Thank you, Mr. Speaker, Sir. I beg to lay the following Papers on the Table of the Senate today, Wednesday 4th July, 2018 REPORT ON FINANCIAL STATEMENT OF SRC Report of the Salaries and Remuneration Commission on the Financial Statements for the year 2016/2017. REPORT ON FINANCIAL STATEMENT OF CAJ Report of the Commission on Administrative Justice on the Financial Statements for the year 2016/2017. REPORT OF CRA ON SECOND REVENUE SHARING CRITERIA FOR MARGINALIZED AREAS Report of the Commission on Revenue Allocation on the Second Policy and Criteria for sharing Revenue among Marginalized areas.

Please proceed, Sen. Mwaura.

Mr. Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Wednesday 4th July, 2018: 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 cannot see the Chairperson Standing Committee on Agriculture, Livestock and Fisheries. Let us proceed to the next Order. Is there any other Member of the Committee available? Next Order.

Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House notes the Report of the Senate Delegation to the African Parliamentarians’ Network Against Corruption (APNAC) Conference held in Ghana from 17th – 18th March, 2018, laid on the Table of the House on Wednesday, 4th July, 2018. ADOPTION OF REPORT ON WOMEN POLITICAL LEADERS ANNUAL GLOBAL SUMMIT

Mr. Speaker, Sir, Mr. Speaker, Sir, I beg to give notice of the following Motion:- THAT, this Senate notes the Report of the Senate Delegation to the Women Political Leaders Annual Global Summit held in Vilnius, Lithuania from 6th - 8th June, 2018, laid on the Table of the House on Thursday, 21st June, 2018.

Mr. Speaker, Sir, I thank you for this opportunity. I rise pursuant to Standing Order 46 (2) (a) to make a statement on an issue of general topical concern; the pathetic state of the Kapsabet - Chavakali Road. Mr. Speaker, Sir, it is a fact that major transport infrastructure is normally a gateway to basic social amenities and infrastructure such as education institutions, government offices, hospitals, markets, industries, among others. The Kapsabet - Chavakali road is no exception. It serves two counties; Vihiga and Nandi County and further as a connection to Uasin Gishu, Kakamega and Kisumu The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to concur with the statement issued by the Senator for Vihiga County that it is important for that road to be carpeted. I assure him that the Jubilee administration is not discriminatory. The Jubilee administration gives development to each and every corner of this country. I am sure that the distinguished Senator for Vihiga County will agree with me that no other administration has been able to do the kind of projects that we have done without looking at the voting patterns. Mr. Speaker, Sir, in the same vein, if you look at the Kakamega-Kisumu Road, which passes through the same area, it has opened up that area. It is evident that if this road was to be tarmacked, it would spur economic growth. This is an area that has got rich agricultural potential, especially Mudete. This is an area that will also spur various job opportunities. Vihiga is a very strategic county because of even the granite production. This is something that would bring a lot of money, yet there are problems there because the middlemen come in between and swindle the local miners and producers of the raw materials. Part of the reason is accessibility of roads. Mr. Speaker, Sir, in the same vein, as I conclude, we need to look at the cost of construction of a road per kilometre. The costs continue to escalate and a good example is the Dongo Kundu Road; an 11 kilometres stretch that will cost Kshs10 billion. Is that really feasible? Does it mean that construction of one kilometre costs Kshs1 billion? We have to look at how we cost these roads. Some of the roads are constructed today and then tomorrow, you will find potholes. We have people who are doing very substandard and shoddy jobs. I went through the Ndumbuini-Waiyaki Way Road and was surprised that the road, which was tarmacked two years ago, is now full of potholes. We are giving Kenyans a raw deal. Just recently, we saw some people contracted by the Governor of Nairobi County repairing roads. Let us not cheat Kenyans when constructing roads. Some tarmac is put to hoodwink the people and then the road is painted in yellow and white colours. We need to build roads to last; not build to repair, so that next time you have a road maintenance contract. In this way, we will save for the future generations. However, road construction in this country has become a big time business for big cowboys and cowgirls, in the interest of gender equality, and we need to challenge that. However, I 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 take this opportunity to congratulate my colleague, the Senator for Vihiga County, for bringing this Statement on the state of the Chavakali-Kapsabet Road. The state of that road speaks volumes about the state of many other roads in this country. One of the things that this House may want to deal with is the cost of doing the roads in this country, which has been deliberately exaggerated. One kilometre of a standard road would cost more than Kshs80 million. Therefore, if we are supposed to do 10,000 kilometres of roads across the country, how much money do we need and how long will it take for us to do those works? Mr. Speaker, Sir, apart from the cost of doing the roads, there is the issue of the quality of work once those tenders to do the roads are issued. The Chavakali-Kapsabet Road is a reflection of the state of many roads, which should be national roads. The problem is that decisions on the construction of those roads have to be made in Nairobi. The tenders are then issued and opened in Nairobi, and the contractors are supposed move to the ground to do these works. This has got to change. The tussle between the national Government and the county governments on the classification of roads must come to an end, so that roads that serve and connect counties – the roads that are major networks and means of communication for people in the counties and inter-counties – be left under the county governments. The counties should then be properly funded to conduct road works in their areas. Mr. Speaker, Sir, I support the Statement.

Proceed, Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir, for this opportunity. I thank Sen. Khaniri for his usual industry. I wanted him to confirm the word “ tangatanga ” because I am not aware that the word “ tanga tanga ” has now become a matter of public notoriety. I also heard Sen. Mwaura say that Jubilee is divided into “ tanga tanga team” and “Team Kieleweke .” There is a grey area that they need to clarify.

On the matter of roads – my Chairman of the Standing Committee on Finance and Budget is seated here – we had a challenge with this current budget because the counties were supposed to receive up to Kshs9 billion for county roads, which is equivalent to 20 per cent of the amount that they are supposed to be given. In fact, 33,000 kilometres are supposed to be paved by county governments. I hope that the Standing Committee on Roads and Transportation, led by Sen. Wamatangi, will interrogate this matter of roads. Mr. Speaker, Sir, I want to disclose why I thanked Sen. Khaniri. When I was elected, I requested for a statement on the Mbooni-Tawa Road. It is after the statement was brought here that the tarmac road was completed. One of the Senators raised 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.

Proceed, Sen. (Prof.) Ekal.

Thank you, Mr. Speaker, Sir, for giving me this chance to also say a bit on this particular topic which is very important. As the hon. Senators have said, this is an issue that affects the entire country. The roads are in bad shape and, as you know, a number of roads in Nairobi are in bad shape and travelling is very difficult. People are always late to go to places they want to go to because the roads cannot be traversed in a short time. This is costing Kenya billions of shillings every day because a lot of fuel is spent on the roads as vehicles are stuck in traffic. This is also bad for the environment because we are pumping all those hydrocarbons, including carbon monoxide and carbon dioxide into the atmosphere, which is not healthy for our citizens. So, something must be done about the roads in Kenya. I would like to point out the very major highway between Kitale and Nadapal, which is in a state of disrepair. It needs repairing, especially the section between Kainuk and Lokichar. We are talking about transporting oil out of Turkana, but if the roads are bad, how will those trucks traverse from Lokichar to Kitale and on to Mombasa? The roads need to be taken care of such that these trucks can move. The road between Lokichar and Kainuk is a sham. You wonder what is going on there. The road is being painted and we are told that it is being tarmacked. Such a road cannot last two weeks before we have big potholes, which will impede the transportation of oil from Lokichar to Mombasa. At the same time, the bridge across the Turkwel River is in terrible shape. It needs to be fixed permanently if those trucks are going to get oil out of Turkana. So, when you look at these things, you wonder whose job it is to make sure that the roads of Kenya are able to support the vehicles and are in good shape. I am calling upon the Government to make sure that our roads are in good shape so that we smoothly transport our goods and save Kenya a lot of billions of shillings spend on repairing them. We want to live in a clean environment.

