Madam Temporary Speaker, I beg to give the following Notice of Motion- AWARE that Section 15 of the National Construction Authority (NCA) Act prescribes the requirements for registration as a contractor; ALSO AWARE that Section 18 of the Act mandates the NCA Board to accredit firms incorporated outside Kenya to carry out construction works in Kenya for a prescribed period; CONCERNED that a large number of registered local contractors cannot perform up to the expected standard leading to collapsed buildings, poor county roads and infrastructure and incomplete contracts; APPRECIATING that there is still a good number of local contractors that have demonstrated capacity to perform and deliver projects as required; DEEPLY CONCERNED that foreign contractors are now engaging in projects that local contractors have equal capacity and skill to perform, especially in the counties; RECOGNIZING THAT there is need to grow our local industries by giving job opportunities to Kenyan citizens and building their technical capacities; NOW THEREFORE, the Senate calls upon the Government through the NCA to- (1) conduct a fresh registration drive of all building and infrastructure contractors in order to weed out all non-performing ones and to identify those who demonstrate compliance; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for this opportunity. I rise pursuant to provisions of Standing Order No.46(2)(a) to make a statement on an issue of general topical concern. That is the recent accidents at Lunyerere on the Kisumu-Kakamega Road. I take this opportunity to, first and foremost, register my condolences to the families who have unfortunately lost their loved ones through numerous accidents that have occurred on the stretch of Lunyerere River Bridge and most recently the one that occurred on Friday, 18th May, 2018, when an extremely overloaded matatu lost control and plunged into the riverbank. Previously, it has been resolved in this House that the Government should publicise and clearly demarcate black spots across the country. This stretch of the road qualifies to be marked as a black spot because in the past one year, many accidents have occurred at the same spot. For instance, on Friday, 12th January, 2018, two motorbikes collided and both the riders died. In another incident, a county government vehicle knocked down two people who also lost their lives and lastly a motorbike rider and his passenger were hit from behind and unfortunately the passenger lost his life. This is the second time in less than one year that I am rising on the Floor of this House to decry the loss of innocent lives of the people of Vihiga County due to road accidents. The other previous incident was on Monday, 11th December, 2017, where 16 people lost their lives including nine from a single family. I then raised the issue of overloading and disregard of transport guidelines, commonly known as the “Michuki Rules.” May the Lord rest former Minister John Michuki’s soul in eternal peace. He was the only Cabinet Minister since independence who managed to bring sanity in the chaotic public service transport industry. Today, the gains brought about by the former Minister have since been long lost. The issues I raised then concerning Kamukuywa Bridge; such as poor state of roads and lack of proper road signage; overloading of both passengers and cargo; corrupt traffic police officers, dangerous driving and undisciplined Public Service Vehicle (PSV) SACCO members are still prevalent even today. How many times will I stand in this The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sorry, hon. Senator. I would like to request the rest of the Senators to consult in a low voice so that we concentrate on what we are doing.

Thank you, Madam Temporary Speaker, for that protection. Lastly, the Lunyerere black spot had inadequate road signage and speed bumps. The Cabinet Secretary for Interior and Coordination of National Government should take charge and bring sanity, as was experienced in 2003/ 2004, during the introduction of the famous “Michuki Rules”. It is clear that a good number of public servants on the government payroll are complacent, corrupt and lack a proper, well thought out strategy to curb this road carnage. I strongly believe that county governments, through enforcement officers, have a role to ensure the compliance with not only county legislations, but also the Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I will allow a few comments. Proceed, Sen. (Dr.) Musuruve.

Thank you, Madam Temporary Speaker, for giving me this opportunity to raise a few issues on Sen. Khaniri’s Statement. I am humbled. First, I commend Sen. Khaniri for persistently talking about this issue and being keen about serving the people of Vihiga County. By the way, the people of Vihiga County should know that they have strong representation in this House. Sen. Khaniri talked about the Lunyerere Road in the last Parliament and nothing was done. However, he is still insisting on it until something is done. He is doing something that is commendable and, therefore, the Government needs to take action. Madam Temporary Speaker, we are talking about people dying and a place being a black-spot, so we cannot take it for granted. If people are dying on the road in this Republic, there is need for the Government to intervene with speed and ensure that there are no black spots. Lunyerere Road serves the Kisumu/Kakamega Highway and it is a busy road. Therefore, we want our people to be economically empowered. There is no way the residents of Vihiga are going to avoid using that road because they have to earn living and they want to be economically empowered. Economical empowerment is among the Big Four Agenda that we want to achieve in this country. Madam Temporary Speaker, students and children also use Lunyerere Road and are, therefore, vulnerable. As such, there is need to intervene with speed. I want to thank the late Hon. Michuki for what he implemented before he died. May his soul rest in peace. What he did will be remembered by all Kenyans. I remember a long time ago when I was going home for vacation, sometimes we would even stand in the Kenya Bus because there were no seats. We would stand all the way from Nairobi to Kakamega, but because of the sanity he brought on the roads of this country, there is no way you can travel to Kakamega while standing in a matatu or in a bus. You will travel in comfort because of what Hon. Michuki did. May God rest his soul in peace. Madam Temporary Speaker, we are talking about overloading of vehicles. We should not take this issue for granted and the police need to do something about it. When there is an incident of overloading, the police need to ensure that the drivers and conductors are culpable. When Senators bring issues to this House, we are not joking about them. We have been elected to serve the people of this country. We have a commitment to serve the people of this country. Therefore, when we bring issues or Statements, they are taken for granted because they are not implemented. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker.

What is your point of order Sen. Kinyua?

Madam Temporary Speaker, I thought you said that we should just make a comment but this is now taking too long.

Continue and wind up, please.

Madam Temporary Speaker, I am humbled. We are raising pertinent issues in this country which cannot be ignored. I suggest that the relevant agency moves in with speed and ensures that there are bumps on the Lunyerere Bridge for the black spot to become a place where people from Kisumu and Kakamega can economically empower themselves. Thank you for the opportunity.

