Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday 20th June, 2018:- Report of the Auditor-General on the Financial Statement of the Meru County Microfinance Corporation for the year ended 30 June, 2017.

Is the Chairperson of the Standing Committee on Roads and Transportation or any Member of that Committee here? Kindly, proceed, Sen. Malalah. REPORT ON THE KENYA ROADS BILL, 2017

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, Wednesday 20th June, 2018: Report of the Standing Committee on Roads and Transportation on the Kenya Roads Bill (National Assembly Bills No. 47 of 2017).

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

Mr. Speaker Sir, I wish to make a Statement on an issue of general topical concern under Standing Order (46) (2) (a). Pursuant to Standing Order (46) (2) (a), I rise to issue a Statement on illegal importation of sugar in Kenya. Mr. Speaker, Sir, for the record, on 29th September, 2017 the Cabinet Secretary for the National Treasury issued a Gazette Notice No.9801 citing Executive Order No.1 of 2017 issued by the President and declared that duty shall not be payable on the sugar which will have been loaded into a vessel between 1st September, 2017 and 31st December, 2017 destined to a port in Kenya and consigned to a local sugar miller. The reason cited for this Notice was that there was drought and famine in some parts of Kenya. On 13th October, 2017 the Cabinet Secretary for the National Treasury issued another Gazette Notice No.10149 stating that the Gazette Notice No.9801 is amended by deleting the expression “31st December, 2017” and substituting therefor the expression “October 13th 2017” effective the date of the Gazette Notice. This abrupt and unreasonable act by the Cabinet Secretary effectively created a special status for a favoured sugar importer that has precipitated the current crisis. Mr. Speaker, Sir, the reason cited by the Cabinet Secretary and the authority of the President flies in the face of common sense. When there is drought and famine in the country the desperation for any government is to look for food and water for its people, and not sugar. Mr. Speaker, Sir, there have been numerous reports in the media attributed to, among others, the Cabinet Secretary for Interior and Coordination of National Government that there have been illegal importations of sugar and that the same has been tested by the Government Chemist and found to contain dangerous chemicals that are harmful to human beings. Mr. Speaker, Sir, sometime last week, the State raided the godowns of Pan African Paper Mills, now called Rai Paper, in Webuye Town, Bungoma County and found large quantities of imported sugar. Similar quantities of imported sugar were found at West Kenya Sugar Company in Kakamega County and other parts of the country, including Nairobi. Mr. Speaker, Sir, if indeed the harmful sugar containing dangerous chemical substances, according to the Government itself, found its way into the country, what role did Government agencies funded by taxpayers’ money, such as the Kenya Bureau of Standards (KEBS), the Kenya Ports Authority (KPA), the Anti-Counterfeit Agency, the Kenya Revenue Authority (KRA), the Ministry of Health, the Ministry of Trade, among others, play? Mr. Speaker, Sir, available video clips show a chilling, callous and, indeed, criminal conduct on the part of importers and handlers of this sugar. The sugar is seen in several clips being loaded or unloaded and shovelled in godowns like construction sand. At the Rai Paper godown in Webuye, news clips showed the sugar labelled “Brazilian 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. Malalah, I will allow you to also make your Statement since you have a lot of passion for sugar and you have several factories in your county. IMPORTATION OF CONTRABAND OR POISONOUS PRODUCTS IN THE COUNTRY

Thank you, Mr. Speaker, Sir, I stand to make a Statement on an issue of general topical concern under Standing Order No. 46 (2) (a), on contraband or poisonous products and allegedly imported sugar. Pursuant to Standing Order No. 46 (2) (a), I rise to issue a Statement on contraband or poisonous products and illegally imported sugar in Kenya. Mr. Speaker, Sir, I am referring to the ongoing crackdown on contraband products and illegally imported consumer products particularly sugar which is a concern to the country at large and the people of Kakamega County who I represent. The allegations about contaminated sugar and excessive importation of sugar beyond the required quota to meet the shortfall in local production are extremely emotive issues that have far- reaching implications on the economy of Western Kenya, given the potential of resulting into closure of factories, loss of jobs, loss of business and injury to an already ailing sugar industry. Mr. Speaker Sir, Kenya has declared war on contraband products infiltrating through its borders from other countries. I fully support the efforts being made to protect our economy and protect consumers from harmful products. I am glad that the national 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. You are out of order, Sen. Malalah.

Mr. Speaker, Sir, ---

Order! Conclude your statement.

On a point of order, Mr. Speaker, Sir. This is with regard to the conduct of the Member of Parliament on the Floor. He should withdraw and apologise.

I rule you out of order. Withdraw and apologise. You cannot discuss a Member of another House in this House.

Mr. Speaker, Sir, I am not discussing that Member but referring to the HANSARD that has been---.

Order, Member. Withdraw and apologise.

Mr. Speaker, Sir, I withdraw. Though I do not know how to withdraw---.

Order, Member. Withdraw and apologise.

Mr. Speaker, Sir, I apologise and withdraw 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.

Okay. Conclude.

Mr. Speaker, Sir, we need to ask ourselves very difficult questions. First, we have been told that there is mercury in the sugar that is being supplied in this country. Do we have a report from the Government Chemist showing us that there is mercury in sugar? Who is this person who came up with the theory that there was mercury in the sugar being distributed? A police officer does not have microscopic eyes to determine mercury in sugar. We need to have an official report from the Government Chemist showing that there is mercury in the sugar. Mr. Speaker, Sir, I assure this House that once this matter has been concluded, it will be “messy, noisy and will have casualties”. This is because this matter interweaves; there are even players in the sugar industry seated with us in this Parliament. In a weeks’ time, I will be tabling names of the Members of Parliament who are also part of the cartels ailing our country. I beg to stop there. However, I speak from a very painful position because Kakamega County depends on sugar. Why do we allow people who do not trade and plant to be the biggest beneficiaries of sugar yet the farmer in Kakamega County is not benefitting from sugar farming? We want this matter to be committed to the relevant Committee in this House so that we can come up with a speedy conclusion and unearth the truth about this sugar menace in this country. Thank you.

Let us have Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. The Statements by both Sen. Wetangula and Sen. Malalah are disturbing because nobody is speaking about the common mwananchi- that person in Isiolo, Lamu or Lungalunga at the border who is consuming sugar innocently. The person who delivered the sugar to Kenya; the importer and the one who put a sticker to approve that the sugar was safe for consumption are known. The cartels from the statements that are being made in the public domain are also known. Mr. Speaker, Sir, I am afraid that I do not agree with the statement made, that Parliament should investigate this matter. I believe that Parliament is also accused. How can we know sugar barons and we are threatening to table names instead of just doing that? It is an embarrassment. I personally call upon the President under Cap 102, that this is the time to form a commission of inquiry to interrogate your Government because it is your Government that is responsible. The people who authorised the whole process and the cartels are sitting in Government. This is the only way to get the truth. When we wanted to deal with the Goldenberg Scandal, it was called the house of cards. This sugar is like a house cards for the Jubilee Government because they have made Kenyans consume mercury. In fact, when you think about mercury, I would rather it was dust or mud. If we put mercury in water, it reacts violently. Imagine that in the stomachs of Kenyan children and yet we are threatening to table names. Shame on you leaders! 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 stand to support the statement. Even if I do not want to talk about individuals here, the fact of the matter is that Kenyans are suffering. It does not matter whatever we say it here if Kenyans are dying because of ingesting wastes from other areas. I do not call that sugar. That is unfortunate. I agree with Sen. Mutula Kilonzo Jnr. that it is time we asked the President to act. Stories and laying blames on others is not the issue, but action is key. The axe should fall on somebody. We know everybody. We are being told everybody is known. If everybody is known, why are we wasting time talking politics here? We are wasting our time. In any case, why should we not allow the sugarcane farmers to farm the sugarcane and help them grow instead of allowing people to import sugar? There is no need for factories to import sugar when the sugarcane farmers are suffering. Kenya has suffered enough for the last 50 years. We continue like this and thugs are becoming rich by the day because of counterfeit products. The small man in Wajir County is suffering. That is not fair. The other unfairness here is getting hold of the person who imported this sugar. It has passed through Kenya ports and entry points. Kenya Ports Authority (KPA), Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority (KRA) know where it passed. Why do we go for a small wholesaler who has the receipts from who brought it into the country? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support the two statements. I have always stated in this House several times that I do not know how difficult it is to govern any nation. For that matter, a country like Kenya because every sector is now ailing. It is not only about the sugar. I am a product of sugarcane. My father was a big sugarcane farmer. There are so many other people in this nation and the whole of Western Kenya that we can count. We should not even segment the former Western and Nyanza provinces. Sugarcane is a cash crop that has helped many people. When we are talking about some of the things that are ailing this country, we should be specific and serious. This is not about individuals or tribes. This idea that if you mention a name belonging to a particular tribe, then the rest who belong to that tribe are up in arms, should cease. We, as leaders, should stop it. We will carry our cross as Members of the Senate and leaders of this nation. Every sector is ailing. Yesterday there was an article in the newspaper about the Ministry of Health again. There was another scandal. In each and every sector, it seems that there is a scandal ailing this nation. We should be serious. The issue of corruption is now a disease. It is something that can kill everybody. Why is everybody dying of cancer? Why were people not dying of cancer before? We are still eating the same foods. It is some of the things that we consume from leaders or business people who do not have any respect for human life. They only respect themselves as long as they can get rich. In this House, we cannot debate corruption day in, day; out. It is time that we rose to the occasion and initiated some action. We can even stop coming to Parliament and do something about corruption. We know some of these people. Yesterday, the leader of opposition said they know them. If they know them, we should know who they are. We The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed. Sen. Cherargei Samson Kiprotich.

