Hon. Senators, as you may be aware, the County Allocation of Revenue Bill (Senate Bills No.11 of 2018) was published in the Kenya Gazette Supplement No.39 of 13th March, 2018. The Bill was passed with amendments by the Senate on 30th May, 2018, and was subsequently referred to the National Assembly. The Bill was read a First time in the National Assembly on 13th June, 2018, and passed without amendments on 19th June, 2018. Hon. Senators, pursuant to Article 110(5) of the Constitution and Standing Order 157(1) of the Senate, which states:- “When a Bill originating in the Senate is passed by the National Assembly, without amendments, the Speaker shall certify and refer the Bill to the President for assent within seven days of its passage by the National Assembly.” Hon. Senators, in accordance to the above provisions, I referred the certified County Allocation of Revenue Bill (Senate Bills No.11 of 2018) to the President. I wish to report to the Senate that His Excellency the President assented to the Bill on Friday, 29th June, 2018. 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.

Hon. Senators, as you will recall, on Tuesday, 19th June, 2018, I made a Communication regarding the demise of the Late Senator for Migori County, Senator Ben Oluoch Okello. Thereafter, I appointed a Committee comprising the following Members drawn from both Houses of Parliament- (1) Sen. Moses Kajwang’, MP; Chairperson (2) Hon. Paul Abuor, MP; Vice-Chairperson (3) Sen. (Prof.) Samson Ongeri, EGH, MP (4) Sen. Samson Cherargei, MP (5) Sen. Millicent Omanga, MP (6) Sen. Judith Pareno, MP (7) Sen. Nderitu John Kinyua, MP (8) Hon. Mathias Robi, MP (9) Hon. Mark Nyamita, MP Hon. Senators, burial arrangements have been on-going and in this regard, I request that you take note of the following critical dates leading to the burial of the Late Senator. (1) A funeral fundraising shall be held today, Tuesday 3rd July, 2018, at the Nairobi Central SDA Church, Maxwell, starting at 6:00 p.m. (2) A funeral service shall be held on Friday, 6th July, 2018, at Lavington SDA Church, Nairobi, at 10:00 a.m. (3) The Burial of the late Senator shall be held on Monday, 9th July, 2018, at his home in Rongo Constituency, Migori County. Senators who wish to travel to Migori County for the Burial are requested to register with Mr. George Otieno, Clerk Assistant, by close of business today, Tuesday, 3rd July, 2017. I thank you.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday 3rd July, 2018- Report of the Auditor-General on the Financial Statements of the Parliamentary Service Commission for the year ended 30th June, 2017.

