Hon. Senators, I have the following communication to make. The Senate, in partnership with the Centre for Alternative Dispute Resolution and the Chartered Institute of Arbitrators, Kenya Branch, has scheduled a Breakfast Meeting to sensitize Senators on Alternative Dispute Resolution (ADR). The Centre for Alternative Dispute Resolution has invited a number of seasoned facilitators who shall cover diverse topics, including- (1) Dispute Resolution Mechanisms. (2) Structures and Principles of Arbitration; and, (3) Overview of the Intergovernmental Dispute Resolution Regulations. As Hon. Senators will observe, these topics are at the centre of the Senate’s role in ensuring the success of devolution and, specifically, the settlement of disputes that may arise between the various governments. Hon. Senators, this is to invite all Senators to the Breakfast Meeting, which will be held on Thursday, 14th June, 2018 from, 7:30 a.m. at the Intercontinental Hotel, Nairobi. I encourage all Senators to take note and to plan to attend. Kindly confirm your participation with the Office of the Clerk of the Senate for planning purposes. I thank you. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 12th June 2018. Report of the Standing Committee on Devolution and Intergovernmental Relations on Consideration of County Boundaries Bill (2017)

Mr. Speaker, Sir, pursuant to Standing Order 46(2)(a), I rise to make a Statement on an issue of general topical concern. This is with regard to the alleged plan by the Government of Kenya to import buses for the State Bus Rapid Transit Services from South Africa, instead of manufacturing them locally. Mr. Speaker, Sir, it is not right for the Government to rally Kenyans around the ‘Buy Kenya, build Kenya’ initiative and the Big Four Agenda, especially the manufacturing pillar, while at the same time being seen to be undermining the initiatives. It is in the public domain that the Government of Kenya is alleged to have placed an order for 30 buses from South Africa at a cost of Kshs500 million for the State Bus Rapid Transit Services, despite there being companies that have capacity to assemble the buses locally. Mr. Speaker, Sir, Kenya has more than six motor vehicle assemblers and around 12 body builders. Therefore, importing the buses when they can be manufactured locally does not only hurt the individual businesses, but amounts to exporting jobs at a time when local companies are reeling from the effects of economic slowdown and when there is a very high unemployment rate in the country. Mr. Speaker, Sir, manufacturing locally would benefit many companies, including companies that manufacture batteries, springs, gaskets, lubricants, iron bars and sheets, among many other items. The vibrant supply chain would directly benefit over 6,000 people employed across the industries. The local firms have the capacity to meet any demand within and outside Kenya and have built adequate factories and trained manpower over the years. They have already built over 104 high capacity buses currently being piloted on the Kenyan roads. They have, in the past, also been engaged in building double-decker buses that operate on Kenyan roads. Mr. Speaker, Sir, I observe that while Kenya is importing buses from South Africa, other countries like Tanzania are having their buses for the Bus Rapid Transit Services manufactured and assembled here in Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, we need to support the statement read by the Senator. It seems like there are some people who make policy decisions which you and Kenyans cannot understand the following morning. If we are assembling vehicles in this country, why would you want to import assembled vehicles? This cuts across many sectors of our economy because there are so many things that happen here. Yesterday, I heard farmers in Mwea complaining that they have nowhere to sell their rice, yet we are importing rice from Pakistan. There is a madness somewhere which must be curbed. Mr. Speaker, Sir, I suggest that you order that this issue be handled by the relevant House Committee, because it is serious and that the Committee reports to this House within one week.

Mr. Speaker, Sir, I use Mombasa Road most of the time and I see so many vehicles assembled at the General Motors (GM), buses included. Those are vehicles assembled in GM, here in Kenya. Why would we, therefore, be importing buses from South Africa? In fact, Isuzu Kenya even has an agreement with schools on how they can buy school buses on a preferential basis. There are, therefore, already mechanisms in this country on how we can acquire buses. Why would we, therefore, be importing buses from South Africa? With those few remarks, Mr. Speaker, Sir, I beg to support this statement. The relevant Committee should take this up as a serious matter. We cannot say ‘Buy Kenya, Build Kenya’ and continue doing things that are wrong behind Kenyans’ backs.

Thank you, Mr. Speaker, Sir, for this opportunity. I also stand in support of the Statement by Sen. Nyamunga. This is a matter of national importance. The truth of the matter is that governments exist to serve their citizens. Before we take a single shilling from the resources that we have out of this country, it is important to make sure it is spent in this country to build our economy and to create jobs. In line with the President’s agenda on manufacturing, this presents a very good opportunity for us to invest in the manufacturing sector for motor vehicles. Mr. Speaker, Sir, I, therefore, agree with Sen. Nyamunga that we should not spend money importing vehicles into this country when we can assemble them locally. By doing so, we shall create jobs for our youths, build our manufacturing sector and grow our economy. I beg to support.

Mr. Speaker, Sir, I also rise to support the Statement by Sen. Nyamunga. I am the Chairperson of the Committee on Tourism, Trade and Industrialization and we are currently inquiring into the fall of the retail markets. Some of the issues that are coming up from the stakeholders are worrying. In our meeting today, we were taken through the process of how we missed it from the early 1960s. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

.: Mr. Speaker, Sir, I rise to support the Statement. It is obvious – and most of us will not say it – that this is yet another corrupt deal. It is not possible that these buses are better than the ones that are assembled in Kenya. It is not possible that we are going to save money; somebody has already cut a deal. They are most likely old buses that have been renovated so that somebody can make a cut out of it. Mr. Speaker, Sir, what worries me sometimes when I listen to Government policies is the use of public funds. We say that we are broke; that counties should not be given more funds and that we should slash our budgets, yet we are importing buses. All our school children are using buses which have been assembled locally; all the Public Service Vehicles (PSV) or matatus have been assembled locally. Somebody somewhere is doing something wrong deliberately. Unfortunately, we are going to say so much, but very little is going to be done to stop this wanton misuse of public resources by people who, instead of buying Kenya and building Kenya, are building other countries. Mr. Speaker, Sir, we are importing salt, sugar, pencils, toothpicks, rubber and matchboxes. We are soon going to import soup. Fish, eggs and honey are being imported from China and the only thing that we have not imported is air. We must stop because there is something wrong with this country. The reason I was disappointed about the national prayers held recently is that people did not repent; they just prayed and forgot to repent their sins about misusing public resources. So, when you convene the next prayer breakfast, please make sure that people kneel down and are told their sins or the demons are cast from them because this is demonic.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I also rise to support this Petition by Sen. Nyamunga. Surely, the people who are supporting these policies are embarrassing the Government. We know that Government leaders have time and time again talked about opening plants for assembling vehicles here in Kenya, which has happened. So, we would like to urge those who formulate the policies now that we have come to this era of stopping corruption absolutely, to follow the line. It cannot be anything else but looking for kickbacks. There is a time to think Kenyan and that time is now. I support this Statement very strongly. I am sure the Committee to whom this Petition will go will do justice to it. However, more than that, we must ask the Minister in charge of this docket to do his work and stop this nonsense of importing buses. We must build Kenya. There are so many youths who are lack employment. Therefore, we must stop singing the song and take action.

Thank you, Mr. Speaker, Sir. I rise to support this Statement. Sometimes I wonder; I have never seen a person denying himself food or business. You have a business that will bring employment to this country that will make economic The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I stand to support this Statement. It is sad to hear such a business is going to take place in Kenya. More goods and services are manufactured in Kenya and it is high time markets for such goods and services are found in this country so as to improve the economy. When you hear that such goods or services are being imported, it is like dissecting Kenya and completely finishing its economy. It is a high time, as Senators, we condemned this act. For those people who are involved, they should pursue to source those vehicles from the Kenyan market rather than import them. Corruption has taken root in Kenya. In such a situation, it always indicates that there is somebody somewhere who wants to consume money somewhere through dubious means. I stand to support this Statement by saying that the Cabinet Secretary, who is concerned, should stop this importation and instead look for market for Kenya’s goods. I support.