Thank you, Mr. Speaker, Sir. I rise to support both statements made by Sen. Wetangula and Sen. Malalah. I also come from a county where we do farming of sugarcane in Mosop, Chemelil and Chemase. In fact, we share Chemelil sugar factory with Kisumu County. The reason why the sugar industry is flopping is simple. It means that there are people who are benefiting from this sugar. It is just like the National Cereals and Produce Board (NCPB) scam. There were many illegal importations of maize into the country. That is why many farmers still have maize in their stores. We, as Senators, appreciate what the Cabinet Secretary for the Ministry of Interior and Coordination of National Government, Dr. Fred Matinag’i is doing. However, by the time those shopkeepers are arrested across the country, where are the sugar barons who imported this sugar? As much as we are discussing sugar issues, Parliament has been accused of not doing much. I am convinced beyond any doubt that the KRA, the Directorate of Criminal Investigations (DCI), the Ethics and Anti-Corruption Commission (EACC) and the Director of Public Prosecution (DPP) know those barons who imported sugar into this country. Why are we discussing the issue of committing it to any Committee? Yes, we can do so, but we want to resolve these issues, once and for all. The President has been unequivocal that corruption must be finished. I agree with what Sen. Malalah said. If we want to succeed in the war against corruption, we should not have one person or two people in mind. Let us not be accused of political witch-hunt, use extortion or blackmail tactics. We must fight it in good faith and follow the law and procedures. Mr. Speaker, Sir, I want to call upon the relevant Committee that will be given this opportunity – and I know that it is the Standing Committee on Agriculture, Livestock and Fisheries or any other relevant Committee – to come up with radical proposals. This is so that our farmers who have lost, especially in Western Kenya and Nandi County can have an opportunity or value of toiling for 18 months to get the sugar that we need in this country. Finally, Mr. Speaker, Sir, it is very sad that we are facing so many cancer cases as a country. The cause is simple; we have been consuming waste! We have not been consuming things that have been approved. That is why we ask what the Kenya Bureau of Standards (KEBS) is doing, because they are the people who standardise and approve any products imported into this country. It is high time that some of these agencies are awoken from their slumber to address these issues once and for all. 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. Farhiya. Hon. Senators, because of the interest, I will now limit the discussions to three minutes.

Thank you, Mr. Speaker, Sir, for allowing me to contribute to this Statement. There is the issue that my Senator for Wajir County was talking about; in terms of someone telling the police: “This is the person who sold it to me.” I also heard that story over the weekend. If we go that route, then we are just creating distractions along the way. At the end of the day, fighting corruption and adding value to Kenyans’ lives will not bear any fruits. Therefore, let us deal with the issue. Mr. Speaker, Sir, this is a very clear process. We might not know who committed the other crimes, but this one is very clear. Who imported this sugar? Even in terms of the quality and the form the sugar was in, the Government just needs to follow that person. Do not harass people who might have bought the sugar from a third party. This issue was also used as an excuse to extort and harass the Somali Community during the terrorism issue. Somalis are also victims in this issue of terrorism because just the other day, you heard that out of the eight people who were killed, seven of them were from the local Somali Community. Therefore, let us not use this fight to create another corruption on corruption, by extorting people who are innocent. Mr. Speaker, Sir, sometimes I wonder where the value for people’s lives is. Surely, how desperate are you for that money that you even want kill your fellow Kenyans? Probably, it will even kill you, because you never know how it will come around. Mr. Speaker, Sir, part of the President’s Big Four Agenda is the industrialisation and manufacturing sector. However, through the illegal importation of sugar, we are actually killing those factories and industries that we already have. How are we, therefore, going to achieve that Agenda? Therefore, the people importing sugar are also killing the ambition of the President as represented by the Big Four Agenda. Therefore, as the Jubilee Party, we want those people fought vehemently. Mr. Speaker, Sir, there are too many distractions---

Order, Sen. Farhiya; your time is up. You need to organise your thoughts so that you deliver fast. I will add you one more minute.

Thank you, Mr. Speaker, Sir. There are too many distractions around corruption and this might distract the whole process. Therefore, let us deal with one issue and conclude it. Just like typical Kenyans, let us not deal with one issue, forget about it and move to the next one. We, therefore, need to focus on the issue of corruption; otherwise, we can forget about development in this country. Thank you, Mr. Speaker, Sir, for your indulgence. 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. Wambua.

Thank you, Mr. Speaker, Sir. I also want to add my voice to support statements by colleagues, Sen. Wetangula and Sen. Malalah, on this matter of sugar imports. Mr. Speaker, Sir, I just want to make two points. First, if indeed it is true that there was drought and, therefore, there was need for importation of sugar into the country, the most logical thing the Government should have done was to facilitate sugar companies owned by the Government. Sony, Chemelil, Nzoia and Mumias sugar companies, where the Government has majority shares, should have been the ones to bring in this sugar and help avert whatever crisis we were facing, if any. Second, Mr. Speaker, Sir, this debate must now move to action. We need to prosecute the person who imported this sugar into this country. We, the people of Kitui, do not grow sugar, but we are net consumers of the commodity and in large quantities. Some of this consignment was impounded in Kitui and Mwingi towns, which means that this consignment has found its way into every corner of this country. The person who imported this sugar is probably seated somewhere, perhaps even following this debate and wondering what we are talking about. Mr. Speaker, Sir, I urge the Government to note that this is a crime that, if committed in other countries, Governments would have resigned. People are dying and they are not dying in small numbers. We lost a Member just the other day through cancer and here we are, debating and considering which Committee will deal with this Statement, yet we know the person who imported this sugar into this country. That person should be behind bars today, answering questions as to why they did what they did. Thirdly, Mr. Speaker, Sir, KEBS have no business being in office today. If this is a serious country and Government, then action must be seen to be done. We must stop this talk and act. Thank you, Mr. Speaker, Sir.

Proceed, Sen. Poghisio.

Thank you, Mr. Speaker, Sir. I join the rest of my colleagues who have boldly spoken on this matter in support of the Statement. It must be difficult being a leader in this country, particularly being in the legislature. This is because on one hand, you know what to condemn and, on the other hand, you want to defend the people behind these schemes. It is very unfortunate. Just because somebody wants to be defended, we should be very careful so that we do not look like we are not reconciling our minds with our hearts. Mr. Speaker, Sir, this is a very serious matter on sugar; it is an economic as well as a health crime. It is like terrorism, because to have sugar that is laced with anything that is not consumable is an attempt to destroy people. We should, therefore, not have any sense of sympathy with the people who are dealing in this kind of business. Mr. Speaker, Sir, for you to run for the Office of the President in this country, you need a lot of money. When you need that money, you resort to any means to get it, and that is the problem. Money decides who becomes President; and that is where we are going. Therefore, if you do not have money, you should not even try to be President. 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.

Hon. Lusaka): Order! Your time is up. Sen. Shiyonga.

Mr. Speaker, Sir, thank you for giving me this opportunity to support the two statements that have been brought here by the two Senators. As other Senators have said, the local sugar industry has been hit hard by corruption, mismanagement and a coalition of cartels composed of barons who are bringing down the sugar industry. I come from an area where sugarcane is a cash crop. The farmers and the community in general in the county depend on this crop for their livelihood. Therefore, it is very sad to see that avenues have been opened in Kenya to bring in sugar to sabotage the farmers in the Western region and other regions that grow this crop. Many commissions have been formed and investigations done, but they end up nowhere. Kenyans need to unite and look for possible ways of assisting the famers who are suffering because they depend on this particular crop. The farmers in my constituency and county are poorer because they have been sabotaged by the same Government that is supposed to protect them. It ishigh time 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. Lusaka): Order, Senator! You have made your point. Yes, Sen. Wamatangi.