Where is Sen. (Dr.) Isaac Mwaura? He is not here? Next Order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise under Standing Order 47 to give a Personal Statement to thank all my colleagues for the love that they showed me when I was admitted at the Nairobi Hospital. Mr. Speaker, Sir, I extend my thanks to you and the Clerk of the Senate. You responded well when I was in need. I truly thank you, the Senate Minority Leader as well as all of you who came to visit me in hospital and for your prayers. I have never seen such love from my colleagues. Mr. Speaker, Sir, in the one week that I was admitted, I was reminded that it is only God who is the custodian of the life that we have. I never had the time to mourn my friend, the Senator for Migori County. The day the Senator passed on, I thought I would be the next one and I wondered about it all night. I sincerely thank all of you for the support, comfort and love that you gave me. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. With your permission, I beg to move that the Public Participation Bill (Senate Bills No.4 of 2018) be read a Second 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): Hon. Members, let us consult in low tones, so that we follow the proceedings. 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. Orengo): Mr. Speaker, Sir, it is good for us to share some of these provisions because they come in quite handy. Under Article 196 of the Constitution, county assemblies are also supposed to embrace the principle of public participation not only in legislation, but also the running of county governments. Even when it comes to the issue of protection of the environment, under Article 69, again there is the principle of public participation. In the values that affect the principle of public finance, again, you find the same theme running. That is set out in the words that, “there shall be openness and accountability, including public participation in financial matters.” Luckily, for the legislatures there is a framework and mechanisms already, although it is not sufficient, as found in the Standing Orders. There are provisions in the Standing Orders that have been adopted both in the National Assembly and county assemblies on how to conduct public participation in matters legislation. This Bill provides general guidelines for all institutions of Government, including Parliament and the Judiciary. It also designates offices upon which the authority to make provisions or enact guidelines for public participation shall vest. Those are found in Clause 5 of the Bill. I invite the Members to look at the Bill. Mr. Speaker, Sir, again, of significance is that all these principles that are contained in our Constitution are also found in international instruments, more particularly, the International Covenant on Civil and Political Rights. These principles are found in the African Charter on Human and People’s Rights. There are other jurisdictions which have even stronger legislation on the question of public participation. I commend the law as it obtains in Portugal where public participation, as set out in the law, is more elaborate than in our Constitution. For example, there is a provision in Portugal and Colombia, in the relevant legislation, that any citizen has a right to participate in the establishment exercise and control of political power. In those countries it goes beyond participation. This question also has a reason in our courts. The courts have given some guidance as to how this matter should be dealt with. There are several decisions of the High Court here in Kenya. This is a shared jurisprudence between our courts and, more particularly, the courts in South Africa. They have pointed out that the question of public participation should not be done for mere observance of the law. Public participation must be real and not illusory. In enacting laws or making decisions, the governmental institutions must embrace the principle of public participation. Indeed, some of the courts have gone beyond that to state that public participation is not consultation or seeking advice; it is participation. The words that are used in respect of the legislature are ‘participation and involvement.’ It goes beyond just the mere principle of participation. Mr. Speaker, Sir, this is an important Bill. I should have said right in the beginning that I am moving this Bill on behalf of the Senator for Busia County, Attorney- General Emeritus, Sen. Wako. He is probably the right person to have come up with this Bill because not only was he the Attorney-General during the discussions and debates around the new Constitution and piloted its enactment in the previous Parliament, but he 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.

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

Sen. (Dr.) Kabaka, you can proceed before we continue with the debate on the Bill.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to welcome Kunikila AIC Secondary School. Kunikila AIC Secondary School is located in Machakos County where I come from. It is located approximately near the place where my mother was born. It is in Mbiuni, Mwala, Sub-County. It is a school which has been doing very well. I would like to thank them for their sterling performance and I would wish them to continue doing so. I also urge them to continue being obedient to both their parents and teachers. In future, I would wish some of them to fill in my shoes when I exit from the Senate and join other professions in the country or internationally. Once more, I would like to thank the school for this visit. These are the future leaders who will move this country to the next level.

Mr. Speaker, Sir, I rise to second the Public Participation Bill (Senate Bills No.4 of 2018). As has been canvassed by the Mover of the Bill, public participation is the manifestation of various provisions of the Constitution that seek to ensure the right to participate in public affairs is respected and fulfilled. As a starting point, I would like to point out that the preamble to the Constitution provides that the people of Kenya enacted this Constitution while:- (1) Recognizing the aspirations of all Kenyans for a Government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Speaker, Sir. I did not wish to interrupt the flow of thought of my friend and elder brother Sen. Faki, but I rise under Standing Order No.84. Mr. Speaker, Sir, is it in order for the distinguished Senator No.001 to read a speech to second this very important Bill?

The Senator is out of order! You can only refer and make some references. You do not have to read the speech.