Hon. Senators, I want to make a correction. The Whip did say that we scrapped Statements. The Committee on Procedure and Rules is handling the matter The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I rise pursuant to Standing Order No.46(2)(a) to make a Statement on a county issue regarding numerous cases of defilement and insecurity in Kisumu County. The security situation in Kisumu County has deteriorated so much in the recent past. There are very many incidents of robbery, burglary, homicides and assault, defilements and even killings. Most of these incidents were reported during and after the 2017 General Elections. What is worrying regarding these spiraling incidents of insecurity is the trend it has taken of defilement of children. Incidents of defilement in Kisumu County have increased significantly over the past few years. Many parents and guardians alike feel that their children are no longer safe in any place, be it at home, school, churches where they are likely to stray from the watchful eyes of their minders. The safety of the children is so worrying because they are at any given time vulnerable to defilement by strangers and persons who may either be their own fathers, neighbours or close relatives. Mr. Speaker, Sir, children are the building blocks of any nation, therefore, the development of future generations squarely lies with them. The issue of defilement in Kisumu County is eating at the very moral fabric of the society. Hardly a week passes without having to hear that a child has been defiled. Most of these cases go unreported because the victims’ parents or guardians opt to settle the case at home, to the detriment of the child. On the other hand, cases that get reported drag on for so long in the courts of law. Investigations into these cases always take too long to complete. In most cases, the investigations are done shoddily resulting into very few convictions. Poor response by police to distress calls, lack of confidentiality in handling cases, loss of investigation files and intimidation of witnesses have impacted negatively on the fight against the vice. Mr. Speaker, Sir, I, therefore, bring this matter to the attention of the Senate and urge the relevant Government agencies to come up with measures that will ensure that security of the residents of Kisumu County is restored and stop the rising cases of defilement. Where such cases happen, out of court settlement happens. Out of court settlements should be discouraged with a view to having the perpetrators brought to book. Mr. Speaker, Sir, I would like to add a few comments on the said subject. It is very unfortunate that the issue of insecurity is not just found in Kisumu County; it is prevalent all over the Nation. A week does not pass without a report being made on either rape, defilement or any form of robbery upon the citizens of this country. We all know very well that security is not a devolved function; it is still a national function for all of us. It is the national Government which should make sure that the citizens are taken care of and protected. Once a child is defiled, that child lives in trauma for the rest of their life. It becomes a stigma. It is very difficult for young people, children or any woman to get over defilement, rape or any form of attack meted on 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.

Mr. Speaker, Sir, I stand to support the Statement that has been made by Sen. Rose Nyamunga. One of the beauties of growing up, and I think this has been the case in many countries, is when you enjoy your childhood in a secured environment. You enjoy it, when you know you are valued by your country. The issue of sexual defilement and rape has become now an issue that cuts across gender. There is no gender that is safe; both young boys and girls are at risk of being defiled. Despite the various laws that are meant to protect them from defilement and rape, we still have very high incidents, not only in Kisumu County, but in all the counties. The other day, I read in a newspaper where studies showed we are not safe in the churches, schools or houses. A lot of studies have been done on this subject matter. There is a lot of information about defilement and rape. It is a pity that defilement in the family is committed by people who are supposed to take care of our children. How can we expect them to participate in the development of this nation when they are traumatized? Many people now look at the youth as a lot that seems to be so disenfranchised from this particular society. Many times it is because of the situations that they have been in and the fact that they cannot come out openly and discuss what happens to them. Therefore, they have no other way of outlet. Instead, they look for social and psychological outlets that tend to be harmful. Some get into drugs and some fight with people because of these underlying problems within the society. In more developed countries, there is profiling of people and the deoxyribonucleic acid (DNA) is taken. Therefore, at any one time somebody’s DNA is there and any criminal record can quickly be traced. Pedophiles are kept away from the society. In Kenya, we open our gates to them to come as tourists. Sometimes, because there is not enough strictness, we find our young girls and boys suffering from this. We have to find a way to address it. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us have Sen. Cheruiyot.

Mr. Speaker, Sir, I support the Statement by my good neighbour, Sen. Rose Nyamunga. This is because the people that I represent have also fallen victim to the inefficiencies and the lackluster manner that county security teams of both our counties – that is the county that she comes from and the county that I represent – have handled matters security. Border disputes and issues of cattle rustling are top on my mind as well as the issues that have been raised by our colleague. The response from the security team in terms of apprehending the suspects and making sure that they are brought to book has been wanting. It baffles my mind as a leader. What else are the citizenry that we represent supposed to do? Any self-respecting government should prioritize security of its citizens at the top of its agenda. Young girls and children who go to school, church and market are not assured of their security. The people who commit atrocities against innocent children are known yet for some certain mystery, the security forces do not seem to be concerned about this issue. It baffles us as leaders. Therefore I join my colleague in questioning the overall responsibility that lies perhaps with the Minister or the Head of State because that is their primary and cardinal duty. The Constitution that they swore to uphold provides that they shall always ensure that they defend the rights of their citizens. The counties of Kericho and Kisumu share an extremely long border. In the past few days, our good neighbourly relationship has been tested to the ends of the elastic limits because of the inefficiencies of the security team. You will find cattle rustlers taking advantage of that or perhaps it may not even be a case of taking advantage. I think they collude with thugs and criminals that execute such kind of heinous behaviour. Each and every time a report is made, we receive messages on our phones as leaders that there has been a raid in such and such village at the shared boundaries. When you call 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.

Let us now hear from the Senate Majority Leader, Sen. Murkomen.

