Hon Senators, I wish to acknowledge the presence, in the Speaker’s Gallery this afternoon, of a delegation of Members and staff from Trans Nzoia County Assembly. I request each member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition. They are:- 1) Hon. Martin Simiyu - Chairperson, Committee on Delegated Legislation 2) Hon. Margaret Mutai - Member 3) Hon. Alfred Weswa - Member 4) Hon. Patrick Kisiero - Member 5) Hon. Everlyne K. Cheniar - Member 6) Hon. Elikana Mamsari - Member 7) Hon. Philip Simiyu - Member 8) Hon. Wambwa Bernard - Member 9) Hon. Jeremiah Wakhuria - Member 10) Hon. Mercy Tanui - Member 11) Ms. Joan Ng’etich - Public Relations Officer 12) Ms. Lucy Kibonei - Legal Counsel 13) Mr. Eutin Nakitare - Senior Research Officer 14) Mr. Mohamed Ismail - Committee Clerk 15) Mr. Leonard Wambalaba - Hansard Officer 16) Mr. Nicholas Nandasaba - Serjeant-At-Arms The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon Senators, I would also like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting Members and staff from the County Assembly of Busia. I request each member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition. They are:- 1) Hon. Partick Obongoya - Chairperson, Committee On Delegated Legislation 2) Hon. Kassamon Elzere - Member 3) Hon. Ruth A. Ochola - Member 4) Hon. Hakla Ismail - Member 5) Hon. Erick Kaibe - Member 6) Ms. Eileen Aswan - Hansard Officer 7) Mr. Wilberforce Obolla - Serjeant-At-Arms 8) Ms. Stellah Odanga - Committee Clerk 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.
Please, proceed Sen. (Dr.) Mbito, Senator for Trans Nzoia County.
Mr. Speaker, Sir, I take this opportunity to welcome my colleagues from Trans Nzoia County. First and foremost, I congratulate them for the great job that they are doing in Trans Nzoia County in matters oversight. What they do complements our work here. Our work in the Senate will not be complete without input from them. I am happy with what is going on in the county and hope that we will continue working together, to ensure that our people get proper service delivery. I welcome them to Nairobi. This is the Senate and they should feel free and know that we are partners in whatever we do. 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, in the absence of Sen. Wako, allow me on his behalf to welcome the county assemblies of Busia and Trans Nzoia. The County Assembly of Busia has set a precedent, which we hope will be followed in terms of accountability. However, for purposes of the Senate, we welcome them here. Their Senator is busy representing us out of the country on other matters of the nation. While he was away, we have been busy debating, as you will see on the Order Paper, the Public Participation Bill drafted by him. Thank you, Mr. Speaker, Sir.
Mr. Speaker, Sir, thank you for allowing me to join you and my colleagues in welcoming the Members of County Assembly (MCAs) and staff from Trans Nzoia and Busia counties. The MCAs are very important to us, especially when it comes to oversight. I would like to encourage the MCAs in this country to take seriously oversight matters, so that they help us a lot. As Senators, we sometimes get very surprised when we attend functions only to find that the work of our MCAs is only to praise the governors on grounds that are not well founded. We would like to see more of them, when we go to the ground, highlighting oversight issues. For example, they should mention that: “This road was constructed, but we are not happy with it. Bw. Seneta, let us work together to make sure that things go the right way.” I, therefore, welcome and encourage them. We shall work together, especially on the oversight function. You will be known to be functioning well when you are able to highlight some areas where the executive in counties are not doing well. I am not saying that we should condemn our executives in the counties wholesale. However, the most important thing is that they should be seen doing oversight in the counties. I welcome them to the Senate. Thank you, Mr. Speaker, Sir.
