Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from St. Albert Girls Ulanda School in Migori 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, in the absence of the Senator for Migori County, the Senate Majority and Minority Leaders, allow me to hold brief for all of them---

The Deputy Majority Leader is here!

Mr. Speaker, Sir, the Deputy Majority Leader has just walked in. However, you had already given me the opportunity to welcome St. Albert Girls Ulanda High School. I welcome you to the Senate and hope that you are going to learn lessons on leadership. Take the good things that we do and if you see any bad things, trust me that we do not normally operate that way. Thank you, Mr. Speaker, Sir.

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

Hon. Senators, I wish to report to the Senate that pursuant to Standing Orders 41(3) and (4), I have received the following message from the Speaker of the National Assembly regarding the approval, by the National Assembly, of the Petroleum Bill (National Assembly Bills No. 48 of 2017). “PURSUANT to the provisions of Standing Orders 41(1) and 142 of the National Assembly, I hereby convey the following Message from the National Assembly – WHEREAS the Petroleum Bill (National Assembly Bills No. 48 of 2017) was published vide Kenya Gazette Supplement No.186 of 6th December, 2017, as a Bill concerning county governments proposing to,

, provide a framework for the contracting, exploration, development and production of petroleum; cessation of upstream petroleum operations; to give effect to relevant articles of the Constitution in so far as they apply to upstream petroleum operations; and regulation of midstream and downstream petroleum; AND WHEREAS the National Assembly considered and passed the said Bill on Tuesday, 12th June, 2018, with amendments in the form attached hereto; NOW THEREFORE, in accordance with the provisions of Article 110(4) of the Constitution and Standing Order 142 of the National Assembly, I hereby refer the said Bill to the Senate for consideration.” Hon. Senators, pursuant to Standing Order 151, which requires that a Bill originating in the National Assembly be proceeded with by the Senate in the same manner as a Bill introduced in the Senate by way of First Reading in accordance with Standing Order 133, I direct that the Bill be listed for First Reading on Tuesday, 10th July, 2018. I thank you.

Mr. Speaker, Sir, I beg to lay the following Report on the Table of the Senate today, Thursday 5th July, 2018– REPORT ON THE IRRIGATION BILL, 2017 Report of the Standing Committee on Agriculture, Livestock and Fisheries on the Irrigation Bill (National Assembly Bills No. 46 of 2017).

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

Next Order!

Mr. Speaker, Sir, thank you for giving me the chance to issue this Statement. I rise pursuant to Standing Order 46(2)(a) to issue a Statement on the frequent fire disasters in Gikomba Market and other parts of Nairobi City County. Mr. Speaker, Sir, I take this opportunity to condole with the families that lost their loved ones in the most recent Gikomba fire. I also wish a quick recovery to those that are recuperating, both in hospitals and at home. I stand in solidarity with each and every person who was affected in any way, including those who lost their property in the Gikomba fire and other fires that broke out elsewhere. Mr. Speaker, Sir, as you are aware, Gikomba Market is located at the heart of the capital city of Kenya. It is also one of the largest and most famous markets in the city. The market is mainly known for its trade in second hand clothes and timber, among other precious things. Mr. Speaker, Sir, on 28th June 2018, a fire broke out in the market, killing 15 people and leaving more than 60 people nursing injuries. The fire also destroyed property worth millions of shillings. A day later, another fire razed Korogocho Market in Nairobi, causing loss of property. You may recall that earlier in the year on 27th January 2018, a fire broke out at Kijiji in Langata Constituency, killing five people, destroying property and leaving thousands homeless. Mr. Speaker, Sir, these fire incidents raise more questions than answers. Fire disaster management in the county and in the country appears to me to be more ad hoc and reactive, rather than preventive and deliberate. The County Government of Nairobi is expected to play a leading role in the fire disaster prevention and management activities within the county. However, the manner in which it has handled these disasters has exhibited the existence of major institutional and policy gaps as well as capacity deficiencies. In most cases, response to these fire incidents is slow and poorly coordinated. Mr. Speaker, Sir, Gikomba Market has experienced fire outbreaks every year since 2015. Apart from the many fire incidents in Gikomba Market, Korogocho and Kijiji, which have caused massive loss of property and lives, there have been many other incidents in the recent past. In 2004, there was a fire incident at City Hall itself in the Mayor’s precincts. In January, 2009, there was a fire outbreak at Woolworths Building, which housed Nakumatt Supermarket in down town Nairobi, which claimed 30 lives. In April, 2012, a fire broke out at Kimathi House in Nairobi, consuming the 5th, 6th and 7th floors of the building. In 2011 came the Sinai fire tragedy, where more than 100 people lost their lives. 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 commend Sen. Seneta for this important Statement. As she asked: For how long will we wait for this country to deal with issues of disaster? I believe most of these disasters are man-made, especially the one for Gikomba. Two days ago, if I am not wrong, the Senator for Nairobi County said there are some people holding the title deed to that particular piece of land who actually burnt down the place. He even threatened that those are just papers and their title deed will be cancelled. I am sure by now we have lost so many lives in Gikomba. Somebody somewhere, should have been held responsible. I remember in my county a similar thing happened to a market. Up to date, those poor farmers and traders who were operating in the market have not been compensated and they do not have a market. No investigations have been carried out. I think we are losing direction. It is really important for us to get our act together. In cases where loss of lives is involved, we need to take serious action. These are poor people and Government agencies are actually standing at that site where people were killed saying that nobody should build here. Clearly, it means somebody is behind it. Mr. Speaker, Sir, we still have a long way to go to deal with the issue of disasters. The same thing happened to Solai where now, almost two months down the line, the people behind the Solai Dam tragedy were being arrested yesterday. Where were they? Where were all these Government agencies all these months after the incident happened? Can we spend money to put proper structures in place to deal with these disasters because we cannot afford to lose more lives in our country? The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to support my colleagues in this Statement. I will be a little bit more candid. The fire in Gikomba was deliberate. It was done by arsonists who have the protection of the Nairobi County Government and the police. That is the reason why the police, instead of arresting criminals, they are in Gikomba preventing people from reconstructing their shops under the pretexts that those shops were under a powerline. If that was a good reason, the powerline would have been moved and these people be allowed to reconstruct their businesses. What is more tragic is that Kenyan lives have become like statistics; Solai – 47; Gikomba – 15; yesterday in Makueni 10 people were burnt alive and so on. It has become statistics. As Sen. Sakaja said, if these were 15 affluent Kenyans, everything would come to a standstill. The flag would be lowered to half-mast. We would all be mourning and sending condolence messages through print and electronic media. Nobody has sent a condolence message from any institution to the Solai people and yet they were 47 ordinary, poor people. Nobody has also sent a condolence message to the people of Gikomba. If there was one instance I was proud to be a Kenyan was when the Director of Public Prosecution (DPP) ordered for the arrest of the owners of Solai Dam. As I was walking to the Senate, those people are now in the dock in Naivasha Court. Before we started our investigations, these people looked like small gods. Now they are in the same dock with robbers of chickens, with the person who was slaughtering cats and other criminals. They are in the same dock to show that nobody in Kenya is above the law. Mr. Speaker, Sir, we must take action against these people. Nairobi County Government must explain to Kenyans the reasons why the fire brigade which is easily five kilometres away from Gikomba was unavailable on that date. Should we continue losing lives in Gikomba market where Nairobi City County is possibly collecting the most revenue in terms of a market in the City of Nairobi? It looks like a joke that everybody has disappeared and nobody wants to take responsibility for this disaster. We are busy making lofty statements. Why are we asking for an investigation? Why is the DPP not swinging into action? These are just other people; they will not do anything. When we say 15 lives have been lost, maybe we should say Wanjiku, Mutua and so on. We should start having humanity to figures. I have insisted in the case of Solai tragedy, we want those names because we want to deal with a person; a Wanjiku, a Mutua and so on. The people who died in Gikomba are not just 15; these are fathers, mothers and children. There was an instance of a father who sat in this house with his children for three hours chocking in smoke. Finally after saving his children, he fainted. Imagine the effect of smoke on his children and himself. Maybe instead of this statement, the committee in charge should have gone to Gikomba. Let us take some action. Let Kenyans feel our presence as leaders of this country.

