(Sen. (Prof.) Kindiki): Hon. Senators, I hereby report to the Senate that a petition has been submitted through the Clerk by Rev. David Muganda on behalf of Kibera Internally Displaced Persons (IDPs). As you are aware under Article 119(1) of the Constitution, which states:- “Every person has a right to petition Parliament to consider any matter within its authority including enacting amending or repealing and legislation.” Hon. Senators, the salient issues raised in the said petition are: (1) That an estimated 90,000 IDPs were displaced in Kibera during the 2007/2008 post-election skirmishes. (2) That Parliament discussed and passed a budget for the fiscal year 2016/2017 for IDPs integrated resettlement. (3) The Chairman of the National Coordination Consultative Committee (NCCC) confirmed that over 90,000 integrated IDPs were to be settled with this amount. (4) The Government of Kenya has the list for IDPs who genuinely deserve allocation through the NCCC office. (5) The government accepted the Kibera IDPs through the then District Commissioner for the fund payment and resettlement. (6) That many IDPs were left out of the government disbursement allocation. The petitioners therefore pray that the Senate investigates this matter to ensure:- (1) There is full compensation of the IDPs as per the Government list. (2) That a thorough scrutiny is done to the records of payment of the NCCC. (3) That the office of the NCCC on IDPs should be operationalized to serve its citizenry. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I acknowledge that this is a matter of great importance. I am of the view that this matter be handled with some urgency because we are alive to the fact that in 2007, there are some communities which were affected. It is sad that certain communities in this country have been resettled, yet other communities have not. We want an audit of those who have been resettled and those who have not been resettled. It is sad, Mr. Deputy Speaker, Sir, that in December, 2007, I happened to bump into a group of people who had come to collect Kshs50,000 each at the Kenya Commercial Bank (KCB), Kakamega Branch. When I interrogated them, they told me that they had been told to register as IDPs in Lugari and Nautuma area just to get the payment. It is clear that there is a lot of misappropriation and conmanship in the disbursement of these funds to IDP beneficiaries. Therefore it is important that we look into this petition with a lot of seriousness. We know that Kibera was a hotspot and it is important we look into this matter with a lot of seriousness. As a House, we need to interrogate what has been paid so far and which communities have benefitted from the fund. Thank you, Mr. Deputy Speaker, Sir.

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

Mr. Deputy Speaker, Sir, in support of the Petition, the matter of Internally Displaced Persons (IDPs) in this country is almost becoming a business venture for some people. It will be important that this Petition begins the process of closure on the matter of IDPs and compensation in this country because it is common knowledge that there are a lot of people, not even mentioning communities, who have coalesced and formed groups whose business has just been to move from one camp to another, seeking compensation. As a matter of urgency, it will be important to have a clear list of exactly who the IDPs are. This country needs to know how much money the Government has spent on resettlement of IDPs, which camps of genuine IDPs exist today and when will those camps be closed, so that we move on as a country. I support.

Thank you, Mr. Deputy Speaker, Sir for allowing me to comment on the issues of IDPs. This is a matter that disturbs the core of human beings and the ability to make a living. I concur with my colleagues who have said that it is now becoming a business. There is a lot of unemployment in this country. So, people find it easy to move from rural 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 Nubians.

Thank you, Senate Majority Leader. Those are the genuine IDPs.

(Sen. (Prof.) Kindiki): Order! You have received information unprocedurally. So, do not disclose the source of the information.

Mr. Deputy Speaker, Sir, the Senate Majority Leader should seek for an opportunity to give information on a point of information. The people I know are genuine IDPs are the Nubians in Kibra. Anyone else who leaves his or her home and migrates to this beautiful Nairobi City to look for a job takes advantage of any skirmishes in this country. This Petition is timely because it gives us an opportunity to identify who a genuine IDP is. If we talk about the Maasais from Baringo who were displaced from their home area, then we can justify that those are genuine IDPs because people were kicked out from their area in Makutano. It is important for us to ensure that people in this country do not take any opportunity to make money. We should endeavour to help Kenyans and especially young people to have a future. That is why I keep on saying that the best thing for this House to do is to commit its time to fight for devolution. If we stop rural-urban migration and if we devolve more funds to rural areas, we will solve the problem. In supporting this Petition, I encourage the committee that will be tasked to look at the matter to go and identify who the real IDPs are. They can do so by looking at the identification cards. If you were born in Olombogishi in Narok, you have no business claiming that you are an IDP.

(Sen. (Prof.) Kindiki): Order Senator, be brief and focused.

Thank you, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I stand to support this Petition because it touches on people’s lives. However, we also need to know the people who take advantage of every situation. As Sen. Olekina said, they find opportunity in everything. The committee that will be set up should come up with proper investigations and tell us the genuine people and guide this nation. Investigations have been done in the past but the credibility and genuineness of our reports have always been questioned. The committee tasked should give this Petition the proper attention that it deserves, so that the report that will come will be a true report which will portray what is happening on the ground. There are people who have suffered and we need to pay attention to that, so that those who are genuine and they are suffering do not continue suffering. However, we also need to deal with those who are not genuine because that has been happening.

Mr. Deputy Speaker, Sir, I salute the residents of Kibra who have brought the Petition. Whichever committee you will send this Petition to should probably broaden the approach and try to bring the whole saga of IDPs in this country to an end. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I rise to make my brief comments about the Petition. I am a little concerned about this Petition and especially the question of 90,000 IDPs. From my own understanding, IDPs are people who were moved from their existing occupation or land that they used to occupy. If 90,000 people were moved from Kibra, there could have been a crisis and where did they go? Secondly, there is a possibility that although this Petition is restricted to Kibra, you are going to open a Pandora’s Box. This is because land was purchased in areas like Rongai in Nakuru County and the IDPs were not allocated that land. Thirdly, my concern is what happened to the land where these people were displaced from? Where did this land go and to who? The concern in this Petition and money that the Government has utilized, so far, in my own view, will expose yet another scandal of people who have been paid either twice, thrice or people who were not displaced. I am aware of people who went back to their homes in various places in the country, but still benefited from this money. Mr. Deputy Speaker, Sir, as I said, this Petition will expose many issues that we should not expose. Finally, you must be prepared---

Why?

(Sen. (Prof.) Kindiki): Order, Sen. Malalah! This is the Senate of the Republic of Kenya.

On a point of order, Mr. Deputy Speaker, Sir. Is Sen. Mutula Kilonzo Jnr. in order to say that we should not expose the rot that is in our society?

(Sen. (Prof.) Kindiki): What is out of order?

Mr. Deputy Speaker, Sir, that the imagination that the Senate cannot expose the rot. Our mandate is to ensure that we expose the rot in this country. That is the spirit of this Petition.

(Sen. (Prof.) Kindiki): Order! Under what Standing Order are you rising to make your comments?

Sen. Mutula Kilonzo Jnr., do you want to respond?

Mr. Deputy Speaker, Sir, there is a mispresentation on my part. What I am simply saying is that the exposure of corruption and displacement might also expose the wounds that we want to heal. These are the wounds about tribal clashes, alienation and movement of people. That is something that we must be prepared to deal with. We cannot deal with the compensation and fail to deal with why people were moved from their ancestral homes. That is a concern.

(Sen. (Prof.) Kindiki): Very well. I will allow three more comments. Sen. (Dr.) Musuruve followed by Sen. Kinyua and, finally, Sen. Sakaja.

Thank you, Mr. Deputy Speaker, Sir for giving me this opportunity to add my voice to this Petition. I want to commend the people of Kibra Constituency for coming up with this Petition. The issue of IDP is an issue that we cannot ignore. I support my fellow Senators who have asserted that there is need to intervene and see how they can be resettled. However, in as much as we feel there is need to resettle the IDPs, there is need also to identify who exactly are the genuine IDPs and who are the brokers. In such a situation, we also find that there are many brokers who will come in the name of IDPs. There is need for them to be settled. However, the Committee should be hawk-eyed and ensure only genuine IDPs are resettled. Mr. Deputy Speaker, Sir, I can imagine their pain and I feel for the IDP families. I can also feel the psychological trauma that they are going through because of the displacement. Therefore, there is need to intervene with speed and ensure that we settle them. After they are settled, they will affirm that the Senate intervened to sort out their issue. We were elected to serve our people. We must ensure that we reach out to them and sort out their issue. Further, the issue of psychological trauma also has to be dealt with, with utmost speed. If we do not do so, children will continue to suffer and they will not perform well in schools and eventually they will be a burden to the society. Our core business is to ensure that we come up with leaders who can lead this country. We can also have children from the IDPS who can lead this country. If we intervene on this issue, the children will remember us and they will be great leaders in this nation. I beg to support this Petition in all ways. 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. Kinyua, make it brief and to the point.