Mr. Speaker, Sir, as the Senator for Nairobi County, I am honoured and pleased to officially welcome the delegation to Nairobi County. I was born and raised in Nairobi, but I come from Trans Nzoia County. Many of the honourable ladies and gentlemen here are well known to me. At some point, there was rumour that I would vie there, but that was not the case. However, if I ever change my mind, I am sure that we will work together. Having said that, I welcome them, together with the MCAs from Busia County. We have a great responsibility as leaders from the Western Region. If you look at the Economic Survey of 2018, a copy of which I have just received - and I urge all Senators to get a copy at the Table Office - Agriculture contributes to 31.5 per cent of our Gross Domestic Product (GDP). It has dropped from 32 per cent last year. A lot of the challenges and the eye of the storm of the issues that we are dealing with today are in counties in the Western Region. When we talk about maize farming, Trans Nzoia is the breadbasket of this country. When we talk about sugar, the challenges affect Busia, Kakamega, Vihiga and Trans Nzoia. I urge the MCAs that they are the first point of call for oversight and defense of the economic future and potential of our people. They should be vigilant and ask correct The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I stand to welcome the counties of Trans Nzoia and Busia and tell them that we, in the Senate, look forward to counties doing their constitutional duties. The responsibility of counties is heavy. As one speaker said, the issue of oversight should be taken more seriously by the county assemblies than it is happening in the counties. They are in these positions for a purpose because under no circumstances should money be put into some luxurious projects, when essential things like drugs in hospitals are not available. An essential service like education to our children should be available. It is their responsibility to ensure that money allocated for roads is spent on constructing the same roads and not diverted elsewhere. For example, if money is allocated for a five kilometre road, it should be spent on the same. When it is a murram road, it should be well compacted murram to the required standards. These are the responsibilities that the county assemblies should always remind themselves about. Mr. Speaker, Sir, the Senate would like to assist and support counties in giving services. However, we will not help or support in squandering resources. When it comes to that, we are called names. Our role is to commend and reprimand when need be. Devolution will work when the county assemblies recognize their prime role of oversight. They should work hand in hand with the Senate. As one Senator mentioned, they should bring up these issues in the public gatherings. Congratulations and commendations should always be there for good work. However, it should not be the custom every morning and evening. We wish to support counties that are abiding by the Constitution and reprimand those that are not abiding by the Constitution. The counties of Busia and Trans Nzoia are facing a hard time because sugarcane farming is not doing well anymore. Maize farming has also been hit. These two county assemblies, together with the national Government, should focus on these issues and see how they can revive sugarcane farming. There was a time when one would visit Mumias and see a brilliant town. Likewise, whenever one visited Kitale and Eldoret, they would see happy people. These issues are being experienced all over. Even in Central Kenya, coffee and tea farming is not doing well. It is upon the counties to try and see where they will cooperate with the national Government in order to revive those crops back to where they were. Mr. Speaker, Sir, I want to say, as we always say; we are here because the leadership bestowed on us is for the betterment of our people and also the county assemblies. We thank you for visiting us; please, come again, even when you have questions. The Speaker is available for you and he is one of you. We also have Sen. Sakaja here; I did not know that he wanted to vie in Trans Nzoia County---
I was being called to vie. 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.
Oh, he was being called to vie; but it is just as well to follow in his footsteps. Thank you very much, Mr. Speaker, Sir.
Thank you, Mr. Speaker, Sir. I also welcome the Members of County of Assembly (MCAs) of Busia and Trans Nzoia to the Senate. I encourage them to take their time to see what we are doing here by focusing on protecting and defending devolution. That is one key area which they should also defend. Mr. Speaker, Sir, we were discussing the Public Participation Bill yesterday, and I would like to encourage the MCAs to take the time to involve the citizens of their counties in the budget making process. It is important for the taxpayers to know what their taxes are paying for or the development projects that they are supposed to get. Currently, Mr. Speaker, Sir, there is this issue of conditional grants, and we see many counties running around, declaring that they are municipalities so that they can access this money. If you do so without involving the citizens for them to understand the benefit of it then, of course, you will face a lot of rebellion and resistance from the citizens. I, therefore, welcome you and encourage that you invest in legislation to try and build these counties. We are here to defend devolution, which is our sole duty as Senators. Therefore, I would like to encourage you and welcome you once again to the Senate. Thank you, Mr. Speaker, Sir.