Asante, Bw. Spika, kwa kunipa nafasi hii ili nichangie katika Hoja hii. 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 an opportunity to add my thoughts to this Statement. First of all, I just want to condole, on behalf of persons with disabilities in this nation. I want to condole the families of those who died in the Gikomba fire tragedy. It is really painful. This issue is very serious. It is not an issue that is just starting today. There was a time when there were frequent occurrences of fires in that market. Therefore, there is need for this disaster to be brought to an end. We have different disasters in this country. There are some that are natural and some that are man-made. I think this one for Gikomba Market may not have been a natural disaster, but a man-made disaster. When such a disaster befalls people running businesses there, they are heartbroken and crushed becauseit is very difficult to get employment. These are people who have decided to be self-employed in order to be productive members of this country. It is a sad affair that they have decided to be productive members of this country but anytime they go ten miles ahead they are taken back 10,000miles behind. Mr. Speaker, Sir there is need for intervention and mitigation for this issue to come to an end. Consequently, there is need for mitigation and a Committee to be formed to analyze and find out the reason for these fires. What are the causes of these fires? What are the vulnerable risks associated with these fires and how can people be insured so that they do not lose their property and yet they are not compensated? I can imagine the people who have been running businesses in Gikomba right now are heartbroken and do not know how to pick up their pieces. If the property was insured, they would pick up their pieces. I know they are hurting. 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 see a lot of interest so I will limit the debate to three minutes. Sen. M. Kajwang’.

Mr. Speaker, Sir, I beg to contribute to this particular statement. Firstly, my condolences to those who lost loved ones. We are told close to 15 lives were lost and that is what Sen. Mutula Kilonzo Jnr. is disputing. They are not lives they Kenyans; Otienos, Kamaus and Cheruiyots. So, my condolences to them. Secondly, we owe it to the people trading in Gikomba to confirm the person who owns the land. I challenge the Committee on Lands, Environment and Natural Resources and the Committee on Tourism Trade and Industrialization. If the two Committees cannot deal with this, then the County Public Accounts Committee will have to call the Governor of Nairobi to confirm in whose name the land is situated. Thirdly, we have got something we call a Micro and Small Enterprises Authority in this Republic. They are supposed to look at the interests of small scale traders. We need to bring them to this House to understand what they are doing. More fundamentally, when we collect revenue from Gikomba, I believe it is one of the main revenue sources of Nairobi County; it needs to be spent at source. With those few remarks, I beg to support. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Yes, Sen. Mwaura.

Bw. Spika, asante sana. Ningependa kuunga hoja hii hususan kwa sababu tumeona watu wengi sana wakiuawa kiholela holela kwa mambo ambayo yamewadhuru yanayoweza kuzuiwa. Bw. Spika, imekuwa ni kana kwamba kila wakati tunaposikia wale wameuawa nitakwimu tu ambazo watu wanazisikia kuhusu mambo yanavyotendeka kwenye nchi hii ya Kenya. Hili ni jambo la kushangaza sana. Itakuwaje kwamba watu wametelekeza kazi yao, hivi kwamba umeme unaharibu mali, unaua watu, unaharibu biashara na watu wanakaa kana kwamba hatujui kiini cha mwanzo na hakuna mtu ambaye anachukuliwa hatua. Bw. Spika, juzi nimekuwa Malindi nikampata mwekezaji mmoja ambaye hoteli yake ilichomwa. Huyu ni mtu ambaye anasaidia wakenya kupata riziki ya kila siku. Tukiangazia utendakazi wa Kaunti hii yetu ya Nairobi, kuna mambo ambayo hayaridhishi hata kidogo, kwa sababu utakuta kwamba zima moto hazipo na wafanyikazi husika hawapo, ilhali pesa za Serikali zinatumiwa. Kila makadirio ya Serikali yanaonyesha kwamba lazima kuwe na mtu ambaye ni husika. Ninamuunga Mhe. Seneta kwamba lazima tuchukue hatua na hili Bunge lisikuwe tu ni Bunge la malumbano na gumzo lakini liweza kutoa kauli ambayo inaweza kuleta maaendeleo na mabadiliko ya maisha ya wakenya tunao watetea.

Sen. (Prof.) Ekal.

