Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Moi Forces Academy, Lanet School in Nakuru 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.

Hon. Senators, I would also like to acknowledge the presence in the Public Gallery this afternoon of visiting students and teachers from Matiko Secondary School in 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 my own behalf, I wish them a fruitful visit. I thank you.

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

Mr. Speaker, Sir, I join you in welcoming the two delegations to the Senate of Kenya. I notice that most of them are young girls. I hope that this afternoon they will be inspired about leadership and also leadership of women. We need the girls and women of Kenya to continue to play their roles in leadership to address the issues that affect young girls and women, and to create a level of development that will make all of us proud in this country; addressing social, economic and political issues. As we debate this afternoon, the guests will realize that we are looking at issues affecting counties because as the Senate, we are here to protect the interests of counties especially in the realm of devolution. Mr. Speaker, Sir, I join you in welcoming them. Thank you.

Please proceed, Sen. Olekina.

Mr. Speaker, Sir, I would like to welcome the students to the Senate. It is important to note that, currently we are experiencing a big problem in this country because of either fear of exams or fear of the unknown. I encourage the students that their last year in school should not be a year for them to try and destroy their future. It should be a year for them to prepare for what is unknown. That is the excitement of life. I encourage them that when they go back, I know that they have friends in other schools and other counties. They should talk to them so that they can stop this menace of burning our institutions. The schools are what have helped us to be here. I encourage these young girls to aspire to be greater people and be seated here. The only way that they can be able to come and sit here is by them beginning to be responsible at an early age in high school. Mr. Speaker, Sir, I welcome and challenge them to look at all these men and women who are seated here; honourable men and women; that they use us to mentor and guide them into the future because we are who we are because somebody loved us, took care and believed in us. When they start showing responsibility in school, then this country is going to be a good place. I thank you.

Mr. Speaker, Sir, I thank you for this opportunity. I join you and my colleagues in welcoming the students who have paid us a visit today. I would like to reiterate what Sen. Olekina has said, that as we experience the wave of crime in schools, I encourage the girls who are visiting us today that no matter the situation they face in school or at home, tomorrow is always a better day. They need to persevere and confront the issues that they face. The Cabinet Secretary in charge of Education has pronounced herself on this matter. She said that for those students who are found to engage in misbehaviour, including destruction of property, it will become a record in their school leaving certificates and it will follow them all the days of their lives. I encourage the girls that have visited us today to follow the proceedings and be inspired and aspire to join leadership as we did in the best interest of this country. I thank you.

Please proceed, Sen. (Dr.) Langat who is also the Chairperson of the Committee on Education. 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 thank you for giving me this opportunity to join you and my colleagues in welcoming the students in the Public Gallery. I encourage the students that this is the time to prepare for their future. All of us were once students. We did not even get an opportunity to come to the place that they are in today. They can learn a lot from their visit to the Senate. As the Chairperson of the Committee on Education, Senate, I would like to tell them that discipline is core for success. As we have seen, there are currently a lot of issues in schools such as burning of schools and students’ indiscipline. I would like to tell the girls in the Public Gallery that drugs are a reality in schools. So many times we visit schools and realize so many people peddling drugs. Cheap students can easily engage themselves in drugs hence becoming destructive and destroying themselves. I encourage the girls in the Public Gallery that they have a future. They should be disciplined and engage themselves in debates the way we are doing here. This great House awaits them in future. Welcome to the Senate. Thank you. VISITING EXECUTIVE FROM GOOGLE USA

Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a visiting executive from Google United States of America (USA), Mr. Daniel ole Ting’a, in-charge of Information Communication Technology (ICT) delivery at the Office of the Chief Information Officer (CIO). Mr. Ting’a is currently in Kenya to strategize on ICT capabilities and enablement for both the Government and private sector. He is also assisting in the setting up of a call centre in Narok County which will employ 200 youths in ICT support. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to Mr. Ting’a. On behalf of the Senate and my own behalf, I wish him a fruitful visit. I thank you.

Mr. Speaker, Sir, I would also like to welcome my good friend, Mr. Daniel ole Ting’a, for the good work that he is doing in ensuring that these students have a bright future; setting up a call centre in Narok County which will employee over 200 youths. We are looking at the older people. We are looking at the youth. Therefore, the work that Google is doing is good in terms of ICT. We should encourage most of the youth to partake courses in ICT because they offer jobs which are not the usual traditional office jobs. You can sit at home and work. I, therefore, welcome Mr. Ting’a and encourage him to not only focus on Narok but to also go to Kajiado, Samburu, Marsabit, Bomet and all the 47 counties to ensure that we are able to employ more youths. I thank you.

Mr. Speaker, Sir, I also join you and my colleagues in welcoming Mr. Ting’a from the USA. As a Member of the Committee on Information, Communication and Technology, I wish to tell him that he is most welcome to Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, allow me to first welcome the students who have come to visit us in Parliament today. I encourage them that even today is a future that they once hoped for before. The world is their oyster. If they choose to defy their present gratification, they can be anything that they choose to be. Everything that they require is provided for them including the opportunity to engage with their leaders. I wish them all the best as they pursue education. I am sure that amongst them, we have people who are the trustees of our country’s posterity and that they will change this country in whichever sphere they will get into. Leadership is not a position. It is not about being a Member of Parliament (MP) or a Senator. Leadership is influence wherever they might be. I wish them all the best as they move along. Mr. Speaker, Sir, I also wish to recognize Mr. Daniel ole Ting’a. I do not know whether he is related to the “Tinga” that we know. I welcome him to the Senate of the Republic of Kenya. Mr. Speaker, Sir where he works in Google in the United States of America, I have had the chance to visit the headquarters. I have also had the chance to go to Alwalton in San Francisco; what they call the Silicon Valley. They recognise that Kenya is the emerging Silicon Savanna because of the kind of interventions and innovations that are coming from our young people. I encourage the young people of this country; I know he is starting a project in Narok. I am proud of my young people in Nairobi at Nailab, Ihub. The kind of innovation coming up is world changing. We are living in a world that is now driven by information technology, powered by data. We must ensure that our children, right from the lowest level of education have the tools with which to compete. Today our young people in Narok are not competing with young people in Bomet but they are competing with young people in Japan, in the USA and all over the world. Consequently, we must give them the same tools that all of them have across the universe. Thank you. We hope to see better work from you. We are glad that one of your former colleagues Mr. Mucheru is a Cabinet Secretary in our country and we can see 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.