Asante sana, Bwana Spika. Nataka kujumuika nawe pamoja na wenzangu kuwakaribisha wageni kutoka katika Kaunti za Busia na Trans Nzoia. Nawashukuru kwa sababu nilitembea katika Kaunti za Trans Nzoia na Busia, na niliona kuwa nyinyi ni watu wakarimu kabisa kwa sababu mulinikaribisha. Kwa hivyo, nami nachukua fursa hii kuwakaribisha hapa na kuwaambia kwamba sisi, kama Seneti, tumejitolea kutetea ugatuzi. Bw. Spika, kama Mwenyekiti wa Kamati ya Ugatuzi na Uhusiano wa Serikali, nawajulisha kwamba ugatuzi uko katika mioyo yetu; ni haki yetu kuutetea ugatuzi kikatiba na ni lazima tufanye kazi hiyo. Tutaweza kufanya kazi hii tukishirikiana nanyi, kwa sababu nyinyi ndio muko na uwezo pale mashinani kwa sababu mumepewa jukumu la kufanya kazi hiyo na Serikali. Kwa hivyo, nataka kuwahakikishia kwamba tutaifanya kazi hiyo.Tunawaomba na nyinyi pia mukiwa upande ule, muifanye kazi hiyo. Jambo linguine nililo sikia leo ni kwamba Sen. Sakaja alisema kuwa karibu asimame katika Kaunti ya Trans Nzoia. Lakini hayo ni maombi ambayo hayangefika mahali, kwa sababu najua angeshindwa na ndugu yangu, Sen. (Dr.) Mbito. Hii ni kwa sababu Sen. (Dr.) Mbito amekuwa akimualika huko, lakini sasa amesema anaweza kubadilisha nia yake, atembee huko na kusimamia kiti kule. Lakini kile kiti nitakacho mwambia asisimamie sio cha Useneta; pengine ajaribu kile cha Gavana, kwa sababu Gavana wa sasa atakuwa ameshatimiza awamu yake ya mwisho. Asante sana, Bw. Spika.
Thank you, Mr. Speaker Sir, for giving me an opportunity to join you and the House in welcoming the two delegations from Trans Nzoia and Busia counties. These are counties that are not only very close to my heart, but are also physically close to me. I welcome the visiting MCAs and the accompanying staff. I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Asante, Bwana Spika kwa kunipa nafasi hii ili niwakaribishe waheshimiwa wenzangu kutoka Kaunti za Busia na Trans Nzoia. Nimesimama hapa kama mmoja wenu kwa sababu kuna wakati, kabla sijakuwa Seneta, nilikuwa mwakilishi wa wodi katika bunge la kaunti. Kwa hivyo, najua ni nini munacho pitia kule na pia changamoto munazo pitia. Bw. Spika, tegemeo la Seneti ni bunge za kaunti, hasa upande wa sheria na uwakilishaji.Wahenga walisema “dunia duara;” kwa hivyo sheria mnazo tunga hazifai ziwe za kuwapendeza nyinyi peke yenu, bali za kuwapendeza wananchi mnao wakilisha. Vile vile, naamini kwamba yule mwananchi wakawaida na wa chini kabisa ataangaliwa kupitia uwakilishaji wenu. Hii ni kwa sababu nyinyi ndio muko karibu na yule mgonjwa, na nyinyi ndio munaamka naye kila siku. Naamini kwamba sisi tunamjua mgonjwa, lakini nyinyi ndio munamjua vizuri zaidi kwa sababu nyinyi ndio muko naye. Kwa hivyo, tunawategemea sana kwa jambo hilo. Bw. Spika, nimetangulia kusema kwamba mimi ni mmoja wenu. Siku moja nilikuja Kaunti ya Busia kama mwanachama wa KADU Asili wakati huo ilikuwa aandikisha wanachama. Ukiniangalia bila ya kukwambia natoka wapi, utasema kuwa mimi ni mmoja wenu. Kwa hivyo, nashukuru kwa kuwa nilipata wanachama kule ambao walikuwa shida kuwapata awali. Lakini nilipotumwa upande huo, nilifanikiwa. Nilisema ni tumeni kwanza, nitawaangalia jinsi walivyo. Niliona kuwa mulikuwa watu makini mukizungumza, kwa sababu maneno mawili au matatu munayo zungumza, sisi Wapwani huwa twasikia munasema nini. Nashukuru na karibuni sana.