(Sen. (Prof.) Kindiki): I had already closed further requests because this is a Petition, not a Motion. Sen. Sakaja.

Thank you, Mr. Deputy Speaker, Sir, for your kind indulgence. I did not request earlier because I had not seen the facts. I have managed to go through the Petition. In as much as we must acknowledge that every Kenyan has a right to petition this Parliament on any matter that is of concern to them within our authority. However, the matter of IDPs is a matter that cannot be spoken about forever in this country. When many of the IDPs of 2007/2008 were resettled and were paid during the first and second times, we saw cases of fraudulent Identification Cards (IDs). I remember a case where some were asked to point out where their houses used to be and they said because of trauma, they could not identify their former farms. They were not IDPs. Mr. Deputy Speaker, Sir, the population of Kibra Constituency is 178,000. If 90,000 people were displaced from Kibra which is more than half of the Constituency, it would be noticeable throughout the country. So, even as we admit it and we listen to them, let us use the opportunity to put a final end to the issue of IDPs and displacement. Also, let us set a standard in this House when petitions come, to do some little verification and accuracy. If I got a petition saying 1.9 million IDPs were displaced, no one would take it seriously. In the same manner, it is common knowledge that the population of Kibra Constituency has been 178,000 since 2008. There is no way half of the constituency consists of IDPs who left Kibra Constituency. We would be glad to participate in the Committee when they go through this so that those who actually are deserving cases are looked at, together with those who are integrated.

(Sen. (Prof.) Kindiki): Sen. Outa, I will give you one minute and Sen. (Eng.) Maina will also have one minute after that.

Thank you Mr. Deputy Speaker, Sir. I also want to thank the people of Kibera. I am a member of Kibera because I run a school opposite Olympic Primary 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. Outa! Could we hear from Sen. (Eng.) Maina?

Thank you Mr. Deputy Speaker, Sir. I rise to support this Petition because this is a matter that is now alive in this country and that is corruption. I say so because the Petitioner has said that some people have been left out. If they were genuine people, it means that they were left out because of the things that we are trying to fight. We should take this opportunity to correct this situation. Let us not forget that there are many families in Naivasha who have been living miserably. When this is being looked into, I would expect that a recommendation or proposal be made for people like those who are in Kibera to be handled properly.

(Sen. (Prof.) Kindiki): Thank you, 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 National Cohesion, Equal Opportunity and Regional Integration. In terms of Standing Order No. 226(2), the Committee is required in not more than 60 days from the time of reading the prayer, to respond to the Petitioner by way of a report addressed to the Petitioner and laid on the table of the Senate.

Order! You should wait for the Speaker to say; “next Order”.

(Sen. (Prof.) Kindiki): Hon. Senators, I have a short communication to make. I would like to acknowledge the presence in the Public Gallery this afternoon of visiting students and teachers from Precious Blood Secondary School, Riruta, Nairobi County. In our usual tradition of receiving and welcoming visiting visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit. 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. Deputy Speaker, Sir. You are very kind to me today.

(Sen. (Prof.) Kindiki): Senator, there is no kindness here.

Mr. Deputy Speaker, Sir, no one has used the prefix that is prohibited in the House. I want to join you in appreciating the presence of Precious Blood Secondary School, Riruta. This is one of the schools that we are very proud of in Nairobi County. It is a school that I have been very close to since my days in school. It was our sister school when I was in the great school that I know you also went to.

(Sen. (Prof.) Kindiki): Senator, you were not in a girls’ school.

Mr. Deputy Speaker, Sir, it was our sister school. I will not attempt to do what Sen. M. Kajwang' did in Mombasa but when I say that it was our sister school, I mean that they were the sisters and we were the brothers. The school that I am talking about is the great Lenana School. Precious Blood Secondary School, Riruta, has set the trail and it is a shining example of academic excellence and discipline and I am glad to note that one of the teachers with them, Mrs. Oyugi, has been there for many years and was even there when I was in Lenana School. I want to encourage them to keep on shining and making us proud. I look forward to coming to visit you soon.

(Sen. (Prof.) Kindiki): Thank you Sen. Sakaja. As you are aware, we will not spend so much time on this. I see so many requests and that means that Precious Blood Secondary School, Riruta, is a great school, hence the interest. We are very happy that they are here but I request that we give the chance to a few more Senators then we will proceed to the other Business in the Order Paper. I am afraid that many of you will not be able to talk. I will allow Sen. Shiyonga to contribute and I will give her two minutes.

Thank you Mr. Deputy Speaker, Sir, for allowing me to contribute. I want to join you in welcoming the Precious Blood Secondary School, Riruta. It is one of the schools that we recognize and it has the best academic results. I was once a parent there.

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

It is a school that is recognized for its excellence in academics. I want to join you in welcoming them. Regarding the Motion of---

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

Mr. Deputy Speaker, Sir, I welcome the students and teachers of Precious Blood Secondary School, Riruta.

(Sen. (Prof.) Kindiki): Thank you.

Thank you Mr. Deputy Speaker, Sir, for giving me this opportunity to welcome Precious Blood Secondary School, Riruta to the Senate. 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. Malalah! You seem to be the center of----

Proceed Sen. Were.

Thank you Mr. Deputy Speaker, Sir. I would like to join the Senate in welcoming students and teachers of Precious Blood Secondary School, Riruta to the Senate and wish them well in the business that they have come to conduct here. I also rise as a member of their Board of Management and I know that they are great girls who are doing this country proud. We expect the best results this year and, in the years, to come because that is what Precious Blood Secondary School, Riruta stands for. Welcome girls.

(Sen. (Prof.) Kindiki):Thank you Sen. Were. Make it brief, straightforward and restricted to welcoming the visitors. Senator Naomi, it is not an opportunity to say---

I am talking of another Naomi. It is not an opportunity to talk about everything that you have suddenly remembered.

Thank you, Mr. Deputy Speaker, Sir. I also want to welcome students from Precious Blood High School, Riruta, in the Senate. I had a personal engagement with them when I was on my way to this Senate Chamber. I told them that if it is to be, it is up to them; they have the control of their destiny. So welcome, girls. We are proud of you, and I am sure you can do better than you have been doing. Thank you.

(Sen. (Prof.) Kindiki): Well done, Sen. Linturi. I will allow a few more Members. Now I give the Floor to Sen. (Rev.) Naomi Waqo.

Thank you, Mr. Deputy Speaker, Sir, I rise to welcome the students from Precious Blood Secondary School, Riruta together with their teachers. We are proud of you and as a woman Leader, I want to encourage each one of you to work hard so that you can help this nation to grow. I come from a pastoralist community where we talk of hyenas everywhere. There are so many hyenas outside there and even within. So, we pray that the teachers protect the girls ---

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. (Rev.) Naomi, you are protected by the Chairperson, but to the extend of saying the right things.

Thank you, Mr. Deputy Speaker, Sir. I used the word “hyena” because I am familiar with it. I am just requesting ---

(Sen. (Prof.) Kindiki): Order, Senators! I have already guided, Sen. Waqo on how to conclude her comments. Underline the word “conclude”.

I am requesting the teachers and other members of the school staff to protect the students from any danger from within and without. Thank you.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Rev.) Naomi Waqo. It is true our girls are being attacked in schools. Therefore, we need to protect our children who are our future. Finally, Sen. Ledama Olekina.

Thank you, Mr. Deputy Speaker, I rise to welcome the young girls from Precious Blood High School, Riruta. I want to encourage them to take cue from what we are doing here, fighting for this country. Also, to learn that we, indeed can be their mentors. Do not let anyone tell you that you cannot be what you want to be in life. So, I encourage you to take this time to learn. You do not need to be born in wealthy families for you to be a millionaire in this country. If you really believe in what you are doing, you will achieve it. Thank you.

(Sen. (Prof.) Kindiki): Very well. The level of interest on this matter is too high. I will ask the Senate Leader of Majority to say one thing on behalf of those who have not spoken.