Mr. Speaker, Sir thank you for giving me the chance to also contribute to this very important statement. I would like to congratulate Sen. Seneta for bringing it up. This is really important in the sense that lives were lost and I would like to console with those who lost lives and their families. As other senators have said, these are not just numbers but breathing human beings that have lost their lives and loved ones are left behind worrying about them, also missing the bread that would have been earned. It is a catastrophe that things like these happen in Kenya. As hon. Members have said, some of these things are avoidable in the sense that it could be as a result of the way we build using flimsy materials and buildings that are close to each other. When a fire starts, the materials are burnt away very fast. I know that fires can also be started by arsonists who want to get back at the people who defeated them in politics. They should be arrested and put in jail. The most important thing is preparedness. However, when a particular fire starts, there must be fire engines and water installations that have water to put out the fire. However, in most cases when fires start, people use soil and pour water to try and stop it and it is not very effective. We need the right equipment in place to avoid catastrophes like this next time. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. As I congratulate the Senator who requested for this Statement, I want to lament the casualness with which deaths of Kenyans is taken, especially under circumstances of arson like this one. As my colleagues have said, it is not the first time. It has become like a formula for trade. For example, when somebody wants to renovate their property and they do not want to evict 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 Bw. Spika kwa kunipa fursa hii kuchangia Taarifa ilioletwa na Sen. Mary Seneta. Kwanza, natuma rambirambi zangu kwa watu wa Nairobi, familia na wapendwa wa marehemu waliokufa kutokana na moto uliotokea wiki iliyopita. Huu sio mkasa wa kwanza wa moto katika eneo la Gikomba. Mikasa nyingi imepita lakini Serikali imelalia maskio na haki za Wakenya zinazidi kupotezwa kwa sababu ya moto. Ningependa pia kuchukuwa fursa hii kumueleza Sen. Mwaura kwamba kuna tofauti kati ya moto na umeme. Unapozungumzia moto anamaanisha ule unaochoma na kuunguza ilhali umeme unatumika kwa mambo mazuri. Kwa hivyo, moto na majanga kama haya yanayotokea hayapaswi kuchukuliwa hivi hivi. Mkasa wa moto kule Sinai haukushughulikiwa vipasavyo. Vile vile mkasa wa moto kule Gikomba uliotokea mwaka jana wakati wa kampeni pia haukushughulikiwa vilivyo. Kama itawezekena ile Kamati inayoshughulikia mkasa wa Solai inafaa kuongezewe majukumu ili tuhakikishe kwamba tumepata suluhisho kwa mambo kama haya. Moto ukitokea, wakenya wanakufa. Vile vile mafuriko yakitokea wakenya wanakufa. Kwa hivyo, haya ni mambo ambayo lazima tuyaangalie ili tupate suluhisho la kudumu kwa mikasa kama hii. Asante sana, Bw. Spika.

Bw. Spika, jambo la nidhamu.

What is your point of order, Sen. Mwaura?

Bw. Spika, namrai ndungu yangu aliyezungumza vizuri sana. Lakini ni kana kwamba haelewi umahiri wa lugha. Sizungumzi bure bilashi. Nimesema kwamba umeme unaweza kusababisha moto. Elewa ndugu yangu.

Sen. Cherargei.

Thank you, Mr. Speaker, Sir. I thank Sen. Mary Seneta for this Statement. I agree with my colleagues that this is a serious matter that should go beyond an ordinary Statement. I hope that it will be referred to the relevant Committee. Since this tragedy happened, I have seen the Senator for Nairobi County, Sen. Sakaja, doing a lot. As a country, we need to move from the era of providing an avenue or field for humanitarian aid. When disasters like the ones that happened in Gikomba 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 thank the Senator who has brought this Statement on our behalf. I also thank those who have commented positively about what needs to be done and for the condolence messages. This was a sad incident. We have had fires in Gikomba Market, but this is the first time we lost lives. I thank Sen. Omanga and the local Member of Parliament (MP) for accompanying me to the site immediately the incident happened. We saw the extent of the damage. I have been to the site with different agencies of Government thrice and we also went to the hospitals. I am glad to note and happy to say that for the first time, Kenyatta National Hospital (KNH) did a good job with the survivors of this fire. They were treated well and we have taken care of the hospital bills.

Mr. Speaker, Sir, I ask for a few more minutes as the Senator affected. When we went to the site, as Nairobi leaders, we said that we are embarrassed because we keep going back to Gikomba Market and other different markets in this city after every fire. We look dishonest to the people because we give high sounding declarations and nothing is done. We said that we would not want to see ourselves doing that again. Immediately it happened, we had a meeting with the Cabinet Secretary of the Ministry of Interior and Coordination of National Government, Dr. Matiangi; the Inspector-General (IG) of Police, the Head of the Directorate of Criminal Investigation (DCI), the Regional Commissioner and all agencies that are involved. We told him to make a public commitment of serious investigations. We said that it cannot be that this fire could have been caused by arson and the culprits just go scot free. The IG actually The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, we need to make progress. In light of the requests made by several Senators and considering the gravity of the matter, I hereby refer the matter to the Committee on National Security, Defence and Foreign Affairs for consideration. The Committee should report back to the Senate in 30 days. Next Statement. Before Sen. Seneta comes with the next Statement, I have a brief communication to make.

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, pursuant to Standing Order 46(2)(a), I rise to make a Statement on an issue of general concern, regarding the notice to demolish houses allegedly built on riparian areas in Green Park Estate, Machakos County. Mr. Speaker, Sir, Green Park Estate, a residential development by Superiors Homes, sits near the banks of River Athi in Machakos County. As you may recall, during the most recent rainy season, River Athi broke its banks and, as a result, houses in the neighbouring Green Park Estate were marooned by water. Following this calamity, houses and property of residents were damaged, leaving the residents counting losses. Mr. Speaker, Sir, as if the flooding in the Estate and the loss of property was not enough tragedy, on 31st May, 2018, WARMA came calling on some of the residents of the Estate with the a 21 day notice to vacate the homes on the ground that the homes were built on riparian land. WARMA went ahead to earmark the houses for demolition. The estate developer, Superior Homes, went to court, arguing that the same authority and other government agencies had, in 2013, confirmed that the houses were outside the boundaries of minimum and maximum distance allowance in respect of the riparian land. Mr. Speaker, Sir, this confusion, whether intentional or otherwise, leaves a lot to be desired. The government agencies that cleared the developer to construct the houses several years ago are the same agencies that are now claiming that the houses are built on riparian land. Further, we note that there are very many developments in the country, especially in Kajiado, Nairobi and Machakos counties that sit on riparian areas, yet WARMA has not taken any action against the developers. This leaves me begging the question why Green Park Estate is the only target for demolition of houses. 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---

Use three minutes, Daktari .