Thank you, Madam Temporary Speaker. This Lunyerere Bridge could be termed as a spot where the devil has camped because a number of people have lost their lives there, now and again. I want to commend the Senator for Vihiga County, who is my neighbor, because the Lunyerere Bridge is along the Kisumu-Kakamega Highway. I want to encourage the Government to take immediate measures so as to reduce the carnage that occasionally happens at the Lunyerere Bridge by initiating or demarcating clear signs for the motorists who are travelling on the Kisumu-Kakamega Highway to know that Lunyerere Bridge is a death spot. They can create some road signs to caution the drivers who are using that highway. We want to also appeal to the County Government of Vihiga not to wait for the national Government to intervene because this bridge lies squarely on the county government. They can introduce some enforcement, more or less like the Michuki one, to save the lives of the people who are using the Kisumu-Kakamega Highway. This matter should not be taken lightly. The national Government and the County Government of Vihiga are listening to us and those who are in authority should take immediate measures. They also need to introduce bumps. We have seen vehicles carry extra passengers and over-speed; and when they get to the death spot, they then realize that it is too late to apply the emergency brakes. When they do that, the vehicle overturns and claims lives. They are listening to us and in one month’s time, we want to visit this place so as to make sure that the national Government and the County Government of Vihiga have taken the necessary action to save the lives of our people. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me this opportunity---

Sorry, Senator. I would like to urge the Senators who I am going to give the opportunity to comment on this to take as little time as possible. This is because there are other interests and I do not want to exclude some people. I would want to give everybody an opportunity to say something.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute on the Statement. I commend my fellow Senator who has come up with this Statement. This particular spot has taken a lot of precious lives because of corruption that we have been singing about. This incident could have been prevented if the police officers who were manning that road were keen and effective in the delivery of their mandate. It is unfortunate that lives have been lost and this does not only happen on this particular road. We have lost lives on other roads in the country as well. It is a high time that the national Government, county government and other bodies are put on the spot over this issue. It is very important for them to take up their mandate and label or demarcate this particular road and the others. It is sad to continuously see a death spot being ignored and lives being lost. The concerned parties, especially those who are supposed to take over the mandate of labeling or demarcating roads; the Kenya National Highways Authority (KeNHA), should take over their mandate. They should work on those roads by putting up the bumps that are required. They should also look for innovative ways that can prevent lives from getting lost through accidents. I come from Vihiga County and that road serves me when I am going to Kisumu International Airport. In fact, I now fear for my life because I drive through that road almost every week. The roads of that nature should be marked and the bumps erected to save lives.

Finally, we will hear from Sen. Cheruiyot.

Thank you, Madam Temporary Speaker. I also want---

I will give you more opportunity if you make your contributions in form of comments but it will be difficult to do so if you want to debate. Please, make your comments.

Madam Temporary Speaker, I can assure you that mine will be comments. I want to give more strength to the Statement by my colleague, Sen. Khaniri. Last year, he stood to make this request to this August House and he said that this particular bridge has continued to take away the lives of innocent victims, the people that he represents in this House. Unfortunately, nothing has been done up to now. While making my contribution yesterday on a totally different issue, I spoke of the need for this House to bring back the issues that matter to our electorate, which is right at the core of it. Those things that used to make one mad before they came to this House as a legislator are the things that should concern one now that they are in a position of power. 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 the Senator for Machakos County.

Thank you, Madam Temporary Speaker, for the opportunity to support by brother, Sen. Khaniri. I sympathise with what is happening along that road. I want to give my comments in form of solutions to this challenge that will go a long way to ameliorate the problem of accidents in the country. I have five points:- (1) Traffic campaigns awareness should be enhanced or revisited in all parts of the country, especially along major super highways and other active roads. (2) There should be strict adherence to traffic laws, especially the Traffic Act and the Highway Code. These laws should be revisited to introduce punitive sanctions. (3) The traffic police have become so corrupt. It is obvious that any time you drive on any of the roads or highways, you will see them taking money from motorists. I implore upon he Ethics and Anti-Corruption Commission (EACC) special anti-corruption unit to accelerate their investigation role by policing and arresting the corrupt police officers on duty as they have done. (4) The fuel levy tax collected by the national Government should be effectively used to repair the potholes or areas that are damaged due to the rains over the last one month. (5) Lastly, in this country we know that most people – some are seated here - are notorious drivers. Therefore, it is high time that intensive and continuous training of all drivers in the country, especially those who drive Public Service Vehicles (PSV) was enhanced. If these remedies, among others, are followed to the letter, a lot of lives will be saved in areas marked as black spots. Thank you, Madam Temporary Speaker.

Let us have Sen. Petronila Lokorio Were.

Thank you, Madam Temporary Speaker. I would like to thank Sen. Khaniri for caring about the people of Vihiga. When he came up with this Statement, I knew he was an angry man. This is because he raised a similar statement when nine members of one family in Vihiga died on the same road. So, the laxity of the Police to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Very well. Finally, let us have the Senator for Kitui County, Sen Wambua Enoch.

Thank you, Madam Temporary Speaker. First, I want to thank the Senator for Vihiga County for this Statement. Death in a family is a painful thing. It is made more painful if sudden death is occasioned by a road accident. It would appear like Kamukuywa has become synonymous with road accidents and death. This Statement should not only elicit debate on the Floor of this House, but it must be a statement that is a call to action by the relevant Government ministries. I would request the Chair – as the Senator for Kericho County has said – to direct that this Statement together with complete timelines and the comments by the hon. Senators, be made available not just to the Ministry of Interior and Coordination of National Government, but to the parent Ministry of Transport, Infrastructure, Housing and Urban Development. We should demand that something be done and a report brought to this House on what action the Government has taken. Thank you, Madam Temporary Speaker.

Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of a visiting delegation of students and teachers from Gikurune Girls Secondary School, Meru County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. Thank you.

Thank you, Madam Temporary Speaker. I rise pursuant to Standing Order No.46 (2) (a) to make a Statement on an issue of general topical concern regarding the rise of sex crimes in schools. It is very unfortunate that schools have turned into dens of sex pests. The security of our learners is a question that is disturbing every parent or guardian now. Learners are equally traumatised. Madam Temporary Speaker, this problem was brought into the limelight following the incident at Moi Girls' School, Nairobi, where a student was reportedly 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 will allow about two comments, please.

Thank you, Madam Temporary Speaker. I thank Sen. Chebeni for bringing the Statement because the number of predators on our small girls in schools has increased. This has a psychological impact on the child’s life forever. It is not just something that impacts on their education and social life, but it has a far reaching bearing on them. They need to be protected in schools. This is also against any moral standing of any community. I do not know why it continues happening in this country. It is also against any religious beliefs for most of the religions that I know. We need to train our girls on karate skills in schools, so that they can just fight off these predators. Such skills will also come in handy in future, if the men who might marry them end up abusing them.

I also think that we need more investment in security in our schools. Thanks to the Jubilee Government for making education free; this has increased the number of girls in schools. Ordinarily, girls from poor backgrounds would have dropped out of schools. The more they are in schools, the more likelihood of these predators pouncing on them increasing. We need to get the gains of free education by leaving these girls in peace to continue with their education uninterrupted and to allow them to be equal to their peers of the opposite sex.

This topic seems to have a lot of interests. In order for me to appear to be fair, I will reduce the time to about two minutes to allow all Members to comment.

Thank you, Madam Temporary Speaker, for allowing me to contribute to the Statement by Sen. Chebeni. I welcome the punitive action to be meted to these men going for our girls. I will not even call them men, but hyenas. We are talking about the safety of our girls. What about our boy child? The other day, I saw in Nyandarua County, Standard One boys were being molested. This is happening day in, day out. Fathers are molesting their sons. What are we doing about it? We are talking about girls in schools and that we should make sure there is a safe environment in school for them. What is happening in our boys’ boarding schools? What The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you. Sen. Poghisio, proceed.