Thank you, Mr. Deputy Speaker, Sir. I welcome the young beautiful girls from Precious Blood High School, Riruta. I had an opportunity to speak to them before we I came to the Senate Chamber with Sen. Mutula Kilonzo Jnr. and Sen. Issa Boy. They are an intelligent and exciting group. I promised, and so did, Sen. Mutula Kilonzo Jnr. that we will create an opportunity to visit them in their school and perhaps inspire them by talking to them. One of the things I like is when I am in the presence of young people, I talk to and inspire them. There was a time when I was a law student at the University of Nairobi – this is to encourage the girls – I used to come to the National Assembly Chamber to watch debates. I used to admire the likes of Sen. Orengo and Prof. Anyang-Nyong’o debating. Little did I know that one day I will be here, in this Chamber, with Sen. Orengo and Prof. Anyang- Nyong’o, among others. So, we should not be surprised, some of my colleagues will be with some of these students in this Chamber. This opportunity for them is an inspiration and they must continue to work hard. Certainly, there are “Mafisi” out there like Sen. (Rev.) Naomi Waqo said. Our children need a protective cover around them from all the leadership, their teachers in school and from themselves. They must take care of themselves. 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.

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

.: Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate, today, Wednesday, 6th June, 2018: - The report of the Standing Committee on Finance and Budget on the Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018). Thank you.

Mr. Speaker, Sir, I beg to lay the following paper---

(Sen. (Prof.) Kindiki): Order, Senator! You cannot lay a paper from where you are.

Sen. (Dr.) Langat, there is only one table in this House; there are no other tables.

So, lay the paper now. REPORT ON PETITION: IMPLEMENTATION OF THE 2013 – 2017 CBA FOR UNIVERSITIES ACADEMIC STAFF

Sorry, Mr. Speaker, Sir, I was misled by the Members who were in front of me. They told me I can lay the papers from where I was. Now I have learnt. Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate, today, Wednesday, 6th June, 2018: - The report of the Standing Committee on Education on the Petition by the University Academic Staff Union (UASU) on 2013/2017 Collective Bargaining Agreement (CBA). 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.

Thank you, Mr. Deputy Speaker, Sir. On a light note, Sen.(Dr.) Langat cannot feign ignorance here and blame the clerks. He has been here long enough. Mr. Speaker, Sir, I beg to lay the following paper on the Table of the Senate, today, Wednesday, 6th June, 2018: - The Annual Report of the Office of the Auditor-General for the Financial Year 2016/2017. This is impressive; we have this report in good time. REPORT OF KIPRA ON SOCIAL COHESION INDEX Report of the Kenya Institute of Public Research Analysis (KIPRA) Publications on measuring social cohesion index implication of trade facilitation on foreign direct investment in Kenya, inequality in health care service delivery in Kenya and harnessing Kenya’s demographic dividend. Thank you.

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

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:-

(Sen. (Prof.) Kindiki): Order, Senator! Please, use the Dispatch Box. You cannot give a notice of Motion from where you are.

Sorry, Mr. Deputy Speaker, Sir, I did not realise that I could not do it from where I was seated. Can I just say something to the girls from Precious Blood Secondary School, Riruta?

(Sen. (Prof.) Kindiki): No, you cannot, but maybe, in future.

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, AWARE that Article 43(1) (f) of the Constitution of Kenya stipulates that every person has the right to education, and Article 53(1)(b) provides that every child has the right to free and compulsory basic education; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

(Sen. (Prof.) Kindiki): What is your point of order, Sen. Malalah?

Mr. Deputy Speaker, Sir, the code of conduct of this House is very clear; that the dress code must be decent. The hon. Senator is not wearing shoes and she is giving a notice of Motion. I think we should look into that.

(Sen. (Prof.) Kindiki): Order! Order! Sen. Kasanga---

I am sorry, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Order! Sen. Kasanga, is it true that you are not wearing shoes?

Mr. Deputy Speaker, Sir, right now I am wearing shoes.

May I proceed?

(Sen. (Prof.) Kindiki): Order, Senator! What is it, Senate Majority Leader?

Mr. Deputy Speaker, Sir, when Sen. Malalah stood on a point of order, first of all, he did not point out under which Standing Order he was standing. Secondly---

(Sen. (Prof.) Kindiki): Order, Senate Majority Leader. Sen. Kasanga, when another Senator has the Floor, you resume your seat. If there is anything that you need to respond to, you will be called and given an opportunity to respond.

Mr. Deputy Speaker, Sir, when Sen. Malalah stood on a point of order, he did not point the exact Standing Order ---

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

Mr. Deputy Speaker, Sir, I have a point to make because the relevant Standing Order of this House does not say the type of shoes that one should wear or whether or not one should have a shoe. Secondly, Sen. Malalah must tell us what he was looking at--- 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! Order, Senate Majority Leader! You are trivializing a serious issue. As you are aware, this House is guided by the Standing Orders, the Speaker’s Rules when it comes to dress code, as well as customs, usages and precedence. So, we cannot afford to trivialize the issue raised by Sen. Malalah. Sen. Kasanga, is it true that while you were giving notice of Motion, you had not put on shoes?

Mr. Deputy Speaker, Sir, I was not wearing shoes at that point---

(Sen. (Prof.) Kindiki): Why?

Mr. Deputy Speaker, Sir, it is because when you called and asked me to come here at the Dispatch Box, I had to move very fast out of respect for time. I apologise.

(Sen. (Prof.) Kindiki): Order, Senator! Resume your seat.

Hon. Senators, I encourage you once again to look at the Standing Orders and this small booklet that contains the Speaker’s Rules. I want to bring to your attention particularly Rule 5 of the Speaker’s Rules. It says: “Senators are required not to enter the Chamber, lounge or dining room without being properly dressed. This means that a male Senator shall be dressed in a coat, collar, tie, long trousers, socks and shoes or service uniform, religious attire or such other decent dressing as may be approved by the Speaker from time to time. An equivalent standard shall apply in respect of women Senators.” Sen. Kasanga, whether you are at the Dispatch Box or your seat, so long as you are in the Chamber, you are supposed to be properly dressed as described. This is not a holiday camp. These rules are for our own good and dignity, so that we are respected; that we look like people who are transacting serious business. It applies to all of us, including the Speaker. You have heard of cases where Kenyans made fun about some county assemblies in the past term, where the speaker would enter the chamber while chewing gum and reading messages on the phone. Let this matter rest there. Sen. Kasanga, you need to apologise to the House before you proceed to give your Notice of Motion.

Mr. Deputy Speaker, Sir and the general House, I deeply apologise for that; it will not happen again. 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.

Mr. Deputy Speaker, Sir, I beg to give Notice of the following Motion:- THAT, AWARE that Article 43(1)(f) of the Constitution of Kenya provides that every person has a right to education and Article 53(1)(b) of the Constitution states that every child has the right to free and compulsory basic education; COGNIZANT that on 5th January, 2018 during the flagging off of national delivery of core course books for schools at Cemastea Karen, His Excellency President Uhuru Kenyatta stated that his administration has focused on initiatives that ensure every Kenyan has access to quality education, so that they can acquire appropriate skills and knowledge that make our country globally competitive; FURTHER AWARE that recently the country has suffered floods in many parts of the country leading to deaths and people being displaced and rendered homeless; DEEPLY CONCERNED that some schools have also remained closed even after other schools reopened while others have been closed as a result of floods and instances of insecurity; FURTHER NOTING that closure of schools due to the said floods as well as insecurity places students and pupils in those schools at a disadvantage as they are unable to access education which is their right, while some of the students in those schools are expected to sit for their national exams at the end of the year and their performance risks being negatively affected by the lost time out of school; NOW THEREFORE, the Senate resolves that the Committee on Education investigates this matter with a view to: - 1. Identifying strategies to ensure that the affected students are able to access education as soon as possible; 2. Outlining preventative measures to ensure that more students are not affected by the floods and insecurity; and, 3. Submitting a Report to the Senate within sixty (60) days outlining the short and long term strategies, that are being put in place to ensure that schools in flood and insecurity prone areas are not affected in the future. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Thank you, Sen. Kasanga. The Senate Majority Leader, you had raised an issue – because this might recur again – to the Senator for Kakamega. Rule 3 says: “Senators are required to study and assist in enforcing the rules, regulating admission to the Chamber and also admission of visitors to the Chamber.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): We have a number of statements. As you are aware, the only statements allowed by the Speaker, until further notice, are statements under Standing Order No.46(2)(a), which require no more than 10 minutes per statement. I can see we have quite a number today. So, we will just have to manage ourselves. I will strictly apply the ten minute rule and if you do it in less than ten minutes, the better. I will not allow comments because, ordinarily, you would have brought your own Statement. Proceed, Sen. Wetangula. DISAPPEARANCE OF FLIGHT 5Y-CAC