Mr. Speaker, Sir, I congratulate Sen. Nyamunga for making a very important statement on defilement of our children. There is an erosion of values to the extent that most of our children are in danger from the very people that are expected to protect them. Reports of research, both by Non- Governmental Organizations (NGOs) and government bodies, indicate that the worst defilers are the people expected to protect the children. These are parents, guardians and teachers. In the old days, children were property of the community. Everybody had a responsibility to the children. That is why there is an old adage or saying that it takes a village to bring up a child. It is because of modernization, urbanization and general individualism that has gotten into our people and country that people are pursuing other things and nobody cares to look after the most vulnerable, including the children. There was a report aired on Citizen Television about how children are abducted, sold and trafficked to other countries in the world in the name of adoption. There are vultures particularly in slums like Kibera, Mukuru kwa Njenga and Mathare. There are rich people who have networks there ready to pounce on children that have been born. They steal them even when their mothers are still recovering from child birth and sell them in the name of being abandoned. There is a problem. Sen. Nyamunga has mentioned something important about the role of the police and people who arrest. However, it should go deeper than that. The Children Act should be implemented. Children should be protected from acts of defilement and violence meted out to them by parents and teachers. We need something bigger than that. I challenge Sen. Nyamunga, because it is something she is thinking through, to go further than that. If possible, we should use one of our standing committees or a select committee that will come up with more comprehensive ways of dealing with this matter. They can also come up with mechanisms within which our children can report such acts and spell out the punishment to be meted upon the perpetuators. 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, allow me to congratulate Sen. Nyamunga for bringing up this matter. In her opening remarks, she talked about defilement of children in Kisumu County. However, this is not a problem that is unique to Kisumu County. This is because even in Homa Bay County, when we got statistics from the Ministry of Education, we found that my county was leading in cases of defilement of pupils by teachers. That is not something that I am proud of, as a representative or leader of the delegation of Homa Bay County. Mr, Speaker, Sir, this is a problem that afflicts the rich and the poor. However, the poor are afflicted to a greater degree because they do not have the capacity to follow up on the issues of defilement and to see to it that they are resolved properly. It is only the other day in Kisumu County, where Sen. Nyamunga comes from, where a lady was jailed for 15 years for having a liaison with an underage boy. Mr. Speaker Sir, we have the Sexual Offences Act, which was passed by Parliament. However, when it comes to the defilement of children, it goes beyond a sexual offence. In fact, we need not to call it a sexual offence. Paedophilia must be called for what it is; it is not a sexual offence and it is tantamount to murder. This is because we are killing the future of these children; we are leaving them with trauma, scars and, in the process, we are shattering their future. Sometimes, when men talk about these things, we speak as if we do not know who are defiling these children; particularly the young girls, who are defiled by average men. There have also been cases of boys who are defiled by average women. These are not things that are done by people from Mars or from another planet; these are done by us. Finally, Mr. Speaker Sir, the Senator talks of involving the counties in policing and enforcement of law and order. The county policing authorities are established by law. We must ask questions why these authorities have not been given effect across the 47 counties. It is not something that we have invented as a Senate; it is something that is grounded in law. This calls for us, as the Senate, to ensure that we revive the Implementation Committee, because there are a million things that this House has talked about, but we do not seem to follow them up to their logical conclusion. If we revive or activate the county policing authorities, even Governors will be involved in issues of law and order, and they will not just leave it to the County Commissioners, chiefs and the parallel national Government structures. I wish that Sen. Nyamunga could bring a substantive Motion on this matter so that we can save our boys and girls and ensure that we have a bright future 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.

Hon. Senators, this statement has attracted a lot of interest. I would, therefore, limit the time to three minutes. Proceed, Sen. Farhiya.

Thank you, Mr. Speaker, Sir. I am sad because you have reduced the time when I am just about to speak, because I had a lot to say about this issue. Mr. Speaker, Sir, allow me to thank Sen. Nyamunga for bringing this Statement, because it is an issue that affects all counties, including my county of Wajir. Another issue that people do not treat as defilement is early marriages; where small, underage girls are being married off instead of going to school. I see that as defilement as well. Mr. Speaker, Sir, there is also the issue of girls being defiled in schools. Recent examples include that one of Ngara Girls High School, which was happening yesterday; and the case of Moi Girls High School, Nairobi. The Government should take care of our girls so that the schools become safe havens instead of a threat for them. Mr. Speaker, Sir, due to the trauma related to rape, the girls’ lives are changed forever and for worse after a rape incident. Therefore, this is not an issue that we should take lightly. Owing to the stigma related to rape and defilement, victims do not even report these incidents because of fear of being exposed to the public. These are issues that are pertinent to women. Even in insecure areas like where I come from, where there are tribal clashes and other related incidents, the most affected victims are women. Therefore, there is need for sufficient laws to protect women. Mr. Speaker, Sir, I think the fabric of this society is rotten. If you look back to the olden days, the security situation was even worse off, yet the cases of rape were far much less than they are today. Women are even raped in police stations, leave alone anywhere else. Where will they feel secure in this environment we live in?

Your time is up, Sen. Farhiya. Proceed, Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir.

Mr. Speaker, Sir, I want to suggest a solution because we have limited time. The police force has a special force called the Tourism Police. Similarly, there is a special police force that protects diplomats. I am proposing that every police station in Kenya sets up a special desk to deal with matters of defilement of children. Mr. Speaker, Sir, I am persuaded that the police and the provincial administration are complicit in this crime. In Makueni County, we are dealing with a girl who was defiled by 21 men. The police were responsible for hiding part of the crime and caused 15 of the offenders to disappear. In some cases, like in Kilome, it is the police who told the girls to go and shower so as to get clean and then go back, therefore interfering with evidence. This matter, therefore, cannot be discussed the way we are discussing it. There should be something a little more drastic. We must form a special police force trained to deal with the collection of evidence and dealing with these paedophiles. In my own village in Mbooni, this has become like a trend; it has become fashionable. In some places and schools in Makueni, teachers are competing on how many of them 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.

Thank you, Mr. Speaker, Sir. I also rise to support the statement by Sen. Nyamunga, which is very timely. What we see going on in the country about the defilement of children is very sad. Sometimes I even wonder whether the number of these cases is rising, or whether these cases were not being reported in the past and it is happening more now. However, there is clearly a problem. Mr. Speaker, Sir, I support what Sen. Mutula Kilonzo Jnr. has talked about with regard to setting up a special desk. This is because most of the times, it feels as if the police officers in police stations are not well trained; or are not sensitive enough to the needs of the victims once they come in to report these crimes. I propose that we should extend this a bit so that it is not only about the defilement of children, but also sexual assault in general. There should be special police officers who have had some sensitivity training on how to deal with these victims because stereotyping and victimization of the victims keeps on happening over and over again. We have also heard of communities where the elders sit down and talk about the offenses for the perpetrators not to be prosecuted and that should not happen in modern day Kenya. It should be outdated and no community should get away with that. Defilement of children is evil for it destroys the life of these children from the beginning to the end of their lives. People talk about having these men castrated - on a light note - but this is probably what needs to be done because one should not be allowed to defile a child and get away with it. We need to get serious about sexual offenses and I agree that it should not just be a regular sex offense; we can have it as aggravated sexual offenses. This should not be encouraged and it must be punished. These people must also be prosecuted, found guilty and punished for there to be deterrence of these cases. In many cases, we have seen these people being arrested and the case drags for years to a point where the victims get tired and, in the process fail to show up. Then the cases are dismissed and you have these men walking around. This should be a crime that is taken very seriously and a maximum sentence should be given for us to stop this from happening.

In the interest of time, I will have one speaker from both sides.

Thank you, Mr. Speaker, Sir. This is a very important Statement and I thank Sen. Nyamunga for bringing it to our attention. Clause 141 of the Children Act has given us a full array of what must happen at every single circumstance, whether it is defilement, misbehavior or sexual offense. There is a full chapter that expresses itself on the issues relating to child abuse and child defilement. The moral standard of our nation must stand revised because previously, children were the custodian of a community or society. If we let them be defiled, we are actually building a future of people who are going to be very hostile to each other. As a nation, we have a moral duty to do something about it. Those of us who read the Bible - I am sure that this information is also there in the Quran - know that Proverbs 22:6 says that 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, for giving me the opportunity to contribute to this important Statement by Sen. Nyamunga. I also want to congratulate her for highlighting this issue. This is a national shame. As we sit here and give suggestions on having special police officers, we should have in mind that there are people who do not want to go to the police because these issues are very personal. Therefore, as a House, we may want to look at other ways in which we could support our children without taking them to the police. In 2016, there were 6,000 cases that were reported as child defilement in the courts. In 2014 or thereabout, there were 7,000 cases yet these are just the few reported cases for there are so many other cases that are not reported because of the nature of these things. As the Senators ahead of me have said, this issue is more of a crime and it should actually attract worse punishment yet the punishment does not seem to work. There is a judge who recently revised the judgment where a school teacher by the name Khaemba was accused of defiling a child. He increased the number of years that had been given in a lower court from 30 years in jail to life imprisonment. He said that the duration given was too little. I would like to congratulate that judge though I do not know his name.