Mr. Speaker, Sir, the expression at the termination of that debate by my honourable colleague is testimony enough that three minutes is not enough to discuss a thing as sweet as sugar gone sour. I want to confess that I had a cup of tea earlier in the day, just before lunch, and I feel some twitches in my stomach. I do not know whether it could be mercury, iron or whatever it is.

I want to support the discussions and the two statements brought by my colleagues here. This is the time to escalate this discussion to a national level and at a policy level. I say this because the whole agricultural sector is under capture by the so called cartels. The last two weeks were dominated permanently by the debate on cartels that had bankrupted the entire section of maize farmers. The Cabinet Secretary was in the National Assembly saying that a few individuals, who are in that cartel, were paid more than three quarters of money that was set aside to pay all the farmers. We are now speaking about cartels in the sugar industry. Last week but one, you allowed the Committee on Agriculture Livestock and Fisheries to go and debate the coffee sector, which also affects my people. The discussion was about how to free coffee farmers from the capture of brokers. The tea farmers in my own county are captives of brokers. The debate we should be having now is what the Government policy at the national level on farmers is. It is important that, as we ask that question, we also say that the lower bracket of Kenyans comprises farmers. Is that the reason most cartels find it easier to raid that particular sector? As I finalise, unless we review our position on policy. I want to remember---

Hon. Lusaka): Order, Member! Your time is up. Please, try to put your thoughts together, so that you make your point within the three minutes. Sen. (Dr.) Kabaka. 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 will make minimum points. One thing is very clear. There is a man who used to be a Member of Parliament and hails from the land of Abaluhya known us Martin Shikuku. He used to say he would always speak the truth because God is truth. I want to take up from his mantle. I hear people saying that they cannot name people who are behind this. I am going to name people, with evidence, because it has been reported. This sugar was found, and I have the record--- As a lawyer I know better. I do not care about anybody who wants to threaten my life; I am ready to die. I was hospitalised last week and discharged yesterday. I would have gone the other way. My point here is that there is a man known as Rai. I do not know who he is, but he is an Asian, and I am sorry. I am saying so because a lot of this sugar was found in his warehouse. I hear that this man known as Rai is connected to His Excellency the President of the Republic. Mr. President, please, listen; if you are doing business with Rai disclose it to Kenyans. Otherwise, we will be going round in circles; making commissions---

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

Why are you stopping me?

Hon. Lusaka): Order, Member! Sen. Dullo, what is your point of order?

Mr. Speaker, Sir, I am not in business, but this is a House of evidence. You cannot name the President as being behind the sugar cartel. Can you provide evidence? If you cannot, withdraw and apologise.

Hon. Lusaka): Order, Members! Order! What the hon. Senator has raised is important; you need to substantiate, give evidence or withdraw and apologise,

Mr. Speaker, Sir, I will bring yesterday’s newspaper cuttings.

Order, Member!

On a point of order, Mr. Speaker, Sir. I have a lot of respect for the House and there is freedom to speak. Any Member can say any point but they need to support their argument. However, it is important that we be orderly and respect the rules of debate and also the Standing Orders of this House. A Member can only be allowed to do that by giving evidence but in the absence of that, he should withdraw and apologise. If he has facts, he can bring them at the right time. I think it is preposterous to---

On a point of order, Mr. Speaker, Sir. I support what he is saying. The Hon. Member who says he is a lawyer should be reading our Standing Orders. A newspaper report is not evidence. He should withdraw and apologise. Kuja hapa!

Sen. (Dr.) Kabaka, according to our Standing Order No.94, you are supposed to substantiate and if you want to produce evidence which is not 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, it is unfortunate for a Member of Parliament to be punished before listening to what he said. I listened to him carefully. An allegation is different from a statement of fact. What he said was not even an allegation or a statement of fact. He said; “If the President” and we can confirm from the HANSARD. We have freedom of expression and if you begin to curtail it in a House of Parliament, then the Kenyan democracy will die. I think we are being overly sensitive. We must speak truth to each other. In order to have a proper resolution of this matter, the HANSARD is available. We shall look at the HANSARD and find out. Sen. (Dr.) Kabaka said that; “I am speaking as a lawyer”. He was very careful about what he wanted to say. He said; “If you Mr. President are doing business”. I urge that we look at the HANSARD and if it happens that he made a statement of fact and not a statement of speculation, or a proposition which is not factual, then as part of the leadership in this House, I will be the first to call upon Sen. (Dr.) Kabaka to substantiate. However, I think we are trying to crucify him without hearing him out.

Mr. Speaker, Sir, I largely concur with the last part of what the Senate Minority Leader has said.

Hon. Members, let us consult in low tones so that we are together.

I agree with the last part of what the Senate Minority Leader has said but to be factual, when the Senator was speaking, he said – and the Hansard is available – that I hear that Mr. so and so is connected---. The latitude that we enjoy as MPs does not include speculation to that extent. The point is that if such a statement is to be made by a Member here, then he has the obligation to substantiate according to our Standing Orders. Those are our Standing Orders and we cannot look for a shortcut.

Mr. Speaker, Sir, I encourage this House to be more tolerant to debates. The distinguished Senator for Machakos did not make a categorical statement as Sen. Orengo has put it. He said; “I hear and I am asking the President to tell us if he is connected with Mr. Rai.” Those who are purporting to defend the President are doing it the wrong way. The President himself has said he is ready to be subjected to public audit. The distinguished Senators who stood up to challenge Sen. (Dr.) Kabaka are demanding a withdrawal and apology without challenging him to substantiate. Sen. (Dr.) Kabaka has said that he will bring substantiation in the next sitting as required by the Standing Orders. I urge this House that if we go the direction that we appear to be going, it is a sad day for this country. Lastly, it is unfair for the distinguished Senator for Garissa, whom I have tremendous respect for, to question the credibility of Sen. (Dr.) Kabaka’s professional standing as a lawyer. We lawyers know him as very distinguished and respected lawyer. 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 said “if he is a lawyer”

Order, Members!

What are you laughing about?

Order Members! Let him finish.

I never said he is not a lawyer, I said if he is lawyer because I do not know if he is a lawyer. If he is a lawyer, he should be reading the Standing Orders. You people like twisting words. We do not twist words.

Order, Members. For us to make progress, I will ask Sen. (Dr.) Kabaka to either withdraw and apologise or if you are ready to substantiate by way of producing evidence, I will allow you to do so tomorrow.

Mr. Speaker, Sir, I will go for the second option. I want to tell the Senator for Garissa, if he does not know, that I have been an advocate of the High Court of Kenya for the past 28 years. I have been a lecturer at the University of Nairobi (UoN) and Kenyatta University. I am a holder of five degrees and I know that he does not know that. I did Masters of Law (LL.M) in the UoN; I did Masters of Business Administration (MBA, Finance), in the UoN; I have a Master of Arts (MA, Philosophy) from the Catholic University of Eastern Africa (CUEA) and MA, Diplomacy from the UoN. Now I am a PhD holder. Lastly, this December, God willing, I will graduate with a PhD in Finance from the UoN. I am on Chapter Four of my research. Who is more learned than me?

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I stand to support the Statement but I would like to bring the attention of the House to the State of Address of the Nation by the President a few weeks ago when addressed the nation in Parliament. He submitted a few reports, one of which was the Security Report. In that Report which I had an opportunity to read, the President indicated that Kshs1.7 billion was lost due to counterfeiting just last year alone. While my colleagues are asking the President to do something about this, the President has already owned up that this is a big issue. Going by what he listed in that report, counterfeits are not just sugar like my colleagues have said. They include automotive parts, pharmaceuticals, gas cylinders and everything you can name. We have had 3,500 deaths on our roads and the reason is because fake automotive parts are making their way into the country. Now there is mercury in sugar. The President has already told us that Kshs1.7 billion was lost. One of the things that really struck me as I was reading that Report was the helplessness of everybody including the Cabinet Secretary, Mr. Adan Mohammed, who said counterfeit goods have infiltrated the market. The most interesting part of this whole saga is the number of goods being set on fire. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. I am requesting that given the interest I see on this specific Statement, if you could limit the Members responses to two minutes each.

On a point or order, Mr. Speaker, Sir. We have a lot of interest in this matter. It is serious and affects everybody in one way or the other. I have a counter proposal although I know the concern of Sen. Kihika is the voting. Would I be in order to propose that we vote and then we continue? Let us talk about sugar because this sugar is no longer sweet. I do not think people should be limited on what they are saying because this is a very important issue. Let us vote and allow Members to say whatever they want to say, for as long as they want to say it.

Hon. Members, I think I still see a lot of interest in the matter, and it is a matter of national interest under our economy. I want to direct that we suspend this Order, go to the next Order and vote and then come back and continue with the contributions in the House.

Next Order!

Hon. Members, we shall now proceed to vote and I will direct that the Division Bell be rung for one minute.