Thank you, Mr. Deputy Speaker, Sir. I wish to make a Statement on an issue of general topical concern regarding the disappearance of a flight operated by SAX Airlines yesterday. Pursuant to Standing Order No. 46(2)(a), I rise to make a Statement on an issue of general topical concern regarding the disappearance of a flight operated by the East African Safari Air Express, registration number 5Y-CAC. The aircraft departed from Kitale on Tuesday, 5th June, 2018, at 1605 Hrs destined for Nairobi carrying eight passengers and two crew members. Mr. Deputy Speaker, Sir, since information on the missing aircraft trickled in, there has been confusion regarding the circumstances surrounding the disappearance of the aircraft. In a press statement by SAX Airlines last evening, they indicated that the last time the aircraft had contact with the Jomo Kenyatta International Airport (JKIA) Control Tower was at 1720Hrs; which is 5.20 p.m. However, a press release by the Kenya Civil Aviation Authority (KCAA) indicated that the flight was last seen on the radar at 1402 Hrs at 40 nautical miles from Nairobi. This would put it somewhere beyond Limuru and not further than Nyandarua. Mr. Deputy Speaker, Sir, this kind of conflicting information has brought anxiety to the families of the passengers and crew on board. I am aware that the airline has opened an information centre at Weston Hotel, Nairobi. However, this has not helped the situation as no concrete details have been availed to the country and to the families of the passengers and crew. This is mainly due to the fact that the search and rescue operation has been slow and at one time, it was suspended intermittently in the course of the evening. Mr. Deputy Speaker, Sir, I, therefore, urge the relevant authorities involved in the search and rescue operation of the missing aircraft to hasten their operations. Further, I also urge the management of the airlines to be sensitive to the families of the persons 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.

(Sen. (Prof.) Kindiki): Thank you, Sen. Wetangula. I had already said that we will not have comments. However, you have saved us two minutes. So, I will allow two comments; one from the Majority Side and one from the Minority Side. I will start with Sen. Olekina, the Senate Majority Leader, and then we will move on to the next Statement. 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. Deputy Speaker, Sir. I would like to take this opportunity to plead with Kenyans out there. When I woke up this morning, I saw a picture posted on social media confirming all the passengers of the aircraft dead. That was disheartening because one of the occupants is someone that I know. Just like Sen. Wetangula has said, I feel pain and I wonder about the families of the missing persons. I am, therefore, pleading with Kenyans out there to think before posting things on social media. It is so heartless. Secondly, Mr. Deputy Speaker, Sir, I would also like to encourage the Government of Kenya to use any machinery they have to trace the missing plane. They should even use the military. I also plead with the people in the Aberdares to walk through the forest to see whether they can find the plane, because it is so disheartening. With those few remarks, Mr. Deputy Speaker, Sir, I thank you.

Mr. Deputy Speaker, Sir, I thank Sen. Wetangula for coming up with that Statement. It captures the mood of the country and the confusion that we are in, when there is such a situation. The search equipment is unable to work despite the fact that sometime last year or two years ago, KCAA advertised for good search equipment that could recognize and trace planes like the one that is lost somewhere in Kinangop. We need to think about our aviation industry. Many of us are using air transport going to Kisumu, Kitale and Homa Bay because it is much cheaper compared to travelling by road. The same sizes of planes are flying those routes. We do not want to have a situation where we live under fear both for those who use fixed wing helicopters and so forth. Mr. Deputy Speaker, Sir, after this incident, and once the rescue efforts have been completed, we, as citizens, must sit back and look at the sector again. We cannot just wish away and pretend that it was just one incident. It could be a pointer towards what needs to be done to protect the public. Lastly, we still need to have rescue teams in this country to become sophisticated to the level we have seen in corruption. We have a large amount of public money that is being lost due to corruption. It means that if we were creative and serious enough, we can spend money to protect the citizens by putting in place structures and mechanisms for rescue. It is now 24 hours down the line since this plane crashed. It has happened before. Captain Kinyanjui was found alive in Mt. Kenya more than 24 hours later after the crash. I am really praying and hoping that we will find Captain Barbara, Jean and the rest of the team alive.

(Sen. (Prof.) Kindiki): Let us have Sen. Kwamboka. Do not exceed your ten minutes. 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. Deputy Speaker, Sir. Pursuant to Standing Order No.46(2)(a), I rise to make a statement on an issue of general topical concern regarding the rise in the number of collapsing buildings in the country. I make this statement because a number of buildings crumbling due to structural defects, among other causes, have become rampant in the country, leaving a trail of death and destruction. People have been injured. Scores of people have been left homeless and others have lost their lives. These incidents have raise questions on whether the requisite construction standards were observed. Mr. Deputy Speaker, Sir, a number of causes have been attributed to the collapse of buildings, including corruption, leading government officers to approve construction without requisite standards being met. Others are lack of coordination and inaction by government officers, poor workmanship, inadequate supervision, inspection and monitoring of the construction processes, use of substandard material, poor designs, and inadequate documented policies, systems and procedures governing national and country governments in addressing the issue. There is need for immediate inspection and testing of the material and standards used in manufacture of building material. There is further need for inspection of all buildings to ascertain their sustainability for habitation. Urgent action is required to enforce building standards at all times in building environments, safety and demolition of substandard buildings so as to avoid further loss of lives, property and injuries. Further, all those found culpable should be brought to book. I, therefore, wish to draw the attention of the Senate to this, and appeal to the national Government, in conjunction with the county governments to interrogate this situation and consider giving priority to building quality control, reinforce laws relating to standards of building, build legal capacity and strengthen the inspectorate to instill compliance with standards. They should also follow through notices once issued to the owners of the risky buildings.

(Sen. (Prof.) Kindiki): Let us have Sen. Nyamunga.

I am sorry, Mr. Deputy Speaker, Sir, I was not aware that it was coming on today because I have been waiting for it for the whole week.

(Sen. (Prof.) Kindiki): No problem. We will use that time to give two other Senators a chance to comment on the previous statement.

Thank you, Mr. Deputy Speaker, Sir. I appreciate that statement from Sen. Kwamboka who is part of the Nairobi City County Delegation. The City County of Nairobi is one of the most affected by this collapsing of buildings. We have lost very many lives over the years in the city. As we mentioned yesterday, it is just a sign of impunity and corruption. A few years ago we lost 40 people in a building collapse that was seven stories high and had been put up in five months. It was extremely painful hearing the harrowing stories when we were there. I remember a man who told me that as soon as he heard 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.

(Sen. (Prof.) Kindiki): Thank you. Make your comments very brief. It is Sen. Kwamboka’s statement. I will allow not more than two minutes for Sen. Mutula Kilonzo Jnr. and one other Senator, and then we conclude.

.: Thank you, Mr. Deputy Speaker, Sir. Nairobi is in a crisis. The building that collapsed is one floor. I am concerned because the Nairobi County Government has approved storied buildings of up to 15-16 floors in residential areas in Riara, Kileleshwa and we are not certain about their structural viability. We have to support Sen. Sakaja in the ad hoc Committee; that there are people who are treating this country as if it is an animal farm. As Sen. Sakaja said yesterday, if this had incident happened in Kileleshwa, Runda and other places of opulence and leafy suburbs, there would have been hell to pay. Since these people in Huruma and Mathare are treated as lesser mortals, it has just become a statistic. Just like Huruma, I saw a well bound report yet those families have never been compensated. As usual, the government is going to pay lip service to the deaths and they are going to be there in smart suits and very nice apologies. It is a sad situation.

(Sen. (Prof.) Kindiki): Thank you. Finally let us have Sen. Kasanga now with shoes on.

Thank you, Mr. Deputy Speaker, Sir. Yes, with shoes on, for sure. The issue of collapsing buildings affects the entire country. We cannot run away from the fact that we have failed a lot as leaders. Secondly, our build environment definitely needs review. Our building codes are out-dated and that is one of the things I know we are looking at as a caucus of build environment consultants. This also includes the consultants themselves where we need a further legislative regulation on who are the participants in the build environment. There is definitely a question on that. I commend Sen. Sakaja and wait for his Motion. I hope to be in that ad hoc Committee because we also need budgets when it comes to demolition. The reason 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): The next one is by Sen. (Dr.) Musuruve. Are you ready? RAPE CASES AMONG WOMEN WITH DISABILITIES IN KAKAMEGA COUNTY AND ITS ENVIRONS

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to make my Statement. Pursuant to--- Mr. Deputy Speaker, Sir, my apologies. Let me organize myself. I rise, pursuant to Standing Order No.46 2(a) to make a Statement on a county issue regarding the rise in the number of rape cases among women with disabilities in Kakamega County and the surrounding counties. I make this statement because prevalence of sexual abuse against children and adults with disabilities in Kakamega County is becoming common. It is causing growing and serious concern. Just to mention a few recent ones; there were two cases in Malava where a girl who is a pupil at Malava Special School with Down syndrome was raped on 24th May, 2018 by a 40-year old man. Another was raped severally by different men. Another case was in Matungu where a girl with mental disability had been raped and impregnated. These cases have been reported, but sadly the perpetrators have not been apprehended. The damages caused by the physical, psychological and social consequences of rape stay with these victims for years. The immediate aftermath is that the victims endure pain from the injuries and they may even carry long-term physical and mental consequences such as pregnancy and sexually transmitted diseases, including HIV and depression. Mr. Deputy Speaker, Sir, every person with disability has a right to be respected on an equal basis with others whether he is physical or mentally disabled. Observing that the perpetrators have not been apprehended clearly shows that these cases of rape of persons with disabilities have not been dealt with. Many of these cases have been reported, and sadly you realize that the complainants cannot afford the legal costs to pursue their cases in court. The sentences may also be lenient or not always served. I, therefore, wish to draw the attention of the Senate to this and appeal to the national Government in conjunction with county governments to interrogate this matter so that justice permeates in our society for all victims. 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.

