Motion by my incompetence.

(Sen. (Prof.) Kindiki): Now that Kiswahili died in Uganda, you might bury it.

Thank you Mr. Deputy Speaker, Sir. I beg to reply. I am grateful and thankful to all the Senators who have contributed and supported the Motion. As much as we say that we cannot measure passion, I feel the passion in support of the Motion in the House. I thank all the Senators and let them know that I have taken note of all the issues, suggestions and proposals raised. Hopefully, in the event that the Motion passes, I will be able to bring them before the Select Committee. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Hon. Senators, I determine that this is not a Motion concerning counties. Therefore, we shall take a vote by way of acclamation.

(Sen. (Prof.) Kindiki): Let us move on to the next Order.

Mr. Deputy Speaker, Sir, I beg to move that the County Governments Retirement Scheme Bill (Senate Bills No.6 of 2018) be now read a Second Time. This Bill was published on 7th March, 2018 and read for the First Time in this House on 27th March, 2018. The principal object of this Bill is to establish the County Governments’ Retirement Scheme as a mandatory scheme for all county government officers, provide for the establishment of the Scheme’s Board of Trustees and provide for the management and administration of the Scheme. According to Robert Palacios and others, 2006 Publication, they say- “The rationale for setting up retirement benefits arrangements are similar to both the government and private sector employers. Government sets out schemes to secure the independence of public servants, make career in public service attractive against the backdrop that the private sector pay higher remuneration, shift the cost of remunerating public servants into the future and retiring older civil servants in a politically and socially acceptable way.” The Future of Corporate Pensions, 2010 Publication says that- “Similarly, the intention of sponsors of occupational private sector schemes even to the current times is to attract and retain talent and skilled workers.” In a survey conducted in the United Kingdom (UK) where 201 executives were interviewed, it showed that by establishing retirement benefits plans, it made them to remain competitive with the other companies in the same sector. A generous well done pension scheme is a source of differentiation and a tool for recruitment and retention. Companies recognise that they have a duty to provide for their employees in retirement. Mr. Deputy Speaker, Sir, before I delve into the contents of this Bill, allow me to give a brief background so that Members can understand where we have come from. I also bring to the attention of Members that the Report of the Committee is available. This The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Sen. Sakaja! You were otherwise doing well.

Mr. Speaker, Sir, let me stick to the contents of the Bill. The Bill was read the first time in the Senate on 6th August, 2014. However, the Bill was lost during the second reading on 28th July, 2015. Consequently, the Senate Standing Committee on Labour and Social Welfare in the Eleventh Parliament embarked on a process of coming up with a new Bill for introduction in the Senate as per the recommendations of the Intelligence Technical Committee. This Committee had all the stakeholders involved. I will request that we attach that to the report that is being circulated. All of the stakeholders approved a version of the Bill that would take care of all the interests, fears and hopes of the millions of Kenyans whose future we intent to secure. A draft Bill that considered that was submitted to the Standing Committee by the task force chaired by the former chairperson of the now defunct TA, Mr. Kinuthia wa Mwangi. The task force was set up by the Committee at a stakeholders’ forum in October, 2015. On conclusion of its work, they submitted a draft report to the committee which included the Bill that I have mentioned and the Report was signed by all the stakeholders. The Bill was then published on 2nd, December, 2016 and read for the first time on 23, February, 2017, for the second time on 9th June, 2017 and then passed on 15th June, 2017. The Bill was then referred to the National Assembly where it lapsed in the Eleventh Parliament. Due to the importance of the Bill, the Standing Committee on The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Sakaja. You were entitled to 60 minutes. You still have 42 minutes.

Thank you, Madam Temporary Speaker. I want to assure Members, because I have seen that their faces have dropped, that I will not take all that time, especially as the Mover of the Bill. Madam Temporary Speaker, the Bill provides for the membership of the Scheme without a sponsor, the vesting of benefits and withdrawal from the retirement savings account and retirement from the service, among others. It also sets out the prohibited payments from the Scheme. Clause 22(2)(a) provides that- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I beg to second the County Governments Retirement Scheme Bill (Senate Bills No. 6 of 2018) as ably moved by the Chairman of my Committee, the Senator for Nairobi City County. Allow me first to also congratulate you for being appointed to the Speaker’s Panel. It will allow us to get used to “Madam Speaker” without putting the “Sir” as some people have done today. You notice that the Mover of this Bill has gone into great details to move the Bill in such a way as to make it easy for all of us to debate. I second by just adding bits to what he has already said, the details of which are in the Bill. I would like to congratulate Sen. Sakaja for such great detail in moving the Bill. Of course, it affirms that he is an expert in this area and so, he can speak to this information. The name “county governments” that is implied there does not preclude employees of the national Government or any other organization. It gives us an opportunity, therefore, as we merge this existing schemes to make one, not to lose anything in the process. I hope that the smooth transition can be attained. I would like to dwell mostly on the formation of the Board of Trustees. At this point, I particularly pick on something that has become very common. We put in all requirements for Boards of Trustees that they should meet the requirements of leadership and integrity as set out in Chapter Six of the Constitution. This is common. Despite saying that we are surprised when we see the kind of people who end up in the trustees’ 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.