Next order.

Mr. Speaker, Sir, I would like to present a petition on behalf of Nairobi traders. This is a petition to the Senate concerning the fight against counterfeit and contraband goods in Kenya as well as the challenges that the Nairobi traders are facing. We

Hon. Senators Pursuant to Standing Order No.225 I shall now allow comments, observations or clarifications in relation to the petition for not more than 30 minutes. Yes, Sen. Wetangula.

Mr. Speaker, Sir I laud the Senator for Nairobi for bringing this petition on behalf of small traders. This is one country where the small trader is least valued. Yet if you go to places where there is no government and it is the Nongovernmental organisations that run the lives of people; you will find small traders toiling and moiling day and night to make sure people access goods. In my long career as a legal practitioner I have been very close to the Somali community. There is a point that he has raised that has made me come to speak to this. You will find a container or consignment of Kshs50 million and the biggest investor in that consignment will probably be of Kshs2milllion. It will be a whole range of people; The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Sen. Wetangula. Proceed, Sen. Olekina.

Thank you, Mr. Speaker, Sir. First, I rise to support the Petition brought by the Senator for Nairobi County on behalf of the small traders. It begs a big question as to what the job of the County Government of Nairobi is, in terms of licensing small traders. If we are not careful, one day we will have a million ladies or young men from China and before we realize it, our entire population will be converted into Chinese. This is very serious!

Mr. Speaker, Sir, the challenges we are facing in this country are all about protecting the integrity and future of this nation, Kenya. I know that my good friends find 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 to support the Petition brought by our Senator for Nairobi. It is, indeed, very sad because small traders are mostly youth. This Government has pledged support for the youth and so I do not understand why these agencies are quick to fight the youth. In fact, we expect that they would be organizing them to solve their problems or to make their businesses more efficient and effective as opposed to fighting them. It is, indeed, very sad. 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 congratulate my good friend, Sen. Sakaja, for bringing this Petition. We are aware that last week, traders demonstrated, complaining of unfair trade practices in this country. Mr. Speaker, Sir, some of us are young and it is sad that most of the people who have been affected by this fight against contraband goods are young people. In as much we support the Government in the fight against contraband goods in this country; it should not become a licence to stifle people of their success. Some of these fights have been taken a notch higher by the police. I had mentioned earlier that, nowadays, the police in my county walk into people’s kiosks and dukas and declare that some of the things are contraband. What are the KEBS and the KRA doing? What capacity do the police officers have to know whether the goods in shops or kiosks are contraband goods or not? The Kenya Revenue Authority (KRA) and the KEBS should be charged for negligence. Why are there contrabands goods in our country? Why are police taking advantage of the situation to harass the small business traders? I hope the relevant Committee will give us a far reaching solution to this problem. I want to see our young and enterprising people enterprising given opportunities to eke out a living because the Government cannot employ everybody in this country. If we want to create more opportunities for the young people, we must create a conducive environment. I urge the Cabinet Secretary for Interior and Coordination of National Government to be careful in some of his utterances because he may land into problems. For example, there is somebody who has sued the manufacturers of trust condoms because he suspected they were substandard. To him, they were contraband and he is seeking for compensation. There is a failure by the KRA and KEBS; that is why we have substandard goods in the country. Secondly, there is a legal framework which does not allow some jobs to be done by foreigners. I want to agree with Sen. Olekina that if we are not careful, we might find a Kenyan Chinese. I have been told that along Thika Road, we have some Kenyan Chinese. There are roads being constructed by the Chinese in Western Kenyan and other parts of the country. Even in my learned senior’s region - Sen. Orengo’s region - there are many Kenyan Chinese. That is unfortunate. We need to enact a law where foreigners will not be allowed to sell maize and involve themselves in small scale businesses that ordinary Kenyans can do. Dr. Fred Matiang’i, the CS, in some areas is doing a great job for this country. We saw him 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 am rising in support of what I have heard from the Senator for Nandi County and the Senator for Narok County say with regard to this Petition. Mr. Speaker, Sir, probably now you will be allowed to enter the Port of Mombasa because you are the Speaker of the Senate. However, if you go there as an ordinary Kenyan, you may not be allowed to enter. I have tried to go through the ports during the time the road through Makupa Causeway had a huge traffic, but it is not easy even if you are a Senator. Even if you hold whatever position in the Government, entering it is extremely difficult. Yet, you find circumstances in which containers of contraband or counterfeit goods going through it. They do not come in single items, but they come in containers. They are able to go through the port and enter the market. The question that should be asked, and has been rightly put by the Senator for Bungoma County, is that whenever you find contraband goods in the market, the starting point is to ask the KRA and to that extend the KEBS. When you go any country, the people who keep economies running are the middle level and small business. In Nairobi City County, for example, if you go through Kenyatta Avenue, River Road and Ngara, it is the small businesses that keep the economy running. In addition, if you go to New York City, it depends on small business. In fact, there was a time when President Bill Clinton was saying that 60 per cent of the business that takes place in there is by small business and traders. Mr. Speaker, Sir, if you have the police and state officials running amok, trying to harass and intimidate small business without dealing with the source of that problem, we are causing misery and loss to many people who are otherwise very innocent. I support this Petition. I hope that when it goes to the Committee, it will be dealt with in a comprehensive way so that some understanding comes out on why some of these things are happening. I have been in a situation where somebody imported medical equipment and who had all the papers, but all that was burnt in the name of counterfeit. He had done everything possible under the law, but at the end of it of all, a lifetime investment was ruined. He had taken loans from banks and he had even bought insurance covers in order to import the medical supplies. We will be doing a great service if we can protect small businesses and small traders in this country. They look like they do not matter, but if you look at the City of Nairobi as a whole, from end to end, what keeps the economy going are these small businesses. They 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 add my voice on this important Petition. Allowing counterfeit products into our markets is an economic crime which is committed against the businessmen and citizens of this country. Besides, the pretense of fighting counterfeit products at the expense of our young people and small stakeholders is an economic crime. Our young people should not be fought in the pretense of fighting counterfeit goods entering into the country. We need to be serious on big traders who import counterfeit goods everyday into this country. I therefore urge the “Super Senator” of Nairobi City County to go further, once this Petition is presented to the Committee. The Committee should first look into the capacity of KEBS. If there is a Government agency that is punishing and letting down this country, it is KEBS. The Committee should therefore, investigate the capacity of KEBS and whether they are even able to look into the standards of products that are entering into this country and those that are being sold. Do they even have the competence? Under what policies and regulations are they enforcing some of the weird and careless restrictions that we are seeing them implement? In fact, when we talk about the imported sugar that was said to be contaminated with mercury and other contaminants, I thought that the first recommendation we could have seen from them was the disbandment of KEBS or its investigation because it is the one that is letting this country down. The Committee should therefore, not let us down. Theyshould look into this Petition very seriously. They should not only look at counterfeit products in terms of those that have been denied entry into the country, but also all othercounterfeit products we see in our markets today. We are not safe as a country. We are told even the medicine we take and the bottled water we see around, we do not know who has looked at the standards. Today, there is nothing we can trust to be very safe whenever we are buying. We are also buying things that are sub-standard. You buy shoes today or any household item, and it does not last because these are counterfeits products that have been carelessly allowed into the country. I think it is high time that the Ministry of Trade should look into this. I urge our Committee to look into this Petition very seriously and report to this House on what measures are to be taken after this.