Order, Hon. Senators! I now direct that the doors be locked and that the bar be drawn.

Log in, hon. Senators. You can start the voting. Any Member who needs assistance on voting, come forward. Sen. (Dr.) Milgo, approach the clerks-at-the table for you will need some assistance.

Hon. Senators, the results are as follows:

Mr. Speaker, Sir, I also join my colleagues in supporting the sentiments of Sen. Malalah. The matter of importation of contraband goods, particularly sugar, has been with us for quite a long time and what surprises the country at the moment is that sugar that is being imported from as far as Brazil is entering the country at entry points which are undefined. From my security perspective, we are not getting any satisfactory explanation from the Government. I know that there is a health component in this matter because what we are talking about is sugar which is toxic. In fact, we do have what is known in courts as the sugar wars because we have always had people fighting on who is going to get a permit to import sugar into the country every year as artificial shortage is created in the country for sugar to be imported. The importation of sugar has killed so many industries in the country while countries like Mauritius and Sudan have shown that the sugar industry is a viable industry and it has built Mauritius into an economy that is enviable in this part of the world, though Mauritius is now diversifying. I understand why Sen. (Dr.) Kabaka was talking with so much passion on this issue. Indeed, sugar importation is related to how we control our borders. I was once a Member of the Committee on National Security and Foreign Relations and we visited Mandera where there is a no man’s land there and the business that we saw going on while we were there as a Parliamentary Committee is amazing. A lot of sugar that is entering this country is not coming through the Port of Mombasa. Instead, it is coming through other entry points particularly in the north eastern region though I am not saying that it is being imported by people from the north eastern region. This sugar is imported into the country by cartels, who are based in Nairobi,who have killed a lot of factories, particularly in the Western region. There is a new factory in the coast that is barely on its feet yet we have the question of illegal importation of sugar. Without fear of contradiction, I want to say that these cartels are being enabled by people in Government. They cannot bring this amount of sugar in the country without co-conspirators in the Government and this includes 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, Senate Minority Leader! I can add you one minute. However, the Speaker has already ruled on the issues of substantiation by Sen. (Dr.) Kabaka. So, do not appear as if you are challenging it. Are you expressing unhappy displeasure? Well if that is the case, I give you two more minutes instead of one.

Thank you, Mr. Deputy Speaker, Sir, for adding me the two minutes. I want to plead - now that we have the “handshake” - that we go back and examine our consciences and say if we want a country where we can all live together under one God and Constitution as brothers and sisters and where nobody is above the law; we can only attain that by being responsible citizens. It is the leaders who should be in the forefront of telling others how they should behave and conduct their businesses. What happens about Mr. Rai? We can call his name here, but nobody will rise on a point of order demanding that, that be substantiated. So, the law is being applied discriminately and not in fairness. Therefore, I join Sen. Malalah and hope that just as we did with the issue on Migingo Island, we could, probably, in your discretion, order this matter to be referred to the relevant Committee of the House where it can be discussed in a more rational way so that we can have answers to give to the people.

(Sen. (Prof.) Kindiki): Thank you, Leader of Minority. Hon. Senators, we have already spent considerable amount of time on this statement. As you may be aware, these statements are statements by specific Senators and they are restricted to 10 minutes. I note the great public interest involved. However, we are not in a position to allow all the remaining requests; otherwise we will spend the rest of the day on this topic. It is for that reason that I will allow two more speakers from both sides of the House then give further directions.

(Sen. (Prof.) Kindiki): Order, Wetangula! You know what to do if you want to communicate with the Chair. What you are doing is not what you ought to do. So, I did not hear what you said. Sen. Waqo, withy a Q, the Floor is yours.

Thank you, Mr. Deputy Speaker, Sir, I stand to add my voice on this important issue that is affecting all Kenyans. Because of time, I will not go into a lot of details. We, as a nation, have lost a lot of credibility. Before we were known as corrupt people; now we have no moral values. We are killing our own people. Yesterday I watched our colleagues in the National Assembly debating on this issue and they almost 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 now have Sen. Ongeri.

Thank you, Mr. Deputy Speaker, Sir. Once again, I stand here today to add my voice on this issue of sugar. Sugar is a commodity that is classified as food and it finds itself in all the formulations in drugs and all forms of drinks. It is not worrying if this sugar is properly and normally certified processed food. It becomes a worry when its processing is adulterated and deficient in the processing ingredients. Therefore, in the process of generating it, it creates - what I said yesterday – intermediary products through the process. If this sugar is adulterated with mercury during the processing, it produces mercury chloride which is oduorless, colourless and unsuspecting yet it is a killer that causes cancer. We must, therefore, ask ourselves whether the Government and the people of Kenya are being exposed to the forms of cancer we are seeing in abundance in this country to that extent. In addition to this, Mr. Deputy Speaker, Sir, the importation of sugar has taken over the entire amount of sugar that we consume in this country. What happened to the farmer who produced this sugar through the Sugarcane Production Programme? You have already destroyed that pillar. You destroyed it, first of all, by this adulterated and toxic sugar, which is finding its way to the market. You also destroy that farmer economically by rendering his cane unserviceable and unavailable to the factories. This is because these factories are making bigger profits out of the importation of the sugar coming to this country.You are, therefore, killing a Kenyan in two ways; you are suffocating a Kenyan economically and food wise too.There is, therefore, no Kenyan left to come and even vote for you at the end of this event. The moral question that the Senate must ask itself --- 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.

One more minute for Sen. (Prof.) Ongeri.

Thank you, Mr. Deputy Speaker, Sir. Mr. Deputy Speaker, Sir, I would have said that even alcohol has a sugar base, which when combined with alcohol, turns into another form called acetaldehyde. This product alone destroys DNA, and when the DNA is destroyed, you are potentially exposed to many cancers. Some of these forms of cancer include cancer of the colon, throat, stomach and many others. You may wonder why cancers in this country are on the rise and not on the decline. Therefore, Mr. Deputy Speaker, Sir, at some stage, we must question the conscience of this country in creating a law to regulate what goes through the mouth and ingestion in drinks---

(Sen. (Prof.) Kindiki): Thank you. Your time is up. Proceed Sen. Mwangi.

Thank you, Mr. Deputy Speaker, Sir, for giving me this chance. It is a criminal act for anybody to think of importing sugar that has mercury, knowing what mercury can do to Kenyans. I blame the Kenya Bureau of Standards (KEBS) because they should have identified this problem at the Port of Mombasa. This sugar could not have gone to counties if KEBS had done their work. However, I believe this must have been a conspiracy; it is not a one man act. It must have been a conspiracy between Government agents and, more so, officers at the KEBS and those in big offices in Government for such sugar to come to Kenya. This sugar is believed to have come from Brazil, which is the largest sugar producer globally. A lot of sugar has been imported into this country from Brazil. One wonders why this particular sugar had to contain mercury. Mr. Sugar--- Mr. Deputy Speaker, Sir, in Nyandarua County---

(Sen. (Prof.) Kindiki): Order! Mr. What?

Mr. Deputy Speaker, Sir, they did not hear it. Mr. Deputy Speaker, Sir, there is a lot of sugar that has been found in stores in Nyandarua County which is contaminated with mercury. I do not know why those involved in its importation would like to kill the people of my county; maybe it is for The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Senators! Just organise your thoughts and avoid repetition. If a point has been canvassed, try to give us a different point. Now, in the list I have here, Busia County is a sugar growing area. Sen. Wako, I will give you strictly two minutes.

Thank you, Mr. Deputy Speaker, Sir. Importation of sugar has been an avenue of corruption ever since I joined Government way back in 1991 and it continues to be an avenue of corruption to date. However, because I have only two minutes, I will not go into the details. We tried to limit it by saying that only millers like Mumias Sugar Company should import sugar to meet the shortfall. There is always a shortfall of sugar compared to consumption in this country, which is met by importation. Even with that, those millers also exercised their own corruption at that level, where officials of some of those companies imported sugar under their own names. The sugar would then be brought to the factory and they would treat it as if they were importations by that factory. However, nothing happened and nothing was done. Therefore, Mr. Deputy Speaker, Sir, I have always wondered why the Government itself cannot import sugar. Why does it give it to individuals and corporations to import? The Government knows the level of consumption required, why can they not do so? We used to have the Kenya National Trading Corporation (KNTC) and so on. Just that one act will stop this corruption. Secondly, sugar barons fight hard. People are bound to fight where there is money involved. When elephants fight, it is the grass that suffers. We have suffered a lot in Busia County because sugar barons have fought each other. A genuine owner of a sugar factory who brought a lot of investment to Busia County was being fought by other barons. They are still there up to now; they have not taken off ---

(Sen. (Prof.) Kindiki): Thank you, Sen. Wako. Your time is up. Finally, Sen. Kibiru, because you are the Chairperson of the Committee on Tourism, Trade and Industrialisation, I will give you strictly two minutes.