Mr. Speaker, Sir, I rise to support Sen. Nyamunga’s Statement. This is a very clear case of impunity. We have the same buses here in Kenya, but a Chief Executive Officer or an Accounting Officer just unilaterally opts to import them. They need to tell us what their interests are because that is a clear case of impunity. We have heard cases of governors who decide to procure test kits that are available for free. Donors have given us test kits but a governor decides to purchase it knowing very well that whoever is supplying it is stealing it from the facilities that have already been supplied. Therefore, those cases of impunity should be addressed. For this particular case, whoever made this decision should be answerable, tell us why and how they reached that decision and to really convince this House.

Thank you, Mr. Speaker, Sir. I rise to support Sen. Nyamunga’s Statement and the committal to a committee to take this issue further. As the other The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir. When I saw this Statement on the Order Paper I called the Senator and was perplexed. We will spend US$5 million, when you do the mathematics, to import only 30 buses. That is about Kshs17 million per bus, which is about US$170,000. By this action, we are indeed negating the Big Four Agenda and I thank the Senator for talking about it. Instead of creating jobs locally and building our manufacturing sector, we are now obsessed with things from outside. When will we ever look at ourselves and say that we can build our manufacturing sector, help our devolved governments or even give incentives to companies to come and manufacture them here? I support this Statement and concur with the sentiments of my sister that it should be committed to a particular Committee so that action can follow for it is very sad. What will we tell the millions of our university students who graduate every year and walk in the streets because they cannot get any job? This is sad and there is no reason we should keep quiet. This House has got to condemn the move by whichever department. I do not know the department that is purporting to import. Even if the buses were to come from Germany, they would not last for long because our roads are dilapidated. The vehicles that are manufactured here are better. A company like Labh Singh Harnam Singh (LSHS) or the other one that assembles buses The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you Mr. Speaker, Sir. I join my colleagues in supporting the Statement by Sen. Nyamunga. As a country, we forget that in 1990, Kenya attempted to build its first car, which was called the Nyayo Pioneer and about five prototypes were developed. For those of us who were alive around that time, we remember that the first car could not start. President Moi attempted to start it, but it stalled. It was not a great success. We spent close to Kshs1 billion on the project of coming up with a Kenyan car. From 1990 to date is enough time for someone to become a voter; we are talking of more than 28 years down the line. As a country, we have not learnt our lessons from that initial experiment. We went ahead and established the Numerical Machining Complex (NMC). The mission of NMC states that it is set up or formed for the purpose of manufacturing motor vehicles. The question is: How many motor vehicles has NMC ever produced, yet it continues to be funded and financed by tax payers’ money? It continues to gobble money and here we are, instead of challenging NMC to give us a vehicle, we are going to South Africa to buy a vehicle. Building a motor vehicle has been demystified. Elon Musk, the South African who migrated to United States of America is building electric vehicles and spaceships, which was previously the domain of Boeing and big government contractors. As a country, we cannot say that we want to achieve the Big Four Agenda when we are doing these kinds of ridiculous things. We had the ‘buy Kenya, build Kenya’ mantra and challenged the Cabinet Secretary for Industrialization and Enterprise Development and the Government to revive it. There is no way we will achieve the Big Four Agenda if, on food security, our maize comes from Mexico and sugar from Brazil; on health care, our equipment comes from the United States of America and our doctors come from Cuba and on manufacturing, our buses are coming from South Africa. When building our houses, where do our tiles come from? Most likely, they are not produced from the kilns in Athi River. We import tiles from China and even roofing materials from the West. As a nation, we must be serious and I join my other colleagues in pushing for the Government to take measures to ensure that these are done here. We have people who build the matatus that ply the Eastleigh and Rongai routes. It is only in Pakistan where you will find more colourful and vibrant matatus than the Kenyan matatus. I believe that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Ahsante Bw.Spika. Nasimama kuunga mkono Taarifa hii kwa kusema ya kwamba nchi yangu ya Kenya ni nchi ambayo ni ya ajabu. Ni kama nchi ya kusadikika. Ukweli ni kwamba nikama tumeadhiriwa na ukoloni mamboleo kiasi cha kwamba hakuna kitu ambacho tunakithamini hapa nchini. Ni lazima tutafute kitu kinachotoka ughaibuni ndiposa tusema ya kwamba tunaendelea vizuri. Kwa hivyo, ukiona mambo kama haya yakitendeka, inaonekana ufisadi unakithiri. Kwa hivyo, nivizuri tujiamini kwanza. Inaonekana kwamba tunaendelea na ukoloni mamboleo. Tumepeleka fikira zetu na imani yetu yote ughaibuni. Kile ambacho tunafaa kufanya ni kujiamini. Nilienda Ujerumani na ndugu yangu Sen. Mutula Kilonzo Jnr. ambako kahawa ambayo imetoka hapa nchini inauzwa. Hiyo ndio kahawa ambayo ni nzuri sana. Tukienda huko, tunaaminika ilhali sisi wenyewe hatujiamini. Kwa wale ndugu zetu kutoka Zambia ambao wamekuja kujifunza mambo ya kupigana na ufisadi hapa Kenya, tunawakaribisha. Tutawafunza kwa sababu sisi wenyewe tumeona mambo hayo. Tukitilia mkazo ya kwamba tunataka kuwachana na hayo mambo, nina imani na ninajua ya kwamba tutaweza kufana. Lakini, itakuwa vigumu kama hatujiamini sana. Kamati ambayo itafuata mambo haya inafaa kupata chanzo na maana ya mambo haya kutendeka. Asante, Bw. Spika.

Thank you Mr. Speaker, Sir. I rise to support Sen. Nyamunga’s Statement. It is wrong to import vehicles from South African when they can be made here. Corruption has been made official in this country to the extent that we may be about to build an office and say that, that is where corruption will be done. We have heard of people who have stolen Kshs9.9 billion from National Youth Service (NYS). One wonders how Kshs9 billion can be siphoned out of NYS without the knowledge of the Cabinet Secretary and the officers from the Ministry such as the Principal Secretaries. It is time that those people who are heading institutions where corruption is perpetrated are arrested. Let us not only arrest the Director of NYS. Let us bring everybody to book. Let us arrest those heading those institutions. Corruption can only be fought from above. We cannot fight it from a messenger’s position. Unless we do that, we will sing this song for a long time and nothing much will happen. We have local car assemblies in Kenya, why would somebody dream of importing buses from South Africa? We need to create jobs in this country because our young people do not have jobs. We have decided we want to get buses and instead of purchasing them from the local car assemblies, we want to purchase them from South Africa. Most of the offices in Kenya today are used as conduits to siphon money to some destination. This Senate needs to stop that. We have people who are importing bananas, carrots, onions and other fruits yet our farmers have no market for their produce whereas we are importing from South Africa what can be produced locally in Kenya. We should 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. Madzayo, the Floor is yours.

Asante, Bw. Spika. Hivi karibuni tumeona ---

Sen. Madzayo, are you speaking off the microphone?

La, kipaaza sauti kiko sawa.

Please, proceed.