Hon. Senators, we only have five minutes. So I will give Sen.(Prof.) Imana Ekal to conclude. 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 chance to contribute to this very important Petition. The small traders are the young people of this country who are trying very hard to make it and get out of their situation. In a country without enough jobs for our youths, we should be supporting and encouraging small traders, organise and find them places where they can sell their wares so that they can make it in a very difficult situation. When I was a young person just out of college, I already had a letter of appointment telling me where to go and work. I found one university student who is doing a degree whom I found in a hotel that I booked today. He was just telling people which rooms were available and so on. That is awful and just how low we have gone as a country. Our youths graduate out of university with degrees and still do not have jobs. Due to that, the youth are becoming creative in such a way that they want to sell what they have. We need to support them instead of beating and chasing them away. They need our support. I support what my brother, Sen. Olekina, said about the prevalence of Chinese all over this country. We are really inviting disaster. I went to buy a car the other day in one of the warehouses and the guy that was showing me cars was a Chinese! I was surprised because I looked at this guy and said, “You do not even know enough English and here you are taking me around, telling me this car is better because it is this---.” Is this something that a Kenyan youth cannot do? It seems that there is something wrong with our systems. In countries such as the US and in fact China - we were there the other day - as a Kenyan, you cannot just go there and start working. You have to have the right papers to work. Otherwise, you just go there and languish in your poverty as a foreigner, yet, these people are just coming to Kenya and getting jobs and taking them away from our youth and we support them. Mr. Speaker, Sir, China is so heavily populated. The last time I looked at its population, it was 1.4 billion people. It is so heavily populated that they are looking for places in the world where they can go. I think Africa is the next Chinese continent. Let us not take what Sen. Olekina said for granted and then we start laughing.We need to start looking into the prevalence of the Chinese as something serious. We may be displaced and find just a few of us in our own country because foreigners are coming in enmass . Thank you, Mr. Speaker, Sir.

Honourable Senators, pursuant to Standing Order No 226(1), the Petition stands Committed to the Senate Committee on Tourism, Trade and industrialization. In terms of Standing Order No 226(2), the Committee is required, in not more than 60 days from the time of reading the prayer, to respond to the petitioner by way of a report addressed to the petitioners and laid on the Table of the Senate. I thank you.

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

Mr. Speaker, Sir, I beg to lay the following report on the Table:- Report of the standing Committee on national security, defence and foreign relations on the Disaster Risk Management Bill (Senate Bills No. 8 of 2018). This is for the benefits of Members. The Bill has already been moved and it is to guide deliberations as Members debate it in the Second Reading.

Next Order!

Mr. Speaker, Sir, I beg to give notice of the following Motion:- AWARE THAT Article 43(1) of the Constitution provides that every person has a right to the highest attainable standard of health, which includes the right to health care services; NOTING THAT cases of mental illness are on the rise with 1 in 4 Kenyans likely to suffer from a mental disorder at some point in their lives, coupled with the fact that many Kenyans with mental illness do not receive adequate treatment; CONCERNED THAT the World Health Organization has ranked Kenya sixth, among African countries with the highest number of depression cases; DEEPLY CONCERNED that there exists internal inequities in the distribution of the already low numbers of mental health workers in Kenya with the available professionals being concentrated in cities leaving rural areas with very few professionals if any; FURTHER CONCERNED THAT, delivery of mental health services is facing a myriad of challenges key among them, inadequate and understaffed rehabilitation facilities and outreach programmes leading to the provision of insufficient mental healthcare services at the psychiatric units; NOW THEREFORE the Senate calls upon the National Government in collaboration with the County Governments to- (1) increase the number of specialized well equipped mental health facilities and develop effective outreach and other mental health 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): Next order! Proceed, Sen. (Prof.) Ekal.

Thank you, Mr. Speaker, Sir, for giving me the chance to make this statement. Pursuant to Standing Order 46 2(a) I rise to make a statement on an issue of general topical concern regarding insecurity in Turkana County that has paralyzed crude oil extraction and transportation from the county. As you may be aware, tension has been rising in Turkana County over insecurity and management of exploration, extraction and transportation of oil from the county. Residents of Turkana County on 27th June, 2018 blocked trucks from transporting crude oil from Ngamia 8 in Lokichar to Mombasa. The demonstrators demanded that the trucks be driven back to Africa Camp Solutions where Tullow Oil Company has its offices and logistical center. The residents gave their reasons for blocking the road including insecurity, failure by the exploration company to offer residents jobs, discrimination of the local community in awarding of tenders and criteria for sharing out the community’s share of profits from the oil. Mr. Speaker, Sir, despite the shoot to kill order by His Excellency the President on bandits terrorizing residents of Turkana and Pokot communities, several bandit attacks have been experienced in the county. The most recent attack being three police reservists who were shot dead and livestock stolen at Lokor Ward where the first four oil trucks were flagged off. This is what has escalated the current demonstrations by the locals. Turkana County is one of the poorest counties in Kenya. The Kenya National Bureau of Statistics (KNBS) indicates that 88 per cent of the people in the county live below the poverty level compared to a national average of 45 per cent. Since the oil discovery in Turkana County, Turkana residents have been protecting the oil in the hope that development will be accelerated in the county. It would only be fair that they too benefit and move from the abject poverty to absolute wealth. Mr. Speaker, Sir, the importance of oil in the country’s future economy cannot be overstated. These ongoing conflicts are likely to hurt the steps that has been taken in oil 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. Wetangula.