Thank you, Mr. Deputy Speaker, Sir. I worked for KNTC---

(Sen. (Prof.) Kindiki): What is it sen. Madzayo? Hold sen. Kibiru’s time.

Mr. Deputy Speaker, Sir, you have just said something, but I do not know whether that was an overview of this debate.

(Sen. (Prof.) Kindiki): What did I say? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, you said this could be the last person to contribute on this issue. We are also waiting on the list.

(Sen. (Prof.) Kindiki): Yes, I know you are waiting, Senator.

Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): But you will not speak. Proceed, Sen. Kibiru.

Thank you, Mr. Deputy Speaker, Sir, as I mentioned earlier, I just wanted to confirm from the outset that it is true that this sugar issue did not start yesterday. I happen to have worked for the KNTC for a while. Indeed, we have had these issues of sugar importation since 1991. One wonders why, all of a sudden, it looks like we have just made a new discovery. Mr. Deputy Speaker, Sir, importation of sugar is killing our industries. Every year when long rains came, there was pretence to import sugar in the country and it has not stopped. Currently, the Committee is looking at issues of trade and inquiries on the retail outlets. We have met the Anti-Counterfeit Agency (ACA), the Kenya Bureau of Standards (KEBS) and the Kenya Revenue Authority (KRA). Mr. Deputy Speaker, Sir, for us to stop corruption and entry of sugar and other goods that are not certified, the agencies must work together. I request that we come up with a proposal to force the agencies, that is, KRA, ACA and KEBS, the National Intelligence Service (NIS) and the Directorate of Criminal Investigations (DCI), to work together to protect us from this kind of importation. Mr. Deputy Speaker, Sir, as I conclude, it is not only sugar that is imported illegally into the country. Rice is also being imported. I will not be surprised to hear one day that we are importing contaminated rice. As we move on, we will---

(Sen. (Prof.) Kindiki): Very well. We had two other Statements under the same provision. However, the sponsors of those Statements have agreed that we defer them to tomorrow. LISTING OF NAROK COUNTY FARMERS IN CRB MANAGEMENT OF HEALTH SECTOR IN THE COUNTRY

(Sen. (Prof.) Kindiki): I will, therefore, allow a few more speakers. That, of course, does not mean that we will discuss this Statement the whole afternoon. We have to balance between the national interests involved in this matter with the need to handle all the items in the Order Paper today, including legislation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to comment on this important and sensitive matter. We must demystify why we have a problem in this country. If my memory serves me right, during an election period, there are goodies which are normally given out. Last May the Government gave out a window for people to import sugar illegally. One of the companies that imported sugar is called Rai Group, which imported 187,275 metric tonnes of sugar. When they imported this sugar, they stored it in a multiple Container Freight Station (CFS) or holding place, which originally stored clinker; a raw material used to produce cement. We are bringing poison into this country because our agencies have failed. When you import anything into this country, you go through a vigorous process. You issue an Import Declaration Form (IDF) and SGS, which certifies and gives a certificate of conformity that the item being imported into the country is safe. The Kenya Revenue Authority (KRA) has failed. If it had carried out due diligence, we will not have exposed Kenyans to the mess we are right now. Mr. Deputy Speaker, Sir, I am aware of another company called Darasa Investments whose containers or ship was confiscated in the port six months ago and the sugar is still lying there. If we want to fight corruption let us not be selective. Corruption is killing our people. When you store sugar where there is clinker, which is poisonous, you are killing Kenyans. The Government is unable to bail out Mumias Sugar Company. These sugar barons use every avenue to destroy the sugar industry in the country, so that they can import sugar. They collude with people in the National Treasury, KRA or Kenya Bureau of Standards (KEBS). We need to ask hard questions as we interrogate this matter. For example, why is it that Mumias Sugar is collapsing, yet the Government is not willing to relinquish its shareholding? Why not open it to the public or private inventors? Mr. Deputy Speaker, Sir, I support this Statement and hope---

(Sen. (Prof.) Kindiki): Thank you, Senator. I will now give a chance to Sen. Seneta.

Mr. Deputy Speaker, Sir, can I borrow 30 seconds?

(Sen. (Prof.) Kindiki): You have made your point.

Thank you, Mr. Deputy Speaker, Sir, for giving me---

(Sen. (Prof.) Kindiki): Order, Sen. Seneta. Just hold on for one minute. 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, for indulging me with the 30 seconds. It is important for Kenyans to realize that one per cent of the population - the sugar barons - is killing 99 per cent of the population. They are the people who are lining their pockets, using the 99 per cent of the population who buy sugar on a daily basis, to fund their illegal activities. I request the Committee that is handling this matter to take it up.

Thank you, Mr. Deputy Speaker, Sir, for giving me a chance to add my voice to the two Statements. Killing our sugar industry is like killing our economy. Importing contaminated sugar is an economic crime which is killing the Kenyan consumers. Since agriculture is a devolved function, I urge my colleagues in the Senate not to tire. We should stand with Kenyans and speak to this matter to the last man standing. We should also speak about the corruption at the National Cereals and Produce Board (NCPB) and the issues of contraband products that are coming into our country. We should not tire until we disband KEBS because it is not serving this country. I do not know why we are beating about the bush and refusing to say what is happening. Why should we chase lorries from Nairobi to Nyanza and Namanga? Why should we not speak to the authority that is supposed to check on these counterfeit products before they enter the country because they know what and where to check? All governors and Senators should speak to this. We should not beat about the bush. We should say that KEBS be dissolved today, and tomorrow we, start appointing a new one.

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

(Sen. (Prof.) Kindiki): Finally we have Sen. Pareno.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Statement. It is sad because it looks like every single day in this House; we are just talking about corruption, scandal after scandal and impunity upon impunity. We are losing this country. To pick up from where Sen. Mwangi left, we have killed our sugar industries and factories so that we import unhealthy sugar for the benefit of those who are doing it. I think it is time we rescued this country as the Senate. Very soon, we will have no country to rescue. From what is happening, this country will actually run away from us. Picking from where Sen. Mwangi left, I think it is time we invoked Article 94(4) of the Constitution. This Senate can oversight all officers inclusive of the President and his Deputy. Maybe it is time to impeach them. This country is running away from everybody; we cannot manage anything. They cannot manage this country. Mr. Deputy Speaker, Sir, my submission is that this Senate should rise to the occasion and save this country. Otherwise we are losing it and we can start by impeaching the Government of the day.

(Sen. (Prof.) Kindiki): Order, Senators. We have spent quite a bit of time on these two Statements for obvious reasons; that they raised important issues that are topical and of a national nature, as we speak. Therefore, hon. Senators, the two Statements; one by the Senator for Bungoma County - Sen. Wetangula, and the one by the Senator for Kakamega County - Sen. Malalah, relate to a general topical concern that is important to our economy, our country and by extension, to the lives of the people of Kenya in a large scale. In this regard, and considering the immense public interest in this matter relating to the importation of sugar that is laced with dangerous chemicals, I direct that two committees of this House, namely; the Senate Committee on Agriculture, Livestock and Fisheries and the Senate Committee on Tourism, Trade Industrialization, be seized of the matter as raised in the two statements, with a view to investigating the matters raised, and report to the Senate within 14 days from today. It is so ordered. 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.

(Sen. (Prof.) Kindiki): Order, Senators. We are not able to transact that Order because all that remains is division relating to the Committee of the Whole stage. I therefore defer that Order to tomorrow.

Hon. Senators, we are doing the Committee of the Whole on the Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018).

Division will come at the end.

It has an amendment. Proceed, Sen. Kinyua. Sen. Cherargei, are you are representing Sen. Kinyua? Go ahead.

Madam Temporary Chair, I beg to move: 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, Division will come at the end.

Proceed, Sen. Cherargei.

Thank you, Madam Temporary Chair. I beg to move: THAT Clause 6 of the Bill be amended – (a) in sub clause (1) by – (i) deleting paragraph (b) and substituting therefor the following new paragraph - (b) ensure and coordinate the provision of security services to the Governor-elect; (ii) deleting paragraph (d) and substituting therefor the following new paragraph - (d) co-ordinate the briefings of the Governor-elect by the relevant county public officers including submission of the following information — (i) an up to date assets register; (ii) an up to date register of liabilities; (iii) a complete list of all bank accounts and reconciled balances; (iv) a report of staff establishment per department; (v) a comprehensive report on county entities or corporations and agencies containing information 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.

Division will be at the end.

Sen. Cherargei, do you have an amendment?

Thank you, Madam Temporary Chair. I beg to move: THAT Clause 7 of the Bill be amended by deleting sub clause (2) and substituting therefor the following new sub clause — (2) The Committee may co-opt into a sub-committee established under subsection (1), not more than two persons whose knowledge and skills are necessary for the effective functioning of the Committee. There is no amendment there. Clause 7 gives the committee power to establish sub-committees for the better carrying out of its functions. 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.