Thank you, Mr. Speaker, Sir. I join you, together with my colleagues, in welcoming the County Assemblies of Busia and Trans Nzoia. I want to identify myself with these two counties, especially Busia County, where I know that they have previously given a lot of support for Baba . Today, I welcome them here to learn from us. Mr. Speaker, Sir, one thing that I will request your Office and the Senate to do, is to extend capacity building to all these county assemblies. This is because I have realized 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 my colleagues in welcoming the MCAs of Busia and Trans Nzoia. Under our Constitution, county assemblies play a very important role in ensuring that there is accountability. It is good to have our colleagues from the two county assemblies on this day when we are celebrating the African Day Against Corruption.I challenge our MCAs to ensure that they play their role in ensuring that the resources that we, as Senators, send to counties are used to transform the lives of our people and not to end up in the pockets of a few people. Mr. Speaker, Sir, the Constitution of Kenya 2010 gives a lot of power to our MCAs, including the power to summon witnesses and also ensure that under Article 196, there is full public participation in our counties. I want to inform our colleagues, MCAs, that they have the powers they need under the Constitution and they should go back motivated that they can work to ensure there is accountability and good governance in the counties of Busia and Trans Nzoia.
, and we welcome you any other tine in futures as we look forward to fruitful engagement between the Senate and the MCAs. Thank you, Mr. Speaker, Sir.
Let us have Sen. Boy.
Asante sana, Bw. Spika. Mimi pia naungana na Maseneta wenzangu kukaribisha ujumbe huu wa Kaunti za Busia na Trans Nzoia. Kama unavyojua, sisi tuko hapa kwa ajili yao ili kuwatumikia hasa wananchi. Pia, ni vizuri waje hapa watuone vile tunavyoendesha Kikao chetu cha Seneti. Kama mnavyojua, sisi ndiyo jicho la kaunti zetu zote. Tutafanya kazi na ninyi na tutahakikisha kwamba rasilmali za kaunti zinatumiwa vizuri. Mungu awajalie, tuweze kukutana tena.
Thank you, Mr. Speaker, Sir for giving me this opportunity to join you and my colleagues to welcome the delegations from the county assemblies of Busia and Trans Nzoia. I am partly a product of Busia County because in 1995, when I The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
I appreciate all the contributions but also want to make a brief Communication.
Hon. Senators, I would like to acknowledge the presence in the Speaker’s Gallery this afternoon of visiting students and teachers from Matiku 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.
Thank you, Mr. Speaker, Sir. It is Matiku in Emali, Mulala Ward. They had Form Four students here yesterday. This is the Form Three Class. They are particularly taking history and the subject of government seriously and they have been doing this for a while in conjunction with my office. I welcome them to the Senate and wish them well. I hope they are going to learn much and we can produce a good leader from that school. I was very surprised yesterday to meet one of the best history students who is an A minus. They are doing very well.
Next Order. Let us have the Senate Majority Leader. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate, today, 10th July, 2018:- Report of the Commission on Administrative Justice for the period June to December, 2017.