Thank you, Mr. Speaker, Sir. I rise to join the distinguished Senator for Turkana County in the Statement he has made about insecurity in his county. I was in Turkana County last week. Everybody who stood up to speak was crying about security. In fact, at the time, two Members of Parliament (MPs) from Turkana had actually led the citizens into blocking the highway so that the oil from the fields of Lokichar could not leave the county. Their message was very clear: “We are looking for attention because of insecurity.” Mr. Speaker Sir, it is totally unjustifiable for parts of this country to be like the Wild West. In Turkana, Samburu, parts of Wesk Pokot, and Baringo, people live as if there is no structure of leadership to protect them. In the legal framework of social contract, a citizen surrenders his right to defend himself to the state so that the state can defend him and his property. Turkana County is even in a bigger jinx because of the oil discovery. When I was in Turkana, I said that I would expect that the people of Turkana County will shift in no time from despicable disgrace to amazing grace and from abject poverty to opulence and wealth that will change the lives of people. However, if insecurity remains the order of the day then even being wealthy is meaningless. You cannot enjoy the little or the much you have because of insecurity. As I join the distinguished Senator for Turkana County in making this important statement, I urge that extraordinary problems require extraordinary solutions. As a matter of urgency, the Government should have a Marshall Plan on Turkana County and the counties that are bedeviled by insecurity, not to forget Garissa, Lamu and counties that are constantly under attack from Al Shabaab bandits. Mr. Speaker, Sir, in Turkana County, it is not Al Shabaab. It is an internal problem where we are unable to manage the intercommunity interactions between the various nationalities of this country. More importantly as I finish, the problem of Turkana County is more complex than ever before because people are not fighting about rustling cattle, stealing goats and sheep or hijacking young girls to make them wives. We now have oil. We have very valuable lessons from Nigeria. The Ogonis started complaining about appropriation of oil by the Nigerian Government in the same way that the Turkanas are doing today. 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, Sen. Wetangula. Proceed, Sen. (Dr.) Langat.

Thank you, Mr. Speaker, Sir. I would also like to support this particular Statement. For very many years, when we were young and in school, we used to hear of insecurity in Turkana. These people are insecure economically and this is a semi-arid region with a lot of challenges. They also lag behind when it comes to education, although their children are hardworking. There are some years that they used to lead in the country despite all the challenges. This insecurity has risen to a higher level; from cattle rustling to now interfering with their God-given oil in Turkana, which everyone hopes will open Turkana County for greater development and economic stability. Since insecurity is becoming a threat to economic growth in Turkana County, our Government needs to increase security measures in that county. It is possible to put in place measures and control insecurity in this country. We have got enough security personnel, but I tend to think that staffing, when it comes to matters to do with security, has a problem. More often than not, they send people who are not experienced, like young people from college. At times, indisciplined officers, who become problematic in other places, are sent there. That place has been set as the Siberia, which we used to learn about in school, for punishing indisciplined security personnel. The Cabinet Secretary (CS) in charge of security must put in place measures to make sure that security in this particular county and the whole country is taken seriously, knowing that the oil will be of economic value to this country at large. It is the high time that security matters are taken seriously in this country so that we live secured. If we are not secure in our country, where else shall we go to get security? This matter must be taken seriously and even the Committee that will be given this particular issue to deal with must do its work seriously. The fact that there is a Bill on the same issue means that it is becoming a concern. This security matter must be taken seriously by our Government and particularly, this House. We must stand together to make sure that there is security in our country. There are also other issues that are contributing to insecurity even in other places, for example, unemployment of the youth. Yesterday, when we were coming from the funeral of the late Senator for Migori, Sen. Oluoch, the town that we passed through was crowded by youth who were saying: “Give me Kshs50; give me something.” Passing through the town almost became impossible. That also causes insecurity and it is the case The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, the Senate Minority Leader.

Thank you, Mr. Speaker, Sir. The distinguished Senator for Bomet County has not understood some of the tools of Kenyan politics. If you are the Speaker and you are stopped in Kisumu, you know what to do, and you will be cheered.