Thank you, Mr. Speaker, Sir. Article 38 of the Constitution provides for the right to free and fair regular elections. Our Constitution has gone further to enshrine public participation during public participation fora that are normally conducted in the enforcement of the several laws of the country. Mr. Speaker, Sir, the requirement for continued engagement is crucial to enrich the discussion or the legislation that is being brought to the House, or whatever decisions that will be made by the public bodies. By involving the public in various stages of public participation, the decision making in Government is normally demystified. Mr. Speaker, Sir, another advantage of this Bill is that the public participation enriches the decisions that are being made so that they become more implementable, sustainable and likely to face minimal opposition, especially from the affected groups. Public participation also ensures that the decision made has some form of legitimacy. The Mover of the Bill has alluded to the several enactments that were done prior to the repeal of Section 2(A) of the Constitution which would not have been enacted had public participation been conducted. Mr. Speaker, Sir, public participation has now been enshrined in our Constitution and the courts will not hesitate to declare Acts that have been passed without public participation to be unconstitutional. Therefore, it is for this reason that the Bill comes at a crucial time when the country requires a legislation that can anchor public participation that has been done in a meaningful way. Mr. Speaker, Sir, the Bill identifies three broad requirements for the fulfillment of this right. The first one is public access to information which is very crucial, so that they can contribute to the public participation. 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, thank you for the opportunity. This Bill is long overdue because public participation has been going on for a long time without a framework. Counties have been doing their own form of public participation and that is the reason we have challenges. The Governor for Kericho, His Excellency Prof. Chepkwony, was impeached in this Senate by the assembly because of something that he did; a contract that he entered into without what was defined as public participation. The then Governor for Embu, Hon. Wambora, was saved by the court because of what was said that “the public in Embu was not involved in his impeachment”. The question has been what public participation is with regard to budgets, impeachment and projects. This Bill tries to have a uniform framework on public participation. The Senator for Kericho said they have a problem with the budget. Many counties have problems with their budgets because governors want to construct houses for Kshs300 million, speakers’ houses for Kshs140 million and deputy governors’ houses for Kshs200 million. The question that has arisen is whether the public has been given adequate information with regard to such projects. 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 chance. I rise to support and give my thoughts on this extremely well thought out Bill by Sen. Wako. This Bill is about a very important and integral part of our democracy that we continue to ignore each and every day. This is done under the pretext that the people we lead are not educated, or they do not have the capacity to understand some of the things that we do, as leaders. We do this without realising that this is a grave violation of the provisions of Article 10 of our Constitution, where public participation is one of the national values. The drafters of our Constitution envisioned this value and put it there so strongly for us to remember and think through, every time we get an opportunity to engage with the people we represent and who have placed the duty of leadership in our hands. Mr. Speaker, Sir, this Bill is extremely timely, especially during this second cycle of devolution. County governments are beginning to come face to face with the stark realities of the difficulties and challenges when trying to execute projects considered to be for public good, but without considering and going out to seek information from the very people that they are going to lead and give the projects to. Mr. Speaker, Sir, under the guiding principles that have been thought out by Sen. Wako, Clause 4(d) caught my attention and it is something that I have thought through keenly. One of the guiding principles and assurances you have to give to members of the public, upon the enactment and signing into law of this Bill, is the fact that their views have been taken into consideration and that they inform the final decision that has been made. I have seen this being done by many government agencies, where they start with the end already in mind and they do not intend to take the views of the public into consideration. 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, I would like to acknowledge the presence in the Public Gallery, this afternoon, of visiting students and teachers from Our Lady of Fatima, Chinga Girl’s School from Nyeri County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and on my own behalf, I wish them a fruitful visit. I thank you.