Bw. Spika. hivi karibuni tumeona kwamba, mhe. Rais baada ya kusalimiana kwa mkono na kupigana pambaja na mhe. Raila Amolo Odinga, waliipa kipaumbele swala la kupigana na ufisadi. Jambo hili la kutengeza mabasi laonekana limechukuliwa kabla ya Rais mwenyewe kuchukua hatua ya kupigana na ufisadi. Hivi sasa, kuna watu ambao kabla ya amri hii ya kupigana na ufisadi kikamilifu, wao walikuwa na mipango ya kuiba; walikuwa na mipango ya kufanya ufisadi ndani ya ofisi ili wapate pesa kutoka kwa umma. Ikiwa hili ndilo jambo ambalo walikuwa wanalidhania hawa wafisadi, basi nafikiria, mhe. Rais sasa hivi, ni wakati wake wa kuchukua nafasi hii kuweza kukomesha jambo hili. Katika nchi yetu ya Kenya, tuko na makampuni ambayo yanatengeneza mabasi. Mji wa Mombasa kuna Associated Vehicle Assembly wanatengeza mpaka malori, wacha mabasi. Ikiwa tunatengeza malori, sembuse mabasi? Tunao vijana wetu wa jua kali hapa Nairobi wanaopaka magari rangi, wanafanya repair na bodywork. Tuna makampuni kule Thika zinazotengeneza hata Land Rover. Sioni kwa sababu gani nchi yetu iingie hasara ya mamilioni ya pesa kama haya ya kuleta mabasi kumi, ishirini, thelathini au hamsini kutoka Afrika Kusini. Huu ni ufisadi. Tunamwomba mhe. Rais achukue hatua na kukomesha jambo hili ili lisitendeke tena. Kando na kutotendeka tena, mtu asiwe na fikira ya kufanya kitendo kama hiki ambacho wananchi wa Kenya watapoteza pesa kwa ajili ya ufisadi. Asante. Naunga mkono.

Hon. Senators, since the statement was sought under standing order No. 46(2)(a), it does not require referral to a committee. The relevant committee will pick up the matter and follow it up. I am sure they are seized of the matter because they heard the member when she presented it. Senator for Mombasa County, Sen. Mohamed Faki Mwinyi Haji. DISAPPEARANCE OF SEVERAL PERSONS FROM MOMBASA COUNTY

Thank you, Mr. Speaker, Sir. I rise pursuant to provisions of Standing Order No.46(2)(a) to make a statement on the disappearance of several persons from Mombasa County and the country in general. In the recent Past, several persons in Mombasa County have been abducted and disappeared in mysterious circumstances without trace. The recent case is that of Husni Mbarak who went missing on Friday 25th May, 2018. He was abducted by four-armed The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Bw. Spika, ningependa kuongea kidogo kuhusu kauli ambayo Sen. Faki ametoa. Hivi karibuni, tabia ya polisi imekuwa ya kusikitisha sana, haswa ukizingatia ya kwamba wanapigana na majambazi. Katika maeneo ya Pwani, vijana wengi sana wamekuwa wakishikwa na kuitishwa vitambulisho. Akiwa nacho, anaamrishwa aingie ndani ya gari, kisha aende kujibu mashtaka mbele. Yule asiyekuwa na kitambulisho atapona tu akitoa Ksh200 au Ksh300 ili aweze kupata uhuru wake. Tunaona tabia kama hizi zinaanza kuingia katika polisi wetu hapa Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to comment on the Statement brought by Sen. Faki. From the outset, I support it simply because we have a lot of challenges in our counties, one of which is the enforced disappearance of youth. You cannot just expect children to disappear from homes and even schools. For example, you will find that a child has disappeared from school in Isiolo County, yet the school authority and the parents do not know anything. Who is going to be responsible? They only hear of the disappearance when schools are being closed. Honestly, is that really fair? How can you give a child an off, he does not report, the parents are not aware and it is not even reported to police? We, therefore, need to crack the whip and ensure that schools take action against children who disappear, report such a matter to the police or even alert the parents. This is very unfair because the right to life is an important aspect in our constitutional provisions. Mr. Speaker, Sir, regarding the issue of terror suspects, you will find children being suspected, arrested and taken to court. Sometimes, there is no evidence and the prosecution asks for more time to investigate. Why did you not investigate in the first place before you arrested these children? Secondly, there is no evidence that the child is remanded for even one or two years; some of them are even below 18 years. It is very unfair. You will find poor, single mothers in Isiolo running around, trying to ask for assistance from Members of Parliament (MPs) or the leadership. There is a lot of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

.: Thank you, Mr. Speaker, Sir. We must condemn every time the police take away a person without following the due process. Life in Kenya has become meaningless; the right to life, under Article 26, is meaningless. In Kenya, all you have to do is be in a vehicle in a city park or walk on the streets and you will be shot dead by the police. All you have to do is be in Mutindwa in Embakasi, playing on the balcony and a stray bullet is shot somewhere in the street and hits you. Alternatively, you can be casually walking anywhere in the city and you die. You can also be in a plane from Kitale to Nairobi and your pilot is misdirected, and you die. Life has lost meaning and we do not condemn it. You can be Willy Kimani; you walk into a police station, defending your client; the police get you, put you in a sack, torture you, cut you into pieces and throw you in a river because nothing will happen to them. Mr. Speaker, Sir, allow me to challenge you even if we are not supposed to challenge you. You called us for a meeting on counter strategy on terrorism. The Anti- Terrorism Committee said that they have a county plan on how to deal with terrorism. We made submissions early in the morning over breakfast, when we were fresh and knew what we were talking about. We said we needed to discuss the question of terrorism and how the youth of this country, particularly the Muslims, are being discriminated. We said that these county plans need to come to the Senate so that we can speak to the youth because we have some influence. However, that breakfast ended the way it did and nothing has happened. Mr. Speaker, Sir, while we cannot condone terrorism, we cannot allow people’s lives to be taken away so casually and it is business as usual. They find you, shoot you, take you to the forest along Nairobi-Nakuru Highway, and then people cry at your funeral and that is the end. Mr. Speaker, Sir, my learned colleague, Senator 001 belongs to the Committee on Justice, Legal Affairs and Human Rights, while Sen. Dullo was in the Kenya National Commission onHuman Rights (KNCHR). The statistics of extra-judicial killings have 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.