Yes, he was Judge George Kanyi Kimondo. I think that we should applaud him for his stand on this and all the other people who have understood the gravity of this vice in our society. Right now, we cannot entrust our children in the schools or even religious institutions such as the church yet we have the punishment of 30 years in jail or life imprisonment as the judge meted upon the teacher. Last year alone, Non-Governmental Organizations (NGO) recorded 2,000 cases of defiled children who were going through psychotherapy. This is not even the hospital or the police statistics but people who go to NGO’s. Can you imagine how many more are out there and how many more need help? I would encourage Sen. Nyamunga to move a Motion that compels not just for police action because sometimes the police action happens after---

Order Member. You need to condense your thought process. 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. Pursuant to Standing Order No. 46(2)(a), I rise to make a Statement on the prevailing insecurity situation in Isiolo County and to state that- (1) The County has been affected by inter-communal disputes and violence over boundaries, land and grazing rights and cattle rustling has been a major feature of that violence.

Hon. Senators, let us consult in low tones.

Mr. Speaker, Sir, if I may proceed. (2) The County also experiences violent disputes over land and grazing rights with neighboring counties of Samburu, Marsabit and Wajir. (3) Land adjudication at the Isiolo Meru border has also led to violent clashes between communities. (4) Several people have died as a result of inter-communal violence in Isiolo in the last six months. (5) State security organs have responded to the violence by burning homes and through other acts of communal punishment which has resulted in more civilian casualties and the death of one police officer. (6) As a result, learning in schools in the affected areas has been paralysed as schools have been closed for close to two weeks. I, therefore, implore the national Government to:- (1) Uphold the right and fundamental freedom enshrined in the Bill or Rights particularly Article 28 and 29 of the Constitution of Kenya 2010 on human dignity, security of the person in its legitimate quest to maintain security and order in affected areas. (2) Uphold the principles of national security enshrined in Article 238 of the Constitution, especially the principle of legality and respect for the rule of law, democracy, human rights and fundamental freedoms. (3) Resist any urge for rush retaliatory measures and communal punishment against entire communities. (4) Ensure that persons breaking the law and threatening lives are dealt with in accordance with the law. (5) Urgently guarantee the security of schools in affected areas in order to ensure resumption of learning ahead of national examinations at the end of the year. (6) Explore and encourage alternative ways of dispute resolution in the affected areas such as traditional and inter-community dispute resolution mechanisms in order to open channels of inter-community dialogue. 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, I have a brief Communication to make. I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Ulilinzi High School, Makueni 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.

Mr. Speaker, Sir, I was waiting for the Senator for Makueni to arrive. On behalf of the Senate and the leadership of both sides of the House, I welcome the students from Makueni County. They should continue to work hard and emulate their Senator, who is eloquent and passionate about matters of Makueni County and the Republic of Kenya. I wanted to welcome them on behalf of Sen. Mutula Kilonzo Jnr., but now that he has walked in, he can do the necessary. Thank you.

Mr. Speaker, Sir, I hope you read it right. It is Ulilinzi Secondary School in Kibwezi West, which is the furthest part of Masongaleni in The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I will allow a few comments on Sen. Dullo’s Statement. Sen. Wambua Enock and Sen. (Dr.) Langat had indicated earlier that they wanted to contribute. You look shocked. Let us have Sen. Halake.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to contribute to Sen. Dullo’s Statement. We must find a lasting solution to the issue of insecurity in Isiolo County and Northern Kenya in general. We have seen communities fight each other. Again, issues of small arms within our communities and disarmament, boundaries and resource constraints that lead our people to different borders in search of pastures and water, is causing quite a lot of discontent and insecurity in Isiolo and surrounding areas. That said, there is need for leaders to genuinely and honestly look at their role in this. I had a meeting with the Deputy County Commissioner (DCC) a few weeks ago and he said that politicians are part of the problem. I do not know whether he was trying to throw me off this issue or make sure that we are not too much on his case. However, it is time for us, as leaders, to look at the role we have played in inflaming sensitivities and arming some of the communities that have lived in peace with each other for a long time. I was told that there is one former Member of Parliament (MP) whose animals are being guarded by illegal arms. I have asked for details and evidence on this, but I have not gotten it. However, where there is smoke, there is fire. Even as we demand for rights and freedoms and the standards that we expect of the Government, it should start with us. Recently, we have seen an increase in the number of small arms infiltrating the different communities that have lived peacefully with each other and grazed across the different landscapes and plains, for example, the Turkana, Samburu, Borana and Somali. This is causing a major security lapse and concern. When the county administrators say that we are the ones who are arming these people, then we must look in the mirror and find out what our role is in all this and how we can help. Until such a time when we will look at our role in this, as politicians, and make sure that we do the right thing by the law, we cannot expect somebody else to come from outside and solve these issues for us. There were issues around excessive force and use of firearms on innocent communities who were deemed to have attacked the police, but the criminals were not brought to book. It was the women and children who were left in the villages that were harassed, wounded and killed. It is unfair for the security forces to violate the rights of women, children and vulnerable people that are living peacefully in these villages. I 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 a chance to comment on this very timely Statement. Every time I hear our leaders say that Kenya is peaceful, but as I have said so many times, Kenya is not peaceful. Insecurity is so rampant that we wonder whether we are still in Kenya or in another country where insecurity problems are an everyday occurrence. Mr. Speaker, Sir, I have talked about the insecurities along the borders of Turkana and Pokot counties and Turkana and Baringo counties which have brought a lot of misery to our people. Many times I have urged the Inspector General of Police and the Ministry of Interior and National Coordination to do something about insecurity in those particular parts of the country. This morning I was at the Kenya Television Network (KTN) talking about security issues in Turkana County and the neighbouring counties. It seems that the Government is only interested in getting oil out of Turkana County. They are not interested in the security of Turkana people and their neighbours. I will keep on reminding them about security problems in that part of the country until they wake up and act. The case in Isiolo County, for example, is totally abominable. Cattle rustling has been going on for a long time among our communities. However, it is not fair to profile and single out one community as the main aggressor. Four tanks of police are stationed in Isiolo County and their work is to crush and flatten villages of that particular community. It is not only Turkana people who raid, but other communities also raid. In fact, our people are law abiding, but they always respond to an attack from outside. This time the attack was from outside, but they were targeted. As Sen. Halake said, there is also the use of tanks to flatten their villages. Innocent people are being killed. Further, the women and children in those villages are being terrorized by the police. That is not the way to solve problems. If they want to fight, let them fight with men who killed that particular police officer. To flatten villages and terrorize women and children is not manly at all. This is not something that is expected of the police. They are supposed to protect and not to kill. There was a time when we would say the police means “Utumishi kwa wote.” It is no longer the case today. If something bad happened, then let us deal with all the communities with equal measure of punishment. If that is what it takes to pacify the situtaion. However, when 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 a chance to also support this Statement by my sister from Isiolo County. It is not only in Isiolo County where we have security issues, but all over the country. Cattle rustling is rampant along our boundaries. In Kajiado County, for example, we have people stealing livestock and driving them to the neighbouring country. We have illegal businesses taking place along our boundaries. Security issues, especially along our boundaries, should be looked into seriously. It is true that the security apparatus response is very poor and needs to be looked into by the Ministry of Interior and Coordination of National Government. I listened to my colleagues talking about rape cases, defilement of young children and cattle rustling, among other issues of security and I felt it is a high time that this House, through the Committee on National Security, Defence, and Foreign Relations, summoned the Cabinet Secretary for Interior and Coordination of National Government to inform us what he is doing about insecurity in this country. We see him talking loudly and tough about sugar issues while the country is not safe. It is a high time that he puts his house in order. He needs to relook into the administration in our counties. Some county commissioners and other officers are engaging in illegal businesses. This is the reason why we have conflict of interest whereby when you report a case of livestock theft, it goes nowhere because many officers are involved.