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

Thank you, Mr. Speaker, Sir. I wish to contribute to this important Bill. It was unfortunate that we did four and a half years of devolution without this legislation in place. I join my colleagues in congratulating Sen. Wako for this effort. I believe that we should have had this legislation in place like yesterday. I remember in the last Parliament, the former Senator who is now the current Governor for Nandi introduced the famous “Sang Bill” which did not see the light of day because governors really fought against it. However, I hope that this will replace what Governor Sang anticipated, then. Mr. Speaker, Sir, looking at the Bill, it is a constitutional provision. The governor or a relevant Ministry will not decide whether to hold public participation or not. It is a must. Most of the counties and relevant departments were violating this particular provision of the Constitution. I believe that this particular legislation will address those who are violating that particular provision of the Act. I must commend Makueni County. When we went through this particular Bill, we were informed by Sen. Mutula Kilonzo Jnr., that Makueni County has a public participation procedure up to the village level. I must commend Governor Kivutha Kibwana for this initiative. I hope that most of the counties will emulate this. This is a constitutional right and it is important for Kenyans to know their right and the decisions counties are making on their behalf. Mr. Speaker, Sir, as Sen. Mutula Kilonzo Jnr., has said, I remember that in the last Parliament, the Governor for Kericho County was almost impeached because he thought that public participation is just going to a restaurant, taking sodas and photos then making a decision on behalf of his county. He was committing the county for 50 years without a decision from the people of Kericho County but he was lucky to have been saved by this House. The same things are happening in most of our counties. Members of the public are not involved in decision making. Governors are rushing decisions in a restaurant corner somewhere with selected people who do not question. They take minutes, they are given Kshs100 or Kshs200 and a decision is made. This is wrong and it is also a great violation of the rights of the people of Kenya. Mr. Speaker, Sir, we cannot maneuver our way and write to those relevant institutions in the county. For example, we write to the speaker or the County Executive Committee (CEC) Member for Finance of the county assemblies to provide information. However, because we do not have a mechanism in place to hold them accountable, some of them do not respond to our letters; which is wrong. I do not understand why Senators are oversighting those counties if the county governments are not responding to our letters. We need to do something about that. Mr. Speaker, Sir, members of the public always complain to us. For example, in Isiolo County where I come from, the gate to the County Government is always locked the whole day. People have to book an appointment to access the public gallery or see the county governor. This is a great violation. I have spoken about this many times. Members of the public have complained, but nothing has been done about it. It is a high time that the Senate is serious on its mandate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity to add my voice in support of this very important Bill by Sen. Wako. Mr. Deputy Speaker, Sir, from the very outset when I look at this Bill, I see three very important outcomes, if it is enacted into law. One of the outcomes is the empowerment of communities. Once enacted, this Bill will ensure that communities have access to critical information on projects and decisions that affect them and their livelihoods. Once armed with that information, communities will be able to hold leadership to account. That is exactly like the story told by the Senator for Kericho County of the farmer who spoke truth to the National Assembly Committee on Agriculture. The farmer had demanded accountability on delivery of pledges and promises made to farmers with regard to the price and delivery time of fertiliser. 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 have a communication to make.

Thank you, Mr. Deputy Speaker, Sir. Allow me to take a minute to congratulate the visiting students from Catholic University of Eastern Africa (CUEA). This is to let this House know that Sen. Enoch Wambua of Kitui County went to CUEA.

(Sen. (Prof.) Kindiki)

Mr. Deputy Speaker, Sir, now the House knows. I congratulate students from CUEA and encourage them to work hard and be determined as I was. They need to be focused, and one day, a good number of them will be in this Chamber, other chambers or serve this country in different capacities. The Catholic University of Eastern Africa is an institution that is founded on strong Christian and family values. I encourage the students to keep up its good name. Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well, Sen. Wambua. Sen. (Dr.) Kabaka, you did not go to CUEA.

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Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I hope it will not interfere with my other request to contribute to the Public Participation Bill. I wish to join my neighbour, Sen. Wambua, in congratulating the CUEA. I must have joined the CUEA earlier than Sen. Wambua. I joined CUEA where I pursued Masters of Arts in Philosophy. I was taught by some of the gallant lecturers. Some have left and gone back to Italy. Others have demised, like Fr. Klinka, who taught me Philosophy of religion, ethics and so forth. Later on, I became a lecturer at the same university under the deanship of my former dean at the University of Nairobi, Prof. Nderitu, who was your dean. I taught there for about two or three years and joined the world of politics. Once again, I congratulate the students for their visit and hard work. It has been proved that the School of Law at the CUEA is one of the best when it comes to students who join the Kenya School of Law before being admitted as the advocates of the High Court of Kenya. Their performance has been sterling, and we get that from the lecturers. That shows that the Christian Catholic beliefs, upon which the university is built, are important. Once again, I thank them and may God bless them.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Dr.) Kabaka. We now proceed with the debate on the Public Participation Bill. Proceed, Sen. (Dr.) Milgo.