(Sen. (Prof.) Kindiki): Thank you. Proceed, Sen. Mutula Kilonzo Jnr. MEDIAL EQUIPMENT RECEIVED BY MAKUENI COUNTY UNDER THE MELP

Thank you, Mr. Deputy Speaker, Sir. I rise to make a Statement under Standing Order 46 (2) of the Senate Standing Orders on the medical equipment received by Makueni County under the Medical Equipment Leasing Program (MELP). The MELP commenced three years ago or thereabouts, after a protracted and noisy debate between the national Government and the Council of Governors (CoG) on behalf of the 47 counties. I have attached a schedule of medical equipment received by Makueni County. While it is appreciated that our hospitals are not equipped, this scheme was a relief to Kenyans who had to travel long distances for dialysis, X-Rays, Ultra Sounds in the case of expectant mothers and many more. Mr. Deputy Speaker, Sir, several issues have been bothering me and I would like the Finance and Budget Committee to interrogate them in detail. In the current Division of Revenue Act, 2018, we approved a retrospective increase of the 2017/2018 budget from Kshs4.5 billion to Kshs6.1 billion and Kshs9.4 billion on the Financial Year 2018/2019. Our efforts as the Committee on Finance and Budget to interrogate the reasons behind the increments have not borne fruit. It was understood - I stand corrected - that the scheme was for a period of seven years at a fixed sum of Kshs4.5 billion every year. It was understood that the said contract would include the cost of maintenance and repairs. From the schedule attached to this Statement, it is not clear whether spare parts are included. In any leasing contract, the lessor does not transfer title of the goods to the lessee. The lessor should be responsible for any repairs and replacements of parts. Any fee chargeable would be on actual use and not an estimate. At the end of the leasing, the leased equipment would revert to the lessor, amongst other conditions. The MELP is not clear on these aspects. It would benefit this Senate and the country for the Committee to conduct an audit and request for information from the relevant agencies on the following issues:- (a) the total cost of the MELP; (b) the leasing period; (c) a schedule of equipment delivered to each county and the status of their utilization; (d) the actual cost of each equipment at market rates; (e) the value assigned for the maintenance, repair and replacement; and; (f) the status of the said equipment after the leasing period.

(Sen. (Prof.) Kindiki): Thank you. Finally, Sen. Farhiya, proceed on behalf of the Chairperson of the Committee on Delegated Legislation. 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. Deputy Speaker, Sir. I rise under Standing Order 46 2(d) to make a statement relating to the activities of the Sessional Committee on Delegated Legislation. Pursuant to Standing Order 215 of the Senate Standing Orders and Section 12 of the Statutory Instruments Act, 2013, the Sessional Committee on Delegated Legislation is mandated to scrutinize all statutory documents laid before the Senate. During one of the sittingss of the Committee held on Wednesday 14th March, 2018, the Committee was informed that there was the Statute Law (Miscellaneous Amendment) Bill (National Assembly Bill No. 44 of 2017) sponsored by the National Assembly Majority Leader. The Bill contained an amendment to the Statutory Instruments Act to ensure that the statutory instruments are submitted to the relevant House of Parliament. The Committee noted this and resolved to wait for the Bill to be transmitted to the Senate. On Thursday 29th March, 2018, the said Bill was considered by the National Assembly and further amendments on the Statutory Instruments Act were moved by the Chairperson of the Committee on Delegated Legislation including an amendment pertaining to submission of statutory instruments to Parliament, directing the regulation making bodies to submit copies of all statutory instruments for tabling before the National Assembly. The amendments were adopted by the Assembly. Mr. Deputy Speaker, Sir, the Bill was passed by the National Assembly on 29th March, 2018 and assented to by His Excellency the President on 4th April, 2018 without referral to the Senate. As a Committee, we felt that this is a matter that should be brought to the attention of the Senate. This is because the Bill was never transmitted to the Senate for concurrence, yet consideration of statutory instruments is also undertaken by the Senate and numerous statutory instruments affect the functions of the counties as stipulated under the Fourth Schedule of the Constitution. The National Assembly has acted in bad faith to consider a Bill that affects the functions of the Senate, and in essence affects counties without referring the same for concurrence by the Senate. If we, as the Senate, allow this matter to pass without mention, we will be abdicating our legislative making powers and faith in our constitutional role of protecting the interest of counties, pursuant to Article 96 (1) of the Constitution.

(Sen. (Prof.) Kindiki): Hon. Senators, given the unique aspects of that last statement, I will allow a few comments. However, I ask Senators to state the issues. I will allow four comments from both sides of the House starting with the Senate Majority Leader.

Mr. Deputy Speaker, Sir, I thank the Senator for raising this important issue on behalf of the Committee on Delegated Legislation. I thank Sen. Poghisio who is the Chairperson and the Vice Chair therein for doing a very good job to point out these issues. These issues are within our The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order! The Senate Majority Leader, is it your view that if you have three degrees, you cannot be assisted by an officer?

Mr. Deputy Speaker, Sir, the idea that you can always accuse other officers or staff because you have a problem with them on a position that I have personally taken and written to the President and signed--. The officers can assist me. I could request them to type for me, give me further ideas or research on an issue. However, the responsibility is mine. It is my letter and that is my position. I believe that these things must be done in a diplomatic way, thus the reason I wrote to the President without copying anyone else. I did not even copy myself because I wanted it to be done in a manner that will bring to an end all these issues. In two weeks, I believe that we will have come with a position. The President and the Attorney General also have a right to disagree with me. If they both disagree with me, we will go to the constitutional arbiter to make a determination on whether this House should continue proceeding by being locked out on two things. One, that one person declares what does not concern counties despite the fact that the Supreme Court said that when there is a disagreement between the two Speakers on what concerns and does not concern counties, they should go through a prepublication mediation process to agree on whether that Bill concerns counties. Mr. Deputy Speaker, Sir, secondly, there has been something being hidden around money Bill. Once that process of; “does it concern counties” has been achieved by the two Speakers, no one Speaker can wake up one morning and say that the Bill is a money Bill because that decision is made before that Bill is published as a Bill concerning counties or not concerning counties. The Constitution is very clear. The fact that a Bill has a few sections that relate to money does not make it a money Bill. It can only be a money Bill if the whole Bill from the first to the last clause is about money. If anything else is introduced into the Bill, the Constitution says that it ceases to be a money Bill. We are a serious House here with a Professor of Law sitting as the Deputy Speaker. We are a serious House with three Senior Counsel; the Senator for Nyamira County, the Senator for Busia County and the Senator for Siaya County. We also have serious litigators and lawyers here like Sen. Mutula Kilonzo Jnr., Sen. Faki and many other Senators who are lawyers in this House. All the Senators who are lawyers in this House have a renown reputation by virtue of their practice in Law. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Sen. Murkomen, welcome to the office of the Senate Majority Leader.

Now, the interest is high and time is not on our side. Sen. Pareno, You have two minutes.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Statement by my sister Senator, who is the Vice Chairperson of the Committee on Delegated Legislation. As Members of this Committee, we are really disturbed. Every time we try to perform our duties somebody somewhere either tries to erode the mandate that has been given to us, or out of impunity, tries to make us irrelevant. Today, as a Committee, we decided that we will not keep quiet about this. Immediately after our sitting this morning we actually walked to the Clerk’s office, because we were aware that we could not see the Speaker at that moment. We went there as a whole Committee and brought it to the attention of the Clerk that we wanted to state today that we are not happy with this particular amendments and several acts of impunity by the National Assembly of passing Bills that try to erode our mandate. If we do not arrest this situation at this particular time, we might as well close shop, especially when it comes to the Committee on Delegated Legislation. What the National Assembly has passed actually tries to erode and make us irrelevant and not be able to work. As a Committee we say “no”. That is why we felt that we should bring this to the attention of the House. Mr. Deputy Speaker, Sir, in that Committee we have five lawyers out of the nine Members that we have. We will give our free service to go to court in case this will not be dealt with. We were told that there was such a debate again in the previous Parliament and the Members of the Senate were divided. This time we will lobby all our Members and I am happy that the Senate Majority Leader is here. That is the information we were given as a Committee this morning.