Division will come at the end.

Division will come at the end.

Proceed, Sen. Cherargei.

Thank you, Madam Temporary Chair. I beg to move:- THAT Clause 9 of the Bill be amended by inserting the word “of” immediately after the words “results of the election.” Clause 9 of the Bill has been redrafted to address a typographical error in the Clause as the word “of” is missing in the provision making it grammatically incorrect.

Division will come at the end.

Division will come at the end.

Amendment?

Thank you, Madam Temporary Chair. I beg to move: THAT the Bill be amended by deleting Clause 11. Clause 11 provides for the inability of the governor or the deputy governor to assume office. The Bill provides that in the event that the governor-elect dies after being 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.

Division will come at the end.

Proceed, Sen. Cherargei.

Thank you, Madam Temporary Chair. I beg to move: THAT the Bill be amended by deleting Clause 12. Clause 12 provides for the assumption of the office of the governor by the deputy governor.

Division will come at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 13. Clause 13 of the Bill sets out instances where the Office of the Deputy Governor becomes vacant. So, it becomes part of the Bill.

It is deleted.

Yes, we are proposing to delete it.

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 14. Clause 14 of the Bill provides a clear framework for the filling of a vacancy in the Office of the Deputy Governor. The Committee proposes that the Bill be amended by deleting Clause 14.

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 Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by deleting Clause 15 and substituting therefor the following new clause – Swearing in 15. (1) The Committee shall publish, by notice in the Kenya ceremony.

and the county Gazette, the date, time and place for the conduct of the swearing-in ceremony. (2) The County Governor-elect shall be sworn-in on the first Thursday after the tenth day following the declaration of the final results of the election of the County Governor by the Commission. (3) The swearing-in of the County Governor-elect shall be conducted in a public ceremony before a High Court Judge.

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 16 of the Bill be amended – (a) in sub clause (1) by deleting the words “or affiration” appearing immediately after the words “subscribe to the oath” and substituting therefor the words “or affirmation”; (b) by deleting sub clause (3) and substituting therefor the following new sub clause – (3) Upon taking or subscribing to the oath or affirmation under subsection (1), the County Governor shall sign a certificate of inauguration in the presence of the High Court Judge who conducts the swearing in ceremony under section 15.

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 Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 17 of the Bill be amended in sub clause (1) by inserting the following new paragraph immediately after paragraph (a) — (aa) the county coat of arms;

The Division will be done at the end.

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT Clause 23 of the Bill be amended - (a) in sub clause (2) by inserting the following new paragraphs immediately after paragraph (a) — (aa) the applicant has failed to satisfy the confidentiality requirements to the Committee; or (ab) payment of the prescribed fee has not been made. (b) in sub clause (3) by deleting the words “subsection (2).” appearing immediately after the words “specified under” and substituting therefor the words “this section.”.

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

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after Clause 19 — Swearing 19A. The provisions of this Act relating to the swearing in in of ceremony of a County Governor-elect shall apply, with the Deputy necessary modifications – Governor who (a) to the swearing in ceremony of a Deputy assumes Governor who assumes the office of the County office of Governor; or County (b) to the swearing in ceremony of a Deputy Governor. Governor who is nominated to fill in a vacancy in the office of the Deputy Governor upon assumption by the Deputy Governor of the office of the County Governor.

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after Clause 23 — Funding. 23A. The funding for the assumption of office of a governor 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 Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by inserting the following new clause immediately after Clause 24 — Consequential 24A

The Division will be done at the end

The Division will be done at the end.

Madam Temporary Chairperson, I beg to move:- THAT the Bill be amended by- (a) renaming the existing schedule as the First Schedule; and (b) inserting the following new schedule immediately after the First Schedule —

A summary of assets currently held by the county government derived from up-to-date assets registers in conformity with the provisions of the Public Finance Management Act, 2012, the Public Finance Management (County Government) Regulations 2015 and Guidelines issued by the Public Sector Accounting Standards Board; the Public Procurement and Asset Disposal Act, 2015 and the Public Procurement Regulations 2006. Assets should include those inherited from the defunct local authorities, those transferred from the National Government and those acquired by the county government since 2013 including all assets that have disputes or outstanding unresolved matters.

b. Land and buildings - indicate whether titles are available or not; c. Motor vehicles - indicate whether the log books are available or not; d. Plant and equipment – indicate whether the log books or certificates are available or not; and e. Intangible assets (software) - indicate whether contracts or licenses are available or not.

Summary of all bank accounts and reconciled balances currently owned by the county government:- Bank statements and certificates must be availed. For Cash on hand a cash survey should be conducted.

Summary of human resource information of the county government derived from an up- to-date personnel records in conformity with the provisions of Constitution of Kenya (2010), County government Act 2012, Public Service (Values and Principles) Act 2015 and any other legislation and guidelines issued from time to time on human resource management in the public service.

Summary of Entities, Corporations and Agencies either partially or wholly owned by the County Government- 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 Division will be done at the end.

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

Hon. Senators, we are now considering The County Governments (Amendment) (No.2) Bill (Senate Bills No.7 of 2017).

Hon. Senators, the Division will be at the end.

Hon. Senators, the Division will be at the end. Proceed, Mover of The Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018).

Madam Temporary Speaker, pursuant to Standing Order 142, I beg to move that the Committee of the Whole report progress on its consideration of the The Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018) and seek leave to sit again tomorrow.

Proceed, Mover of The County Governments (Amendment) (No.2) Bill (Senate Bills No.7 of 2017).

Thank you, Madam Temporary Speaker. Pursuant to Standing Order 142, I beg to move that the Committee of the Whole reports progress on its consideration of the The County Governments (Amendment)(No.2) Bill (Senate Bills No.7 of 2017) and seeks leave to sit again tomorrow. Thank you, Madam Temporary Chairperson.

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 think there are two Orders. We will start with the The Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018). Yes, proceed, Chairperson.

Mr. Deputy Speaker, Sir, I beg to report progress; that the Committee of the Whole has considered The Assumption of Office of the County Governor Bill (Senate Bills No.1 of 2018) and seeks leave to sit again tomorrow.

(Sen. (Prof.) Kindiki): Yes, Mover?

Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report.

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

Mr. Deputy Speaker, Sir, I ask the Senator for Nandi to Second the Report.

I second.

(Sen. (Prof.) Kindiki): We move to the next Order, which is The County Governments (Amendment)(No.2) Bill (Senate Bills No.7 of 2017). Where is the Chairperson? You have the Floor. THE COUNTY GOVERNMENTS (AMENDMENT) (NO.2) BILL (SENATE BILLS NO.7 OF 2017)

Mr. Deputy Speaker, Sir, I beg to report progress; that the Committee of the whole House has considered The County Governments (Amendment) (No.2) Bill (Senate Bills No.7 of 2017) and seeks leave to sit again tomorrow.

(Sen. (Prof.) Kindiki): Yes, Mover?

Mr. Deputy Speaker, Sir, I beg to move that the House – is it do or doth? – there is a debate about this---

(Sen. (Prof.) Kindiki): Order, Senator Mutula Kilonzo Jnr! Where is the debate?

I have heard it from a very senior Member of this House, the former Attorney-General emeritus, that it is ‘doth.’ 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): ‘Doth’ is the traditional version; ‘do’ is modern; and both are right.

Mr. Deputy Speaker, Sir, let us do the modern times version, whereas ‘doth’ is ‘do’. Mr. Deputy Speaker, Sir, I beg to move that the House do agree with the Committee on the said Report. I ask Sen. Wako to Second.

seconded.

(Sen. (Prof.) Kindiki): Thank you. Sen. Mutula Kilonzo Jnr., ours is a House and process bound by customs and traditions. Therefore, when you have a choice between modernity and custom, you choose custom.

(Sen. (Prof.) Kindiki): Sen. Omogeni, when the Chair indulges you, it does not include a leeway to pick water and greet people. It means you proceed with haste to your nearest point of settlement. Hon. Senators, I will now put the question.

On a point of order, Mr. Deputy Speaker, Sir. In the Senate, we do not have the confusion of the word “doth” or “do.” We stand guided by the Table. Could you direct that we either use “doth” or “do” because we cannot have both? If the custom is “doth”, then we should use “doth” because we have no problem with saying “doth” the same way we do not have a problem with saying “conscientiously.” Your directions are important.

(Sen. (Prof.) Kindiki): Sen. Mutula Kilonzo Jnr., what is out of order? Is it “do” or “doth”?