Thank you Mr. Speaker, Sir, for letting me give this Statement today. Pursuant to Standing Order No. 46 (2) (a), I rise to issue a statement on the cattle rustling and ongoing resultant police brutality in Isiolo county. Cattle rustling, has over the years, defied interventions from the local communities, civil society and the state. The exercise has led to great suffering of the victims. The Turkana community, living in Isiolo County are the latest victims of this vice. There was a raid and counter raid between the Samburu and Turkana communities living in Isiolo County. As a result of the raids, police intervened with brutal force, killing five people, among them a child. The raids further claimed lives of two police officers and left four others wounded. Mr. Speaker, Sir, this operation is so brutal that it has left five people dead and so many schools closed at a time when kids are preparing for national exams. All schools that are in the Turkana section are closed. In three secondary schools and ten primary schools, the teachers have run away because of this brutality by the police. While this is going on, the same police are telling the Samburu to go in and mop out the Turkana who are ‘undesirable’ occupants of some parts of Isiolo County. Yesterday, an attack was mounted by Samburu warriors and 456 animals were driven away. There was no response from the police because they are concentrating on beating the Turkana. This kind of thing is not acceptable. The response by police in any security breach is welcome. However, excessive use of force and discriminative response to insecurity is not advised. Mr. Speaker, Sir, the police responded to the raids with excessive force using military tankers and seemed to target only the Turkana community and their homesteads. All the communities involved should have been punished equally. We take the Government to be a father whose children have fought or disagreed. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Senator! What are these movements you are making? Are you conducting a ritual or something?
No, Mr. Speaker, Sir. The piece of paper fell, and so, I had to get it.
On a point of order, Mr. Speaker, Sir. Is it in order for the Senator for Turkana County, Sen. (Prof.) Ekal---
Sen. (Prof.) Ekal, take your sit.
Mr. Speaker, Sir, is it in order for the Senator for Turkana County, Sen. (Prof.) Ekal to go round talking like he is out of his mind? That behavior of going around is concomitant to certain behaviors in certain parts of Kenya.
Mr. Speaker, Sir, wait a minute. He was moving around like a witchdoctor. That is unfair.
Sen. Mutula Kilonzo Jnr., what is your point of order?
Mr. Speaker, Sir, you must make a ruling because the Senator for Turkana County has taken pastoralism literally.
He is walking all around the place and talking. At some point, I thought something was wrong, but he must really now come out.
Sen. Sakaja, proceed.
Mr. Speaker, Sir, I am sympathetic to the Senator for Turkana County whose paper fell. Naturally, he has been a professor so he walked around talking. However, between the Senator for Machakos County and the Senator for Turkana County, who can speak about witchcraft in this House? Is the Senator for Machakos County in order to impute anything close to witchcraft to Turkana County where we know there is no such vice?
The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Order, Members! What is your point of order Sen. Kinyua?
Mr. Speaker, Sir, it is in order for the Senator for Machakos County to talk about witchcraft because he is versed with it.
Order, Sen. Kinyua! You are out of order. Are you trying to imply that the Senator for Machakos County practices witchcraft? Sen. (Prof.) Ekal, I also thought you were performing a ritual in the House. However, you may proceed with your statement.
Mr. Speaker, Sir, as much as the Members of the House have amused themselves with whatever happened, I am a professor of physics by training and I am used to teaching while moving around the classroom.
This matter is not a jovial matter that Members should be laughing about. This is a serious matter because life is being lost. Allow me to resume. I was saying that this kind of brutality has not been seen anywhere in this country even with Al Shabaab . I just do not understand why a local community should be hit with such brutal force. I am told that the conductor of this kind of brutality is an Officer Commanding Police Division (OCPD) from Meru County. I would like to remind such an OCPD that there are many Meru people who call us Ntaani . They like being in Turkana and we are living with them peacefully. However, when I tell Turkanas that the person leading this brutality and killing Turkana people is from Meru, I do not know how happy they will be. They will look at Merus in a different light. The operation has been mounted with one helicopter, four tanks which are fully armed and firing carelessly at everything they see. They also have up to 30 military vehicles, scores of police, General Service Unit (GSU) officers and Administration Police (AP) officers. You would think that the Government of Kenya is under attack to cause the military to go with all this kind of arsenal. Mr. Speaker, Sir, the search for sustainable peace among the pastoralist communities who have for a long time engaged in armed cattle rustling has eluded practitioners and policymakers. It still obtains as a major challenge to peace and security. There is need to device techniques for constructively handling different and divergent communities to prevent disputes from erupting into violent crisis. Further, there is also need to design appropriate institutions and structures that will find solutions to the existing conflict and accommodate all parties to conflict with a view to restoring lasting peace. What I get from Turkana leaders in Isiolo County is that some political leaders in that particular county are the ones fueling this because of political gain. They want to see Turkanas out of Isiolo County and appeal to the other communities who think that The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Proceed, Sen. Wetangula.