Asante sana, Bw. Spika, kwa kunipa nafasi hii kuweza kuchangia swala la polisi kubeba watu katika sehemu zao na kupotea. Hali si hali katika Kaunti ya Tana River. Polisi hubeba watu kwa magari ambayo hayana namba ya usajili. Hivi karibuni, vijana kwa majina Mohammed Ismael Somane, Jibril Abdi Somane walibebwa katika hali ya kutatanisha katika mji wa Hola. Watu ambao hawafahamiki walikuja na kuwabeba vijana hao na mpaka siku ya leo, vijana hao kutoka sehemu ya Bura hawapatikani. Magari yaliyowabeba yalikuja kwa hali ya kutatanisha. Wakati mtu wako anabebwa na watu wasiojulikana, utafanyanini? Huwezi kujua kama ni jambazi au polisi. Tumemaliza mwezi mzima na vijana hao hawajulikani mahali walipo. Familia zao ziko kwa hali ya majonzi kwa kuwapoteza vijana hawa. Hiyo ndiyo imekuwa maisha yao. Tunavyoona, watu kutoka jamii ya kiislamu ndio wanaobebwa. Tumelaani vikali jambo hili. Kwa wakati huu, imekuwa vigumu kwa watu kwenda Mskitini kuswali au kutembea usiku. Bw. Spika, vijana wengi hawataweza kutazama Kombe la Dunia kwa sababu wataulizwa kuonyeshana vitambulisho, waeleze wanakotoka na wanakoenda. Hali imekuwa ya kutatanisha katika sehemu zetu. Bw. Spika, kila mtu ana hakiya kuishi kama inavyo nakiliwa katika Kifungu26 (1) cha Katiba yetu. Sasa, hali yetu katika upande wa Pwani imekuwa ya kutatanisha. Vijana wetu wanatoweka na hatujui mahali wanakopelekwa. Mimi ningependa Seneti iweke Kamati ya kutafuta watu wetu kwa sababu hatujui mahali walipo. Mabibi na watoto wanalia na wamebaki bila baba. Katika hali hiyo, ningependa Kamati hii itafute watu wetu ili tujue mahali walipo. Kama waliobebwa wangepelekwa kortini, tungeenda kusikiza ili tujue ni sababu gani walishikwa. Lakini, kwa sasa, watu hawapelekwi kortini; wakibebwa wanaenda kabisa. Bw. Spika, katika maisha ya kiafrika, huwa tunaombea watu wetu tunapoona kaburi zao. Tunalaani vikali kwa sababu hatujaona kaburi za watu ambao walibebwa kwa hali ya kutatanisha. Polisi wa Kenya hawafanyi kazi nzuri. Wanavyofanya kazi haistahili kabisa. Sisi tunalaani kitendo hiki. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to support and contribute to this Statement by Sen. Faki about the disappearance of persons. He was specific on the disappearance of persons from Mombasa County but this is a problem that affects the entire nation. In 2016, Amnesty International in their report, ranked Kenya high in extra- judicial killings, police killings and forced disappearance. This is a problem that we cannot just sweep under the carpet. All of us can relate, from Willy Kimani that Sen. Mutula Kilonzo Jnr. has talked about, J.M Kariuki who disappeared until he was found murdered and Robert Ouko who initially disappeared until he was found murdered. People say that he shot his head and burnt himself. Mr. Speaker, Sir, even in my own County of Homa Bay, one man by the name Kabera Matunga, who was a man about town and would always be found around the offices of politicians disappeared into thin air two years ago and has not been seen ever since.We do not know where he is, we have not found his bones and so his family cannot mourn or bury him. He disappeared and the police are not able to account for him. As a country, we must balance respect for human rights versus national security. A lot of these extra-judicial killings and disappearances have been conducted under the guise of national security. There has been some normalization of extra-judicial killings, telling young people that if they play with the police, they are playing with fire. That normalizes brute force and abuse of the rights of Kenyans by people who we have been entrusted to take care of our security. Mr. Speaker, Sir, there is no reason why a thief, a corrupt person, a vagabond or terrorist should be killed by the police without going through due process. In fact, if we take the extra-judicial route, we are radicalizing our youth even more because they know that once they engage in these acts, there is no way out. It is either they succeed in their mission or they are killed. As a way forward and a call to action, Kenya is a signatory to the International Convention for Protection of all Persons from Enforced Disappearance (ICPPED). What this House should move to do is for Kenya to go beyond being a signatory and ratify that Convention because right now, it is not criminalized. There is no crime in the Penal Code around disappearance of persons. Again, as a call to action, there is a piece of legislation that was passed in 2014 called Persons Deprived of Liberty Act. I am sure that most of us do not know the existence of that particular Act of Parliament which was signed in 2014 and came into force in 2015. It talks about the rights of people once they are in custody and held by the police. If that Act would have been enforced, we would probably have a better framework for reporting the disappearances by the police. Finally, a matter that is before this Senate is the Preservation of Human Dignity Bill. This is a piece of legislation that took a lot of effort in the last Parliament. I remember the then Senator 001, Sen. Hassan Omar Hassan whom Sen. Faki has taken over from, put in a lot of effort to bring together stakeholders and to come up with a framework and a piece of legislation that would give effect to Article 43 of the Constitution. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us have Sen. Halake.

Thank you very much, Mr. Speaker, Sir. I support and would like to add my voice to this, because this is something that I am very familiar with and can relate to. A few months ago, university students that were studying for examinations in Eastleigh gave me a call in the middle of the night because they had been arrested on suspicion of being terrorists. They showed their university identification cards and said they were Kenyans studying for examinations, which is why they were still awake at that time. However, they were told that no identification would help them. They told the police that they were calling a Senator they knew from the Kenya Red Cross, and that I was going there, but they were told that no Senator could help them. I am so happy that this Statement has been brought, so that all Senators, and not just one, will help in this cause. Over and over again in this country, the victims continue to be victimised further. Radicalisation has been the excuse under which our police service has continued to mistreat our youths. One is doomed especially if they are of a certain profile, especially if they are young Muslims and live in a certain place. These were University of Nairobi students who were awake quite late, but were studying for examinations. They were locked in and we could not even get them out. For three days we camped at the Pangani Police Station and they missed their exams. When they got out, I had a dialogue with them and they asked me: “Would you blame us if we joined the Al Shaabab, which we were being accused of being members and yet we are not?” Such is the vicious cycle that radicalisation is being fuelled by our own authorities. Innocent youth have been victimised because of a certain profile, race or professing a certain religion. Instead of our youths being supported, because they have been victims of false accusations of radicalisation, they have actually been victimised further by being arrested. In the cases that have been mentioned by Sen. Faki, of Husni Mubarak, Khalifa bin Khalifa, Bashir and Farah, who have disappeared without trace, who knows what is happening to them? Behind these names and statistic are families and mothers. Women are right now organising themselves to counter violence and extremism. This is because they have realised that there is nobody on the side of their children. We, the women of this country, stand to condemn this. At no point will we allow these kinds of forced disappearances and extrajudicial killings on a certain profile of our children. This is not the solution. As Sen. Mutula Kilonzo Jnr. said, we went to a breakfast meeting where we gave our views. Two weeks ago when I went to Isiolo County I looked for these county plans. I met with the Deputy County Commissioner who assured me that they have the plans and they will involve the Senate and I for having reached out to them. They have not yet reached out to me, but we will reach out to them. In the counties we come from, we know The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to support the Statement by Sen. Faki regarding the disappearance of persons in Mombasa County. I appreciate that Sen. Faki has requested for the Statement and take note that the issue is not unique to only Mombasa County. Issues of disappearance of persons when going about their business are rampant in Kenya. It is more in the regions where there are security operations. Specifically in Laikipia County, there are several businessmen and Kenyans who have been branded as illegal herders by the Kenya Government or some people. We have lost them because they have not been found anywhere, three months after their disappearance. I ask this House to put a rider on the Statement that the Kenya police should provide statistics of Kenyans who have disappeared. In Laikipia County, specifically, we have lost about four people in Rumuruti town. I join my colleagues in condemning these acts by the police. I am sure that those people are not alive. We should have a Committee to investigate this and make sure that their families are informed about the whereabouts of their loved ones. Thank you, Mr. Speaker, Sir.

Let us have Sen. Loitiptip.

Asante sana, Bw. Spika, kwa kunipa fursa hii pia niweze kuchangia Taarifa ya ndugu na rafiki yangu, Seneta wa Kaunti ya Mombasa. Nitaanza kwa kukusomea orodha ya vijana ambao mimi binafsi nawajua wamepotea na mpaka saa hizi hawajaonekana. Wakwanza alikuwa ni rafiki yangu wa karibu sana anayeitwa Karim Abdurazak. Alitekwa nyara kule Malindi Total Petrol Station miaka miwili iliyopita. Mpaka leo hatujui hali yake au mahali alipo. Wengine ni Hashim Said Saled, Salim Mbaraki, Hosam Karim na Bashir Farah na wengine wengi. Bw. Spika, inasikitisha sana kwa sababu ukiangalia Ukanda wa Pwani, Kuanzia Kaunti za Mombasa, Kilifi, Kwale na Lamu, kumekuwa na itikadi kuwa mtu yeyote 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 Senate Minority Leader, Sen. James Orengo, proceed.