Mr. Speaker, Sir, this is a very important Statement and we commend the distinguished Senator for Turkana County. Sometimes resources like oil, as he has said quite rightly in his Statement, can be a curse. If you look at some of the countries with the greatest resources in the world, they are not necessarily the countries that are doing well. There are some countries without mineral resources or even commodities that could be sold in international market which are actually not doing well. However, there are countries which are just based on providing services and communications and they are doing quite well. If you look at what is happening in the Democratic Republic of Congo (DRC), one of the richest countries in the world – I dare say – an ordinary Congolese from that country cannot be proud of the wealth and resources in that country ever since they attained independence from the Belgians. The colonial powers priced those countries because of their resources. Angola, even after getting independence from the Portuguese which they had to fight for over years, is not yet out of the woods. In the northern part of Africa, even where there was stability like in Libya, although without democracy, the resources of oil are not giving the returns that Libyans expect. Therefore, the oil found in Turkana cannot be for the benefit of this country and more particularly, for the Turkana County if the problem of insecurity there is not addressed. I dare say that the question of insecurity in Turkana and Pokot is becoming an embarrassment because they are not beginning today; they began even before Independence. One would have thought that, now with our Governments in the post- colonial period, we would be able to offer peace and security for Turkana and those other counties which, for all that period, have not known peace and stability. So, for us to get the premium from oil as a nation and a country – leave alone Turkana – the issues of peace and security, law and order should be addressed. It is not peace as we understand it; it is peace as the people who are in Turkana themselves understand peace to be. This is because sometimes we think that by taking policemen there and giving orders of shoot-to-kill we are creating conditions of peace. That may not create peace in Turkana. The people in Turkana and Pokot have learned to be very good marksmen; they are better than even our police forces. However, they do not shoot to kill. They shoot to defend their property, livestock and territory. So long as you do not guarantee them peace, they will continue to get means and tools of providing peace and security 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.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to contribute to this Statement. I also thank Sen. (Prof.) Ekal for this Statement. Oil is a very important commodity; very few countries own it and, as a result, they become very wealthy. Oil can help us, as a Nation and also the people of Turkana County, who languish in poverty. As the Senator clearly said, about 88 per cent of the people in that region languish in poverty. All along, we have been looking at how to work on the Sustainable Development Goals (SDGs), because SDG One states that we have to look at ways of eliminating all forms of poverty. If the people of Turkana County have languished in poverty, there is now the need to find how we can break the cyclic nature of poverty in that County and help them so that the oil can also benefit them. Mr. Speaker, Sir, insecurity is undoing the gains brought by our Constitution. Article 43(1)(e) states:- “Every person has the right— to social security.” Therefore, there is need for security to be beefed up in the County so that people are secure. The Senator also mentioned that a child was killed in the process. The right to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I support the Statement by Sen. (Prof.) Ekal, even though I am saddened that we now only debate under Standing Order 46(2)(a). This basically means that we cannot track outcomes of the discussions that we robustly and elaborately spent a bit of time on. In fact under Standing Order 46(2)(a), our only hope is that we can highlight issues and they get the attention they deserve. Sometimes you would be kind enough to commit these statements to committees. However, I am also wondering when we will go back to having our Statements under Standing Order 46(2)(b) so that we can track performance on some of the outcomes of what we have been crying for. With that said, Mr. Speaker, Sir, I would like to support Sen. (Prof.) Ekal for bringing this Statement. In the last 40 years, historical data shows that there has been a negative correlation between the GDP of resource exporting countries – not all countries, of course – and the economic growth of certain countries. Countries like Norway or countries in the Gulf perhaps have positive correlations because of the nature of their Governments, which are monarchies. However, if we do not do something about the issue that has manifested itself in the blockage of the trucks, we risk going down the path of the oil becoming a curse, which has been very elaborately talked about by Senators who spoke before me. The reason why this is so – in all the literature available – is that in every instance where there is no inclusivity and the public has not participated sufficiently, then these ugly incidences rear their head. However, with regard to the natural resource rich countries where they encourage efficient redistribution, we do not see these incidents. Mr. Speaker, Sir, I know that the people of Turkana are very smart and they have used this opportunity of the oil trucks to highlight their issues. However – and I stand corrected – it is not necessarily the oil or its transportation that is the problem. It is the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Halake. Shortly, we shall have a report on the way forward on Statements under Standing Order No. 46(2)(b). The matter has already been discussed by the Procedure and Rules Committee of this House.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to comment on and support the Statement on the challenges faced as a result of the discovery and production of oil in Turkana County. The Statement has been brought to this House by the good Senator from Turkana County, Sen. (Prof.) Ekal, who I serve with in the Committee on Energy. The discovery of oil will either help or destroy the Turkana people. I am alive to the fact that Turkana and Nairobi counties receive the largest share of resources that are disbursed to the counties by the national Government. However, I note with concern sentiments of my good friend, Sen. (Prof.) Ekal that Turkana County is one of the poorest counties in Kenya. I beg to differ with his opinion because that could The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir. I thank Sen. (Prof.) Ekal for bringing this issue. It is poetic and timely that on a day that the Senator for Turkana County has brought an issue regarding the security of his people, it is the same day that his Governor is busy talking about immunity for governors from corruption prosecutions. This shows you the difference in priorities. If resources were used well in Turkana County as said by Sen. Olekina, then we will not be dealing with some of the issues we are talking about today. Despite clear provisions in the Standing Order No. 46(2)(b) on how personal Statements are treated, I want to undertake on behalf of the Committee on National Security, Defence and Foreign Relations that we will take up this matter. It is part of our work plan in the second part of our calendar. We want to deal with the issue of cattle rustling throughout the north rift counties. I know that there are some amendments being proposed to Standing Order No.46(2)(b), but we will take up that matter. It is sad because this is not the first time that we are dealing with this issue. Previously, I led a delegation of the Senate and the National Assembly in the last Parliament, when I was the Chairperson of the Joint Committee on National Cohesion and Equal Opportunity to Sen. (Prof.) Ekal’s County, where we went to Lokwar and Nakuse, which are in Turkana South. At that time, there was peace, because we had peace committees between the people from Lokwar-Nakuse and those ones from Turkwel across the river in West Pokot. The young Pokot and Turkana Warriors were the ones preaching peace, slaughtering cows together and moving together. Mr. Deputy Speaker, Sir, where some of these initiatives fall off is where other institutions that are charged with follow through do not continue with their work. We moved from Lokwar-Nakuse and went to Turkwel in West Pokot and the solution was just there. The Kerio Valley Development Authority (KVDA) would have brought a solution in that area to engage these young people. We went to Loruk in Baringo, Nginyang’ and Sindai. The solutions again were with the people and we agreed on what needs to be done. From there, we went to Bargoi in Samburu where for the first time, we witnessed, in more than 50 years, the first peace deal between the Turkanas and Samburus of Bargoi. There were certain agencies that were supposed to follow up on that peace agreement including the National Cohesion and Integration Commission (NCIC) and the National Police Service (NPS). They did not do anything about it and that peace deal recently crumbled. Even as we go back - because we will go back to that area – I hope the area Senator, Members of his Committee and all the Members of this House from those counties; Baringo, Samburu, West Pokot and Turkana, will be there. We really urge you to support us in this work. Mr. Deputy Speaker, Sir, it is interesting that Sen. Ledama and Sen. (Prof.) Imana Ekal are Members of the Committee on Energy. The biggest opportunity for resolving the issues in the North Rift lie within their committee. If you look at the geothermal trail starting from Nakuru County moving up, that is where the greatest solution comes from. 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): Conclude, Sen. Sakaja.