Thank you, Madam Temporary Speaker. I also want to thank Sen. Chebeni for her Statement. This is just to affirm that even if all of us are angry about what is happening with our children. We urge the relevant authorities in Government, beginning with the case in the Nairobi school and in other schools, to move with speed and deal with those cases. There is something that is happening with our psyche. We need to have not only a conversation about why girls are being raped, but also why men are behaving in that manner. What kind of urge do they have to make them behave like animals? What is causing all these? Who is at fault? Madam Temporary Speaker, there are also cases of women abusing boys, although they are not reported. All cases need to be reported and acted on. The things happening to boys being hidden and held secretly should also be reported. Let us deal with this matter, once and for all. We do not have enough people to counsel. Let us train professionals to handle this matter. We are in a society that is changing. We must begin to handle these cases psychologically. I urge the clergy in the religious areas, psychologists and counselors to help us deal with these situations. It is very bad when you hear reports of girls being raped every day. It is very sad. I support Sen. Chebeni and her efforts. All of us who are involved, we should help her get to the bottom of this matter.

Thank you, Madam Temporary Speaker. I thank Sen. Chebeni for her statement. I urge the Committee for Education led by sen. (Dr.) Langat to ensure they look into that issue. Yesterday, the United Nations Educational, Scientific and Cultural Organisation (UNESCO) released a report on sexual abuses in our schools. It is very sad that this is happening in our schools. That is why we need to relook and encourage more day schools. According to the report, most sexual offences or abuses happen during games time and 4.30 a.m. to 5.00 a.m. We need to encourage more day schooling to ensure parents and guardians monitor students. It is very sad because some of the perpetrators are teachers. I am not saying all teachers are perpetrators, but it is the same teachers that you need them to report to. Lastly, it has reached a time where we need to relook into our education system and encourage life skills. I agree with Sen. Farhiya that we need to teach them karate skills. I know in slum areas they are teaching karate so that they can have self-defense skills. Even when they go to marriages, they will not be abused. I support. 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 thank Sen. Chebeni for bringing this Statement to the Floor of the House. All efforts must be targeted at protecting the girl child who is vulnerable in many ways. The girl child must be protected in schools, churches, homes and everywhere. As we do so, the country must not lose site of the plight of the boy child. I urge that as we call on the relevant bodies and authorities in this country to protect our girls, our boys should also be protected. There are so many boys who are wasting away in markets and grazing fields. Most of them are losing hope and self-esteem every passing day simply because a lot of attention is focused on the girl child. It is a good thing, but it should not be done at the expense of the boy child. I urge that the call for action be concentrated on protection of the Kenyan child; that is, both the boy child and the girl child.

Thank you, Madam Temporary Speaker. I congratulate and thank Sen. Chebeni for bringing this to our attention. I support it because I am a mother and I know the pain of mothers whose daughters have gone through this, while in school. As a society, this is something that we need to give attention to and deal with because of the dilemma that our girls are going through. They are not safe at all. When we send them to schools, we believe that they are safe. Instead, as I said yesterday, the hyenas from within and without continue to attack them. This causes psychological problems to them, affects their future and interferes with their academic performance. More than that, they are sometimes infected with Sexually Transmitted Diseases (STDs) and HIV/AIDs. Our daughters are exposed to many things that need to be stopped and condemned. If male teachers employed in girls’ schools are the problem because girls at that tender age are attracted to them----

Thank you, Madam Temporary Speaker, for giving me this opportunity. I thank Sen. Mercy Chebeni for this. Last evening, I watched a Committee of the National Assembly doing an impromptu visit to Moi Girl’s, Nairobi. A lot of contradictory information as to what transpired is coming out. In fact, cases of students being abused by their own teachers are coming out. As we discuss this issue, we have a girl who has been abused by 21 men. One of them gave her tablets which were supposed to cure flu but they happened to be medicine for procuring an abortion. She almost died and no action has been taken. We should not spend a lot of time on this Floor. Action must be taken. I believe that this Senate should rise up to the occasion and start investigating these people. We should not glorify these pedophiles. The Sexual Offences Act should deny these people bail. People who defile our children, whether male or female, should be denied bail just like people who steal from us. There is a teacher in Makueni County who defiled a boy, paid Kshs70,000 and the case disappeared. This is serious. We should call for action and use this Floor to deliberate on actions that we have taken on people who we should name and shame. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker for giving me this opportunity to add my voice. I rise to support this Motion. We should put in place a law that will protect our girls in schools so that they can complete their studies. The global survey shows that there are many women compared to men in the world and in Kenya, we have more women than men. I do not understand why men defile young girls. We are Africans and so, we should uphold our morals. This conduct is unbecoming. Women always say that what men can do they can do better. It is time to withdraw all the male teachers from girl’s schools and leave the ‘madams’ to teach in the girl’s schools. The night gate keepers should also be women. We should not have men working in girls’ schools. I support.

Thank you, Mr. Temporary Speaker, Sir. I stand to support Sen. Mercy Chebeni on the issue of defilement of girls in Moi Girls’ School, Nairobi. This is quite unfortunate. I call upon the relevant authorities to ensure that they carry out a speedy investigation on this matter and bring it to a close. Madam Temporary Speaker, at the same time, I encourage the Cabinet Secretary (CS) of Education, Science and Technology, Ms Amina Mohammed to stop making blanket emotional statements on this matter. This is a matter of serious concern. The other day, she banned all citizens and everyone who has no Teachers Service Commission (TSC) number from interacting with school girls. This is not the way to go. I believe that in a school set up, we have the teaching and non-teaching fraternity. Therefore, one cannot just wake up one the morning and ban all the non-teaching members of the school communities from interacting with the girls. This was just a unique case that unfortunately happened. Therefore, we should not use this case to come up with emotional solutions. We should have tangible solutions that will help sort out the issue of defilement of girls in schools for prosperity.