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 cannot fight crime by violating human rights. What is happening in Isiolo County is unacceptable. It is a situation where there is collective or communal punishment for a crime committed by individuals. This has become the norm that every time our police officers feel that they have been wronged, or someone has committed an offence like in the case of Isiolo County where a police officer was killed, then the whole community pays the price. You would see mass movement of people, burning of houses, displacement, destruction of property and killing of domestic animals. That has to come to an end. Under our new Constitution, each one of us needs to be alive to the fact that human rights are very important. Further, presumption of innocence is an important principle in the Constitution. Sometimes, I shudder to imagine; even us who are lawyers, you see someone is accused of something, but we are the first ones to say that person should be punished or hanged or be locked in without bail. There was a difficult time recently amongst us lawyers where persons were denied bail on account of fighting corruption. What happened to the presumption of innocence and the fact that anyone who is accused is innocent until proven guilty? This is exactly what we have imported from our actions in our communities. In the Marakwet community, there was an old culture that still exists in a few areas. This is where if your relative back home was drinking busaa with someone else and they have a fight and maybe he kills the person, they would come and destroy all the property in my home regardless of the fact that I am busy here working in this Chamber. They would go and pursue the relatives of the person to revenge by killing them. That practice must come to an end. Our police forces cannot be perpetuators of that kind of barbaric act. Mr. Deputy Speaker, Sir, this nation is under a new Constitution, new rules and new ways of doing things. We have an Inspector-General (IG) of police who, in my honest estimation, is a very well educated, reasonable and sober man. Together with his deputies, they should now put in place a proper curriculum that will ensure that, in law enforcement, our police at the local level will be police officers and not the police force; because that was the transformation we wanted in our new Constitution. Mr. Deputy Speaker, Sir, there is also a presumption, particularly in pastoralist areas, that every person is a criminal unless he proves himself otherwise. The respect for human rights--- If you see the Deputy Senate Majority Leader coming here with such a serious statement, it actually points to the gravity of the situation. This is because if it was something small, there is nothing which would have stopped Sen. Dullo –who is a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you. Hon. Senators, as you are aware, the Standing Orders do not anticipate further comments once a Statement of this nature has been given. I will, therefore, allow only Sen. (Dr.) Musuruve two minutes and then we move on to the last statement.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to also add my voice to the Statement that Sen. Dullo has brought to the Floor of the House. Mr. Deputy Speaker, Sir, this statement, just like the issue of security, is important. If people are insecure, we do not expect even the nation to be secure. Security is a constitutional right under Article 43, which speaks of economic and social rights. In fact, Article 43(e) states clearly that security is as social right while Article 43(f) also categorises education as a right. Mr. Deputy Speaker, Sir, the Senator has said clearly that there is closure of schools because of insecurity. This is very serious because, one, academic performance in North Eastern region is very poor. If the schools are closed, you can imagine that performance in that region will continue being poor and the standards will also plummet. There is, therefore, need for the Government to intervene and ensure that there is security in North Eastern region. Mr. Deputy Speaker, Sir, even though we are talking about insecurity as a result of cattle rustling and all that, we also have another form of insecurity of teachers that also affects students in schools. If students are affected and do not go to school, you can imagine them becoming idle. An idle mind is the Devils workshop. Therefore, our students should be active, especially when---

(Sen. (Prof.) Kindiki): Order, Senator. Your time is up.

Thank you, Mr. Deputy Speaker, Sir, for the opportunity.

(Sen. (Prof.) Kindiki): What is it, Sen. (Dr.) Langat? You are appearing and disappearing at the same time!

(Sen. (Prof.) Kindiki): Okay; you have two minutes and you will be the last one.

Thank you very much, Mr. Deputy Speaker, Sir. To address the issue of insecurity affecting some counties in the Northern and North Eastern parts of this country, it is important to understand the real causes of insecurity. The people who understand this better are the leaders from those particular counties. It is also important 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; I direct that the Statement that was to be issued by the Senator for Turkana County, Sen. (Prof.) Ekal, be deferred until Tuesday.

Next Order.

(Sen. (Prof.) Kindiki): Hon. Senators, I direct that for the time being, we stand down the following items of the Order Paper and we dispense with Order No. 15 as the first priority.

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

Thank you, Mr. Speaker, Sir. I beg to move the motion that the Kenya Roads Bill (National Assembly Bills No. 47 of 2017) be read a second time. When the new Constitution was passed, it heralded a new order of how we do things. It brought into place two levels of government; the national and county governments. Schedule Four of the Constitution divided functions between national and county governments. The Constitution also, in consequential clauses, provided that 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.

(Sen. (Prof.) Kindiki): Order, the Senate Majority Leader! Did you say that Wilson is an international airport?

Yes, Mr. Deputy Speaker, Sir. 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): What is the basis for that assumption?

Mr. Deputy Speaker, Sir, there are direct flights from Wilson Airport to countries like Somalia. There are daily flights from Wilson Airport to Serengeti and even Juba. So, it is truly an international airport by all means and standards.

(Sen. (Prof.) Kindiki): What is it Sen. Cheruiyot?

Mr. Deputy Speaker, Sir, I am just marveling at the understanding of the Senate Majority Leader in matters to do with airports. Does it confirm to us the tag he has long held of being the chairman of the ‘sky team’?

(Sen. (Prof.) Kindiki): Order, Senator! Is it connected to the sky?

Mr. Deputy Speaker, Sir, I was hoping that you would reprimand him because any answer that I will give may affect the Chair of the House.

(Sen. (Prof.) Kindiki): Order, Senator! Do not drag the Chair into your exchange with the Senator for Kericho. What is it Sen. Mutula Kilonzo Jnr.?

Mr. Deputy Speaker, Sir, I had a similar concern that this House has both members and trustees of a ‘sky team.’

(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr.! What team is that?

Mr. Deputy Speaker, Sir, it is called the ‘sky team.’ Sen. Murkomen is a member and there is somebody you know, whom I will not mention.

(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr.! Senate Majority Leader, on that note, you can proceed without veering off to the dangerous trajectory pursued by Sen. Cheruiyot and Sen. Mutula Kilonzo Jnr.

Mr. Deputy Speaker, Sir, if there is something I agree on with Sen. Cheruiyot and Sen. Mutula Kilonzo Jnr., it is that I have a great fascination about matters aviation. One of the first courses I taught in the university was Air and Space Law at the Catholic University of Eastern African. I had 13 students out of which 11 managed to go for further studies. They had close mentorship from me; they tell me so. It fascinates me how one came up with something like a plane and so forth. So, I have no apologies to make. I have been allocated a variety of equipment in various airports in this country on social media. I trust God that it will come to pass one day. Mr. Deputy Speaker, Sir, if you read the First Schedule, you will find that under the classification of Class A roads, we have highways that will connect to seaports, 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, Senator!