(Sen. (Prof.) Kindiki): What is your point order, Sen. Murkomen?

Mr. Deputy Speaker, Sir, is it in order for Sen. Pareno to mislead the House that there was division in this House in the last Parliament when we wanted to go to court? The reality is that, as the Senate Majority Leader by then, you led all of us plus the Speaker to go to the Supreme Court. That is why this House now considers the Division of Revenue Bill, the County Allocation The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Sen. Pareno, what do you have to say?

Mr. Deputy Speaker, Sir, the information we were given this morning as a Committee is that there was a resolution which was passed by this House that allowed the Clerk to facilitate a movement to the courts to defend this particular anomalies that are coming up. We were informed that, in fact, that was not realised because Members at that particular time were divided. So, if I was misled, that is the information I was given.

(Sen. (Prof.) Kindiki): Order, Senator! You are out of order. The Chair has information about that matter. There has never been any division when it comes to protecting the interests and rights of this House. You have 10 seconds to wind up if you have not done so already.

Mr. Deputy Speaker, Sir, I stand guided. We are ready to go to court again if that is what will bring order and make the National Assembly respect that we also have a stake. Finally, we will enforce Section 11(4) of the Statutory Instruments Act that says:-

(Sen. (Prof.) Kindiki): You have 30 seconds to finish that sentence.

Mr. Deputy Speaker, Sir, it says:- “If a copy of a statutory instrument that is required to be laid before the relevant House of Parliament is not so laid in accordance with this section, the statutory instrument shall cease to have effect immediately after the last day for it to be so laid but without prejudice to any act done under the statutory instrument before it became void.” We will write to the authorities that have such instruments and say that they are void as long as they have not been tabled before the Senate. We need your help for us to realise our mandate.

(Sen. (Prof.) Kindiki): Very well. I will give two other Senators to comment, but they have to wait for a while.

Thank you, Mr. Deputy Speaker, Sir. I want to welcome to the Senate students and teachers from Kanga High School. I want to also let the Senate know that the Senator for Migori County has not been feeling well. He has been in and out of the hospital and currently, he is at the MP Shah Hospital. Let us continue to pray for our dear Senator together with the family. I want to tell students and teachers from Kanga Boys High School that your Senator will be well. We are praying for him and we love him. He is a great person and I know he would have wished to be here, but he is sick. As you go back, tell the people of Migori County that he will be well. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Thank you, Senator. There is another neighbour; Sen. M. Kajwang’, the Senator for Homa Bay County.

Thank you, Mr. Deputy Speaker, Sir. I am glad that I caught your eye on this opportunity. I wish to join you in welcoming the boys from Kanga Boys High School. This is a citadel of academic excellence not just in Nyanza, but in Kenya as a whole. It has produced a lot of people who have ended up in this House. In the ‘Lower’ House, there are a huge number of people who came out of Kanga Boys High School. I just want to encourage the boys to continue aspiring and excelling the way they have done in the past. We have noted that their performance could have gone down as opposed to the past, but we want to encourage them because we believe that they have what it takes. What Sen. Outa did not mention is that even though Sen. Okello is not in this Chamber today, he has evenly distributed his duties between the Senator for Kisumu and the Senator for Homa Bay County. So, the interests of Migori County shall be well taken care of in this House. Mr. Deputy Speaker, Sir, once again, let me congratulate the boys for maintaining very high standards of discipline; not just academic but discipline and moral standings. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well, Sen. M. Kajwang’. Finally, even though the Senator for Makueni County is not a neighbour, but you can say something for the rest of the Senators who are not from neighbouring counties.

Mr. Deputy Speaker, Sir, the only reason I requested you to allow me to speak is that I went for a function in Migori and the school administration allowed me to speak to the students. I was amazed. The rate of students going to the university at the time was 97 per cent although the principal at the time complained that because they became a national school it moved to 92 per cent; it was still amazing. After speaking to them, I am glad to say that one student by the name Justice Okumu then decided to become a lawyer and is now at Parklands. Therefore, in terms of what Sen. Kajwang’ has said, citadel of excellence on discipline, Kanga High School is one such place. I am glad they have come to the Senate. I congratulate them for the discipline that they have. I was glad to find a very huge dormitory called Kalonzo Musyoka constructed by my party leader when he was a Minister for Education. It is a very nice place.

(Sen. (Prof.) Kindiki): Very well. Sen. Omogeni you have two minutes on the earlier statement. Keep it two minutes.

Mr. Deputy Speaker, Sir, first allow me to also join my other colleagues in welcoming the boys from Kanga High School. I schooled in the former South Nyanza. This used to be our neighbouring school. It produces very outstanding students. So, I also welcome and wish them in their academic endeavours. I would like to make some few remarks on the statement that was issued by my vice Chair in the Committee on Delegated Legislation. I could have wished to get more time to pour my emotions on this very ---

(Sen. (Prof.) Kindiki): Order, Sen. Omogeni! We do not pour emotions here. We debate issue very soberly and objectively. I will add you one more minute as a Member of that Committee. So, you have three minutes starting now.

Thank you, Mr. Deputy Speaker, Sir. First, I agree with the statement that was issued by the Vice Chair. Clearly there seems to be some mischief and bad faith from our brothers in the National Assembly. The amendment that was done to the Statutory Instruments Act clearly is intended to water down any role that the Senate should play on any consideration on regulations that ordinarily affect the functions of county government. It is really meant to reduce the constitutional mandate of the Senate. I join the concerns that were raised by the Majority Leader. If the Senate does not treat this matter with the urgency that it requires, then slowly by slowly, this House will be rendered almost irrelevant. I would like to draw the attention of this House that the role of the Senate has received support from no other constitutional office but the Supreme Court of Kenya. In The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Proceed, Sen. Kajwang’.

Mr. Deputy Speaker, Sir, I congratulate the Committee on Delegated Legislation for bringing this statement. Parliament represents the will of the people. That is what the Constitution says. There are those who argue that, that will can be represented in the National Assembly or the Senate. Therefore, it is not that we are crying that we do not want the National Assembly to do certain things. In fact, if they take the lead in representing the will of the people, so be it. Article 110(3) obliges the Speaker of the National Assembly to have a conversation on each and every Bill before it is introduced to the House. If this is not happening because the word there is “shall” then we need to ask the Speakers why they are not fulfilling the requirements of the Constitution. The Cyber Crime Bill which has now been signed into law originated from the National Assembly and went for presidential assent. The courts of law are already declaring certain parts of it as being defective and unconstitutional. That is a value that the Senate would add by offering a second opinion and view on Bills that come from the National Assembly. Secondly, on the functions of the Committee on Delegated Legislation, a lot of their powers derive from the Statutory Instruments Act. I challenge the membership of this Committee that it is not enough to complain about the changes coming from the National Assembly. I encourage Sen. Pareno, the Chair and the leadership of this Committee, why can we not also propose the amendments that we need on the Statutory Instruments Act, then let us have two sets of amendments coming from both Houses that will end up in mediation as is required by the law. Mr. Deputy Speaker, Sir, Sen. Pareno is trying to inform me but she has not caught your attention. So, let me go on until she does that.

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

On a point of information, Mr. Deputy Speaker, Sir. I would like to inform Sen. Kajwang’ that the Committee has already drafted proposed amendments to actualize their mandate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Sen. Kajwang’, you have one more minute.

Mr. Deputy Speaker, Sir, I take that point of information very positively because the current Act says that the National Assembly is a mandatory recipient of all regulations but the Senate is not. So, this Committee must also help us to ensure that we have a good footage. Finally, as a nation we chose bicameralism. Bicameralism is like polygamy. We chose to have two Houses of Parliament. It is like choosing to have two wives. You have to live with it. The problems between us and the National Assembly will not go away on their own. It requires some soberness and reflection for us to harmonise and iron out some of these inconsistencies. Let this Parliament not be known for the fights between the two Houses. Let it be known for having come up with right framework that entrenched bicameralism in this country.

(Sen. (Prof.) Kindiki): Thank you, Sen. Kajwang’. If bicameralism is like polygamy, it is also like polyandry, especially, in these days of gender equality. Very well. Next order!