Ahsante sana, Bi. Spika wa Muda kwa kunipa fursa hii. Kwanza ningependa kumshukuru Sen. Mercy Chebeni kwa kuleta Mswada huu. Wanuame ambao kazi yao ni kuwanajisi watoto sio wanaume, bali wao ni wanyama. Wanyama ni bora kuwashinda kwa sababu huweza kutofautisha kati ya watoto na watu wazima. Tabia za wanaume wanaofanya kazi hii imedorora. Mtu anapomnajisi mtoto, jambo la kwanza linalopaswa kufanywa ni kumpeleka katika hospitali inayoshughulikia walio na upungufu wa ubongo ili tuweze kuidhinisha kwamba vichwa vyao ni timamu. Tunaweza kuwa tunazungumzia watu ambao wako na akili punguani. Tabia hii inafanyika kote nchini kama vile Nairobi na maeneo mengine. Ni jambo la kusikitisha sana kusikia kwamba wanaume zaidi ya 21 wanamnajisi mtoto mmoja. Unashindwa ni nini walichokiona na kujivunia pale.Serikali inafaa kuwachukulia hatua kali. Sisi kama Bunge la Seneti, kazi yetu isiwe tu kuongea na kwenda nyumbani. Tunapaswa kufuatilia maneno ambayo tunayoyaongea hapa ili tuweze kujua chanzo cha matendo haya. Baada ya kujua, tuwachukulie hatua kali. Sio wazee wanaonajisiwa pekee, vijana wadogo pia wanalawitiwa. Tunapaswa kuwashughulikia pia, kwa sababu tukiwacha mambo yaendelee hivi, nchi yetu itapotea. 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.

Ahsante, Bi. Spika wa Muda kwa kunipa fursa hii kuchangia Mswada wa Sen. Chebeni. Ninachukuwa fursa hii kumshukuru Sen. Chebeni kwa Mswada wake ambao umekuja katika wakati muafaka. Inaonekana kuna mmomonyoko wa maadili katika nchi yetu, ndio maana wanaume wanatembeatembea wakinajisi watoto wa shule---

On a point of order, Madam Temporary Speaker.

Sen. Malalah, what is your intervention?

Bi. Spika wa muda, nasimama kwa hoja ya nidhamu. Tunajua vizuri sana kwamba zile Kanuni za Kuongoza Mijadala Bungeni zinasema kwamba tusichanganye lugha. Mwenzangu ameanza kwa kutohoa jina la Mwenyekiti kwa kusema “Speaker.” Ningependa abaki katika ile lugha moja; kama atachagua Kiswahili, basi abaki pale; na kama ni Kimombo vilevile abaki na kimombo bila ya kutohoa. Asante, Bi. Spika wa muda.

Senator, please obey the rules of the House. Proceed.

Bi. Spika wa muda, “Spika” ni neno la Kiswahili na akipenda, naweza kumpa kamusi sasa hivi ili ahakikishe kwamba hilo ni neno la Kiswahili. Kwa hivyo, kama hajui, aelezwe.

Kuna mmomonyoko wa maadili---

On a point of order, Madam Temporary Speaker.

There is another point of order. Proceed, Sen. Wario.

Bi. Spika wa Muda, ningependa kumweleza rafiki yangu Seneta Faki aseme “Bi. Spika.” Angekuwa ni “Bwana Spika” kama angekuwa ni mwanamume, lakini kwa wakati huu, aliyeko ni Bi. Spika. Asante.

Continue, Sen. Faki.

Asante, Sen. Wario. Nilikuwa nimesema “Bi. Spika.” Inaonekana kwamba katika Jamhuri yetu ya Kenya, kuna mmomonyoko wa maadili. Ndipo unapata kwamba watu wako na nguvu za kwenda mpaka kuvamia shule na kuwanajisi wanafunzi wa kike katika bweni lao wakati wamelala. Hivi majuzi pia tumeona katika vyombo vya habari watoto wadogo wadogo wananajisiana na kulawitiana wenyewe kwa wenyewe. Hilo linamaanisha kwamba kuna mmomonyoko wa maadili. Wizara Ya Elimu inapaswa 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. Haji.

Bi. Spika wa muda, ningependa kumshukuru Sen. Mercy Chebeni. Kama vile jina lake ni “Mercy,” she is “merciful” ndipo akaleta Hoja hii hapa. Bi. Spika wa Muda, nafikiri nchi hii inataka maombi katika roho zetu sote. Mambo mengi yanaenda kombo kombo kwa sababu ya watu kutojali dini wala maadili ya jamii yetu ya Kiafrika. Sio wasichana peke yao wanaoharibiwa, bali pia wavulana. Kina mama pia wanajiharibu wenyewe kwa mambo ya usagaji; ilhali wanaume wanakubali kuoana wao kwa wao. Haya ni mambo yasiyoambatana na mila za Kiafrika wala dini yoyote ile. Kwa hivyo, kuna haja ya hatua kamili kuchukuliwa. Hawa wanaume wanaowaharibu hata vijana waliowazaa wenyewe sio watu wa kufungwa wala kufungwa maisha. Napendekeza kwamba watu hawa wanafaa kupigwa mawe mpaka wafe ili kila mtu aone kwamba kufanya mambo kama hayo ni hatia mbaya sana mbele ya Mungu na mbele ya nchi. Bi. Spika wa Muda, sidhani kwamba mambo haya yanaweza kutekelezwa na Wizara ya Elimu. Iwapo wazazi wenyewe hawafanyi wajibu wao, itakuwa vigumu kwa mambo kama haya kuisha. Kwa hayo machache, naomba kuunga mkono Hoja ya Sen. Mercy Chebeni. Asante, Bi. Spika wa Muda.

Proceed, Sen. Mugo.

Thank you, Madam Temporary Speaker, for the opportunity to also support this very important Motion. I also congratulate the Senator for this timely Motion. This is a big problem, not only in Nairobi, but all over the country. I would like to tell my friend, the Senator, that it is not only one case, but many cases. Maybe it is only that this one case of Moi Nairobi Girls Secondary School was given such publicity. We, therefore, commend the Minister for Education for the action she took immediately. That should be just the beginning; she must go deeper into this. Madam Temporary Speaker, it is true that girls are mainly the ones who are harassed, and more care must be taken towards them. However, the boys are also affected. In boys’ boarding schools, especially the newcomers are harassed and sodomised. I remember the case of a boy who was sodomised and admitted to the Nairobi Women’s Hospital. For a long time, he could not speak because he was so traumatised. The Ministry of Education must, therefore, look into this issue and make sure that there is proper discipline in all the schools. The male teachers who harass girls should be in prison for life. I ask the Senate Justice, Legal Affairs and Human Rights Committee to look into the law and see whether we need to strengthen it so that we can give judges a stronger hand to put these people behind bars for life. They have no right to live in the community. The other thing that the government should look into--- 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 Senator, your time is up. Finally, we give this chance to Sen. (Prof.) Ekal.

Thank you, Madam Temporary Speaker, for giving me the chance to contribute to this very important Motion. I thank Sen. Chebeni for bringing it to the Floor of the House. The question of people abusing children and causing problems to a point where they could infect them with harmful diseases, is one that the country should take very seriously. You only have such problems when there is a breakdown in law. Out there in the society, we have people who are called paedophiles; these are people who are sexually ill. Such people should be ironed out of the society and stay in jail, where they can be medicated. If there are such people in schools, they should also be brought out and put in jail, where they can be medicated. Madam Temporary Speaker, I am a teacher, having trained at the former Kenya Science Teachers College (KSTC). In the field of education, there are ethics, which stipulate that any learner – whether in primary school or at the university – is a child to that teacher and should not be looked at in a sexual manner. I, therefore, think that this is also a question of lack of training. If the teachers do not understand the ethics of education, they should be retrained so that they understand that they should not be messing around with school girls. If that is the case, of course, they should be put in jail. The same applies to those who mess with school boys. We should, therefore, take this issue seriously as a society and as a community so that we can get those people out of the society. Thank you very much, Madam Temporary Speaker.

Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon, of visiting students and teachers from Silibwet Secondary School in Nyandarua County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit. I thank you.

Madam Temporary Speaker, before I issue this statement, with your permission and direction if it is possible in the next business which is The Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018). Let us allow two or three other people to make contributions so that we can put the two Bills into Division. This is because we need The Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018) to be completed at this stage. I am sure the two whips are going to consult on that so that you can give us direction. Thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, pursuant to Standing Order 42 2 (c), I hereby present to the Senate the business of the House for the week commencing Tuesday, 12th June, 2018. The Senate Business Committee will meet on Tuesday, 12th June, 2018, to schedule the business of the Senate for the week. Subject to further directions by the Senate Business Committee, the Senate will on Tuesday continue with consideration of business in today’s Order Paper that will not have been concluded. Hon. Senators, on Wednesday 13th June and Thursday 14th June, 2018, the Senate will consider business that will not have been concluded on Tuesday and any other business scheduled by the Senate Business Committee. Hon. Senators, the following Bills are at the Second Reading stage: a) Office of the County Attorney Bill (Senate Bills No. 3 of 2018) b) The County Government Retirement Scheme Bill (Senate Bills No. 6 of 2018) c) The Public Participation Bill (Senate Bills No. 4 of 2018) d) The Disaster Rescue Management Bill (Senate Bills No. 8 of 2018) e) The Retirement Benefits – Deputy President and Designated State Officers (Amendment) Bill (Senate Bills No. 2 of 2018) f) The Physical Planning Bill (National Assembly Bills No. 34 of 2017) g) The Irrigation Bill (National Assembly Bills No. 46 of 2017) h) The Kenya Roads Bill (National Assembly Bills No. 47 of 2017) i) The Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018); and j) The County Boundaries Bill (Senate Bills No. 6 of 2017) which is scheduled for division. There are also four Bills due for Committee of the Whole, namely:- a) The Assumption of Office of the County Governor Bill (Senate Bills No. 1 of 2018) b) The National Flags, Emblems and Names (Amendment) Bill (Senate Bills No. 8 of 2018) c) The Food Security Bill (Senate Bills No. 12 of 2017); and d) The County Government (Amendment) Bill (Senate Bills No. 7 of 2017). There are also pending Motions and Petitions which will be scheduled for consideration. I would like to once again remind committees to prioritize considerations of Bills and Petitions committed to them. Thank you, Madam Temporary Speaker. I hereby lay the Statement on the Table of the House.

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

The last Senator who was on the Floor as we were closing business yesterday was Sen. Mwangi. You have a balance of 16 minutes. Would you want to continue? That was the balance but you can take whatever time you want, even if it is one minute.

Madam Temporary Speaker, I can take three minutes because of the urgency of the matter.

That is okay.

Madam Temporary Speaker, when we are dealing with a Bill like this and the funds we are talking about particularly in agriculture, we should have water for the purposes of irrigation. Having said that, I am of the opinion that some of the counties in this country have been marginalized for far too long. For a county like Nyandarua in the former Central Province, people can assume that it is developed like other counties in the nation. However, we know that we lack infrastructure in Nyandarua County. We have no roads. People can assume that because we are in the former Central Province, we are well-endowed. We have no water facilities and electricity. We are underdeveloped. We are even worse-off than Tana River and Turkana counties. It is time to think of those underdeveloped counties so that we can have roads, water and electricity like other Kenyans. There is no county that can develop without infrastructure. Other things like industries come later when we have infrastructure. Without infrastructure, we cannot develop industries, and the residents of Nyandarua County will be relegated to poverty. We want every part of Kenya to be developed. We do not just want a few counties to be developed. The money we get for devolution is not adequate to put Nyandarua County where it is supposed to be. We need funds from the national Government so that our roads, water and electricity can be done so that we can be at par with other counties in the country. Madam Temporary Speaker, we are elected to represent our people. If we do not represent our people in this House, then we will be relegated to bad places. We want this Government to hear. I am not fighting the Government. No, I am for the Government. However, I want the Government to also know that we are elected for the purposes of representing our people. It is time that we get development in Nyandarua County like other counties. They are getting what they want. We have those problems. I will sit down because of the urgency of this Bill so that we can vote for it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Finally, the Senate Majority Leader, Sen. Murkomen of Elgeyo Marakwet County, proceed.

Thank you, Madam Temporary Speaker. I thank you for giving me this opportunity to contribute to this important Bill. It is important that I make contribution because the proposed amendments touch, among others, my county. These amendments are necessary to increase the allocation for conditional grants to our counties. It is important that these amendments were brought in good time before we start the 2018/2019 Financial Year. Madam Temporary Speaker, these three programmes namely; the Agriculture Sector Development Support Programme, the Water Tower Protection and Climate Change Mitigation Adoption Programme, and the Kenya Urban Support Project of the World Bank are very important for devolution. To start with, insofar as agriculture is concerned, we are facing many problems in the agricultural sector at the moment. One such problem is the relationship between the national Government and county governments in giving support to the agricultural sector. Considering that the Constitution in the Fourth Schedule has devolved agriculture almost entirely except agriculture policy at the national level, it is important that even as we give out these conditional grants - as the Senate- we need to relook at the agriculture laws and the working framework between national Government and county governments. One of the things I realised the governors raised the other day in their state of counties address was that they have a problem with Summit meetings that are not structured. Also, the agreements and reports of the Summit are not made public. It must be remembered that under Intergovernmental Relations Act, the Summit is supposed to bring all reports and agreements made between national Government and counties to the Floor of this House for interrogation. Also, so that we can be guarantors - as the Senate - for the effective implementation of those agreements. Madam Temporary Speaker, for the last five years, and even in the last Parliament, there were many agreements that we have seen the President with the Chair of the Council of Governors (CoG) and the governors standing behind them saying that the Summit has met and agreed on health, agriculture or matters waters. However, no report has ever been tabled in this House for us to see the contents of that agreement. This House urges the President and the CoG to follow the law and make sure that the Summit meetings are structured and the reports from the Summit can be debated and tabled in this House. That way, by the time we are doing the Division of Revenue Bill and talking about conditional grants, we know that they are supporting a particular legal structure or agreements that have been made between the national Government and county governments. We have been told that the Agricultural Sector Development Support Programme is supposed to support the development of sustainable value chain for agriculture, so that we can ensure that we have proper production and processing of agricultural products. We will have small factories and co-operative societies at the local level. One of the persons who spoke recently with passion about co-operative societies is the Chairperson of the Committee on Agriculture, Livestock and Fisheries who is a former Minister 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.