Mr. Deputy Speaker, Sir, there is no difference between Marimanti and Kathagachini.

(Sen. (Prof.) Kindiki): I thought there was a legal classification as opposed to unilateral declaration of towns and urban centres. 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, we now have the Urban Areas and Cities Act that makes Marimanti to actually become a shopping centre because of its size, just like Kapsowar and Tot which do not qualify now to be called towns. Sometimes in our villages we call them towns and cities. When we want to baptise our place as a very beautiful place we call it a city, not knowing like Sen. Sakaja said before, that there are many poor parts of this City. There is assumption that something beautiful is called a city, which is not true. Sometimes there is an ugly part of a city. These classifications we have here are important for us because it informs the next topic, which is the issue of division of resources. However, before I come to the issue of resources, the national Government, under this law, creates three agencies that will deal with the management of these roads. We have the Kenya National Highways Authority (KeNHA) whose responsibility is to deal with Classes S, A and B roads, which I do not want to repeat myself on. There is nothing different about the management of the KeNHA. It is similar to the current one in terms of structure. The board is almost similar to the current one, except in the case where the LSK used to get represented before in the tenure of Sen. Omogeni. I can see the Bill provides that it is the Institute of Engineers of Kenya and the Institute of Surveyors of Kenya and two other persons appointed by the Cabinet Secretary. That is similar in both the Kenya National Highways Authority (KenHA) and the Kenya National Urban Roads Authority which takes in the classification herein provided above, Class H and J of the roads are under the Kenya Urban Roads Authority. To be frank and as a matter of idealism, there was a time I used to ask why have Kenya Urban Roads Authority (KURA) or KenHA? Over time, we with devolution, I have realized that the demands for construction of a road, even a small tarmac road of two kilometres, we have to get loans. However, it needs the support of the national Government to be able to do so. Nairobi County government is expected to do most of the roads in Nairobi. However, Kenyans are demanding from the Government of President Uhuru Kenyatta to do most roads in this country. You will realize that KURA is doing most of the roads in Nairobi County because this city is the Capital City of the Republic of Kenya. Mr. Deputy Speaker, Sir, I was in the task force on Devolved Governments. When we realized that Nairobi had been made a county, we had to provide the Urban Areas and Cities Act. We felt there must be an agreement between Nairobi County and the national Government on how to manage matters of infrastructure and security in the city because it is a capital city. I have seen some people laughing at Senator---

(Sen. (Prof.) Kindiki): Order, the Senator for Laikipia and company! Proceed, Majority Leader. 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 protecting me from Sen. Kirinyaga. I know you chose the person you wanted to say, because you wanted to protect me.

(Sen. (Prof.) Kindiki)

He is the one who came to cause this uproar and excitement. Every time he comes to the House, there must be some level of excitement, which is a good thing. It is natural for---

(Sen. (Prof.) Kindiki)

Yes, Mr. Speaker, Sir.

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

Why is he speaking and you have not given him a chance to speak?

(Sen. (Prof.) Kindiki)

On a point of order, Mr. Deputy Speaker, Sir. Is that the Senator for Kirinyaga or is that his name?

(Sen. (Prof.) Kindiki)

Mr. Deputy Speaker, Sir, thank you for correcting my actual name. Traditionally, I am known by that name.

(Sen. (Prof.) Kindiki)

Mr. Deputy Speaker, Sir, I did not want to interrupt my brother. However, I am not sure that he is in order to single me out when you have already made your ruling in a very professional manner and in accordance with the orders of the House.

(Sen. (Prof.) Kindiki)

Thank you, Mr. Deputy Speaker, Sir. When Sen. Kirinyaga meets the Senator of Kirinyaga something is bound to happen.

(Inaudible)

Mr. Deputy Speaker, Sir, I did not say that! Senator Mutula Kilonzo Jnr. said “it is a meeting of landlords”. I do not know what he means.

I was trying to make this case that the demand from the national Government to construct the roads in the urban areas of Nairobi, Mombasa, Kisumu, Nakuru, Eldoret and upcoming urban areas like Machinery. There is a small town centre called Machinery in Makueni County. One day we went there with somebody I do not want to name. 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)

It is for political reasons. I remember the people were waving at us and we were very excited that our candidate was doing well. Every time we talked, they were waving, only to realize later that they were not excited with us; they were actually saying they belong to Wiper Party. That is how Sen. Mutula Kilonzo Jnr. came to this House. Due to the railway and the economic activities in such towns, there is pressure that the roads in these towns must be constructed by the national Government. If you go to Nyeri and Othaya towns, there is pressure on the national Government that they require money for construction of roads. Meru is growing at a very high rate. There is also pressure that the national Government should assist in construction of those roads. This is all because of urbanization. One of the fastest growing towns in East and Central Africa is Eldama Ravine because of migration. There is also pressure on the KURA to assist in construction of roads in Kapsabet, Iten and many other roads across the country. For that reason, urban roads have been classified into two. Mr. Deputy Speaker, Sir, Class C roads has been allocated to the Kenya National Secondary Roads Authority which is currently known as Kenya Rural Roads Authority (KERRA). Now it is becoming established as the Kenya National Secondary Roads Authority. After this, it will be called KENSRA instead of KERRA. This board is in charge of Class C roads and its responsibility is to deal with the management of those roads. I do not want to repeat myself on the classification; the chairman is here. He is eagerly waiting to give an expose from his perspective on the issues they found when the Committee listened to various parties that came before them. Suffice it to note, appointments to the Board has been provided for; that it must meet the constitutional requirements. The Director-General must have the necessary qualifications. You have provisions of powers of those authorities which are already existing with the authorities as I speak, at the moment. There are also provisions of stiff penalties as far as violations on standards of roads or where people protest like they do in Kondele, Kisumu where Sen. Rose Nyamunga comes from. The area is famous for exercise of constitutional rights to protest in this Republic. As they do so, like the Governor of Kisumu said, there are stiffer penalties now provided for to ensure that such persons who destroy roads by burning tires on them as it happens in Nairobi, Eldoret, Kisumu, Kericho and Mombasa are punished. It includes also those who will drive on the wrong side of the roads and pavements. There are also penalties that relate to punishment to ensure that if you destroy the road you will be held accountable. Apart from that, there is one more important provision in this Bill that I do not want to forget. It is about division of resources. As you very well know, in our Constitution, what is important is the Division of Revenue Bill which stipulates how resources should be divided between national and county governments. Once that is done, every level of government has the responsibility to manage the functions that are The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order, Sen. Murkomen! Did you say merchants?

Yes. Traders are people---

(Sen. (Prof.) Kindiki): Can you qualify that because you said “lawyers and all these merchants”?

Mr. Deputy Speaker, Sir, I said that if you open it to merchants and traders, it will compromise the standards that we require from the Public Roads Standards Board. Let us keep it that way just like we require lawyers in the legal profession. In the roads profession, particularly for that board, let us leave it to the engineers as it is because we must make laws for posterity that will protect the institutions that we represent as a House. I would have said more. This is an area that I am proud of the Jubilee administration for putting a lot of effort to ensure that we construct as many roads including Chakarika-Marimanti and Nyaru-Iten roads and a road in Kericho County called Premier-Tablotin and another one in Nyamira County whose name I have forgotten. 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): Is that connected with your knowledge of airports?

Mr. Deputy Speaker, Sir, we have been elected to oversight, and not to “undersight.” If you want to oversight, it must be from up so that you can see.