(Sen. (Prof.) Kindiki): I call upon the Mover to reply. Proceed, Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, I rise to reply. The delay in replying was caused by unavoidable circumstances. I was expecting that the Committee would table its report. It has not but we have to move on. I thank the following Senators for their contribution: Sen. Moses Wetangula, Sen. Irungu Kang’ata, Sen. (Dr.) Agnes Zani, Sen. Pareno Judith, Sen. Mwaruma, my neighbour, Sen. Kasanga Sylvia, Sen. (Prof.) Kamar, Sen. Aaron Cheruiyot, Sen. (Dr.) Musuruve, Sen. Kibiru, Sen. (Prof.) Ongeri, Sen. (Rev.) Naomi Waqo, Sen. Ledama Olekina and Senior Counsel, Sen. Okong’o Omogeni. Mr. Deputy Speaker, Sir, we have to deal with some of the issues that have arisen at a later date. Senators have raised a concern on the issue of historical injustices based on the 1963 boundaries. The compromise made by the Committee of Experts (CoE) on the boundaries in the 1992 Act is not something that we can change. Consequently, these 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, what is it, Sen. (Dr.) Musuruve?

Thank you, Mr. Speaker. I had to really make noise to catch your---

Sen. Pareno): Did you just say Mr. Speaker?

Did I say Mr. Speaker?

Yes.

I apologise. Thank you, Madam Temporary Speaker. I had to do something to catch your attention after I pressed the button to intercept. I remember when the Bill came to the Floor of the House, I deliberately decided to stay on and make my contributions to it. However, I am surprised that Sen. Mutula Kilonzo Jnr. has not recognised me among those who gave their contributions.

Sen. Pareno): Is that a point of order? I do not think so.

Madam Temporary Speaker, it is good to recognise all contributors. If he has recognised everyone who made contributions, kindly recognise my contribution.

Sen. Pareno): What is your point of order and which Standing Order are you quoting?

Number one.

Sen. Pareno): I rule you out of order, Sen. (Dr.) Musuruve.

You are out of order, Sen. (Dr.) Musuruve. Sen. Mutula Kilonzo Jnr., please proceed.

Madam Temporary Speaker, maybe I mispronounced the name; but let me repeat for the avoidance of doubt. I recognise Sen. (Dr.) Musuruve. I have the list here for the contributors of the Bill; I recognize you for the good work you did and for sitting through. In conclusion, Madam Temporary Speaker, the concerns raised by the Senators and the stakeholders will be incorporated in the Bill. The dispute that arose between Kisumu and Nandi counties found itself in the editorial of the Daily Nation yesterday. Therefore, the urgency of making sure that this Bill becomes law cannot be over- emphasized. Madam Temporary Speaker, I beg to reply and I move, under Standing Order 55(3), that you defer the putting of the question to a later date. 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.

Sen. Pareno): Noting that we cannot do a division, I, therefore, order that division on this matter be deferred to tomorrow in the next sitting.

Next Order. THE DIVISION OF REVENUE (AMENDMENT) BILL (SENATE BILLS NO. 14 OF 2018)

Sen. Pareno): Proceed, Chairperson of the Standing Committee on Finance and Budget.

Madam Temporary Speaker, I beg to move that the Division of Revenue Bill (Amendment) Bill (Senate Bills No.14 of 2018) be now read a Second Time. I want to bring to the attention of the Senators why we have moved an amendment of this Bill. After we passed the Division of Revenue Bill and after it was assented to by His Excellency the President, we received a notice from the National Treasury that they had, infact, signed two additional conditional grants. These are the Agricultural Sector Conditional Grant (ADSP2) for a sum of Kshs1,005,473,370; the Water Tower Production and Climate Change Mitigation Adaptation Program covering 11counties of Kshs880million and the World Bank Kenya Urban Support program Urban Institution Grant of Kshs1,854,000,000. Madam Temporary Speaker, upon advice by our very competent legal team and contrary to the opinion, suggestions or recommendation offered to us by Treasury, we thought that this cannot be added into the counties revenue allocation without being included in the Division of Revenue Bill, hence the amendment. However, to clear the air, because there is a concern that has been raised and I have heard it in the public domain; that there are people who think that the Senate has no mandate to amend or cannot move an amendment to the Division of Revenue Bill. I want to allay their fears today and forever to keep their peace. The Supreme Court Advisory Opinion No.2 of 2013 was very clear that the Division of Revenue Bill is an ordinary Bill and can be moved in the Senate. I have said that we were given very good advice by a very good team of the Senate and we do not doubt them and neither do we doubt ourselves; we, the ones who think that we have some good legal knowledge of some of these matters in the Constitution. Madam Temporary Speaker, I just want to make two or three observations of what the Committee decided on this Bill. This Amendment has brought forward several issues. Number one, we have now discovered that each county is receiving Kshs19.6billion for rehabilitation of village polytechnics. The question is; on what basis are Tana River, Makueni, and Nairobi, Turkana and Kajiado counties receiving the same amount? Number two, we have also brought to the attention of the Treasury and the stakeholders when they came to us that it appears to us these conditional grants are now 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 wish to second this Bill. The Committee has been asking why the National Assembly does not approve the audit reports. We are being told that the equitable share of revenue is 33.6 per cent, which is based on audited accounts for FY 2013/2014. When I asked a question during the Devolution Conference, a Member of the National Assembly who was one of the panelists said that because of the revenues that we generate, even if they approve audits, it will not change the numbers. It is right that it will not change the numbers but it will change the statistics. Right now the equitable share of revenue to counties is at 33.6 per cent. If you compare the total sharable revenue that the division of revenue is based on, you will realise that we are giving counties 18.6 per cent. Although the numbers will not change, in my view, the statistics are misleading because this is not based on the current revenue. The other thing that I have an issue with is the delay of audit reports. The National Assembly is actually sabotaging the President’s drive to fight graft. If you are looking at the audit report for FY 2013/2014, who is interested in something that happened five years ago? We need to look at current figures and deal with the current issues, so that both Houses are relevant. I want to be on record that Members of the National Assembly need to pull up their socks when it comes to approving audit reports. I do not know what they have been doing since 2014 because they have not approved reports up to date. So, statistics matter. 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. Initially, when I saw this on the Order Paper, I was a bit curious and afraid that this amendment could be affecting the division of revenue downwards. There has been some talk that since the Government is struggling to meet its revenue targets, there is need to revise the division of revenue. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us have, Sen. (Prof.) Ongeri Samson Kegengo.

Thank you, Madam Temporary Speaker. I rise to support this Bill. Anything that increases revenue to county governments will always receive my positive remarks. I believe that some of the areas that have been included in this Bill for support as conditional grants are important in uplifting the economies and services of county governments. 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 rise to support and want to make a few comments. I would wish all my colleagues to speak to these issues so that we can move together. I have seen the additional conditional grants that have been made in line with the Big Four Agenda pillars of the President. One of the biggest impediments is the pending bills of around Kshs90 billion that most counties owe to contractors. Going forward, the main call from all Senators is to ensure that there is prudent and proper accountability of the resources that we work hard to ensure our counties get. For the last five years the issue of pending bills of Kshs90 billion is one of the bottlenecks that has delayed the entire process of ensuring that our counties move forward. I agree that the Agricultural Sector Development support Programme is in line with one of the Big Four Agenda of the President on food security. Therefore, this is welcome, noting that some of us come from agricultural areas of Nandi County and the North Rift, which literally feed this nation. It will ensure that we have additional funds through conditional grants. We will ensure that our farmers have the necessary support in terms of farm implements and subsidies, so that they produce more. I agree that the Food Security Bill that we have in this House will go a long way in ensuring that they go forward. Madam Temporary Speaker, the agricultural subsector development support programme is very important. I know that counties play a critical role because most of these functions have been devolved. As we speak, the agricultural sector is faced with a lot of challenges. I am happy that the Senate Committee on Agriculture, Livestock and Fisheries today invited the Cabinet Secretary for the Ministry of Agriculture, Livestock and Fisheries, Hon. Mwangi Kiunjuri, to shed light on the National Cereals and Produce Board (NCPB) fiasco. Madam Temporary Speaker, going forward, this is important because it will ensure that the issue of food security is taken seriously by increasing resources. However, even as we increase resources that will support the agricultural sector in this country, especially in the regions that depend on agriculture, we should also protect these resources from being stolen. We should increase resources that will benefit our farmers. We should not be seeing the scenes that we are seeing now, with the circus of the National Youth Service (NYS), the NCPB, among other scandals. We are not interested in looking at people who are displaying tattoos or applying lipstick in courts of law. We should make sure that the money allocated is used prudently. We should not increase money for the agricultural sector and then, at the end of the day, we have other scandals. Madam Temporary Speaker, I am cognizant of the fact that the first scandal to have ever happened in this country was a maize scandal that happened in 1965. Therefore, we are not interested in hearing about more scandals and I hope this is the last one. Even as we increase resources to the agricultural sector, we should ensure that we protect and guard them jealously so that our farmers can benefit. This is because we want to make the agricultural sector more attractive. Where I come from, the average age of a farmer is 60 years. Many young people are unemployed and they do not have opportunities. How do we make the agricultural sector more attractive if we do not create more resources? As we wait for the President to implement the issue of food security, we 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.