Mr. Speaker, Sir, yesterday the distinguished Senator for Turkana County made a statement on this Floor in relation to oil and insecurity in Turkana County. Today he has brought yet another statement with even greater detail about insecurity, cattle rustling and biased police behavior. We do not want to take sides. We know that there are Turkanas who live in Samburu County and even Isiolo County where the distinguished Sen. Dullo comes from. In fact, there has been a Turkana Member of Parliament (MP) in Isiolo in the last Parliament. Yesterday, I was visited by a former Member of the County Assembly (MCA) from Isiolo County from the Turkana Community who narrated to me some of the things that the distinguished Senator is saying. Mr. Speaker, Sir, the issue is the lack of will on the part of the Government to bring cattle rustling and inter-ethnic conflicts to an end. It is not just about Turkana in Isiolo, Samburu and so on, but also the serious frictions between Turkana and Pokots on their border as well as the Pokots and other communities in Baringo County and many other places. We cannot blame the communities wholly. The Government has a duty to police these areas and ensure there is peace. If it is, indeed, true - and I hope it is not so – that the police marshalled local communities to attack one community; that is a very dangerous direction to take because the police have a duty to serve all Kenyans. If you look at their logo, it is written “ Utumishi kwa Wote. ” It is not “ Utumishi kwa Wachache. ” If there is an issue, they must amicably and impartially arbitrate where necessary, and arrest criminals where they are found, prosecute them where there is evidence and bring these problems of insecurity to an end. Mr. Speaker, Sir, equally important – this House should take cognisance of this – is that cattle rustling is no longer a cultural affair. In the past, morans used to go and raid to get cattle and use them as dowry to get wives. Cattle rustling has become a commercial enterprise. People raid and steal cattle in the pastoralists areas. Within a day or two, they are in the slaughter houses of Dagoretti, Mwiki and everywhere else in Nairobi. So, the police have to work tirelessly to bring peace between communities. Equally important, I want to encourage the Senators for Turkana, Isiolo, Samburu and West Pokot counties to also come together and see how to engineer peace between the communities. This is because if we just leave it to the communities and the State 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. Thank you very much, Senator for Turkana. I know we have part of the community from Turkana living in Isiolo County. Mr. Speaker, Sir, I brought a similar Statement last week on the Floor of this House. However, I do not know what happened because if a matter is very important and sensitive, you always task the relevant Committee to look into the matter. I wish to confirm to Sen. (Prof.) Ekal that this morning we discussed about the problems of cattle rustling, especially in Isiolo County. This is because Isiolo County has always been a battle ground for so many counties. In fact, the Chairman of the Standing Committee on National Security, Defence and Foreign Relation was with us. He is the one who brought us together this morning. We have a problem with Garissa, Wajir, Marsabit, Samburu and Meru counties. All of them are looking for pasture and water during drought. When these things happen and it has been happening ever since we were young, unfortunately, the way things are being handled is in a casual manner. If an operation is carried out, especially in the case of Turkana County where a police officer was killed, it does not mean that the whole community should be punished, the houses of innocent people burnt down or schools closed. As I speak right now, all the schools in that area are closed down. Students and teachers are not in school and yet exams are around the corner. This is really sensitive because the issue of those counties fighting within Isiolo County has really affected the county. Even in the Eleventh Parliament, similar issues happened, but we do not seem to have a lasting solution. As my colleagues have said, communal punishment should be avoided. This is because, in