So, oversight and matters of airports are one and the same thing. In my oversight duties across the country, I have seen that there is a lot of demand for good roads, including the one from Isiolo to Moyale, among others. This is an area that we must have the resources and ensure that there is maintenance of those roads. We also need to ensure that there is fair distribution. That is what Sen. Khaniri was talking about in his Statement; that every county must have at least Classes B or C roads, so that people enjoy the fruits of Independence in the great Republic of Kenya. Mr. Speaker, Sir, with all those remarks, I beg to move and invite Sen. Wamatangi, the Chair of the Committee on Roads and Transportation, to Second.

Sen. (Prof.) Kindiki): Very well, Sen. Murkomen. Proceed, Sen. Wamatangi.

Thank you, Mr. Speaker, Sir. I rise to second the Bill, as moved by the Senate Majority Leader. I acknowledge, as the Chairman of the Committee on Roads and Transportation, that my Committee sat and deliberated on this Bill. We considered the Bill and invited – through public notice and advertisements in newspapers – members of the public to come and air their views for consideration by the Committee. In response to the invitations, we received information and submissions from the Council of Governors (CoGs) and the Ministry of Transport, Infrastructure, Housing and Urban Development. We also received submissions from all the line agencies; the Kenya Rural Roads Authority (KERRA), the Kenya Urban Roads Authority (KURA), the Kenya National Highways Authority (KeNHA) and also from individual members of the public. Mr. Speaker, Sir, this Bill is timely because after the continued long rains, every county in this country is suffering because of the damage caused on our roads. In addressing the problems that Kenyans have been facing, it is important that we lay this out clearly. Even as we do as much as we have done, let it be clear that the bulk of Kenyan roads still remain undone. A comparison of the roads which are right now tarmacked, passable, all weather and usable to the ones which still either require to be done, opened up or are unnecessary, is heavily lopsided to the latter. Therefore, as we debate and congratulate the Senate Majority Leaders from both Houses for proposing this Bill and bringing it to the House, we also must remember that there is still a lot of work to be done. Mr. Speaker, Sir, when we started hearings on this Bill, there were two issues that were of great contention between county and national Governments. One of the main 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 this opportunity to also make my contributions to this very important Bill; the Kenya Roads Bill, 2017. I must begin by registering my disappointment because this Bill is meant to kill the dream of devolution. It is regrettable that we are sitting here, as a Senate, exercising our Constitutional mandate under Article 95 of this Constitution, which is to defend devolution, to debate a Bill that wants to only allocate 16 per cent of revenue to our counties. This is the saddest day ever since we passed our Constitution in 2010. 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. Omogeni, I will add you two more minutes.

Madam Temporary Speaker, I have seen that there is a provision in Section 7 to have representation in the Board from the Inter-Governmental Relations Authority (IGRA). The people who know the state of our roads in this country is none other the governors themselves. If you read this Bill, there is a provision for agreements between the county governments and these authorities on constructions of roads in counties. Therefore, the right people to sit in any of these Boards should be the Council of Governors (CoG) and not the IGRA. This is because the governors are the ones who are on the ground, doing the implementation of roads and can engage the national Government. So, in terms of representation, we are getting it wrong when we want to give these slots to the IGRA 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 am a very disappointed man because we have these authorities and boards, but they have not been functional. Why do we need to change the name of Kenya Rural Roads Authority (KeRRA) and Kenya Urban Roads Authority (KURA)? They have been there, but they have not done anything. Now we are being told to call them Kenya national and so on. They are already “national”, but they have not performing. Therefore, I do not know what difference it will make. Instead of giving the money to the locals where it can be used by the county government, even if some of them are dysfunctional, but at least, it would be better off. A county like Wajir County has seen a tarmac road for the first time when devolution started. We are now talking about classification. We have had classification A, B and C roads from 1963 to date and we have not seen any tarmac or any good roads. We are living on cattle trucks. A road is classified as A, but it has nothing; even bush clearing is not done. We want now to rename these authorities and create Public Roads Standards Boards. These things are not functional. We want to create four Boards which you want to give people money; second some staff there from the national Government. Deputy Directors would be deployed from the Treasury, Transport and Roads. The same guys will be on all these boards. What are they going to perform because the Principle Secretary will never attend any of these board meetings? I have been a board member of organizations and there are officers who come from the national Government. They only come to earn their small allowances and they do not even say anything. The people who function are those ones who come from the private sector or other organizations. However, this is no longer in existence because three quarters of the board members are national Government officials. What change will it bring? Madam Temporary Speaker, Kenyans are good in writing papers. However, when it comes to implementation, we are zero. This is where we are going right now. We want to create four authorities. What are the other three authorities doing? They have engineers. If they cannot even set the standards, why do we want to create another board to do so? I call that wastage of the little resources 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.

Proceed, Sen. Mutula Kilonzo Jnr.

Thank you, Madam Temporary Speaker, for the opportunity to say the following. One, it is a milestone to have the Kenya Roads Bill on the Floor of the Senate. This matter has come a long way. Madam Temporary Speaker, when we received petitions under the Transition to Devolved Government Act, where the Senate was supposed to consider appeals of counties in terms of functions, one of them was the management of roads, other than forests and others. However, the most fundamental one that affected counties was roads. It was a quarrel. The Transition Authority (TA) gave out a timeline as to when these functions should be granted to counties. However, the national Government totally refused to gazette this function on the basis that counties did not have the capacity to do roads. Senators, what is “capacity to do roads?” What is the secret about doing a tarmac road? This matter finally ended up in court, where Lady Justice Mumbi Ngugi issued an order to the national Government to gazette these functions for purposes of counties. The Gazette Notice was issued, but it had no framework. As a result, it was like the proverbial saying of giving with the right hand and taking away with the left. Madam Temporary Speaker and hon. Senators, the roads that are under our function are 35,000 kilometres. The purpose of a Bill like this is to ensure that we can do roads in our counties. If there is an issue with capacity; we can build capacity. If the national Government can procure two Cuban doctors for your counties; why should we not hire capacity and buy trucks? I was pleasantly surprised to see Governor Waiguru with so many vehicles and earth movers. This is the infrastructure needed. Madam Temporary Speaker, during debate on the Division of Revenue Bill, we turned a blind eye to something we should not have. We were supposed to get 20 per cent of the revenue to go to counties for the purpose of maintaining roads. However, there were other considerations – maybe political or the “handshake” – and, as a result, counties are still getting fewer funds to maintain these roads. Madam Temporary Speaker, classification of roads is important. As far as I am concerned, classification has, in the past, been done in a skewed manner so that these functionaries sitting in Nairobi can make these roads look like miracles. Let me tell you; the only miracle I see in roads is what the Chinese have done on bridges and overpasses. For the rest, there is no reason why a road in Makueni; the Emali-Ukia Road, which is 52 kilometres, is under KeNHA. There is no reason on earth why the Machakos-Wote Road between Machakos to Ukia, is under KeRRA; and the road between Ukia to Makindu in the same road is under KeNHA. This is the same road, in the same county, where there is no hill or bridge. This classification is just some amorphous thing that does not make sense. We have just created work for these national Government functionaries. I will say that again; we have just created work for these national Government functionaries when we should not have done so. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Very good. Proceed, Sen. Cherargei Samson Kiprotich.