Order, Sen. Mwaura! Kindly resume your seat. Given the nature of interest, I recommend we take the shortest time possible, without curtailing the freedom of debate. Proceed, Sen. Milgo.

Thank you, Mr. Deputy Speaker, Sir. I also rise to support this Bill based on the following issues. First of all, I wish to congratulate Sen. Amos Wako for coming up with such a great Bill. If this Bill is passed and becomes law, the counties will be run better. The issue of corruption and contraband goods, such as sugar and maize, has elicited a lot of debate. People want to know who is importing this sugar. It has degenerated into some people even naming others. Some even imagine that their communities are being targeted. I am sure that if this Bill was in place, such issues would have been sorted out. Right now we would know who the importers of sugar are. I am quite pleased particularly with Clause 4 of this Bill. This is because it gives a clear guideline as to how public participation is supposed to be conducted. In the counties, governors normally speak of what we call County Integrated Development Plan (CIDP), which is a clear plan. However, a closer look at this particular plan shows that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (|Prof.) Kindiki): Proceed, Sen. Shiyonga.

Order, Senator! You know what to do. In future, if your microphone is not working, you can try the Dispatch Box. You can proceed.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to support this Bill. I applaud the Senator of Busia County, Sen. Amos Wako, for coming up with this Bill; a bill that is long awaited. I support this Bill because it realises the importance of values of our people and what is needed during this devolution era. The Bill comes when most of our people in different constituencies or counties are really struggling with how to implement various projects and programmes that are defined with millions of money. This Bill will enable our people in counties to standardise how well public participation is important to the people that are in need of knowing what is happening within their counties and constituencies. Mr. Deputy Speaker, Sir, there are so many projects, as I evaluated, that have been implemented haphazardly in a way that they are done in boardrooms. They even take trips abroad just to decide on what needs to be done in various counties. These standardised guidelines of public participation will allow our people in various counties to take part to decide through their views on the priority of what they want to do, at what time and who takes the lead. This has been so much, in the various years that we have lived, denied from our citizens. This Bill is going to enable our people participate lawfully and rightfully on what is meant for them. There is a medium of communication that has been elaborated in this Bill. The medium of communication is very important. These people will be enabled to follow this medium when they want to communicate. How best can they communicate and in which language? It will address how best they can participate especially for those people who want to participate but they do not know how best to communicate with the people who are implementing this Public Participation Bill. Mr. Deputy Speaker, Sir, devolution is a success. When this Bill is passed, it is going to enable our residents in various counties to give priority to what is of essence to them. Many a times, corruption has taken root in our counties because the truth has been hidden from the people to whom these projects are implemented. It is the right time whereby the circuit of corruption can be disbanded when people take part in what is right for them. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I rise to join my colleagues in supporting this Bill. This is a Bill which would have actually come at the beginning of the first term of the Senate. Nonetheless, we can rescue a lot of things. Mr. Deputy Speaker, Sir, public participation is a right of the people of Kenya according to the Constitution. In the last four and a half years, public participation for those of us who were outside this House was handled in a manner that its benefits did not help its executors or participants. This is because there was no clear guideline to guide public participation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Kamar. Before I give the Floor to the next Senator to speak, Senator for Isiolo County and your delegation, I would like to draw your attention to Standing Order No.107. For your benefit and for the benefit of the other colleague Senators, it says as follows:- “Except when passing to and from his or her seat or when speaking, every Senator when in the Chamber shall be seated, and shall not at any time stand in any of the passages and gangways.” Especially, Sen. (Rev.) Naomi Waqo, I had reason to interrupt what you were doing. However, I indulged you because the leader of your delegation, being the Deputy Majority Leader, should have known where to conduct a caucus. I am sure she is not here. It is not in the passages and gangways. Proceed, Sen. (Dr.) Musuruve.