I do not know whether the Member is raising a point of order.

No, Madam Temporary Speaker. When you are speaking, thinking and so passionate about something, and the person you are looking at is on phone, it completely throws you off balance.

Madam Temporary Speaker, we are not allowed to use phones in the House.

If you are speaking on phone then you are out of order. However, I did not see him on phone. Please, proceed.

Thank you, Madam Temporary Speaker, for protecting me. It is important. I cannot reiterate that we push for a policy shift. I do not want the people of Narok, Kericho or Bomet counties to continue shouldering the burden of paying for leasing of medical equipment, yet they did not consider whether it is value for money. All these contracts which are being signed, I dare say that these are huge corruption scandals just waiting to happen. When we talk about devolution, let us fight for and support it. These grants are good. They will help build our polytechnics. However, if we cannot follow through to ensure that the money which was sent for building that polytechnic was used for the intended purpose, then we are not doing anything. Finally, I want to focus on this issue of the Agricultural Sector Development Support Programme. This is the point that I was raising before I was interrupted. It is sad that in all counties that farmers work tirelessly, the agricultural support programs that we used to have many years ago are no longer effective. I hope that with this amendment, this money will be used to send more technical officers to the ground. I hope the money will be used to bring these farmers together into corporations or cooperatives and help them come up with their own warehouses, help these farmers to add more value and create more jobs. We have so many opportunities but because of this disconnect between the need and the policy, we can never solve the problems of unemployment in this country. Madam Temporary Speaker, although I support these amendments, I would urge this House and also the Committee on Finance and Budget to demand for more documents. We want to see these contracts between the national Government and the suppliers of this medical equipment. We want to see these memoranda between the county governments and the national Government. We also want to go down, visit and ensure that those equipment which are being leased to us are of use to us. This is because if you take equipment which is designed for a Level Five hospital to a Level Four hospital, they may not be of any use. We may not have adequate skills to operate that equipment. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Nyamunga Rose Ogendo.

Thank you, Madam Temporary Speaker for giving me the opportunity. Being a Member of the Senate Committee on Finance and Budget, we had several meetings to discuss the Bill. We had reservations and at the same time we made recommendations to make sure that whatever commitment we are giving to this House is something that has been thought through properly. First of all, I want Kenyans to realize that when we are getting grants from other governments, it is such a big sacrifice that they make. This is because a grant is not a loan that is repaid at any interest. It is something that is given for a certain purpose for the development of certain countries. If some countries can sacrifice to give Kenya grants to the tune of Kshs3.7 billion, we should take some of these gestures seriously to make sure that the monies that we get as grants are used properly to the benefit and for the intended purpose. However, from what we know and the discussions that have been going on in this House this afternoon, it is clear that most Members are skeptical about the grants, how they are being used and their accountability. As a nation, we should continue to look at ourselves and reflect on how we have been rated or looked at by other development partners who keep giving us money in trying to support us to make sure that we move forward in terms of development. Madam Temporary Speaker, looking at the issue of audited reports; they are supposed to give the management or nation guidance. It is an awakening to any government or nation on how they use or utilize their resources. Therefore, we cannot continue to have late audited reports. I am not sure if this is deliberate or the National Assembly is just not doing its work. I am really divided because I do not know the truth. However, I strongly believe that this is done deliberately so that the county governments are denied what they deserve. We raised the issue of using the audited reports of 2013/2014 Financial Year to make allocations in 2018, that is way below. We should have been talking of the audited reports of at least 2015/2016 Financial Year. However, if we are still stuck in the 2013/2014 Financial Year, it means that we are not giving the governments a benchmark of how they can evaluate the performance of the national Government and that of the county governments. The idea of auditing is to verify and certify; to make sure that the reports can be used to help the government to improve on the management of resources. Therefore, if they are late, then it means that we are not assisting the national Government to make the right decisions. The management or the Presidency cannot do that. The National Treasury, the Ministry of Finance or any other Ministry cannot make prudent decisions when it comes to the lateness in auditing. 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. Cheruiyot.

Thank you, Madam Temporary Speaker, for giving me this chance to make my contribution and share my thoughts as well on this Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018). It is an extremely important Bill that places duties or functions of the Senate right at the heart of it; something that we consider seriously as Members of this House. For those of us that are fairly familiar with the history of this House, we do know that there were times when our colleagues from the ‘Lower’ House strongly felt that the Senate should not be given the opportunity to participate in this very important exercise of dividing revenue that has been raised nationally and sent to our counties. Therefore, every opportunity and time that we get as Senators to make our contributions and share our thoughts on this Bill, I find it to be extremely sacred and something that I cannot pass. Madam Temporary Speaker, there are many things that bother me, first of all, as a long standing Member of the Standing Committee on Finance and Budget of this House. Every time we get to listen and go through an extremely rigorous process of giving our thoughts about how this distribution is supposed to be done and certain amendments that we feel should be included. Unfortunately, on many occasions, out of 10 or 20 suggestions, only two or three are incorporated when we are lucky to actually have any of them added on to our budget and the division of revenue. It was not the intention of the drafters of our Constitution to have this House as a rubberstamp that only comes, debates and passes matters as presented to us. As representatives of the people, we speak to the very heart of the matters that we feel affect our people. Therefore, the thoughts and different ideas that are shared by the leaders in this House should be considered. Unfortunately, this does not happen. On many occasions, we have had the chance to question the Cabinet Secretary (CS) in charge of the National Treasury and his technocrats whether they incorporate our views or even get a copy of the HANSARD. Perhaps, after the contribution of Senators during the Division of Revenue Bill and the County Allocation of Revenue Bill, a copy of the HANSARD should be sent to the county assemblies and the National Treasury. This will ensure that they listen to the very brilliant ideas that Senators continue to share with the country. However, they end up being flowery nice words that fill up the shelves of this Parliament without anybody taking them into keen consideration. Of course, we will support this Bill because it is extremely important for our counties to have money. We will continue sending resources and try to strengthen and build devolution because devolution is working. It is making our counties and the lives of the people that we represent in this House better, the challenges notwithstanding. There are many things that we want to continue to address. 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 good contribution. I hope we can adopt that policy as a Senate. It would be of help to this Senate. Proceed, Sen. Mwangi.

Madam Temporary Speaker, I thank you for giving me a chance to also add my voice to the Division of Revenue Bill. Concerning the Agriculture Sector Development Support Programme, we know what is lacking in this country in matters pertaining to agriculture. In Kenya, there is no serious farming that can be done without developing water supplies all over the country. It is time the Government thought of developing water systems in the country so that people can get involved in agriculture. At a time like this, we have rain but in quite a number of months across the year, there is no rain and so farmers are not able to farm because they have no water. They cannot irrigate their land. The other issue is market for farm produce. If farmers get water and produce their food products, it should be marketed. The Government should have a section that deals with marketing, and particularly now when our supermarkets are failing. Nakumatt has failed and we have knowledge of other supermarkets which are going under. This means that very soon our farm produce will not have market. The Government should spend some of this money to survey market for farm produce and also give us adequate water for irrigation. There is also the issue of water tower protection for climate change. Let us not decorate this Bill with very big names which have no meaning. The main issue is water for irrigation. Let us have dams and adequate water for our farms. There is no point of talking of climate when you have no food in your homes. First, we should have enough water to do farming and also have market for our food as I said before instead of creating many things here, for instance, water tower protection and climate change, mitigation and adaptation programme. That does not make any sense. Let us give the Ministry of Water adequate money so that they can give us enough water for irrigation. Let us give the Ministry of Water enough money so that they can build dams, collect surface water and adequate reticulation system for --- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, hon. Senators. Sen. Mwangi Paul Githiomi, you will have a balance of 16 minutes when the matter is next placed on the Order Paper.

Thank you, Madam Temporary Speaker.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until Thursday, 7th June, 2018 at 2.30p.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.