Madam Temporary Speaker, I rise to support the Kenya Roads Bill, 2017. I have gone through the Bill for some time now and agree that there are amendments that will be of necessity. The issue of roads is very sensitive. You are my neighbour and you know that roads are important for you to go to any public function, birthday party, engagement party, funeral or even church service. The priests cannot move with ease to pray for us as we prepare to take the kingdom of God. It is a very sad state of affairs. There is a lot of confusion in the counties. You will find the governor saying that a particular road is not his responsibility. The Member of Parliament, through the Kenya Rural Roads Authority (KeRRA), will also say that they have nothing to do with that road. I agree with what Sen. Mutula Kilonzo Jnr. said. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, this Bill has attracted a lot of interest. I will reduce debate time to 10 minutes and I think that is in order.

Madam Temporary Speaker, I will try and use less than 10 minutes. I almost complained about the time it took for me to be reached but I have realised it was a blessing in disguise because I have had the opportunity to listen to my colleagues and hear their thoughts about this Bill. The vogue term this afternoon is “I protest”. These words were used by Sen. Omogeni and Sen. (Dr.) Ali because of the many provisions in this Bill that they do not agree with. I served as a Member of the Committee on Roads and Transportation in the previous Senate. I sat and listened to all stakeholders who gave us memoranda and presentations about this Bill that is before us. Therefore I know this Bill in and out The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Madam Temporary Speaker. Did you hear the good Senator say that when he was an ordinary Member and now he is not an ordinary Member? Is he suggesting that we gave a category of Members in this House? Could he clarify that?

Not to demean anyone, I meant my responsibilities have grown immensely of late. Therefore I find myself straining in terms of time to do legislative work. I listened to almost each and every organisation that has been mentioned and all the stakeholders that came before us to give memoranda and presentations. Therefore, I do not want to take a lot of time delving into issues about the many boards that have been created, their duties and their constitution. I agree with many of the sentiments that have been raised by colleague Senators. However, the English have a saying that he who pays the piper calls the tune. The crux of the matter in this Bill is in the First Schedule. Concerning distribution of resources, who will manage what percentage and the amounts of money to be sent to the various Government departments and county governments? That is where all this debate should lie. As a House, we are being called upon to make an extremely important decision that at the end of the day can be used to judge whether we are truly the custodians and defenders of devolution or whether we are just rubberstamps and an appendage of the Executive. Madam Temporary Speaker, there are three important points I want to raise. Allow me, because I am in the Third Schedule to do it downwards as I rise upwards. The seventh part of the Third Schedule speaks about the percentage of the fuel levy that shall be sent to the National Transport and Safety Authority (NTSA).One per cent is what is being proposed. The National Transport and Safety Authority appeared before us, then showed us the budget and the amount of money that is being sent to them. Basically, apart from salaries, there is nothing else that the NTSA shall do if we grant them only one per cent of fuel levy yet the world standard is 3percent. Countries that are better organised and know how to run the business of roads, taking care of the roads give three per cent to the authorities charged with managing safety on the roads. Madam Temporary Speaker, each December, Easter holiday and during the peak travel season in our country, we witness huge amounts of road accidents that continue to take the lives of innocent Kenyans. Yet I remember that a few months ago when we had all the hue and cry about the number of accidents we were seeing on the roads; the Government thought of an extremely simplistic situation and said that NTSA has been defeated in terms of managing and providing safety on our roads and therefore kicked out of the roads. What a shame! If you do not provide for them the funds to do their job, like run road safety campaigns like they used to do back in the day---. When I was a primary school student you would have the officials from the Ministry of Transport visit schools and remind you how to cross roads or drive. Nowadays, we do not have that kind of sensitization yet 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.

Asante sana Bi. Spika wa Muda kwa kunipa fursa hii kuchangia Mswada wa Barabara, 2017. Mswada huu umekuja katika wakati mwafaka ambapo swala la barabara linazidi kuangaziwa katika Jamhuru yetu ya Kenya na pia kaunti zetu zote 47. Nitazungumza kuhusu Mombasa. Kwa muda mrefu sana Tumekuwa na barabara mbovu, hasa zile zinazounganisha Bandari ya Mombasa na nchi ya Kenya kwa ujumla. Mizigo nyingi inayotolewa Bandari ya Mombasa inasafirishwa kwa barabara ikielekea sehemu za bara ambapo inahitajika. Kwa muda mrefu sana barabara ya kuingia katika Bandari ya Mombasa ilikuwa mbovu na nyembamba sana kiasi ambacho magari miwili yenye mizingo hayangeweza kupishana. Lakini, nifuraha kuona kwamba barabara zote zinatengenezwa ikiwepo ile ya kutoka ndani ya bandari na kuingia barabara kuu ya Mombasa-Nairobi. Kuna barabara nyingine pia ambayo ilifunguliwa hivi majuzi na Mheshimiwa Rais ambayo inapitia Port Reitz na kuelekea mpaka Bonje. Hizi barabara zimetoa afueni kubwa kwa wakaazi wa Mombasa ambao wangetumia masaa matatu au manne kusafiri kutoka Mombasa Mjini hadi Mariakani. Barabara katika kivukio cha Causeway ambacho kinaunganisha Changamwe na Mji wa Mombasa pia kimepewa mwanakandarasi na kinarekebishwa hivi sasa. Hata hivyo, tunasikitika ya kwamba magari mikubwa bado yanatumia barabara hiyo na kusababisha msongamano na ajali nyingi katika sehemu hiyo. Ningependa kuzungumzia mambo matatu. Hivi majuzi tuliona taarifa katika vyombo vya habari iliyosema kwamba Mheshimiwa Waziri wa Barabara na Usafiri, Bw. Macharia, alisema kwamba wamefaulu kuyaondoa magarima mikubwa, hasa malori 500, barabarani kwa muda wa miezi sita ambayo Standard Gauge Railway (SGR) imeweza kuchukua makasha ya bidhaa kutoka Bandari ya Mombasa na kuyaleta Nairobi. Hilo ni jambo la kusikitisha kwa sababu wenye biashara ambao wanamiliki magari hayo hivi sasa wamepoteza biashara. Vile vile, wale watu ambao walikuwa wameajiriwa kufanya kazi kwenye hayo magari wamepoteza ajira. Vile vile, biashara katika baadhi ya miji kama Mariakani, Mazeras, Maungu, Voi na hata Mlolongo imepungua kwa sababu madereva walikuwa wakisimama katika vituo vile na kununua bidhaa tofauti tofauti. Waziri ameahidi kwamba kufikia mwisho wa mwaka, ataondoa magari elfu tatu hususan katika barabara ya Mombasa-Nairobi. Hili ni jambo la kusikitisha kwa sababu biashara ambayo inanpatikana kwa magari yale kutumia barabara ile itakwisha yote na miji mingi midogo midogo itakufa. Tumepewa mfano wa Mji wa Machinery, uliokuwa mji mkubwa wakati wa hapo nyuma, lakini sasa umekufa kabisa. Miji mingine mingi itakufa kwa sababu biashara itapungua kutokana na kulazimishwa kusafirisha makasha yanayo toka Bandari ya Mombasa kwa njia ya Standard Gauge Railway (SGR). Katika mpangilio huo, wananchi hawapewi fursa ya kuamua iwapo watasafirisha mizigo yao kwa magari au kwa SGR. Hili ni jambo la kusikitisha. 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.

You can utilise the last 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.

Madam Temporary Speaker, just one minute. We need CSR as a component in this Bill so that as you do the construction and the boreholes that will help to do the roads or the rail----. Since they scoop a lot of gravel as they do the wells, they should leave those dams to the people as a form of CSR. Thank you.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The House, therefore, stands adjourned until tomorrow, Thursday 5th 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.