Thank you, Mr. Speaker, Sir, for giving me this opportunity to support this Statement. First of all, I would like to thank Sen. Seneta for bringing to the House such an important issue. This issue needs to be investigated further because agencies dealing with disasters in this country are giving us conflicting information. This has not only led to loss of resources in Green Park Estate, but also caused residents psychological and social torture. They lost property as a result of floods. Even before they have come to terms with 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, Mr. Speaker, Sir, for giving me a chance to comment on this issue. I want to thank Sen. Seneta for bringing it up.

It is sad our country has gone to this level. Riparian land should not be developed. It is land that nature uses to filter our waterways and keep it clean. However, it is sad people who are supposed to take care of it, are the same ones who are corruptly allowing development on it. People are investing their money on it and putting up buildings, houses and shops because they have been given approval by the relevant authorities. A few months later, the same agencies drive tractors to demolish those buildings. How heart-breaking it is because they believed everything was in order! These are some of the things we need to take seriously. Something must be done to stop this. Somebody has been given the responsibility to make sure that grabbing of and building on riparian land stops forthwith. Riparian lands are important. They are not only important for those who build or grab it, but for all of us. It is a social resource for all of us. Nature has given it to us to keep our waterways clean. I am calling upon the Committee responsible for this issue to put its mind on this matter and establish what happened. We want them to come up with a lasting solution to stop this kind of thing happening again.

Thank you, Mr. Speaker, Sir. I am a Member of the Senate Committee on Land, Environment and Natural Resources. I can remember we had this issue before us. It is serious because when these plans are approved, I am sure the relevant authorities are aware. Even if they are not aware, if it is WARMA, it has officers within that county and sub county level. Therefore, it is a matter of officers not taking their work seriously. We have been seeing the affected Kenyans complaining very much on television stations. We need to go to the ground and investigate to know what happened. Mr. Speaker, Sir, I support the Statement by Sen. Seneta and we need to take it up as a Committee. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to contribute and to also thank Sen. Seneta for bringing this Statement. This issue is heart-breaking. On one of the television stations, there was a man who had retired and he used all his savings to buy that property. When the property was earmarked for demolition, he had a heart attack. When we saw him there, he was frail. It is a pity that one Government institution went to demolish a house and another one allowed it to be constructed, in the first place. I ask myself where the accountability to Kenyan citizens is, regarding such issues. For how long will Kenyans be languishing in poverty because of poor decisions, or corrupt construction companies colluding with corrupt Government officials and making Kenyans lose all their savings? Mr. Speaker, Sir, I also think that this Statement should be committed to a Committee because Kenyans deserve better than what they are being given. That man really touched my heart. I felt as if he was so much powerless in terms how that issue had impacted him. He had already retired. He is an old and sick man. Where are we expecting him to go after demolition? That is all his savings that he used to put up that house, yet the same said property is earmarked for demolition. Somebody needs to be accountable, whether it is the contractor plus the person who allowed him to construct. I think that man and similar other Kenyans who are about to lose their property, need to be compensated even if the people who contributed to that are individually responsible for that crime.

Let us have Sen. Mutula Kilonzo Jnr.

Thank you, Mr. Speaker, Sir. This issue has two fronts. On one, the middle level Kenyans are been exploited by people who we call real estate developers, but they are just grabbers. Sen. Sakaja, in your City of Nairobi, people are buying homes on top of a river along Argwings Kodhek, Kileleshwa and Kirichwa Kubwa. WARMA has now woken up all of a sudden because they realised they are going to be charged in court for negligence and they are putting marks all over Kileleshwa and other places. The building near Mbagathi roundabout is owned by a Member of Parliament; one of our colleagues. It is on top of a river. It is unfortunate that when one buys a home and documents are available to show that all inquiries have been made and due diligence has been done----. The situation at Green Park Estate was very sad. If you had troubled to travel there during the time these flood waters were raging, there was concern that people were going to be swept away from their homes by that river. Mr. Speaker, Sir, I also urge Kenyans to exercise due diligence because people can see that they are buying houses next to rivers. At the same time, WARMA should not allow Kenyans to buy homes and later on demolish them without due process. The people of Green Park Estate must be given due process. Superior Homes is guilty of this crime. If these homes will be demolished, Superior Homes must pay the owners.

Proceed, Sen. Adan Dullo.

Thank you, Mr. Speaker, Sir. I wish to support Sen. Seneta for this Statement. The problem we have in Nairobi is more or less the same with the problem that most of the counties have. As my colleagues have said, the big fish will not be held 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. Sakaja.

Thank you, Mr. Speaker, Sir. Very quickly, I thank Sen. Mary Seneta for bringing this. One of the most affected counties yet again is Nairobi County. Laxity in public service has caused untold damage in this country. It has caused damage financially, economically and also the loss of lives. Many accidents have happened because of laxity of institutions such as the Water Resources Management Authority (WARMA), the National Environment Management Authority (NEMA), and the National Construction Authority (NCA). Many examples come to mind, one of them being the Solai tragedy. While WARMA is busy trying to evict people in Green Park Estate, they had not issued a license for a dam of a capacity of more than 190 million cubic meters. They major on the minor and minor on the major responsibility on the mandate that they have. We need to strike a balance. We must save our riparian reserves in this country. Wrongs have been done in the past and we must correct them. However, it must come with some level of equity and fairness. It cannot be that you start destroying the livelihoods and properties of middle class and poor Kenyans. I have people who work along Nairobi River from Grogon, down Kirinyaga Road all the way to the area that was burnt in Gikomba. They are even suspecting that it is the Government that burnt it so that they can be evicted. It goes all the way down to Mathare River. They are being evicted before the rich people and Members of Parliament who own malls that are sitting on rivers. You can even call them reserves. Before you touch the people in Grogon and Mathare, go deal with Nakumatt Ukay, T-Mall and even the building across it so that people can understand that this is not being applied selectively. The balance must be that we need to correct those wrongs. Those who, because of acts of omission in the past, have allowed this to happen, must face the law. They must pay for their negligence. If there are people who made money from such illegalities, they must refund 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.

Proceed, Sen. James Orengo.