Thank you, Mr. Speaker, Sir. I also want to join in supporting this statement. The most important responsibility of a government is to protect the life of its citizens, leave alone property. The first and foremost is beginning with life. In respect of the Coast – Mombasa, Kilifi, Lamu, Kwale and in some respects, the whole of North Eastern province such as Wajir, Garissa, Mandera and now Laikipia is being mentioned - I have had some experiences also to do with Laikipia; the unexplained and unjustified disappearances of citizens is not a matter which has started today or yesterday. It has been there for a long time. In fact, Sen. Faki would remember that this started with the days of the Islamic Party of Kenya (IPK). Many people who declared support for that party were either arrested or detained and incarcerated for a long time. Some of them simply disappeared. Normally, a disappearance of an ordinary citizen in the hands of other people is not something which is difficult to resolve. Somebody cannot just disappear in thin air in a town or village and the instruments of state cannot determine the whereabouts of such a person. That is why in the law, normally, the police should take seriously a report made of a missing person. The procedures are there under the law. However, in Mombasa particularly, the constant unexplained disappearance of particularly young people is a matter which is of grave concern. This happens after these people have been profiled. Once they know you are a young man of Islamic faith and you have certain views, instead of dealing with you in accordance with the law, you are abducted. That happens. Despite investigations, no answer seems to be forthcoming. People who are known in the Coast have disappeared in similar circumstances. Mr. Speaker, Sir, the problem with this matter is that we may wish it away. I was in New York at an important meeting of Amnesty International last week. Would you believe it, I have letters that were handed to me in that meeting by people from the United States of America and Kenyans there. The letters were addressed to the President of the Republic of Kenya, and talking about police brutality and disappearance of citizens. Even if we keep quiet about it, there are people out there who are taking these statistics and informing the rest of the world. In this meeting, there were leaders from the opposition in Ethiopia who had just been also released from prison in Ethiopia, some of them after serving a ten year sentence. 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. Olekina.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to comment on this important matter. We all know that losing someone you love so much, for you to move on with your life, you need closure. I wonder what goes on in the minds of the family members of those people who are disappearing in Mombasa. About four weeks ago, the son of the former Minister for Internal Security, Mr. Julius Sunkuli, disappeared on 8th May. He was found dead in another county twenty days later. Everywhere you go in this country, you hear stories of people and grown men disappearing, women and young children being abducted yet there is nothing that we are doing to trace them. No wonder the police are being blamed daily. This is because they are the ones who are tasked with protecting human life that we consider so dear. In the National Assembly, there was a Bill which was passed last year - the National Coroners Service Act. The Bill was establishing the office of a Coroner- General, and his job was to investigate the mysterious deaths which mostly occur as a result of disappearances. The problem is that it was never implemented. People die in this country. When you go and find your loved ones who had disappeared, maybe in Chiromo Mortuary or another morgue somewhere, you just take the body and bury it. You do not even ask questions as to what happened. We talk so much about coming up with legislations to investigate and find out what happened. It is very sad that we have Coroner-General whose job is to investigate these mysterious circumstances where someone is found to have been dumped somewhere and that person has died or even when someone has just died of a mysterious disease. We will never get to know what ails this country. Mr. Speaker, Sir, this is why I say this with so much passion and with due trepidation. I request the Inspector General (IG) to take up this matter because this issue that Sen. Faki has raised is something important. It is happening in Mombasa. It is very unfortunate that we can deduce that it is targeting people from one faith. Just like Sen. Orengo has said, it is not your fault that you were born into, and prescribe to, a particular faith. 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. Members, just like I gave direction in the other Statement, let the Committee concerned with the issues raised make a follow up of the matters that have been raised. Next Order!

Next Order!

Hon. Senators, I direct that we proceed to Order No. 11; that is, the Committee of the Whole, then we will go back to Order No. 10 later.

Order, hon. Members! We will now proceed to the Committee of the Whole.

The Division will be at the end.

The Division will be at the end. Hon. Senators it is evident that we cannot go to Divisions. I, therefore, call upon the Mover.

Mr. Temporary Chairman, Sir, pursuant to Standing Order 142, I beg to move that the Committee do report progress on its consideration of 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. Mutula Kilonzo Jnr!

Proceed, Mover.

Mr. Deputy Speaker, Sir, I beg to report progress; that the Committee of the Whole has considered the Division of Revenue (Amendment) Bill (Senate Bills No. 14 of 2018) and seeks leave to sit again tomorrow.

(Sen. (Prof.) Kindiki): Actually, that was the Chairperson. The Mover can now proceed.

Thank you, Mr. Deputy Speaker, Sir, I beg to move that the House doth agree with the Committee on the said report.

(Sen. (Prof.) Kindiki): Who is Seconding?

Sen. James Orengo.

(Sen. (Prof.) Kindiki): Proceed, Senate Minority Leader.

I second.

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): Whoever was on the Floor had concluded, so anybody can request to talk. However, I see no request so far, Can I declare that this is the end of request? Yes, Sen. Cherargei.

Mr. Deputy Speaker, Sir, I rise to support, the County Governments Retirement Scheme Bill (Senate Bills No. 6 of 2018). I agree largely that there has been a problem on how they see the transition time of the county governments from the previous defunct municipal councils. It is important to note that this Bill will provide in great detail, information on the schemes of people who are at the level of county governments. It ensures that it borrows heavily - because at the moment there is no appropriate or clear guideline on how the retirement scheme for the county governments is administered. I know that most of the employees have been either through (Local Authorities Pensions Trust) LAPTRUST and LAPSSET, madam speaker and most of them---.

(Sen. (Prof.) Kindiki): What is it Sen. M. Kajwang’?

On a point of order, Mr. Deputy Speaker, Sir. There is a rule in the Standing Orders about relevance. We are talking about pension funds. How relevant is Lamu Port-South Sudan-Ethiopia-Transport (LAPSSET) Corridor on the ongoing discussions?

(Sen. (Prof.) Kindiki): I thought there was a greater tragedy. What is it Sen. Mutula Kilonzo Jnr.

On point of order, Mr. Deputy Speaker, Sir. Is it in order for the distinguished Chairman of the Justice, Legal Affairs and Human Rights Committee of the Senate to refer to you as madam.

(Sen. (Prof.) Kindiki): Sen. Cheragei, the question is whether it is in order. You have two points of orders to respond to by Sen. M. Kajwang’ and Sen. Mutula Kilonzo Jnr.

Sen. M. Kajwang’ did not understand; I was forming the basis and the foundation of one or two points that I will raise in this matter. Secondly, I withdraw and apologise.

(Sen. (Prof.) Kindiki): Order, Sen. Cheragei! There is nothing like LAPPSET in pensions. Either you are talking of LAPTRUST or LAPFUND.

Thank you Mr. Deputy Speaker, Sir, for that information I stand corrected. I meant LAPFUND or LAPTRUST. I did not mean LAPSSET. 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): LAPSSET is a corridor, Senator.

Mr. Deputy Speaker, Sir, with the new appointments in LAPSSET, it has been on my lips for some time now.

(Sen. (Prof.) Kindiki): I hope the word ‘madam’ has also not been on your lips for some time.

I withdraw and apologise.