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to add my voice to this important Bill. First, public participation is an integral part in leadership. We cannot avoid public participation because it is the centre that holds the leaders and their constituents. The Bill is coming at the right time when we have been told many times and even when the President talked about commitment to serve and therefore public participation comes in. When we went to Kakamega to meet the governors, the core issue was that Senators work with governors for the purposes of helping the people in our counties. We cannot help people in the counties without public participation. This Bill is quite timely and it has a strong backing of the Constitution. Our Constitution reminds us clearly in Article 1(1) that sovereign power belongs to the people of this country. When we allow people to participate in the projects that we want to do for them, we will be taking leadership to them and we will be doing as the Constitution demands; that power belongs to the people. When we allow them to participate, in essence we will be acknowledging that they are the owners of this country and we will be giving them the strength that they deserve constitutionally. The Constitution says clearly that in exercising their power, the people can do it through their leaders as we represent them here and they can also do it directly through public participation. Public participation allows us to do what the Constitution demands by allowing people to participate in the things that involve them. In essence, public participation acts as a contract. As leaders, we are telling people we are ready to listen to them. When we allow them to participate, we will be giving them an ear and that is what our people want. As we lead people in this country, they want to see us listening to them. They only need to tell us what they need and the problems they have. They want to be part of solving the problem. Once we give them an ear, we keep them informed on pertinent issues that they may not know. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you Sen. (Dr.) Musuruve. Next is Sen. (Eng.) Hargura.

Thank you, Mr. Deputy Speaker, Sir. I join my colleagues in commending Sen. Wako for coming up with this Bill. If you look at the Constitution of Kenya 2010, one of the main clear benefits we got, as country, is devolution. If you look at Article 174 on devolution, which is also quoted in this Bill, it states that one of the objects of devolution is:- “to give powers of self-governance to the people and enhance the participation of the people in the exercise of the powers of the State and in making decisions affecting them;” That is one reason why Kenyans came up with the new Constitution. This is to ensure that the resources which have been distributed from the centre are decentralized to the counties, where the citizens will make decisions on how those resources will be used to their benefit. For that to happen, you must have the necessary structures. Mr. Deputy Speaker, Sir, the County Governments Act clearly states the levels of service delivery where you have the sub-county, the wards even up to the village. That will set up the structures which the county government will use to engage the public in coming up with the necessary modes of engagement. In doing so, the public can get information early enough, digest it and consult at their own level. When the authority – in this case the County Government, the County Executive or County Assembly – will be going round conducting public participation, the public already knows what is there and they would have sat at their level, even if it is in the village. Unfortunately five years down the line, there are some counties – mine included – who have not established the village units. That already disadvantages the residents at that level, because they will not have access to government services in terms of having government representatives like the ward or village administrators and councils. It is through these representatives that they can deliberate, beforehand, what their priorities are. By the time they are required to participate, they would already have discussed their priorities and, that way, they will make meaningful contribution, even if it is the preparation of the County Integrated Development Plan (CIDP), which is a document that the county government has to adhere to during its five year term. This will help counties not to implement projects outside the CIDP. However, if the CIDPs are not developed through consultation, then we have a situation where we are forcing the public to take projects which are developed elsewhere. It is very important to have an Act or legislation on this, so that the public servants are given direction and a framework under which they should operate. They should understand what public participation is. This Bill defines the objects which are very clear and noble. It also has the guiding principle. It has not limited it to a particular institution, but given the institution room to make its own regulations. This is a law that we need to pass so that the county governments can adopt and come up with their specific 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 allowing me to contribute to this important Bill. This Bill is derived from the provisions of our own Constitution. To allow people to participate in the decision making processes of Government is to actualize the supremacy of the people of Kenya as envisaged in the Constitution. The Constitution has given them a right to say what they want, how the budgets are to be used and in what areas and priorities. I believe that this Bill will bring out the aspect of the public coming out to say” no” to one thing and “yes” to another. Sometimes, we end up having upcoming projects which are dictated and imposed upon the people, funds being misused and the people are not aware. Mr. Speaker, Sir, this Bill will bring out the actualization of these provisions to ensure that we involve them in democratic processes of choosing what they want and how they want it done. This Constitution realizes that people have a say in what is happening through their elected representatives in Parliament and in county assemblies. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me a chance to also contribute to this very important Bill. From the outset, I commend the Mover for his brilliant thoughts about the community and the importance of bringing the Constitution, which many Kenyans passed, to life. There was a time when projects were designed and monitored by the central Government and some sections of this country were given projects that were not benefitting them. Therefore, the Constitution brought the new perspective of how citizens can contribute to the decision making on what projects benefitted them. This is, therefore, a very important Bill to ensure that the principle of public participation in the Constitution is implemented. Madam Temporary Speaker, this Bill also empowers citizens to own, audit and appreciate the monies that are allocated to these projects. There was a time when citizens were just given projects. However, when one looked at those projects, they were not for the benefit of the majority in that community, ward or county and, therefore, not a priority. One would, therefore, get citizens not using those projects, and that is what normally happens even in many of these big projects that are done by international organisations, Non-Governmental Organisations (NGOs) and also some by the Government. They are then baptised as “an AMREF toilet” or “an AMREF bathroom” or “this is a government school.”This is because they are not benefitting the people, since The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for the opportunity to contribute to this Bill sponsored by the Busia County Senator, Attorney-General