Mr. Deputy Speaker, Sir, we had also proposed amendments to the Penal Code. The first amendment to the Penal Code indicates: “To redefine cattle rustling as a capital offence.” You cannot have a situation where cows are stolen, women are raped, houses are torched, people are killed and you tell people: “ Ita wazee waongee ”. It cannot work like that. We must call it as it is, a capital offence. As I finish, I want to commit that the Committee on National Security, Defence and Foreign Relations is taking up this matter. Kindly allow us to follow it within our workplan - so I will not say two or three weeks - but within our workplan which I will engage with you on. We are taking up this matter and we will move forward. I would wish that the Leader of Majority and in his absence, the Leader of Minority, gave a Statement on the very ridiculous statement we have heard from governors today saying that they must be immune from corruption. I am happy I did not see Governor Mike Sonko of Nairobi City County there; I do not know what your governors were doing there. We must challenge that issue. Article 143 does not provide for immunity of governors. If they are corrupt, they need to be jailed.

(Sen. (Prof.) Kindiki): Order, Senators! As I have just directed, I can see the level of interest is very high. I have more than 15 requests on the screen. Gradually, we are abandoning our way of doing things. Statements are just one of the items on the Order Paper. It is not the only item. As I have said, going by practice, the time for Statements is regarded as Statement Hour specifically to constrain the Senate to take not more than an hour in that agenda so that other items can be addressed. Having said that, the very reason why this House decided, with the directive of the Speaker to suspend Statements under Section 46(2)(b) was to allow a re-working of that framework so that we are able to attend to the important issue of Statements but at the same time, be fair to the other items of the Order Paper, including legislation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, the issues raised are not only to do with insecurity but also revenue sharing between the counties, especially the local content. We can add the Committee on Energy to interrogate the agreements between the counties and the exploring company.

Sen. (Prof.) Kindiki): Order, Senator! If you want the Energy Committee to do anything in particular, you present a statement and convince the House that the issues demand special attention outside the normal working of committees. Otherwise, you are free to attend the meetings of the Energy Committee and convince them to prioritise that 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.

Mr. Deputy Speaker, Sir, nothing is out of order. We will deal with those issues within the context of security. Adding us another Committee that might be a bit slower than my Committee which is very nimble---.

Sen. (Prof.) Kindiki): Order, Sen. Sakaja! What is it Sen. Olekina?

Mr. Deputy Speaker, Sir, my friend Sen. Sakaja is completely out of order to suggest that the Committee I sit in is slow. We are dealing with issues of local content. Sen. Mwaruma, whom I sit with in the same Committee raised issues which need to be considered.

Sen. (Prof.) Kindiki): What is out of order?

Mr. Deputy Speaker, Sir, it is out of order for him to purport that the Committee is slow. I would also like to support the point raised by Sen. Mwaruma on the issue of our Committee being part of that process.

Sen. (Prof.) Kindiki): I have already made a ruling on that. What is it Sen. Halake?

Mr. Deputy Speaker, Sir, is it in order for the Senators to talk about themselves and the Committees they sit on as opposed to what needs to be done to get security back in Turkana County?

Sen. (Prof.) Kindiki): Order, Senators! Sen. Sakaja, you should thank the Chair for arresting a situation which would have gone overboard. When you start telling your colleagues that they are slow, you are giving yourself powers you do not have. Secondly, you are imputing improper motive on a Committee. While we know that all Committees in this House undertake very important national duties, it is almost a declaration that the Committee is on a go-slow or a strike. Let us hear what you have to say.

Mr. Deputy Speaker, Sir, my words were taken out of context. Having chaired a joint Committee before, the bureaucracies of joint quorum might slow down our process. I did not mean that the good Committee on Energy is slow. Apart from the empirical evidence you have on response to statements, all Committees are as fast as the rest. Nonetheless, I just meant that the bureaucracy that comes with different clerks, timetables, Members and quorum requirement might slow us down and we want to jump onto this issue with alacrity and a lot of diligence.

Sen. (Prof.) Kindiki): Sen. Sakaja, you have acquitted yourself. Sen. Chebeni you have a maximum of two minutes. STATE OF EMERGENCY MEDICAL CARE IN KENYA

Mr. Deputy Speaker, Sir, pursuant to Standing order 46 2 (a) I rise to make a statement on an issue of general topical concern regarding the state of emergency medical care in Kenya. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. (Prof.) Kindiki): Thank you, Sen. Chebeni. Hon. Senators I did not want to interrupt the Senator. Nonetheless, I want to bring to your attention the provisions of Standing order 84 which says- 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 I will be guided by your directive on Standing Order No. 84. I want to congratulate Sen. Chebeni for bringing up this Statement. The state of healthcare in this country has reached crisis levels. The situation is so bad in some counties that hospitals have become death traps for patients. Sometimes patients have to bribe their way to be attended to in public hospitals. If they do not give bribes, they get tired waiting on the benches and leave to seek medical care in private facilities, which are owned by the same doctors who frustrate them in public hospitals. Mr. Deputy Speaker, Sir, last weekend I had a serious challenge in my county in regard to healthcare. A young man called John called me on Saturday, at 12.30 p.m., and said that his father, who was admitted at Kitui General Hospital passed away on Friday night at around 10.00 p.m. and his body was still lying in the ward. He said that the same situation has prevailed in that ward for the last three weeks. Mr. Deputy Speaker, Sir, I urge Sen. Chebeni, at an appropriate time and as urgently as possible, to consider seeking leave of the Speaker to adjourn the proceedings of the House and debate the state of healthcare in the country. Health is a fully devolved function, but there are serious concerns with regard to equipment, personnel and conflict of interest. There are serious concerns on the capacity of many of our county governments to manage the health function. When that time comes, it will be necessary for us, as leaders in this nation, to provide direction with regard to what the county governments can do and the kind of assistance they should get from the national Government to ensure quality healthcare services. Mr. Deputy Speaker, Sir, I thank you, for the opportunity.

(Sen.(Prof.) Kindiki): Sen. (Rev.) Naomi Waqo, you have three minutes.

Thank you, Mr. Deputy Speaker, Sir. I stand to add my voice on this important Statement and also thank Sen. Chebeni for bringing it to the House. The state of emergency medical care in Kenya is extremely bad and we, as leaders, feel embarrassed when we see what is happening on the ground. I come from 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, Senator. We have come to the end of that Order. Let us move to the next Order.

(Sen.(Prof.) Kindiki): Hon. Senators for the convenience of the Senate, I direct that we skip Orders 9 and 15. Next Order!

(Sen.(Prof.) Kindiki): Sen. Cherargei had the Floor, but he is not here. I do not see any requests. Sen. (Dr.) Musuruve, are you requesting to speak?