Mr. Deputy Speaker, Sir, you pointed out to a very important issue on custom. I remember in the previous Senate, we used the word “doth.” I do not know at what point we changed the word to “do.” However, the Table officers here have been useful to us and we thank them for being useful all the time. However, we cannot do this without some form of direction. There must have been something that was done internally to change this to “do.” From where you, Sen. Wako and I come from, we love the word “doth” notwithstanding---

(Sen. (Prof.) Kindiki): Where do we come from?

The profession where we take pride in being learned. We like those words. Maybe, there was a direction internally to change the wordings that are used here. 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 are at liberty to use “doth” even when the letter reads “do.” The consequence is the same. That brings us to the end of that Order. Let us move to the next Order.

(Sen. (Prof.) Kindiki): Where is the Senate Majority Leader? This Motion was moved and replied to and the question was proposed. So, it is now open for Members to debate. 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, for this opportunity to support this Motion. From the outset, devolution brought a good thing in this country. Article 174 of the Constitution is about the objects of devolution while Article 10 is about national values and principles of governance. There is the essence of democracy, the rule of law, understanding the Constitution; Kenyans appreciate what it has created in various offices. This is important because the people from north rift will take pride to host the first sitting of this Senate outside the Parliament Buildings in Nairobi. We will also be happy because Uasin Gishu County is my neighbour. It is also in the north rift where we have Nandi, Trans Nzoia and Elgeyo-Marakwet County where our Senate Majority Leader is the Senator. It will be wonderful so that we also appreciate diverse culture and the ways of life of Kenyans because we are one nation, one people, but from different and diverse backgrounds. We are from different ethnic communities and backgrounds. When we go there, Senators should not leave without having a taste of “energizer drink”. This is a famous name used by athletics legends of this world and even across the globe to mean

. Secondly, most of the issues that we will canvass, debate, discuss or engage in during our sitting in Uasin Gishu County should be those that concern that region. As we talk now, there are issues of National Cereals and Produce Board (NCPB). I am happy that farmers have appeared before various agencies that are concerned with agriculture including the Ministry and many parliamentary committees.

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

I do not know if somebody is switching off the microphone. It might be political sabotage.

(Sen. (Prof.) Kindiki): Order, Sen. Cherargei! The Standing Orders prohibit you from imputing improper motives.

Mr. Deputy Speaker, Sir, I apologize.

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

There is also the issue of farming. I want to say with a heavy heart that as farmers from north rift, it is important that a lot of key issues, especially concerning farming, form part of the discussions we will have in Uasin Gishu County. We have heard about maize issues. We need to ensure that we provide direction to the many residents who are majorly farmers from Uasin Gishu, Nandi, Kakamega, Bungoma, Vihiga, Kisumu and Kericho which is in the south rift because they are the people who toil and work hard to ensure that Kenyans do not go hungry. There are many issues not only concerning maize but also tea and sugar that we discussed. All these are emotive issues. Our sugar levels have been skyrocketing and that is why we are concerned that these issues must be handled. When we go there, let us 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! Did I hear you just say that you have intentions of taking over another county?

My apologies, Mr. Deputy Speaker, Sir. I said we have developed an imagination of taking over seven counties---

(Sen. (Prof.) Kindiki): That is even worse!

I apologize. I withdraw that part of the statement. I want to say on that line that I am happy that the boundary issue will be resolved. There are constitutional mechanisms that are being provided on how to address boundary issues. I hope by that time, the Senate will provide direction. I know the County Boundaries Bill is before this House, and I am happy it is being expedited to ensure that it comes to fruition such that by that time, we can have up to date information on such boundaries issues that maybe Kisumu, Nandi, Kakamega have, and those issues will be put in perspective and we ensure that we sort them out, once and for all. As I wind up, I request that those Senators who will not come, like my good friend, Sen. Mohammed Faki, Senator 001 and others including the Chair, will have time to go around our county---

(Sen. (Prof.) Kindiki)

Mr. Deputy Speaker, Sir, I stand guided on the same.

(Sen. (Prof.) Kindiki)

Mr. Deputy Speaker, Sir, I can see the Attorney-General

wants to proceed with another matter so I will try and limit my discussion. Finally, I would request that the Chair and Senators from other regions, even Sen. Pareno, would have an opportunity to address the county assemblies. On my behalf, I would like to say that all the Senators will be welcome to Nandi County Assembly so that you can also engage the MCAs and build capacity for them in terms of oversight, how to do presentation and initiate legislation because they are the foot soldiers. They are the key people who ensure that they grease the engines of devolution and also that they do not oil in the wrong direction of corruption and also look in areas like my county where we are paying subscription fee to ensure the MCAs cut weight or apply lipstick or tattoos on our bodies. I think those should be provided but we should guide them in the appropriate direction. Mr. Deputy Speaker, Sir, I support.

Thank you, Sen. Cherargei. That is well put, except the expansionist ideas.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Motion. This is one very good idea from the Senate. The Senate sitting in counties is a statement. It is an outreach programme. We have so many counties, they cannot access the Senate easily. Reaching out to them by sitting in their counties would create an environment for proper engagement with the counties and the county management. At this particular moment when we are talking about building bridges; when the Senate sat and even had a Motion on the handshake and how we can build bridges 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.

Any particular details?

Mr. Deputy Speaker, Sir, I am thinking about the food and tourism industries and the engagement in itself. The economy of a county will definitely be boosted when the Senate sits there. We need to be prepared for this. It will require a special budget because we do not want to go to one county and then say that we are short of funds to go to the next county. If we do so, the other counties will feel discriminated. I am sure that by the time the Senate Business Committee came up with this, they had thought about the budget that goes alongside it. I am sure that we will be able to implement it. I say this because there have been times when we want to do something as a Committee and we were told that the resources were lean. We do not want to hear that the resources are lean when it comes to sharing this circuit around the counties. If that will happen people will demand to know why we did not go to their counties. On a lighter note, as we were going round the East African Communities (EAC) states, at one point the Speaker of the East Africa Legislative Assembly (EALA) tried to stop the rotation and it became a big issue. Hearing from the people and engaging with them in the counties will become so exciting that stopping it will not be easy. When the Speaker of EALA tried to stop the rotation, she was impeached. She was from Uganda and it was sad, but that is what brought a lot of issues within the Assembly. Let us get prepared for it. The counties should also be ready for it. I am sure that it will be of mutual benefit to the counties and the Senate. Mr. Deputy Speaker, Sir, I support.

(Sen. (Prof.) Kindiki): Thank, Sen. Pareno. I hope you were not implying similar consequences for the Speaker of the Senate if the sittings outside Nairobi are stopped once they are approved. I hope that was not the issue.

Mr. Deputy Speaker, Sir, that was not the intention. I was just sharing the experience that we had at EALA.

(Sen. (Prof.) Kindiki): Which does not apply in this case. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, it might not apply here.

(Sen. (Prof.) Kindiki): Does not apply in this case?

Mr. Deputy Speaker, Sir, it does not apply.

(Sen. (Prof.) Kindiki): Thank you, Senator. Sen. Wako.

Thank you, Mr. Deputy Speaker, Sir, for giving me the opportunity to speak on this very important Motion. In fact, we had discussed it in the Kamukunji. The Motion speaks for itself and the justification is there, which is, to provide an opportunity to Members and staff of county assemblies to learn and borrow best practices from the Senate, promote the role and work of the Senate et cetera. This are very noble objectives to which I subscribe.

As Sen. Pareno, the incoming Madam Speaker, has just stated, I am aware that EALA has been going round all the capital cities of the five member States. This has made the activities of the East Africa Community (EAC) to be known by members of those countries. Before EALA began going round, we used to have the East African Court of Justice, which would also go round. Although the headquarters was in Nairobi, they felt that they must go round. They would go to Kampala and Dar es Salaam. Our own Court of Appeal of Kenya, which was the highest court then, had the policy of going round the provincial capitals, particularly Mombasa, Nakuru, Kisumu and Eldoret to hear cases. Therefore, the concept of rotating around in order for the institutions to be known on the ground on what they are doing is well grounded. I will not speak much on that one because I have a Bill to speak on. Madam Temporary Speaker, the way this Motion is crafted does not reflect the discussions that we had during the Kamukunji. This was not to be the only county that we will visit. It is crafted as if this Motion will only give permission for the Senate to sit in Uasin Gishu County from 24th t0 28th September, 2018. Once the Motion is passed and we go there, it will be the end of the matter. It will require another Motion again to go to other areas of Kenya. The spirit that I got when we attended the Kamukunji is that this should not be the only county to be visited, and you have given the example of the Speaker of EALA who tried to stop rotation. Here we are only permitting sittings in only one county outside Nairobi. We may easily be told that we cannot go anywhere else because of budgetary issues and so on. These things happen in Government. I want to give notice that I will be moving an amendment to this Motion. Voting should not take place until that amendment is in place. It will be an amendment to reflect the spirit of the Kamukunji, which will in effect say that during the term of this Senate, we ought to have sat in all the regions. It does not have to be all the counties, but at least in all the regions of Kenya. The Office of the Clerk and the House leadership should produce a paper on the issue of finance and other issues that pertain to it, to ensure that we have those meetings. The meeting in Eldoret will be precedence setting for it will be 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 want to inform you that you can give notice of the amendment to the Clerk in writing. That is what the rules require of you for that amendment to be considered.