, Sen. Amos Wako. This Bill is timely. It is actually long overdue and it is something that we need to pass very fast so that the contents of this Bill can start being implemented. It addresses one of the basic principles of democracy which is governance with the people. Through this public participation, every governance programme will be in the interest of the people. Public participation is also one of the national values as indicated in the Constitution. This Bill sponsored by Sen. Amos Wako provides guiding principles for public participation. It is not just walking into the local social hall with any interested market people and deciding that this is what we are going to discuss. Whatever is going to be discussed is presented at the meeting. People do not come to those meetings aware of what they are going to participate in. This Bill also determines the authority responsible. There have been many questions asked, for example, who is responsible for public participation? Is it the governor, donor partners, county assembly or the Senator for the County? Who is in charge of oversight? Who exactly has the authority to convene these public participation meetings? With this Bill, it is clear on who should be responsible for convening these public participation sessions. The authority that will be put in place will also follow certain guidelines. I am sure there will be rules and regulations that will follow from this Bill. This Bill also tells us about management of feedback from the people. From the information the people have given us at public participation, what follows next? How do we compile all these contributions from people and incorporate them in the final document? How do they get back the information that we have compiled? As the people responsible for governance, how do we report back on the issues that the people raised so that they are aware that whatever they have raised has been included? There are various forms of relaying this feedback. We can relay this feedback electronically through various digital media. We can also relay this feedback through the various county government structures from the constituency to the village level. This Bill is timely, and it also gives us the public participation programme so that we are aware. As we walk into these public participation sessions, what is going to be discussed? Do we need to consult on the issues that are going to be brought to us by the concerned parties? The reports that will emanate from these public participation exercises will also act as legal instruments. Therefore, if you are an aggrieved party or any member of the public, through those reports from the public participation process, you can go to court and use them as legal instruments to argue your case. This will hold governors, the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you. Proceed, Sen. Halake.