No, Mr. Deputy Speaker, Sir. I had contributed.

(Sen.(Prof.) Kindiki): Sen. (Prof.) Imana Malachy Ekal.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this particular Bill. In a democratic system, it is important that the stakeholders, who are involved in an issue, are given time to air their views. Sometimes we assume that the local wananchi are not smart enough to come up with intelligent decisions. We, therefore, run into problems by making such assumptions. The idea of public participation should be encouraged. Wananchi should give their views on issues that affect them. In the civilized or Western countries, there are provisions for people to vote on a particular issue, in the name of public participation. The people or stakeholders vote ‘yes’ or ‘no’. That way, wananchi give their views, which then guide a particular matter. However, in our case, we seem to dictate most of the time. We cannot afford to dictate in a democratic system. Wananchi should be given time to give their views and say what they think about a particular issue. I, therefore, support the concept of public participation because it is important. We can avoid problems and conflicts by getting

to speak out their minds and guide our decisions. Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to also contribute to this Bill. I rise to affirm my full support for this Bill, which is more than timely. The Constitution that we passed in 2010 recognizes the supremacy of the people in determining how resources are supposed to be utilized in terms of development in the counties, constituencies and in our wards. For some of us who, under Article 95, are supposed to be in the forefront protecting the interests of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Those remarks are not few, Sen. Omogeni.

Mr. Deputy Speaker, Sir, I amend. With those many remarks, I thank you.

(Sen. (Prof.) Kindiki): Order, Senator!

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity to comment on this extremely important Bill on public participation. My first question is whether the public is aware of the constitutionality of the term “public participation”. If I were to answer on behalf of the public that I represent here, it is yes. However, the process of engaging the public in decision making in this country is wanting. In most cases when an exercise of public participation is carried out, there is a huge disconnect between what is being shared to the public vis-à-vis what happens on the ground because of language barrier. For example, the Government of Narok County would go to Elangata Oosaen and ask people to give their views on policy issues they are planning to introduce, but communicate in English language. These people do not understand English. Of course, people will sit there watching and nodding in agreement of everything said even if they do not understand language. This Bill is extremely important because it has to set certain requirements on how these citizens will be included in the decision making. Mr. Deputy Speaker, Sir, public participation is a political principle or practice and may be recognized as a right. Our Constitution recognizes it. It says for us to be able to carry out services to the people of Narok County or Nakuru, their views must be included in the decision making. Even on issues of the environment and water management, people need to be consulted on how these services will be delivered to them. Are they normally consulted? If you ask the county government they will say, “yes.” Mostly because they will put an advert in the newspapers and the people who will see it are those who buy newspapers. How many Kenyans pay taxes, yet they do not buy newspapers? Mr. Deputy Speaker, Sir, this Bill should not only set out the requirements, the rules and regulation of public participation, but should go further and demystify. It should also elaborate on how the county governments in areas where people do not speak Swahili and English can carry out this exercise so that people are given an explanation. 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): They are many indeed. Proceed. Sen. Kibiru.

Thank you, Mr. Deputy Speaker, Sir. I rise also to support the Bill on public participation. From the start, public participation is a way of ensuring that citizens get value for money. We have seen several projects that are coming up in our counties. We have seen for starters how the budget is made. However, there is one question we keep on asking ourselves. Yes, we have made the budget and asked people to participate by telling us what they would want included in the budget. However, one keeps on asking whether there is a mechanism of feedback to ensure that once the budget has been made through that participatory process, the people who participated in doing so get feedback. Where people recommend that they want a dispensary, because of resources, the powers that be in a county may not be in a position to give the community what they asked for. How does the community get the feedback that, indeed, what was promised is not going to happen or is going to happen? As the people go ahead to do the guidelines for this Bill, it is important to look at the issue of feedback mechanism. The other question as we do public participation is that there could be undue influence given the kind of projects that the community wants to undertake. One wonders how we will mitigate against those kinds of undue influence. For example, currently in my county, public participation has been carried out for people to select factory millers for their coffee. We have cases where some societies are complaining that public participation was not carried out or it had undue influence from some interested millers. The issues of conflict of interest are coming up. Mr. Deputy Speaker, Sir, it is important, as the guidelines are developed for the public participation, that we ensure the public is also educated on the pros and cons of some of the issues they want to discuss. Before we ask the public to participate, they need to understand the pros and cons of some of the issues that will be taken to the public to decide on. We all know that we have public participation in the budget making process. However, we also need public participation in monitoring what has been done. As Senators, as we oversight, we need to do develop mechanisms of seeing that the public participation that has happened proposing certain issues to be done by the county governments are carried out. We do that by developing tools including management information systems so that we can make the public participate by way of communicating to our offices, to ensure that whatever they participated in is adhered to. Public participation is also in the Nyumba Kumi . I believe it is working well because communities are asked to come up with names of the people whom they trust and are of integrity, who can participate in the issues of security. I believe that in certain parts of this country, the public has participated in establishing the Nyumba Kumi affairs. Mr. Deputy Speaker, Sir, as I conclude, public participation is a good way to go. As mentioned, it will have value-addition and it will ensure value for money. We would like to look at the pros and cons of every aspect that is put into public participation. With those few remarks, I beg to support the Bill.

(Sen. (Prof.) Kindiki): What is it Sen. Olekina? 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, I rise pursuant to Standing Order No. 55(3) to request that you defer putting the question on the Bill to a later date because I do not think there are enough Members to vote. Thank you.

(Sen. (Prof.) Kindiki): Order, Senator. You should have waited for the Chair to first declare that there are no more requests. Therefore, it is so declared. So, what is it now, Sen. Olekina?

Thank you, Mr. Deputy Speaker, Sir. I am still a freshman and I am doing my best. However, in the interest of this matter, given that it is very important, I rise pursuant to Standing Order No. 55(3) to request that you defer putting of the question on the Bill to a later date because when I look around, I do not think we have enough delegations to take the vote. Thank you.

(Sen. (Prof.) Kindiki): Very well. I direct that the putting of the question on the Bill be deferred to tomorrow.

Let us move on to the next Order.