Mr. Speaker, Sir, I thank the Senator for bringing this important matter. You realize in our Constitution there are provisions to do with land use and land use planning. Those provisions were put there out of the realization that land was being acquired and used anyhow and this should be a wakeup call to the citizenry: That land use and land use planning would be part of our development component. In Nairobi during the colonial days, there used to be a master plan. In 1948, this city had a master plan. Had we followed that master-plan, this city would be a much better place. For example, there were areas that were not supposed to have high-rise buildings. It is by sheer anarchy and impunity that this city has come to be what it is. However, I agree with those people who were talking about having an even-handed approach. This is because the problem has been with grabbers in the land ministry. For example, you see a grown up man and somebody who understands the law. He buys land right on top of Nairobi River and builds a major high-rise building, expecting that nothing will happen. Only when he is told to bring that building down, is when they realize that something wrong happened somewhere. Once there are laws in place, the responsible officers should not wait until there is a development like the one in Mlolongo, Athi River. They should be there right at the beginning to make sure that such a thing does not take place. Therefore, I hope that we will be more conscious about use of land and land use planning so that people do not have to go through what they are going through at the moment. This city would have been one of the greatest cities in the world. In Washington DC, they decided long time ago that you cannot build a building taller that the Capital Hill and the Washington Memorial. In London, you cannot build a building taller than St. Paul’s Cathedral. That has been the case over centuries. However, in Nairobi, you find somebody who knows better and has been a senior person in government doing exactly the opposite. I hope that for this particular matter that has been brought to us, we shall feel the pain for those who are being told to be evicted. Once people have been allowed to build, please execute whatever orders you are executing with a humane approach so that people do not have to suffer unnecessarily. However, let us plan to develop and not try to catch up with development. We have got it wrong. We have to plan to develop and not the other way round.

Proceed, Sen. Mwaruma.

Thank you, Mr. Speaker, Sir, for this opportunity to support the Statement by Sen. Mary Seneta. I propose that this Statement be directed to the Committee on Lands, Environment and Natural Resources because they deal with issues of land and water resources. I remember in the last session, I proposed that we come up 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 have a brief communication. I would like to acknowledge the presence, in the public gallery this afternoon, of visiting students and teachers from Toror Primary School in Uasin Gishu County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them and on behalf of the Senate and my own behalf, I wish them a fruitful visit. I thank you.

Thank you, Mr. Speaker, Sir. I rise pursuant to Standing Order No.46 (2) (a) to make a Statement on an issue of general topical concern regarding anti- malaria drugs stock-outs in the country. Our nation’s greatness and prosperity depends on a healthy and vigorous population, more so, residing in our counties. In the last 15 years, the Kenyan Government has made great strides in preventing and controlling Malaria. However, this progress has not been uniform as some parts of the country, particularly my county of Nyamira and the counties of Kisii, Bomet, Nandi and Trans-Nzoia are still plagued by serious seasonal cases of Malaria. Mr. Speaker, Sir, we are aware that outbreaks of Malaria in these counties are most common during the wet season, which runs from March to July and from October 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.

Proceed, Sen. (Prof.) Ongeri.

Thank you, Mr. Speaker, Sir. I seek your indulgence to be given a little more time to deal with this issue, which is very important.

I had an occasion, as a Minister for Health, to deal with the endemic nature of the highland Malaria that we had in 1989, 1990 and 1991, and the kind of damage it did to the citizenry of Kenya. It is true, like Sen. Omogeni has said, that we have two types. The endemic area is dominantly occupied by the malarial parasites, particularly the Plasmodium Falciparum, which is normally in regions like Nyanza, Coast and other areas in Western Kenya. The low endemic areas like Machakos and other areas can also be invaded because of the nature of the treatment that we offer for our population. Therefore, it is important to know that there are more than four million Kenyans who are affected in one way or the other by Malaria every year. Out of those four million Kenyans, 5.1 per cent of our people perish because of a treatable and preventable condition of Malaria. This is a very pathetic situation. When you complicate Malaria with The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator. We have got a very nice overview from a doctor. I, therefore, request other Members after him to be brief because at exactly 4.00 p.m., we will move to the other Business. If you can take half a minute each, the better. However, you all have a minute each. Proceed, Sen. (Prof.) Ekal.

Thank you, Madam Temporary Speaker. I agree with the prescription that the doctor has just given. Therefore, Sen. (Prof.) Ongeri, please write that prescription down for us so that hon. Members of this House can use it to stay away from Malaria. Madam Temporary Speaker, even though I am from a desert region, Malaria is so prevalent there that you cannot believe it. Every time you go to the hospital, you will find many people suffering from Malaria and Typhoid. Many people actually succumb to these infections in those parts of the country. I am, therefore, calling upon those concerned – the Government and other institutions – to avail Malaria medication in the hospitals so that people can get them easily. Madam Temporary Speaker, I have noticed that people are expected to pay for Malaria drugs. With so much prevalence of Malaria in the country, I think such medicines should be free. Thank you, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Proceed, Sen. (Dr.) Langat; you have one minute.

Thank you, Madam Temporary Speaker. I will take the least time. I am not in agreement with Sen. Omogeni on the reduction of the preventive measure for the worst illness through condoms.

It is quite sad at this moment in time that people are still dying in this country because of Malaria, which can be prevented and cured. However because of human carelessness, people are still dying from this disease. Madam Temporary Speaker, I have noticed one thing in my county; that there is a great delay in the disbursement of drugs to counties even after payment of money to the Kenya Medical Supplies Agency (KEMSA)---

(Sen. (Prof.) Kamar): Thank you, Sen. (Dr.) Langat. Your time is up. Proceed Sen. (Dr.) Musuruve; you have one minute

Thank you very much, Madam Temporary Speaker, for giving me this opportunity to add my voice. It is very painful and heart crushing for this nation to be talking about issues of Malaria. The Government should move with speed and ensure that there are drugs in the affected areas. Madam Temporary Speaker, Sen. Omogeni has brought up an issue that needs to be handled with a lot of speed. There are big issues that we need to deal with as a country, for example, Cancer, which we have not resolved to date. Therefore, Malaria 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, Sen. (Dr.) Musuruve. Your time is up. Proceed, Sen. Shiyonga; you have one minute.

Thank you very much, Madam Temporary Speaker. I rise to support the Statement. It is unfortunate that we are talking about Malaria in Kenya 55 years after Independence. Many people have invested in this programme, especially those who are partnering with the Ministry of Health. It is important that we look into this issue, especially those programmes that are funded by partners from the Western countries. Madam Temporary Speaker, it is important that the KEMSA branches in counties be equipped with these drugs so that we avoid deaths as a result of Malaria. It is important that we eradicate Malaria right now, because it has taken a lot of lives in Kenya. Right now, all we need to think about is the eradication of Malaria. Thank you, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Thank you. Proceed, Sen. Halake; you have one minute.