Hon. Senators, before I call upon the Mover to reply, I would like to plead with you to stay in the Chamber. Please do not leave because it is very important and critical this afternoon. I now call upon the Mover to reply.

Thank you, Madam Temporary Speaker. I want to thank the Senators who have contributed to this Bill. I have heard the sentiments of Sen. (Prof.) Ongeri, Sen. (Prof.) Kindiki and others. They have raised very pertinent issues. Sen. (Prof.) Ongeri has raised the question of disposal of the medical equipment. Sen. Murkomen has asked about the water towers. Sen. M. Kajwang’ spoke about fisheries and agriculture. I would like to ask the Chairperson of the Standing Committee on Agriculture, Livestock and Fisheries, Sen. Ndwiga; the Chairperson of the Standing Committee on Health, Sen. (Dr.) Mbito; the Chairperson of the Standing Committee on Lands, Environment and Natural Resources, Sen. Mwangi; - Sen. Mwangi is my friend and I appeared before him in 2001 when he was the Chairman of Public Accounts Committee (PAC) and he really harassed me - to seize the opportunity and interrogate these conditional grants to ascertain whether they are spent well. We have had an opportunity of interrogating these conditional grants. I want to say that Makueni County is receiving a lot of support on health because there is a good picture that we have created. So, it is an opportunity for the Senate to make sure that these monies are used well. This is because, out there, they want to support these aspects of devolution. All these conditional grants are Schedule 4 functions. I am requesting, through the Senate Majority Leader, whether we can find a method of interrogating these conditional grants so that we get a lot more from donors who are ready to support some aspects of devolution. This is because they will not only give funding, but also build the capacity. Hon. Senators, what we are lacking is not equipment, but it is the capacity. I hope the Cuban doctors are not only bringing good tidings, but they are also bringing capacity to Kenyans. We need them to train our people so that they can do what other people are doing in other nations. When I speak to this, I can see Sen. Mugo is nodding in appreciation of the good comments I am making. With those few remarks, I beg to reply.

Hon. Senators, we shall now proceed to vote. I direct that the Division Bell be rung for at least five minutes.

Hon. Senators, I now direct that the Doors be locked and the Bar drawn

Hon. Senators, please, confirm you have logged 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.

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

Hon. Senators, I now direct that the Doors be unlocked and the Bars to be drawn. Next order!

Hon. Senators, I direct that the bell be rang for three minutes.

Hon. Senators, I direct that the Door be locked and the Bar drawn.

Hon. Senators, please confirm that you are logged in. We are now ready for voting and you may vote “yes”, “no” or “abstain”. Hon. Senators who are not able to vote electronically may now approach the Clerks-at-the-Table for assistance.

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

I now direct that the doors be opened and the Bar drawn.

Next Order.

Madam Temporary Speaker, I beg to move:- THAT, this House notes the Report of the proceedings of the Inter- Parliamentary Union Hearings at the United Nations, New York, USA from 22nd – 23rd February, 2018, laid on the Table of the House on Tuesday, 15th May, 2018. The Inter-Parliamentary Union (IPU) Hearings at the United Nations took place on 22nd and 23rd February, 2018, at the UN Headquarters in New York, USA. The theme of this year’s hearing was: Towards a Global Compact for Safe, Orderly and RegularMigration; A Parliamentary Perspective. The meeting was opened by the President of the UN General Assembly, Mr. Miroslav Lajčák and the IPU President Sen. Gabriela Cuevas Barron. The UN Secretary- General, António Guterres also addressed the participants. The Hearing allowed for a comprehensive parliamentary perspective on key questions of migration, and helped inform the UN negotiations towards a global compact on migration. This is a new framework for the practical arrangements that need to be put in place globally and nationally to ensure migration is properly managed, with due regard for the human rights of migrants and the sovereign rights of states. During the Hearing, parliamentarians observed that while migration is a reality the world over, it is too often governed by states in an ad hoc and disjointed manner. Migration is too often involuntary, caused by war, climate change, famine, natural disasters and terrorism. Parliamentarians therefore underscored the need to address the root causes of large-scale migration and to ensure that migration is by choice rather than a necessity. They also stressed that migrants were human beings who deserve to be treated with dignity and respect, and to have their human rights recognized and enforced. The narrative on migration should be changed to one that focuses more on good practices in communities. The MPs expressed concern that migrants frequently were the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I rise to support this Motion. The Inter-Parliamentary Union (IPU) is a very important platform and I am happy that the Speaker was kind enough to send Sen. Shiyonga to the IPU platform. I was concerned at the beginning of this session because we were represented by nominated Sen. Mukite in the forum for women. I have acted as a Rapporteur from Kenya for the 162 Parliaments on gender parity issues and I can confirm that the input and quality of legislators you find at the IPU is beyond question. Madam Temporary Speaker, this question that was being addressed in the programme in the United Nations (UN) in New York is really boring. There is the issue in Manama and, in particular Reijer, where over 600,000 people have been moved in the whole of Europe because of the war in Syria. The realisation by the world of the problems that we have had in Kenya for the last several years because of the war in Somalia has now come to pass. When we were asking all these nations to support us because of the two camps that we have in Dadaab and Kakuma, people thought it was a joke. But when they started closing boundaries in Europe because of immigrants, the influx was unbelievable. It became a humanitarian crisis when children were washed ashore from the sea and families were destroyed. The orders that are being given by the President of the United States of America, Donald Trump, to the effect that people should go back to their countries like Mexico, is splitting families. This question has come because the world did not realise that in any situation where there is a war – whether you are deposing Muammar Gaddafi, whether you are unhappy with Saddam Hussein or whether you are unhappy with Bashar al Assad – the resultant crisis is immigration. This immigration has caused immeasurable problems all over Europe and I am glad that it became a topic for concern for the IPU Parliament. I participated in a session where one MP from Maldives and another one from Bolivia were exiled by their own governments and attacked in Parliament. 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. Migration has a very painful feeling to those who are involved in the exercise. It either means 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.

That is a good contribution. Let us have, Sen. Kajwang Moses Otieno, the Senator for Homa Bay County.