Thank you, Mr. Deputy Speaker, Sir. I rise to make my contribution in support of this Bill. First, I begin by saying that in the past, this country has had very many disasters. What has come to the fore is that we do not have an organised mechanism of responding effectively and adequately to disasters. So, first and foremost, this is a very timely Bill and I hope that once it is enacted, it will go a long way in mitigating the way we deal with disaster management. However, I have a few observations on the Bill as drafted. I want to begin with the Board of the Disaster Risk Management Authority. Looking at Clause 7 of the Bill, we have picked a number of bodies that should have representation in the Board. I have an issue 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.) Kindiki): Thank you, Sen. Omogeni. Sen. Olekina, proceed.

Thank you, Mr. Deputy Speaker, Sir. I rise to support this Bill with very few remarks, which I hope the sponsors will take into consideration. I have a problem with all these authorities that are being established and are all based at the national Government. First of all, on the functions of the Authority, there is one that says: “Advise national and county governments on disaster risk management 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 Senator. Proceed, Sen. Ndwiga.

Thank you, Madam Temporary Speaker. I stand to support this Bill. This Bill is well drafted and it takes care of the core issues that affect this country during emergencies. Madam Temporary Speaker, counties are at the frontline of disaster management. I think that a Bill like this one which emphasizes on national establishments and set-up, misses the point because I would have expected that the counties would be the focal point of disasters and, therefore, disaster management committees in the counties. Those are the first line managers of any disaster. The Bill has missed that point that we need to expand the disaster management knowledge and expertise beyond the committees. During the long rains which have been pounding this country for a long time and in areas like Murang’a and Embu where we had landslides, many of the people who ought to have been the first line helpers of the people did not know what to do in the first instance. I propose that we should include disaster management in the school curriculum in secondary schools so that when we have these disasters – and they occur everywhere – we know how to deal with them. We are now having mudslides in areas where we never 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, I rise to support the Bill. I will start by persuading the proposers of the Bill to seriously consider moving an amendment at the Committee Stage to include using of the highly trained NYS graduates in disaster management. Madam Temporary Speaker, I am a graduate of the NYS because I went there for pre-university training before joining the university. I can confirm that the young people trained at the NYS are well-disciplined. The country has come of age where we need to have firefighters like the ones we see in other developed countries. In terms of disaster management, I believe there can never be better people to be on the frontline than the firefighters who are well-trained. We have had issues with the NYS and also had many graduates coming out of NYS. We need to ask NYS to specifically train fire-fighters in disaster management with the best practices that happen everywhere in the developed world so that they will be the in the frontline in addressing issues of risk management. We have 47 counties. I would therefore, propose that we can have graduates of the NYS who have been trained in fire- fighting attached to the 47 counties. We will be having a stand by team whose duty will be to address issues of disaster management. One of the most recurrent disasters of our time is fire. These officers who are trained in fire-fighting can rescue people who are trapped in a fire and landslides. I propose that we second graduates from the NYS to the counties to be on standby as the first line of call for disaster risk management. With those few remarks, I support the Bill.

(Sen. (Prof.) Kamar): Hon. Senators, I do not see any more requests. So, I will call upon the Mover to reply.

Madam Temporary Speaker, I beg to reply. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Hon. Senators, that brings us to the end of debate and reply to the Disaster Risk Management Bill (Senate Bills No.8 of 2018). As requested, I, therefore, order that the question be put at a later time.

Next Order!

Thank you, Madam Temporary Speaker. I beg to move that the Retirement Benefits (Deputy President and Designated State Officers)(Amendment) Bill (Senate Bills No.2 of 2018), be read a Second Time. Madam Temporary Speaker, the Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill (Senate Bills No.2 of 2018) was published on the 28th February, 2018, and read the first time on the 18th April, 2018. The principal objective of the Bill is to ensure that Parliament approves altering of the benefits due to a retired Deputy President and designated state officers under the Retirement Benefits,(Deputy President and Designated State Officers) Act. 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, Sen. Mutula Kilonzo Jnr.

Thank you, Madam Temporary Speaker. I rise to second this Bill; the Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill (Senate Bills No. 2 of 2018) with the following general principles: First, I am aware because I did research on the principal Act. I must also confess that it was done at the time when my late father was a Minister for Justice and Constitutional Affairs and I was researching on this. The intention at the time - it should be there now - is that what we encourage our officers who have served in these capacities, that have already been identified either as President or Deputy President, to live or enjoy retirement in peace to the extent that they do not look impoverished when they leave office. It is evident and most of us will confess and maybe not say it loudly, that when we are defeated in elections, we become paupers immediately. I know a corner in this building where former colleagues sit and you can see their levels of desperation. There is a very bad conversation that was going on sometime back about the then former Prime Minister and former President that they can only receive retirement benefits if they confirm that they have left politics. I do not think that should be the basis of giving them the benefits of retirement. I know those individuals after leaving office were faced with various challenges here and there. I do not think it is fair to leave people of these designations high and dry by withdrawing their security; chase cars, et cetera . I happen to go to the same church with the former President Mwai Kibaki. The way he is treated is the way you should treat a former President. He comes to church; he has a designated parking lot, bodyguards and other sorts of things. That is the way 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.

Thank you, Madam Temporary Speaker. I rise to support this Bill. I can see that time is not on our side, but I will try to be brief. Madam Temporary Speaker, there is a nexus between people holding on to power and the lack of retirement benefits in Africa. You cannot spend a whole lifetime serving people, just for you to be treated like a dog – for lack of a better word – out there. We see this every day in the corridors of this Parliament, where former legislators have gone out of their way to serve this country but have nothing to show for it. They have a big name, they are respected and yet the only place that they can go to is this Parliament, because they are understood here. Even when they come here, most of us see them as a bother because they will ask you for Kshs2,000 so that they can live some kind of life. Madam Temporary Speaker, when I came here in 2013, I was shocked to see people I used to read about in the newspapers, looking like paupers. They looked as if they slept in the suits they were wearing. There was an initiative by Hon. Adan Keynan to help former parliamentarians when he presented a Bill on the Parliamentary Society of Kenya. I do not know what happened to this effort. At some point, we allocated Kshs10 billion to cater for this problem, but I actually do not know what happened. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Hon. Senators, it is now 6.30 p.m.; time to interrupt the business of the Senate. The Senate, therefore, stands adjourned until, Wednesday, 11thJuly, 2018, at 2.30p.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.