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

Thank you, Mr. Deputy Speaker, Sir, for that correction. The Chair of Labour and Social Welfare Committee – of which I am also a Member - tried and exhausted the salient areas in the Bill. What we have been trying to do is to ensure that we have a County Government Service Retirement Scheme. This Bill is, therefore, timely. Madam Speaker---. My apologies.

(Sen. (Prof.) Kindiki): Sen. Cheragei, are you well?

My apologies, Mr. Deputy Speaker, Sir.

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

Mr. Deputy Speaker, Sir, I do not know why I keep repeating Madam Speaker. The last time I contributed, possibly it was Madam Speaker on the Chair. Even as devolution takes shape, there are so many legislations that we need to put in place and one of them is this. I agree that Clause 7 with regard to the Board of Trustees and County Government Retirement Scheme should be included in the Bill. However, there is no representation in line with the Constitution, where we should have a representative outlook in this board of trustees to ensure that the marginalized groups, interest groups and young people are captured. At least they have taken care of gender balance and many other aspects, but we need to ensure that people or persons of interest that are envisaged in the Constitution are taken care of. We need to relook at this Clause to ensure that we cater for all shades of society where young people and many other groups are represented. The gender balance, the interest groups and the unions have been taken care of. Mr. Deputy Speaker, Sir, Clause 8 has ensured that the people appointed to this trustee board are people who have relevant experience. When you look at the professional requirements, they should be people who have at least five years’ experience in finance, law, economics and actuarial science. This will go a long way in ensuring that we have efficient, qualified and relevant people. What is important in the formation of the trustee is adherence to Chapter 6 of the Constitution on leadership and integrity. As we struggle against the backdrop of The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senator! You have no supernatural powers to know who trusts you or who does not, from where you are.

My apologies. The way he was looking at me was suspicious. He seemed not to be trusting what I was saying. I do not know why. We had a serious conversation on one television station last Sunday in the evening and I think he might still be---

(Sen. (Prof.) Kindiki): The trust was lost.

It was not lost but he was shocked. I agree that the board should be comprised of people with integrity and impeccable track record in terms of carrying out any public affairs, so that it does not become a cash cow. We have many boards and we have heard allegations of many parastatals which have become a cash cow for only few individuals. Clause 8 provides that anybody who will be appointed to the Board of Trustees must be a person who meets the threshold on leadership and integrity. Last week, my Committee on Justice, Legal Affairs and Human Rights met with officers of the Ethics and Anti-Corruption Commission (EACC) in this Chamber. What came out is that we need to tighten the law and ensure that the provisions of Leadership and Integrity Act are fast-tracked, so that in future when somebody needs to be appointed to a board or any Government agency, there should be a proper database where before anyone is appointed, with a click of a button, we can know who the person is. Those are some of the areas we are working on to ensure that these things come into force. Clauses 10 and 11 provide for tenure of office and the basis on which someone can be removed from office. These include bankruptcy, incompetence, misconduct and misbehavior, among others which we all understand. We have set the threshold for appointment to boards of trustees very high so that in future if somebody does not adhere to the provisions of Chapter Six of the Constitution, they know what should happen. In most boards that we have, there have been allegations of vicious boardroom wars because of either the CEOs or people who sit in those boards. This will assist because if you do not appoint the right person for the job, they will perpetuate corruption at the board level or even the management of some of the parastatals. Therefore, it is important to ensure that we bring that to focus. I also agree with the provisions of Clause 14. At the moment we have Local Authorities Provident Fund (LAPFUND) and Local Authority Pension Trust (LAPTRUST). There should be a basis of ensuring that contributions are paid to the beneficiaries of these Funds. We would like to have LAPFUND and LAPTRUST merged, so that any Government employee can walk to any office and get their money, whether they contributed to LAPFUND or LAPTRUST. They should also include a multi-agency approach and involve the Treasury and other relevant Ministries such as the Ministry of Devolution and ASAL Areas among others. There are so many policies and as we discuss this Bill, it is important that we assist counties to build capacity. As we talk, some of them do not remit statutory 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. Dullo! This is unusual, because you are not one of the people who are known to consult loudly. Proceed, Sen. Cherargei.

Mr. Deputy Speaker, Sir, we need to ensure that the functions are precise, concise and clear. The board should not just add other directions. We have instances where a CEO mismanages a parastatal or a board and the allegations are that the board sanctioned some of the decisions being implemented by the CEO. I now want to move to Clause 22 and I will rush through it because I only have two points, so that my colleagues can also have an opportunity to contribute. This is about appointment and functions of the Fund Manager. We should have a person with technical know-how because that is a person whose task will be to provide advice on investment or relevant strategies to be used and that person should have a background in investment. You cannot appoint a person from a background which is not relevant. It is important that we have somebody with technical know-how of how investments are done and how to deal with finances. The person will be key in terms of advising on the issues of contributions and running of the retirement scheme. Although it has been highlighted, it is important that we have a person who will ensure good running of the scheme. I still insist that a fund 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): You still had time, Sen. Cherargai. Maybe, you should have said you have run out of points. The problem is not the time.

Mr. Deputy Speaker, Sir, I rise to contribute to the County Governments Retirement Scheme Bill. Allow me to thank the Committee led by Sen. Johnson Sakaja for the hard work in this Bill because it is not gainsaid that our colleagues have been fighting us on this Bill. What surprises me is the interest they have. The County Retirement Benefits Scheme Bill is a province of the Senate. As to how we have two Bills; one in the Senate and one in the National Assembly on the County Retirement Benefits Scheme is as baffling as anything that is happening in this country. You wake up and find you are in Addis Ababa. Mr. Deputy Speaker, Sir, you are the Mover of the previous Bill in the Senate and you know the problems that you faced, then as the Majority Leader. Together with the Chairperson, Sen. Stewart Madzayo seated right behind me, there were interests and fights and most of them were about this Bill and its contents but now I realize what the issue was. The Deputy President mentioned Kshs32 billion assets that are at risk if we do not have a legal framework. Therefore, this matter is urgent and important. People do not like retiring because of lack of a legal framework, the opaqueness of paying retirees. Every time, I travel to my county, there is a person, widow, family and people who have been left by their dependents and their pension has not been paid. This matter is absolutely serious. Why do we make pension at national level an opaque method that people have to queue at the Treasury and other offices in Nairobi? Widows are suffering for money people have been deducted. They have to go and bring certain documents. I know about five ladies who have given up because they are tired of coming to Nairobi. Mr. Deputy Speaker, Sir, a scheme to provide for benefits for people who have served the counties and the nation faithfully and their money deducted should go to retirement happy and their money should be paid forthwith. That should be the intention of this Bill and that is why I am supporting it. Those people who are 60 years of age and above and have worked should not be subjected to the kind of problems I have seen in Makueni County regarding pensions. As we do this at the county level, it is also important that the Committee led by Sen. Sakaja interrogates our pensions generally because there is a problem. It is an issue that we must interrogate because once people retire, it should be easy for them to get their pension. Mr. Deputy Speaker, Sir, the Committee on Labour and Social Welfare tabled a Report showing the interest that the stakeholders have in this Bill. I am happy now that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senators! I do not know who to hold responsible. I hope it is not Sen. Dullo again who is now leading the Isiolo County caucus. You do not do it in the Chamber; you caucus outside there in restaurants. Sen. Madzayo.