Thank you, Madam Temporary Speaker. I rise to support this Bill, but before I do so, kindly allow me to send my message of condolence to the families of the people that perished in the Gikomba Market inferno. I know that we lost 17 people this week while we were on recess. I also know that many Senators have sent messages of condolence through different formats and media, including talking directly to the bereaved families. However, on behalf of my family, the people of Isiolo County, the people of the Kenya African National Union (KANU) Party and on my own behalf, I would like to send my heartfelt condolences to the bereaved families. We stand with them in prayers as well as in rebuilding their lives. Madam Temporary Speaker, I know that whenever we have had these kinds of tragedies, we have discussed this issue a lot of times in this House. I came in a little late and I am not sure whether this was the case today. However, with that said, as we mourn, I would like to say that these are lives that were lost and livelihoods that were wiped out. Therefore, I send them my heartfelt condolences. We stand with them as they rebuild their lives and we will look at different ways in which these recurrent and perennial fires in Gikomba Market can be dealt with, going forward. Going back to the Bill, please allow me to congratulate senior Senator Amos Wako, our former Attorney-General Emeritus, who has come up with this very timely Bill. I am not going to talk about the merits of public participation and this Bill, because they have been enumerated over and over again very ably and articulately by all the Senators who have spoken. Once again, as a law maker, the Senator has done justice to this Bill because it ticks every box; from giving effect to about ten constitutional articles, to making sure that different authorities come up with regulations that are specific and relevant to them. That said, Madam Temporary Speaker, this country – I do not want to say is “notorious” – but it is very well known for its articulation of issues and for its beautiful documentation and legislation. However, the devil is in the implementation of these provisions of our legislation. This country has the best laws on earth of any country, but the issue is not necessarily how beautiful these laws are; it is how we will implement them. I am just looking at some of the provisions within this Bill. Of course, the Bill lends itself and gives effect to Articles 1, 10, 35 and so on of the Constitution; they are many provisions. However, the issue of implementation is still a big question. The Bill in its objects says that Parliament is to provide a general framework for effective public participation and to give effect to the Constitution. Have we defined what The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for according me this opportunity to make my contribution on this important Bill on public participation. The importance of public participation is well highlighted in this particular Bill and I do not want to repeat. However, the greatest challenge comes in the process of implementation and evaluation of the processes and so forth. I would like to say something, though it was touched on by Sen. Halake, on Clause 5(1) which states that- “The entities specified under subsection (2) shall in the carrying out of its mandate under this Act, develop guidelines for the conduct of public participation.” Many authorities have been mentioned including Parliament and the Judiciary but I did not get well the specific department that will develop particular guidelines and take the responsibility of formulating or coming up with policies, do research and establish gaps. My suggestion is that when we look at county governments, for example, to make this particular activity important, there should be a well-established department within the mandate of a particular County Executive Committee (CEC) member in the county that is fully responsible for carrying out the public participation process and the department should have personnel with specific qualifications on the issues concerning public participation. This department should have specified personnel with communication skills, effective research and analysis techniques to monitor, report back and take the responsibility for the success of the public participation. Otherwise, anybody can be asked within any Government agency to conduct public participation. What is happening in our counties is that we pick on anybody. It should be so structured that when we have The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator. Sen. Cherargei.

Thank you Madam Temporary Speaker. From the outset, I know that this is a Bill that has been proposed by one of my Committee Members on Justice, Legal Affairs and Human Rights. I wish to congratulate the Attorney General Emeritus, the great Senator for Busia County, Sen. Amos Wako. This Bill is very important because the greatest gift that the Constitution has given to this country is public participation. In the spirit of Article 10 of the Constitution, on national values and principles of good governance, it is very important to note that public participation and exercise of democratic principles within any governance institutions or private organisations has been given a breath of life by the Public Participation Bill, 2018. Kenyans should know from now onwards that public participation is not a privilege but a constitutional right and it should not be given like medicine or measured. In future, public participation should be a basic right for any citizen in this country because this is one of the gains of this Constitution. I have seen many counties conducting public participation as if it is an afterthought or any other business but when this Bill is enacted into law, it will assist the citizens to have a right of recourse whenever they are engaging both the public and private institutions concerning matters that are of public interest. I agree and thank the mover, Sen. Wako, and also tell him that as a Committee, we are proudly associated with this Bill for we know that it will change the way we do things in this country. The demonstrations in Turkana over the issue of oil arose because people felt that they were never involved. They want to know how the oil is going 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.

(Sen. (Prof.) Kamar: Order, Hon. Cherargei. You will have a balance of four minutes when the debate on this Bill resumes tomorrow. 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.) Kamar: Hon. Senators, it is now 6.30 p.m., the time to interrupt the business of the Senate. The House, therefore, stands adjourned until Wednesday 4th July, 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.