Thank you, Madam Temporary Speaker. I rise to support this Motion. The IPU is one of the ways through which parliament engages in diplomacy; something called Parliamentary diplomacy that people do not take seriously. We believe that diplomacy is only when a Cabinet Secretary and other state officials engage with foreign nations. It needs to be said that Parliament also carries out its diplomacy through organisations like the IPU, the Commonwealth Parliamentary Association (CPA) and other different parliamentary groupings that this Parliament has subscribed to. When this Motion was moved, I was not sure whether we would talk about migration or immigration, but because this is a kind of dissection of English that lands me in trouble, I will migration and immigration as being close. However, strictly speaking, migration is temporary movement of persons from one country to another, necessitated by natural disasters like drought, famine or war. They get back to their home countries at some point, whereas immigration tends to be permanent. We are all products of immigration and many countries are products of human migration. For example, it is difficult to say who the indigenous people are in Homa Bay County. Perhaps, it was the Maasai or the group that we called the Lang’o, who today we call the Nandi, but definitely, it is not the group we call the Luo or the Abasuba that inhabit those areas. We moved from all corners of Africa. Some people came from Uganda, others from Tanganyika, Sudan and Congo. So, migration and immigration has been a human activity for a long period of time. Many communities in this country, in their folklores and historical stories, talk about their ancestors from a migratory perspective; how people left Sudan, the Congo and Egypt to get to where they are today. This is something that has been going on with human beings for a long time as it has been going on even with animals for a long time. Many modern nation states, as I said earlier, are products of migration and immigration. In the United States of America (USA) it is easy to forget that there were indigenous people. We ended up calling them Red Indians, but those were the original inhabitants of the land that we now call the USA. The USA is a melting pot of cultures as a result of migration and immigration. You will find the Irish, Germans, British and people from all over the world there. You will even find Africans who went to the USA, not out of choice but because they were carted in slave ships and had no option but to labour in the USA as slaves. It is a good thing that issues of slavery were dealt with in that country in the 1960s and 1970s. If you go to Canada, it is said that someone discovered Canada, yet there were indigenous people in Canada. It is said that somebody discovered Australia, yet there were the Aborigines in Australia who today live on the fringes of society. In fact, it is said that in Australia, the Aborigines live in near third world conditions while the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I rise to support this Motion because it touches on human life which is very important to each one of us. As an individual, I am deeply concerned with anything that touches on the life and dignity of human beings. The Inter-Parliamentary Union (IPU) is an important body that exists to protect and build global democracy through political dialogue and concentrate on actions. It is a body that we all need to support and stand with because of what it stands for. We also know that migration is a global phenomenon that requires global action. As the Senate, we have to play a major leadership role simply because these people depend on us. I come from the northern part of Kenya and as I was growing up, we used to receive many refugees from Ethiopia, Somalia, Uganda and other places. I remember we used to say that they carried a lot of things as they came. Sometimes, they are labeled as people who bring diseases. We do not give them the opportunity when we know the dilemma they go through at that particular time. Recently, towards the beginning of this year, I visited Moyale which is on the border of Kenya and Ethiopia. When I met the refugees, I was deeply touched by the expectant mothers and young people who were suffering in different ways. My mind went back to the image I used to have while growing up. We need to protect these people. Madam Temporary Speaker, every year, millions of children, women and men become victims of human trafficking and criminals earn an estimated $32 billion out of it. Many young people are also sexually abused. When that happens, we know the challenges that come with it. As the Senate, we need to rally behind this and put into consideration the social cohesion and integration of this part. We need to accommodate them and work towards their relationships with the people. With those few remarks, I support.

Thank you, Madam Temporary Speaker. I applaud the Kenyan delegation that went for the IPU hearings to discuss the issue on the impact of safe, orderly and regular migration. These migration laws have come at the right time when we are having a crisis of refugees from Syria heading towards Europe. Coming closer home in Kenya, we also have the same issue because we are the hub of economic progress in this region. Every time our neighbours are in some unstable state, we receive these immigrants. So, it is crucial to have a law that will guide on how to deal with these immigrants globally. I have seen immigrants who are looking for work permits queue for so many days at Nyayo House. Under what law are we dealing with them especially when they come to look for jobs that Kenyans can do? These laws are also important to protect immigrants socially and economically. It will cure the issue of professionals, for example, engineers who go to western countries and engage in “funny” jobs like becoming petrol station 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 will now call upon the Mover to reply.

Thank you, Madam Temporary Speaker. I thank those that have contributed to this Motion. All contributions, inputs and sentiments that have been discussed in this House will be taken into consideration to enrich this report. It is to an extent of this that we take up these contributions seriously to make sure that they are implemented as deserved.

Thank you. I will now put the question.

Let us move on to the next Order.

Thank you, Madam Temporary Speaker

Madam Temporary Speaker, thank you for giving me this opportunity to add my voice on this Motion. This is a self-explanatory Motion. It is not one that we should belabour to pursue to the Government to register those living with disabilities. Disability is not inability. If this Government can register 45 million Kenyans, why is it not able to register about 20 per cent or 30 per cent, out of the 45 million people who are living with disabilities? This is an exercise that should be done. I thank Sen. Khaniri for bringing this Motion to this House. We have heard the Senator from Kakamega articulating these issues because she knows them. These people should not be given conditions to be registered. They are human beings and Kenyans. They should just be registered. If the Government was waiting for a Motion like this one, it has come. They should now go ahead and register the people living with disabilities. Madam Temporary Speaker, PWDs are normally forgotten in some areas. Last year, 15 counties did not have a list of people living with disabilities nominated as MCAs. Some of us had to go to court. I went to court in Nyahururu because there was no PWD who was nominated as an MCA. This should not be repeated. These people are supposed to get the same advantages as those living without disability. Nobody chooses to be a PWD. It is a situation that just happens. Some people are born as PWDs, while some end up at as PWDs by virtue of what happens to them in life. We should not discriminate against those living with disability. In my view, registration should not be a big issue. The Kenya National Bureau of Statistics (KNBS) should undertake to ensure that they know all those who are living with disability. These people are very able. Some of them can go a long way to develop the economy of this country more than those not living with disability. We should have a record of the PWDs. That is the only way forward. Some of us without disability assume that there are no PWDs amongst us. That is why we have this problem. Some selfish offices think that they can only deal with those who are able. The time has come when the PWDs should be recognized, their location and type of disability known by the Government. Madam Temporary Speaker, there should also be a fund to assist those who cannot participate so much in building the economy of this country. There should be a fund to assist those who cannot make money themselves or get involved in gainful employment. In some of the countries like the United States of America (USA), even the able people who are unable to earn a living are given money by the Government. I am not saying that we should go to that extent, but can we handle the issue of the PWDs and see to it that nobody goes hungry because of a disability. Nobody should go without shelter or clothing because they are living with a disability. Those who are able should pay taxes to cover the PWDs. It would not be a big deal to register about 40,000 to 50,000 people who are living with disability. The Government should have commitment to ensure that they are all registered. We should create offices for them, which will see to it that the PWDs are registered, just like we have registered 40 million people. I do not see the big deal in registering these people. Most of the PWDs live in abject poverty. While we enjoy our lives in Kenya, some of those living with disability are unable to enjoy life because they cannot afford to work and earn a living due to disability. Knowing that there are such The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you very much, Senator. Proceed, Sen. Were.