Asante, Bwana Naibu Spika, kwa kunipa nafasi hii ili niweze kuchangia Mswada huu. Hususan Mswada huu unahusu pesa za uzeeni wakati mtu amestaafu. Ni jambo la muhimu kuwa na Shirika ambalo muajiriwa anaweza kuchanga pesa za kustaafu. Vile vile muajiri anafaa kulipa kiwango fulani kwa hazina hiyo. Katika muhula wa Seneti uliopita, nilikuwa Mwenyekiti wa Kamati ya kuangalia maswala ya wafanyikazi. Hata hivyo, kwa sababu mara nyingi sisi tuliegemea upande moja au mwingine, hatukupitisha Mswada huu katika muhula huo. Ilisikitisha kuona Wabunge wakiegemea pande mbali mbali. Sasa Mswada huu uko hapa na vile vile katika Bunge la Kitaifa. Mswada huu unahusu wafanyikazi wa serikali za kaunti. Bunge la Seneti liko na mamlaka ya kujadili Mswada huu. Kwa hivyo, kuna mvutano ambao ningeomba Spika wetu aongee na Spika wa Bunge la Kitaifa ili kuona kwamba Mswada huu umeachiwa Bunge la Senate ili tuweze kuujadili na kupitisha. Watu wengi hupata shida sana wanapostaafu. Wengine wanasafiri kutoka Mombasa, Kilifi, Kwale, Taita-Taveta na Busia hadi ofisi zilizoko Nairobi ili wapate pesa zao za kustaafu. Wao walichanga pesa hizo ili waweze kupata manufaa wakistaafu. Kadri tunavyo jadiliana, tunaimani kwamba Mswada huu ukipita, kutakuwa na shirika moja peke yake litakalo angalia mambo ya wafanyikaz ikatika kaunti zote 47 nchini. Kukiwa na shida ya kupitisha Mswada huu, kama vile nilivyo ona katika muhula uliokwisha, inafaa tujue kwamba wanaopata taabu ni wafanyikazi wanaofanya kazi katika zile kaunti. Hao ndio wanaokuwa na wasiwasi kwa sababu hawajui pesa zao zitakuwa namna gani, ama iwapo watazipata wakistaafu. Ni aibu kuona mtu mzima aliyefanya kazi kwa zaidi ya miaka 20, 30 ama 40 akihangaishwa kupata haki yake akistaafu. Kwa hivyo, nikiwa mmoja wa wanakamati wa Kamati ya Wafanyi kazi, niko na imani kwamba Mswada huu utapitishwa ili kuhakikisha kwamba hawa wafanyi kazi wameshugulikiwa. Madhumuni ya Mswada huu ni kuwasaidia wafanyi kazi wa serikali za mashinani waweze kupata pesa zao watakapo staafu wakifika miaka 60 au wakati wanapofika miaka 50 ama 55 wanapotaka kuacha kazi wenyewe ama wanapopata kazi mahali pengine. Wanafaa kupata pesa zao ili waweze kupata haki zao na kuishi vizuri, sio kama wanavyoishi sasa wakistaafu. Bw. Naibu Spika, sijui kama kuna watu kama hao upande wa Meru, lakini ukienda Kilifi, utapata wamejaa. Mtu anaweza kushindwa kujua kama huyo mtu alifanya kazi ama alikuwa anatangatanga huku mjini peke yake, kwa sababu utamuona anapata shida. Hii ni kwa sababu hana cha kufanya wala hana malipo au maendeleo yoyote. Huyu mtu huwa amezeeka, ugonjwa na mateso yamempata mpaka utashindwa kujua kama huyu ndiye yule aliyekuwa akifanya kazi mjini na kuishi vizuri hapo awali. Haya yote hutokea kwa sababu ya kuchelewesha kupata malipo yake mtu anapostaafu. Utamwona mtu aliyestaafu akiwa na miaka 60 akianza kutafuta pesa zake mpaka afike miaka 70; anatafuta pesa zake kwa miaka mitano. Hii sio haki. 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 also stand to contribute and support this Bill because the matter of pension has become a critical issue in this country. I know for sure that when we were in the Committee of Education and members of the Universities Academic Staff Union (UASU) came before the Committee, they gave us insights about monies that have been collected for pension but are not remitted to the pensioners’ fund. There are problems in other sectors as well, but the notion of somebody working so hard, for so long and then finding themselves in a situation where they cannot be paid what is rightfully theirs, it is a matter of pain. Mr. Deputy Speaker, Sir, his Bill tends to address exactly that, by bringing it back to the county level, so as to have each county come up with the county retirement scheme. This will ensure that the people who have worked so hard in the counties are finally paid their money. Another form of this Bill was in this House in the 11th Parliament, and it did not go through. We hope that the problems of Article 110(3) will not catch up with us again so that we can sort out this issue of County Bill and money Bill from the word go, so that this Bill can go through. Mr. Deputy Speaker, Sir, I will start with the notion of CPF and LAPFUND. I was once in a function where the two groups attended and there seemed to have been a lot of disharmony on how these Funds are operating. In fact, what I learnt then is that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well, let us have Sen. Were.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to contribute to this Bill. I am a Member of the Standing Committee on Labour and Social Welfare that is responsible for this Bill. There has been a lot of confusion and disharmony in the operationalisation of the Local Authorities Provident Fund (LAPFUND) and the Local Authorities Pensions Trust (LAPTRUST). This Bill is an answer to the problems that are in those two arrangements. If you look at Clause 7 in Part III on the Board of Trustees and the County Governments’ Retirement Scheme Fund, the composition of that board has a representation of all the concerned stakeholders. So, this Bill is an inclusive piece of legislation that will help us deal with county government employees’ retirement issues. The Bill has a number of checks and balances. It has a board of trustee, a CEO and a Fund manager who will be dealing with the investments that will be established by this scheme. It also has a custodian appointed by the board and an administrator. So, all these checks and balances point to the fact that this will be a solution to the many issues that retired employees of the county governments and the former local authorities encounter from day to day. With those few remarks, I support the Bill.

(Sen. (Prof.) Kindiki): Thank you. Sen. Pareno, please take the Floor.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill. This is an assurance of comfort to our employees in the counties as they work for us. I want to imagine that you cannot have better comfort than knowing that in your sunset years when you retire, you have something to fall back to after saving for a long time. So, this makes them more comfortable and productive. When you are assured of a good retirement package, you will become more comfortable and productive as an employee of the county. As a Committee on Delegated Legislation, we visited Busia, Bungoma, West Pokot and Trans Nzoia counties. One of the issues that came out during our visits was that these counties cannot attract qualified personnel, especially when it comes to expertise like lawyers. We were told that lawyers do not want to be employed in the counties because of such things. There is no assurance of anything. When an employee comes in, they find no retirement package and there is instability because of change of regimes with every election cycle. This is becoming costly for the counties. So, this Bill helps to assure workers that as they work, there will be something for them in future when they will retire. We should create more of such employee benefits so that employees are guaranteed that when they go to work in the counties, their benefits are secured. This will attract more employees. When you have a package like the retirement package, it is an additional to the safety of the beneficiary and more attractive. This is unlike when you do not have a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senator! It is Clause 48 and not Section 48.

Mr. Deputy Speaker, Sir, I stand corrected. Thank you.

(Sen. (Prof.) Kindiki): It becomes Section 48 after it is an Act of Parliament.

Yes, Mr. Deputy Speaker, Sir. So, it is Clause 48. It provides for some severe punishment. You cannot just misuse money in this country anymore and get away with it. This will ensure that this Fund is properly run and that there will be no misappropriation that we normally see or what is happening in this country where we have so much corruption that we do not know whether we have the might and will to fight it. To me, these provisions ensure that we become more accountable. In fact, it does not even absorb one who would try to hide and say: “It was not me.” If you willfully misappropriate, then you will be held accountable individually. You will not run away and say: “It was not me, but the company.” I support this Bill. It will ensure smooth running of counties when it comes to retirement of workers.