Did you say “my Speaker?” Is it your speaker or the Mover?

What did I say, Madam Temporary Speaker?

You said: “My Speaker has moved.”

Madam Temporary Speaker, the Speaker cannot move. When I said that, I meant ‘my Chairman,’ because you cannot move even if you wanted. There are certain provisions which are very standard. We will bring amendments on the Floor of the House because there are certain things that are basic to make sure that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, thank you, for giving me this opportunity to contribute to this Bill. First of all, the county retirement benefit is very important, especially with an Executive that is changing every five years. It is very commendable that we are creating this fund to ensure that the security of the counties is taken care of in terms of their retirement to give the county workers a decent retirement. From what I have read, this fund gives people opportunity to even save extra if they wanted. That creates a saving culture which gives them better ability to have a decent retirement. Any pension scheme usually creates funds where Kenyans, the Government or anybody else can borrow which are also beneficial to the economy of this country. This is a welcome venture. I am glad that the Senate is bringing it up. Madam Temporary Speaker, one of the amendments that we should have in the Bill is that the trustees should be trained according to the Retirement Benefits Act. When we talk about evaluations and actuarial audits, those are two different functions in retirement benefits that have different functions in that actuaries determine the value of the fund vis-à-vis the retirement age and other considerations in terms of their current salaries while auditors do a health check on the finances. They also give us assurance that the assets that exist in both funds are also real and not imaginary as we have witnessed in the National Youth Service (NYS) saga. Let me look at the specific provisions in this Bill which I feel need to change. I do not know how many minutes I have left because I have very many suggestions.

Hon. Senator, you still have 11 minutes.

Thank you, Madam Temporary Speaker. Looking at the Preliminary, there is a definition of “approved issuer” which reads that it is according to the definition in the Retirement and Benefits Act and Regulation. As you are aware, 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.

Your time is almost up.

Madam Temporary Speaker, I still have so many---

You have four minutes.

Okay. Madam Temporary Speaker, I still have some contributions to make. Could I ask for your indulgence to give me some more minutes because this is where money is concerned and it is so sensitive? There is also Part IV, that is, Clause 22(2)(d) which states- “The fund manager shall, in addition to the duties prescribed under the Retirement Benefits Act- (d) Provide regular information on investment strategy, market returns and other performance indicators to the Board;” On this one, to say “regular” is not good enough. It should provide the specific time. For example, I will recommend at least four times in a year the way the meetings are. Each meeting should provide that information. Otherwise, the investment managers will go into slumber and you will never realise. That way, the members will lose their money. I am also going to bring all these amendments anyway. I am just giving feedback so that the Committee starts thinking about them. Clause 23(2)(c) states- “The custodian shall in addition to the duties prescribed under the Retirement Benefits Authority- (c) receive and keep in safe custody the title documents, securities and monies of the scheme in trust for the members and beneficiaries.” I propose we also include interests and any other investment income. That needs to be included. Otherwise, people might pocket that money. In the same Clause, there is a provision which says: “Provide reconciliation on a regular basis.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker.

What is your point of order, Sen. Malalah?

Madam Temporary Speaker, I stand to be guided; is it in order for the hon. Senator to take us through the amendments and yet she is just supposed to second the Bill? I think she should be addressing the gist of the Bill generally not to take us through the specific amendments. I would suggest that she address the generalities of the Bill and not the specific amendments. That can be done in the Committee of the Whole. Thank you.

Sen. Farhiya is in order. The Bill was seconded by Sen. Poghisio and she is contributing to the Bill. So, she is quite in order. Please, proceed.

Thank you, Madam Temporary Speaker. There is also Clause 29 which is just a repeat of Clause 28. Particularly, Clause 29(2) is a repeat of Clause 28(2). The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. Farhiya! Your time is up, but I have added you another two minutes.

Thank you, Madam Temporary Speaker for your indulgence. Another Clause that was addressed by the Chair is Clause 37. I am still of the view that Clause 37(a) should be deleted because the essence of retirement benefit is to save for retirement. If the person has worked for 40 years and he is still working for the same institution before withdrawing his funds, what we should be asking is; if the county government can continue contributing to the fund because you already have an employment--- If we cannot do that then at least be fair to the member by deleting Clause 37(a) because the person is still in gainful employment and he or she does not need to take that fund. Lastly, in Clause 39, in terms of sharing the reserves, we should continue creating the reserve to give members some more income on a yearly basis. However, if anybody leaves, that pension should be shared among the members so that that member who is leaving can get his or her share at that point. This is because if you allow reserves to accumulate without giving benefit to the members who are leaving, this can bring litigation in future years to the trustees. This is because someone would have contributed money when he was an employee and he would not have left with his benefits if the reserve is left like that. Thank you for adding me the extra time.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until tomorrow, Wednesday, 6th 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.