Thank you, Madam Temporary Speaker. I would like to thank the Mover of this Motion, Sen. Khaniri. The Motion is on Registration of PWDs. It is crucial for these people to be known. This is because some of the special children with disabilities are locked up in homes. So, mandatory registration will force parents to bring these children out and the Government can assist them to go to school. Article 54 of the Constitution provides that no one should be left behind, especially the PWDs. They also have rights like everyone else. We should know where they are, so that we can reach to them at their point of need. The other reason why it is important that we register the PWDs is the issue of the political parties’ nomination lists. In the counties, we expect the PWDs, women and youth, to be among the people who are nominated into the county assemblies. However, only 17 counties have nominated Members of the County Assemblies (MCAs) who are PWDs. When you ask political parties about this issue, they will answer: “Where are these PWDs? Tutawapata wapi ? Where will we get them to put them on the party nomination list?” I do not want get into a language that I will not finish with. So, I will continue in English.

Hon. Senator, you know very well that you cannot mix the languages. So, you better just concentrate where you are best in.

Thank you, Madam Temporary Speaker. I will speak using the English language. However, they usually ask that question in Kiswahili and that is why I was tempted to say it in that language. They will ask, “Where do we get these PWDs to put them on the party nomination list?” The law requires that these people are put on the party list for nominations. However, we do not know, as political parties, where to find them. With registration of these PWDs, we will be able to get them. Some of them with capabilities will be nominated to serve in county assemblies, the Senate and the National Assembly. They should also serve in other areas in building this nation. People also take advantage of a lacuna in the law which does not force political parties or the Independent Electoral and Boundaries Commission (IEBC) to have PWDs The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. (Rev.) Waqo.

Madam Temporary Speaker, thank you for giving me this opportunity to add my voice to this important Motion on registration of Persons with Disabilities (PWDs). It is 55 years since Kenya got Independence.Talking about this and stating that we do not have the data that can guide the nation shows that we have not played our role well. That is why I support this and I urge the relevant institution to take necessary action and do the proper finding. We all know that PWDs have been neglected in the past. In fact, in the African context, when a child is born with disability the child is known to be the mother’s while all the bright, strong and the beautiful girls and handsome boys belong to the father. Most of the time, it is the women who suffer, they go through a lot of negligence and trauma. They suffer in many ways simply because our country has not given them any opportunity. I know women in my village who have tried to hide their children who are born with disabilities and do not want to talk about this because they do not want to disclose the shame related to disability. It is high time for us, as a nation, to give this the attention it deserves and request our Government to fund the necessary institutions so as to get the data that can guide us. Many PWDs have been exploited and misused in many ways. When we get to know the data the whole nation will be guided. They deserve education; many of them have been denied that opportunity. They also need proper shelter because the housesor the small huts they live in are not conducive enough. It is high time the Government considered giving them proper bedding, clothing and anything they need to be comfortable as long as they are here on earth. In fact, as a Government, we should plan for their basic needs.As a result, these people can sit as their mothers fetch firewood, feed other children and engage in other chores. Even for the ladies who are employed, it is not easy to take care of their disabled children. It is known that the people living in the cities are given attention while the others in the villages are neglected. My request is that even as we give attention to the people who live in towns or the people who are known to the politicians, we should give the same attention to the people who live in the rural areas, who nobody thinks or talks about. With those few remarks, I support the Motion and congratulate the Mover.

Well spoken. Sen. (Prof.) Ongeri, proceed.

Madam Temporary Speaker, it is actually very painful for me to contribute on this Motion on the question of requesting or calling upon the National Council of Persons with Disabilities (NCPWDs) in collaboration with the Ministry of East African Community, Labour and Social Protection to carry out nationwide registration of persons living with disabilities. 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 Senator’s suggestion that it should be incorporated in the next census will be a good shortcut for us to know the number of PWDs we have in this country. Proceed, Sen. Shiyonga.

Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute to this Motion of Registration of PWDs. This registration is long overdue in our country. I know that thisparticular exercise comes with its own expenses, but it is the right of PWDs to be accounted for, wherever they are in in this country. These people, just like any other person, need to enjoy the rights of being educated, owning properties and basic rights as a whole. Madam Temporary Speaker, it is very disappointing to see that most of PWDs are not accounted for. The data given of slightly above 10 per cent is not accurate. There is, therefore, the need for these people to be accounted for one by one, until we get the approximate, if not their actual number. Madam Temporary Speaker, most PWDs live in terrible poverty and they are hidden. We sometimes see them on television when someone has tried to highlight their issues. Some are even kept in cowsheds, are tied with chains and are frustrated. PWDs are human beings who need to be respected and they need their rights, just like any other person in this country. It is high time that PWDs, both at the national and county levels are accounted for so that they can be incorporated into different programmes and projects that favour their disability needs. When we have accurate statistics on the same, we can align them with a budget and be able to meet all the needs. If not so, we can meet some important things that they need in this country. That category of people think that they are a bother to those who are well but these statistics will enable us to make them not feel that they are a bother or parasites to people who do not care for them. It is the high time that we put the exercise in place and account for these people as well as look at how best we come up with a programme or bring their needs on board so as to help them. Having been born with some, I can say that these people are vulnerable in our communities as alluded to by some of my colleagues and some of them, especially women, are abused. As women, we go through a lot when we are well and you can imagine what happens when one has an extra problem, especially on their physique and they are abused. It becomes so demonizing that one cannot take account of their life. Considering how some of these people are handled in our communities, this is the best time for us to account for these people so as to have the Government take portion of their needs at the national level, for them to be assisted so as to prevent them from being embarrassed or frustrated. With those remarks, I beg to support the Motion.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this important Motion of registration of persons living with 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. Kasanga Sylvia Mueni.

Thank you, Madam Temporary Speaker. I rise to support this Motion. I want to thank Sen. Khaniri and Sen. (Dr.) Musuruve because they continue to enlighten me on the plight of Persons with Disabilities (PWDs). If I am being enlightened, I am sure other Kenyans are also being enlightened. As I said last time, we tend to live in a bubble; unless you are directly affected, you do not get to think about the other people. It is shocking that the PWDs go through this registration challenge. In fact, it is unbelievable that we have Kenyans in our new constitutional dispensation having a challenge in registration. I cannot believe it. We have four million PWDs; actually, if they came together as a voting bloc, they would sway the election outcomes. Maybe we should think of them that way so that we take everything about them seriously. It is shocking that in a country that prides itself as being advanced we lag behind in some basic things like recognition of human rights, which is in the heart of our new Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, this Motion still has a balance of one hour and 48 minutes when debate resumes. So, next time it is scheduled to appear on the Order paper it will be accorded that balance of time.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until Tuesday, 12th June, 2018, at 2.30 p.m. The Senate rose at 6.30 p.m. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.