Asante Bw. Naibu Wa Spika, kwa kunipa fursa hii kuchangia Mswada huu wa malipo ya uzeeni kwa wafanyikazi wa kaunti nchini. Mswada huu umekuja 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 to support the Bill that is before the House on the County Governments’ Retirement Scheme. Even before I contribute further, I hope that this Bill is not being introduced in the two Houses of Parliament at the same time because it will be interesting to see how that will work out. The information that we had was that a similar Bill could have been brought before the National Assembly. If the same Bill is coming from both Houses at the same time, it might pose some constitutional challenges. However, because the Bill is here and I am a Member of this House, allow me to say one or two things about it. In the last Parliament, a similar Bill came before the House. It was sponsored by the Chairperson of the Senate Committee on Labour and Social Welfare. Along the way, I think the sponsorship of the Bill changed from the Chair of the Committee to the Senate Majority Leader. When we retreated to the Boma Hotel with the Council of Governors (CoG), at some point when we held almost a

with them, they were up in arms. They felt that the Bill that we were attempting to push through at that point in time would hand over the control of county pensions to the national Government. I recall that the then Senate Majority Leader in 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): Very well. Last, but not least, proceed, Senate Majority Leader.

Thank you, Mr. Deputy Speaker, Sir. I acknowledge that this Bill –the County Governments’ Retirement Scheme Bill (Senate Bills No. 6 of 2018) –is well known to you, having been the Senate Majority Leader for five years in this House.

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

Thank you, Sen. Murkomen. I see no request from you, hon. Senators. I, therefore, call upon the Mover to reply. Proceed, Sen. Were.

Thank you Mr. Temporary Speaker, Sir. On behalf of the Committee on Labor and Social Welfare, I thank all the Senators who have contributed immensely to this Bill. All the opinions and suggestions that have been put forward will be incorporated in the Bill as it moves to the next stage. Pursuant to Standing Order 55 (3) I request that you defer the putting of the question on this Bill to a later date.

Thank you, Sen. Were. I, therefore, defer putting of the question on the Bill to tomorrow.

Let us move on to the next Order.

Sen. Cherargei, are you ready to proceed with this Order? I defer this Order to tomorrow.

Let us move on to the 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.

Hon. Senators, this Order is deferred to tomorrow.

Next Order.

This Order is also deferred to tomorrow.

Next Order.

Proceed, Sen. Were.

Thank you, Mr. Temporary Speaker, Sir. I beg to move that the Office of the County Printer (Senate Bills No.7 of 2018) be now read a second time. The purpose of the Bill is to establish the Office of the County Printer in each of the 47 counties in order to enable counties to independently publish Bills, laws and all other important documents that require publication as I will show. It is also important to point out from the onset that pursuant to Article 185 (1) of the Constitution, the legislative authority of a county is vested in the County Assembly. Article 199 (1) and (2) of the Constitution on the other hand provides for publication of county legislation. Article 199 (1) states as follows: “County legislation does not take effect unless published in the Gazette .” Article 199 (2) says- “National and county legislation may prescribe additional requirements in respect of the publication of county legislation.” Hence this Bill. Section 23 of the County Government Act requires that- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. From the outset, I support this Bill. We are doing everything possible to instill and actualise the principles and objects of Article 174 of the Constitution. It is very important that we actualise the dream because when you look at Section 23 of the County Governments Act, it is very clear that any publication can be done through the Kenya

or the county gazettes . So, the County Printer will give actualisation to what is talked about in the Office of the County Printer Bill (Senate Bills No. 7 of 2018). To ensure that there is also proper dissemination of information as provide for under Article 35 of the Constitution, this is one of the laws that will enrich in ensuring that we create timely access to information which is held by the state. As you have heard, one needs to come all way to Nairobi to access some of the documents. Some of them do not need to take much time, for example, letters of administration when you are doing succession matters and yet you have to rely on the Government Printer. Therefore, I agree that we need to devolve the functions of the Government Printer. 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. Temporary Speaker, Sir.

Continue Sen. M. Kajwang'.

Mr. Temporary Speaker, Sir, is the Senator in order to say that “slay queens” should not be employed by counties? What wrong have they done and 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. Temporary Speaker, Sir, you can see that most Senators are in agreement with me. I should be given time to define “slay queens”. These are people who do not work hard to earn their pay. Therefore, they are more of flower girls and pageboys. We do not just have “slay queens”, we also have “slay kings”. I am not against any person perceived to be a “slay queen”. To clarify to Sen. M. Kajwang', my good friend, no one is against them but the definition and their modusoperandi does not ensure maximum productivity in our counties. That is why some of us have been cautious because they represent some specific interests like sexual favours among other things. That is why I said that when we give a blank cheque to governors, they will hire everybody based on their specific interest. That does not only concern their spouses but also their girlfriends, “slay queens”, “slay kings” and the whole issue of nepotism. I urge my good friend, Sen. M. Kajwang', who is the Chair of County Public Accounts and Investments Committee (CPAIC) that when they go to do audit of human resource, they should also be careful. They need to know that we have many ghost workers because “slay queens” are ghost workers. It is high time we supported any legislative framework that will ensure that devolution works. Finally, County Public Service Boards (CPSBs) should be given opportunity to carry out their functions. I know they are in charge of the human resource in the counties. Apart from the functions that have been given, I wish we put it that any other functions can be assigned to the Office of the County Printer based on the assessment. If you need to reassign duties, you do not need to come and amend this law. I hope we will consider that when we go to the Committee of the Whole. Thank you, Mr. Temporary Speaker, Sir, I beg to second.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to support this Bill. First and foremost, I would like to say that this Bill is rightfully here because it concerns counties. Secondly, we know that the mandate of the Government Printer is to print and publish all official documents. The current status is that all official documents are printed by the national Government Printer and seeking to devolve the Office of the Government Printer is in law and the Constitution. The law provides that there shall be an Office of the Government Printer at the national level and at the county level. So, in the spirit of devolution, one of the things that comes out very clearly on principles of devolution is enhancing service delivery and accountability. As it is now, most of the documents in use at the county level are not gazetted because the Office of the Government Printer at the national level is overwhelmed by work. It is supposed to publish all the documents for the national Government and the 47 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. Temporary Deputy Speaker, Sir, I beg to support this Bill with déjà vu because I seconded this Bill after a lot of rancor and fights. I hope that this time round, this Bill will see the light of day. For purposes of record, I just want to bring to the attention of my colleagues the law which supports this Bill. Article 199 (1) and (2) of the Constitution reads as follows- “(1) County legislation does not come into effect unless published in the Gazette . 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. Temporary Speaker, Sir, for giving me the opportunity to contribute to this Bill. I stand to vehemently support the Office of the County Printer Bill, Senate Bills No. 7 of 2018. This is great day, considering the kinds of Bills that have been brought forth by other Senators to this House. Today we are debating the Office of the County Printer Bill, Senate Bills No. 7 of 2018, which was crafted by Sen. Were. This is a very nice Bill. I have gone through it clause by clause and I have given it some jurisprudential interpretation. Mr. Temporary Speaker, Sir, whereas this Bill is very important, I went through some of the provisions in the Constitution, together with the Interpretation and General Provisions Act (Cap 2), Laws of Kenya. I was looking for certain definitions that are missing in this Bill, especially in Clause 2 in the interpretation area. I heard Sen. Mutula The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Sen. (Dr.) Kabaka! You will have a balance of 16 minutes when debate on this Bill resumes tomorrow.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until Wednesday, 13thJune, 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.