Thank you, Madam Temporary Speaker. I am a bit worried that this House does not seem to be aware that almost 100 per cent of Malaria drugs are donor- driven. Therefore, as we stand here and say that we should have this and that, donors are telling us to finance our communicable diseases domestically. The Global Fund to Fight AIDS, Tuberculosis and Malaria, together with the United States Agency for International Development (USAID), have been the sole providers of Malaria drugs to this country. Even when they have provided these drugs, the distribution has been pathetic. Therefore, Madam Temporary Speaker, as we stand here and say what the Government should do, we should start by asking ourselves whether we are funding our own health care. Where is it supposed to come from? The stock outs will be there if we are not financing our own disease burden domestically. The disease burden of Malaria is solely driven by the Global Fund, and we should actually thank them for holding it all this time. But, surely, we should start looking at---

(Sen. (Prof.) Kamar): Thank you, Sen. Halake. Your time is up. Proceed, Sen. Cheruiyot; you have one minute.

Thank you, Madam Temporary Speaker; 30 seconds will be enough. I support the statement by my colleague and good neighbour, Sen. Omogeni. Madam Temporary Speaker, of late, Senators have been raising very interesting topics for discussion which, if we are not careful, we may reduce this House to be a talk shop if the people in authority do not hear the message we are telling them. I, therefore, 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. INSECURITY IN TURKANA COUNTY

Hon. Senators, Statement (d) is deferred and it will be the first Statement on Tuesday.

Let us now move on to Part (ii) of the Statements to be issued pursuant to Standing Order 46(2)( c) by the Senate Majority Leader. BUSINESS FOR THE WEEK COMMENCING TUESDAY, 10TH JULY, 2018

Thank you, Madam Temporary Speaker. Pursuant to Standing Order 46(2)(c), I hereby present to the Senate the business of the House for the week commencing Tuesday, 10th July, 2018. The Senate Business Committee (SBC) will meet on Tuesday, 10th July, 2018, to schedule the Business of the Senate for the week. Subject to further direction by the SBC, the Senate will, on Tuesday, continue with consideration of Business that will not be concluded in today’s Order Paper. On Wednesday, 11th July and Thursday, 12th July, 2018, the Senate will consider Business that will not be concluded on Tuesday and any other Business scheduled by the SBC. Hon. Senators, the following Bills are at Second Reading stage- 1. The Public Participation Bill (Senate Bills No. 4 of 2018); 2. The Disaster Risk Management Bill (Senate Bills No. 8 of 2018); 3. The Retirement Benefits (Deputy President and Designated State (Officers)(Amendment) Bill (Senate Bills No. 2 of 2018); 4. The County Statistics Bill (Senate Bills No. 9 of 2018); 5. The Local Content Bill (Senate Bills No. 10 of 2018); 6. The Physical Planning Bill (National Assembly Bills No. 34 of 2017); 7. The Irrigation Bill (National Assembly Bills No. 46 of 2017); 8. The Kenya Roads Bill (National Assembly Bills No. 47 of 2017); 9. The Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No. 12 of 2018); 10. The Impeachment Procedure Bill (Senate Bills No. 15 of 2018); and, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Temporary Leader of Majority.

(Prof.) Kamar): Hon. Senators, I realize this is a co- sponsored Bill and you will divide your minutes. The first Senator is Sen. Sakaja.

Thank you, Madam Temporary Speaker. Yes, this is a co-sponsored Bill. I am proud of the fact that this is, probably, the first of its kind in the history of our Twelfth Parliament. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Proceed, co-sponsor, Sen. Mutula Kilonzo Jnr.

Madam Temporary Speaker, my friend, Sen. Sakaja, is aware that the word ‘sponsor’ has a bad meaning in the public domain. 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): A minute, hon. Senators. Before the Bill is supported, I would like to make a Communication.

Thank you, Madam Temporary Speaker. I rise to support this Bill and the “super” Senators for Makueni and Nairobi City counties for co-sponsoring this very important Bill at a time when we are just having one disaster after another in this country. This is one such Bill that elicited a lot of goodwill and participation. I was there when we had the public participation and we had quite some very good contribution towards it. This Bill is one Bill that has been enriched by those that are stakeholders in this field. The Committee of National Security, Defense and Foreign Relations did receive a lot of views and contributions from the Kenya Red Cross Society, the United Nations, even walk-in Kenyans who were just concerned about disaster including Bunge LaWazalendo . They walked in there and had a written submission and made their oral submissions before the Committee. This is one such Bill that is being eagerly awaited by our citizens out there. Madam Temporary Speaker, this Bill comes out to try and bring order and organisation in the management of how we prepare and handle disasters when they happen. It has always been said that these disasters do not come knocking; they just happen. They can happen to and affect anybody. At all times, we should by now as 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. Mwaura.

Thank you, Mr. Temporary Speaker, Sir. I was wondering why you are not calling my name, after such a great move by the two distinguished Senators from the counties of Makueni and Nairobi, who have ably moved this great Bill. I rise to support the Disaster Risk Management Bill (Senate Bills No.8 of 2018). From the outset, I would say that this Bill is germane in two ways. First, it is co- sponsored by two Senators; I have never seen this before. This is very commendable and the spirit that we want. One of them is from Jubilee Party and the other one is from the National Super Alliance (NASA). So, this is really good; it is what we call bipartisanship. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity. You always give me the last opportunity, but today I am lucky. Mr. Temporary Speaker, Sir, I rise to support this Bill, which is very timely. Disasters in our country are, more often than not, caused by very simple and manageable incidents. There was a time I was involved in a task force that was going through schools, when there were several fire outbreaks. We realized that some of the causes were as simple as poor electrification, poor or irregular inspections, compromised standards and many such simple things. You would find that a qualified and certified engineer would be awarded a contract to electrify a particular institution, only for him to send the juniors to do the job for him to sign the certificate. Mr. Temporary Speaker, Sir, when it comes to the ill-fated Fly-SAX plane that crashed in the Aberdares, we reacted after 43 hours. People were psychologically tortured and nobody knew what was happening. In the Solai Dam tragedy, which was mentioned by Sen. Mutula Kilonzo Jnr., the report from the multiagency team set up by the Ministry of Interior and Coordination of national Government showed that the Solai dam had cracked a long time before the tragedy. What are we lacking? Mr. Temporary Speaker, Sir, in March, 2016, the United Kingdom (UK) Department for International Development (DFID)commissioned a development initiative to conduct a political and economic study on Kenya’s preparedness to disaster, and the report is amazing. One of the findings was that there are no existing legal frameworks in place guiding the country’s disaster preparedness. In line with this, I tend to think that this is the right time for this House to come up with the legal framework that will guide disaster management and preparedness in this country. The report also said that the country lacks a culture of preparedness; meaning there is little awareness and education to the masses on disaster management and control. The report also held that the resource allocation for disaster preparedness in Kenya appears to be increasing every year, but there is little value to show for it, as Sen. Mwaura has stated. It also shows that there is a lot of data and reports on disasters in our country. However, the irony is that there is little use of that data in decision making. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Sen. Lelegwe): Order, Sen. (Dr.) Langat. There is a point of order from Sen. (Dr.) Zani.