You are not on record.

Madam Temporary Speaker, the Motion should be ready. I told Sen. Olekina, who happens to come from the Maasai community, to draft his amendments. He is not here. He told me he had begun drafting it. So, I am sure that tomorrow morning, I will be able to submit it to the Clerk. Thank you.

Sen. Halake Abshiro, the Floor is yours.

Thank you, Madam Temporary Speaker. I stand to support this Motion. My senior colleague has mentioned the need for these sittings to be rotational as opposed to being in one place. In line with the principle of the hard to reach places, after Uasin Gishu County – I do not know what the rationale for choosing the county was – we can start with the hard to reach counties of northern Kenya like Isiolo, Marsabit, Mandera, Moyale and Wajir where this Senate perhaps, needs to see what the people there go through and also in the spirit of making sure that we take services closer to Kenyans. That will auger well with the people. This is a good Motion, notwithstanding where we are starting from. We will definitely make sure that the Senate in execution of its mandate ensures that it is there for the people. With regard to the objects of this Motion, I am pleased that we have all the four objectives that are noble in as far as taking ourselves to the people is concerned. However, there is one thing that I feel my senior colleague who will be drafting the amendments has to add. This is with regard to accountability of the Senate to the people they serve. We have drafted this Motion as if we are the only ones who know everything and we will be imparting knowledge downstream, but I am sure that we will learn much more 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. (Dr.) Inimah Getrude Musuruve.

Thank you, Madam Temporary Speaker. I stand to add my voice to this noble Motion. The Motion is timely. It is time we said that devolution is not a baby anymore; it is now a grown-up child. It is a tool that we can use to reach out to the people. Having Senate meetings in different counties in the Republic is backed by the Constitution. Article one of the Constitution states clearly that all sovereign power belongs to the people of Kenya. When we take our sittings to the people, we will be affirming that power belongs to the people. We represent our constituencies indirectly, but when we go to the counties, we will now be giving them direct power because they will listen to us and we will listen to them. So, going there will have a big impact. Our Constitution stipulates clearly the role of the Senate. We represent the counties and we serve to protect their interests and governments. So, when we take our sittings to the counties, we are doing what the Constitution demands of us. When we do what the Constitution demands of us, in essence what we will be communicating is that, we are becoming servant leaders. That is what the President was calling upon all of us to be; servant leaders who are committed to work. When we go to the people and talk to them, we will strengthen this belief and they will see that we are committed to serve them. Madam Temporary Speaker, we are sitting here because we have been employed by the people of the counties that we represent because we want to deliver on our mandate when we go to counties. The people will see that we are serious and committed to our business. 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. Let me also join my colleagues by going on record for supporting this historical Motion. We may take it for granted that the Senate is debating a Motion to hold sittings in one of our county headquarters. However, we have had Independence for over 50 years. However, the people of this country have never been privileged to see Members of either the Senate or the National Assembly sitting in the county headquarters. So, we must pride ourselves. I have stood to be on record that I was privileged to sit in the Senate that made this historical decision to hold sittings in one of our county headquarters. We really must applaud ourselves for having taken steps to actualise what is in Article 126 of the Constitution. I also want to be on record as saying that what we are doing is progressive and forward looking. I cannot wait for the moment when I will also be the host for the Senate sittings in my County of Nyamira. I, therefore, support the proposed amendments by my colleague, Sen. Wako, of moving an amendment to this Motion to make it one that supports sittings, if possible, in all county headquarters. People passed the 2010 Constitution because they wanted power devolved to the counties. They did not pass it to continue with the culture of power being exercised from Nairobi City County. It was so that we can devolve all the fruits that are enjoyed by the people who reside in the Capital City. I am extremely excited and I look forward to September when we will be able to engage with the people of Uasin Gishu County. Madam Temporary Speaker, I hope that our host Senator will earnestly begin a campaign of awareness for the people of Uasin Gishu County so that they can be enlightened on the provisions of Article 119 of the Constitution. Residents of that county can present petitions that touch on issues of that county to the Senate for debate. I am proud that one of the key highlights of this sitting is to ensure that the committees discharge business when we go to Uasin Gishu County. That will be a golden opportunity for the people of Uasin Gishu and the neighbouring counties to have a direct engagement with the Senate. They will interact and understand the benefits of Article 119 of the Constitution which allows them to bring petitions to the Senate and sit in committees which are now open to the public. Madam Temporary Speaker, I would have loved if this sitting was held in a county where we need not fly, but travel by road. Anybody who travels by road to their county headquarters knows the deplorable conditions of our roads. For example, from Nairobi City through Mai Mahiu to Narok County, potholes on those roads are now forming gullies. I was just wondering: Does the person who heads the Kenya National Highways Authority (KeNHA) feel proud to see our roads deteriorating to that state? Do they feel proud that they are there to provide service to the people of Kenya, when they cannot discharge a single task of repairing a pothole? Some of the things that happen in this country can never happen in other jurisdictions like the United States of America (USA). There is no way a country can have such a wonderful road that takes our visitors to the Maasai Mara, but we leave it to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary, Speaker. I rise to support the Motion that this House adopts and proceeds to hold its sittings outside Parliament, with the first proposed sitting being in Uasin Gishu County. Madam Temporary, Speaker, when the first sitting of the Senate was convened in 2013, part of the proposals and questions that came from the public in the debate that ensued was why Senators should travel all the way from as far as Mandera, Kisumu and Tana River to come and sit in one House in Nairobi to deliberate the issues that affect the people in those places. In the debate we engaged in then, there were proposals that we should have a system where Members contribute even via video link. That tells us the importance with which members of the public hold this particular concept of having sittings within an area that is accessible to them. Madam Temporary, Speaker, without being repetitive, I would like to acknowledge the role of this House, as is well articulated in Article 96 of the Constitution. One would ask why this did not happen earlier than now. Why did we take 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. Were.

Thank you, Madam Temporary Speaker. I rise to move an amendment to this Motion that we delete the full stop after “2018” and insert a comma and also insert the following new paragraph:- “THAT a programme of sittings outside the Parliament Buildings in Nairobi be drawn to ensure that such Sittings take place in all regions during the term of this Senate.” I invite Sen. Shiyonga to second.

You are not making any justification for those amendments.

Madam Temporary Speaker, we need the programme for the sittings outside Nairobi to ensure continuity so that it is not just the North Rift that will benefit from all the good things the Senators have said as a result of moving our sittings to the counties. 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. It will be a historical for us to have our sittings outside Nairobi. Our sitting outside is not about the people, but it is all about the decisions and the policies which we will debate while there. Our county governments are very young. They have been in existence for the last six years. Therefore, it is very important that we strengthen them. When they come into reality with what we are doing and discussing here, then it will help them grow fast and adopt the agenda in their various counties. Madam Temporary Speaker, there are various amendments that we are doing in this Senate. There are also various Acts and Bills we have passed here to strengthen our county governments and devolution in this country. We want to spearhead devolution to greater heights. By sitting outside this building, it means we, as a Senate, are supporting devolution in a more positive way. The issue of transporting people from various counties to this central place or Nairobi will be very expensive. By allowing ourselves, as Senators, to go to different regions in this country, it will be one way of saving resources and enhancing interactions with our people. They will also have an opportunity to tell us what they think about us. This will be better than bringing them to Nairobi. While there, it will be good for us to invite pupils and students to listen to our debates. It will give these young ones morale so that when they are growing up, they know what type of leaders they will emulate. Madam Temporary Speaker, it is very important that we will sit outside Nairobi and interact with people in that county. They will have many issues to share with us. They will learn how to petition the Senate and so on. However, it will now be very easy for them to do this because they are used to the environment that we will interact with them. It will be very easy for these people in this particular region that we are going to have our sitting to interact with us and pass their views or facts to us. This will enable us help and develop the functions that this Senate is mandated to do. Thank you, Madam Temporary Speaker. I support.

Thank you, Madam Temporary Speaker, for allowing me to add my voice to this very important Motion on sitting of the Senate outside the Parliament Buildings in Nairobi. Many of our important sittings have always been in Nairobi and the people at the grassroots need our presence. 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, Senator! Hon. Senators, I now defer the rest of the business to be listed in tomorrow’s Order Paper.

Hon. Senators, it is now 6.30 p.m., time to adjourn the Senate. The Senate, therefore, stands adjourned until tomorrow, Thursday, 21st 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.