Mr. Temporary Speaker, Sir, I rise under our standing orders to check whether the Senator is in order to continually read from his notes, whereas he knows very clearly that debate is based on the debate, and not reading of notes in the Senate Chambers. Thank you, Mr. Temporary Speaker, Sir.

Sen. Lelegwe): Thank you Sen. (Dr.) Zani. Sen (Dr.) Langat, do you need to debate and refer to your notes?

Mr. Temporary Speaker, Sir, these are not notes, as such, but guidelines that I am using to assist me to make broad opinions. Mr. Temporary Speaker, Sir, it is also my opinion that it will include an area that will recommend provisions of funding for the purposes of mitigation. This is because I have not seen clearly an area that will manage the provision of funding. This is, therefore, a very important Bill---

Standing Order No. 84 (1) states that- “No Senator shall read a speech but a Senator may read short extracts from the written and printed papers in support of the argument and may refresh memory by reference to notes”.

Mr. Temporary Speaker, Sir, that is exactly what I was doing.

On a point of order, Mr. Temporary 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.

What is your point of order Sen.(Dr.)Zani?

Thank you, Mr. Temporary Speaker, Sir. I have indicated something that is clearly out of order. We are all here in the room and we can tell when there is reference and when there is a clear long reading of the text. It is quite clear that it was a reading and not a reference. Let us not say we were not reading when we were. Let us not say that we were extracting notes when we were actually reading big chucks of those notes. This is something we need to note quite tacitly for this Twelfth Parliament.

Thank you, Sen.(Dr.)Zani. Sen. (Dr.) Langat, you are not allowed to read a speech as indicated in our Standing Orders. However, you may refresh your points by referring to your notes.

Thank you, Mr. Temporary Speaker, Sir. I still believe that my guideline was not a speech. There is a great difference in reading a speech, which is what I used to teach in high school. These are just simple guidelines. As I have mentioned, according to the particulars of the report from the United Kingdom, this Bill is important because it assesses Kenya’s preparedness on disaster management. It is clear that we lack a legal framework. This is the foundation that will assist this country to get a legal framework that will guide all of us to manage finances for disaster, research, investigation and mitigation processes in our country. On top of that, I support what Sen. Mwaura has said. Many of our institutions are not friendly to people with disabilities. They struggle when it comes to disasters. While those with no disability have their own disaster management challenges, it is worse and more vulnerable to people with disabilities. This can be seen in most of the schools because up to date, they still lack facilities to support people with disability incase of any disaster. I support this Bill and congratulate the two Senators who co-sponsored it.

Thank you, Mr. Temporary Speaker, Sir, for giving me this opportunity to add my voice to this important debate. I commend the two Senators; Sen. Sakaja and Sen. Mutula Kilonzo Jnr., for coming up with this Bill for a common goal. It is a good show for all of us and a sign that the handshake is working. They have come up with an important Bill.

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

What is your point of order, Sen. Mutula Kilonzo Jnr.?

Mr. Temporary Speaker, Sir, it is a point of information.

Continue with the point of information.

Mr. Temporary Speaker, Sir, we drafted this Bill before the handshake. As you can see, the date of publication is 12th March,2018. The handshake followed our handshake with Sen. Sakaja.

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, Senator.

Thank you, Mr. Temporary Speaker, Sir. He has clarified that they had already done the handshake even before it became visible to all Kenyans. I thank him for that effort. The issue of disaster management is important and core for any Government. No nation can escape disaster; every nation is vulnerable. Disaster does not plan to come, it just comes. So, disaster preparedness is important for any Government. Mr. Temporary Speaker, Sir, disaster management has a strong constitutional backing. We fought for the 2010 Constitution of Kenya so that it can work for us. The Constitution has handsome and wonderful thoughts about the citizens of this country. Article 40 (1) of the Constitution clearly states that- “Subject to Article 65, every person has the right, either individually or in association with others to acquire an own property- (a) of any description; and, (b) in any part of Kenya.” It is the mandate of the Government to protect the property of its citizens; it is a constitutional requirement. Disaster in itself defeats the Constitution that we have fought for and cherish. So, there is need to manage disaster so that the Constitution can work for us in a wonderful way. Mr. Temporary Speaker, Sir, the impact of disaster can sometimes be terrible. Sometimes people lose their properties. A real example is what happened in Gikomba Market where people lost the merchandise that they had sought for, for many years. It is constitutional to safeguard people’s property. Disaster comes with immeasurable negative impact. For example, the Gikomba and Solai instances where people lost lives. This undermines what the Constitution stipulates. Article 26 (1) of the Constitution clearly states that- “Every person has a right to life”. When people lose their lives, it undermines what the Constitution stipulates. The Constitution desires that as we lead our people, we put in place mechanisms that will ensure that their lives are not jeopardized. Mr. Temporary Speaker, Sir, disaster does not announce itself. However, its impact has a negative effect on the security of a people. For example, in the 1998 bomb blast situation where parents died, some children became vulnerable and insecure orphans. Article 43 (1) (e) of our Constitution states clearly that everyone has a right to social security. Therefore, even as we talk of disaster management, we have to know clearly that we are in line with the Constitution and doing what it demands. Mr. Temporary Speaker, Sir, sometimes disasters are natural, for instance, an earthquake. No one knows when there will be an earthquake. All of a sudden, when an earthquake occurs, people fracture their legs or become disabled or lose their lives. There are also man-made disasters, for example, in the case of the Solai Dam incident, where The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for this opportunity. I rise to support this Bill. I serve in the Special Committee that is investigating the Solai Dam disaster, as Sen. Mutula Kilonzo Jnr. has mentioned. Indeed, what we have learnt from the investigations is a clear sign of how much this country needs this Bill. I commend Sen. Mutula Kilonzo Jnr. and Sen. Sakaja for coming up with this Bill. From a quick reading of it, you can see how much it has been researched and deeply thought through. I want to commend them for it. Frankly speaking, even after sitting through the Solai Dam tragedy investigations, I can see each aspect of disaster preparedness, management, risk, mapping and everything to do with coordination of the various authorities, bodies and everyone who takes part in disaster management have been incorporated in this Bill. I truly must commend these two Senators for the amount of work that have put into it. There are certain areas maybe I can highlight because it really touched me when we were investigating the Solai Dam tragedy. For instance, early warning systems are clearly lacking in this country. How many lives would have been saved if they were in place? I can see that has been put in there for the National Disaster Risk Management Authority (NDRMA). They have also put in a factor of lessons learnt and a documentation to monitor, evaluate and document them. For example, every year we run to Gikomba Market to put off fire. Look at the flooding and the buildings that collapse every year. A documentation of the lessons learnt is a very fine addition for this authority that has been proposed in this Bill. Clause 5(k) says- “The Authority shall- co-ordinate preparation and maintenance of the national, county and sub-county disaster risk atlases including databanks and information on potential hazards and vulnerabilities.” It is another extremely fine touch which is highly needed in this country. I know of various bodies and organisations that have been trying to manage disasters. We can see someone trying to organise ambulances. This is because we still do not have a working 999 or 911. This Bill is will sort out that, not just at the national level, but also at the county level. Everyone in this country has been a victim of disaster in one way or another, directly or indirectly. Here in the city we might be a little better off because services 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. Nyamunga. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir, for giving this opportunity to support this Bill that has been brought to this House at a very critical time. I take this opportunity to first of all, commend the two Senators for working together and coming up with such an important Bill. Much as one of the Senators who is in charge of this Bill was not in agreement that it is part of the “handshake”, I believe there is some handshake. The experience we have in Kenya right now of harmony, working together, moving forward together and comparing notes is, to me, a very good sign of the presence of the “handshake” that has brought this country together. We want to continue building on it from time to time, to make sure that it does not slip backwards. Mr. Temporary Speaker, Sir, I commend the two Senators for bringing up this Bill. It is very important that we have it at this time. It is not that we do not have enough laws in this country or that we are not in a position to manage our affairs. In my view, I think that we, as Kenyans, are not very responsible. We are prone to being reactive instead of thinking through and putting structures in place that can support the running of this nation. The way one runs a country should be so systematic in a manner that everything falls in place. We can put this Bill into place. To me, it is a very good one. On Clause 5 on the functions of the National Disaster Risk Management Authority, once put in place, we will have done a lot to the people of this nation. Disaster risk management is not only about Kenya as a nation or our counties, but it goes down to the level of our families. I wonder what happens or what our children can do if they are faced with a problem at home. Think of a water tap, which could be left running; think of the gas, which could have been left on by mistake; think of a candle, which has brought many families down, more so in the informal sectors, like what we saw in Gikomba and what we always see in slum areas. The moment one makes a simple mistake of just leaving a candle on, it can bring a big disaster to a whole estate or a large place. Therefore, in my view, when it comes to disaster management, we must start it at the lowest level. It has to be something that is instilled in our people at a very early stage. It should be like first aid, which all people know. This should even include my house help and young child at home and any old woman. They should know that you cannot live with a charcoal or kerosene jiko in the house and lock yourself in. They should know that you cannot leave a candle or the local type of lamps on. These are still being used in some parts of this country. It should start at that low level coming upwards. Mr. Temporary Speaker, Sir, I do not think that we do not have enough laws in Kenya; we have them. We also have the Department of Special Programmes under the Ministry of Devolution and ASAL. During the floods, food was there, however, it took a lot of time to reach the people on the ground. That problem has already been alluded to by most of the Senators who have spoken to this Bill. We must put in place structures which are operational and functional. We must know that when there is a disaster, someone needs to call so and so or a particular number, and it should be reflected in the whole country. Consequently, help should come within the shortest time possible. Mr. Temporary Speaker, Sir, I know that our infrastructure is not very good. For example, during the Gikomba tragedy, the major problem experienced was the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Temporary Speaker, Sir. From the outset, I support the Bill, because it is a nice one. We, in Kenya, write a lot of good things, but there is no implementation. The two Senators have done a wonderful job. However, there is something called the National Drought Management Authority (NDMA), which sometimes talks about disasters but it may never do anything, literally. The Office of the President also has the National Disaster Operations Centre (NDOC); the military and the police also have a disaster management sections, but you never see these people during disasters. The only people you see of late when you run around are the so-called Kenya Red Cross Society (KRCS). In the areas of disasters, they are always the first people of call. The only times I usually see the police is when fuel tankers overturn and people rush for the petroleum products. That is the only time they save the people because most of the time when people are struggling to collect those spoilt resources to go and feed their families, they get into problems. 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. (Dr.) Zani.

Thank you, Mr. Temporary Speaker, Sir. I would like to thank Sen. Sakaja and Sen. Mutula Kilonzo Jnr. for bringing up this Bill. I want to go directly to some of the issues and pick on specific clauses. It is a very structured Bill because it creates various organs from the national Government to the counties. I wish it could go a bit lower to community initiatives with many women in it who can come up with very dynamic methods of dealing with disasters using the African traditional methods of dealing with hazards. However, it goes to the Authority which is at the county level and it is very good. Clauses 5 and 15 are interlinked and they clearly give the responsibilities of the Authority which is the key organ in this Bill. I will go straight to Clause 26 and link it with Clause 30 which is the main part because it deals with the funds. When I first looked at this Bill, I went to Clause 30 before I looked at Clause 26. My question was on where the money is coming from. However, I quickly saw Clause 26 which touches on the money that is going to be appropriated from the National Assembly. But still, in Clause 30 where we have the Disaster Risk Management Fund, it is still very loose. This is because it is where the money is going to be put to be used for the disasters. I can imagine this issue of funding with the levels of disasters we have had. There have been a range of disasters right up from 1991 to 1993, that is, the drought that affected 1.5 million people in northern Kenya, another disaster in 1994; the Mtongwe- Mombasa ferry accident which killed 270 people, as well as the El Nino disaster. We are talking about massive hazards that need a lot of money. I feel the whole clause does not give an insight into the amount of money to be put in there. This means that if an authority is not keen to put the money where it matters, we are going to end up with a very good Bill but a handicapped group of a nice board that is well constituted, but will not be able to utilize the money. 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, it is now 6.30 p.m.; time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until, Tuesday, 10th 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.