that process, the people who suffer are children and women. Yet the right targets are not even there, even in the matter of cattle rustling. Therefore, we cannot be giving excuses when we are losing lives. Sometimes you will find that even during rainy season when there is no drought, especially in the Isiolo South, as we spoke this morning, people cross all the way from Garissa to fight Isiolo people and kill innocent lives. This happens even during the month of Ramadhan. Killing in Islam is an abomination. The Government is actually aware of what is happening. There are barriers erected by criminals which we discussed at length. Let me confirm to the House that the Cabinet Secretary (CS) for the Interior and Coordination of National Government promised to go down to Isiolo on Wednesdays next week to deal with those issues. I hope we will have a lasting solution. However, 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. We should say that cattle rustling is not a sport because it appears to be a sport where people use sophisticated weapons like guns. It is actually gun running. If people are being charged for robbery with violence because they have arms, the people who engage in cattle rustling must also be treated as such. The Vice Chairman of the Standing Committee on National Security, Defence and Foreign Relation, Sen. Sakaja, has severally said that we should make cattle rustling a capital offense because they are robbing cattle from people using weapons. I listened recently to very harrowing stories from a gentleman from Tiaty in Baringo County when we were in Mombasa on cattle rustling. I realised that the question of cattle rustling is so serious that the Government seriously does not want to deal with it. This is because the young men who engage in the cattle rustling are armed, trained and very good in what they do. They are ready to take on anybody, fear nobody and shoot to kill. Mr. Speaker, Sir, unless Sen. Haji and many of the community leaders deal with this issue, they will never live in peace. It will not happen. The sort of weapons that we are talking about has led some of us in the Committee on Justice, Legal Affairs and Human Rights to ask why Kenya is not serious with the Arms Trade Treaty (ATT), which we participated in making. This Treaty deals with small arms and mopping them. Kenya has refused to sign it. The Ministry of Defence and the Attorney-General have refused to sign it, and the result is cattle rustling. So, you are not safe at all. People are using cattle rustling as an excuse to smuggle weapons. I even heard of somebody, who is very senior, who was arming communities so that they could fight their neighbours. It is sport. I am told that on the way when they steal animals, they kill others to tell which route they will use. It is an art and there is some element of wizardry in it. These people do it for a sport and we cannot blame them. I have heard that the Marginalisation Policy is being challenged by many people. If we seriously read the Marginalisation Policy by the Commission on Revenue Allocation (CRA), parts of the country where there is cattle rustling have been marginalised for so long and we call them the Red Zone. What is the solution? These young men have lost hope. At the age of 13 they do not need to go to school. Why go to school if you can have an AK-47 and steal about 10 heads of cattle? 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. Mutula Kilonzo Jnr. I can see your passion.
Sen. Haji, proceed.
Asante, Bw. Spika. Tunahitaji kumuomba Mwenyezi Mungu awasaidie jamii ya wafugaji. Sindhani mazungumuzo katika Seneti yanaweza kutatua zile shida ambazo ziko sehemu hizo. Jana tulikuwa kule Naivasha. Kaunti kumi zinazoitwa Frontier Counties zilikuwa na mkutano wa kutengeneza bloc ya kufanya kazi pamoja. Tulionyeshwa ramani ya Kenya nzima iliyochukuliwa usiku. Tuliona kwamba sehemu zingine zote zimeunganishwa na nguvu za umeme, wakati kaunti zetu kumi ziko gizani. Haya yote yameletwa na viongozi walitutangulia wakati walipotengeneza
inayosema kuwa sehemu ambazo ziko nyuma zibakie nyuma maisha yote. Mpaka leo hakuna Serikali yoyote ambayo imejaribu kuinua maisha ya hawa watu. Kwa hivyo, hali imekuwa ya “nipishe nipate kuishi”. Wakati wa ukoloni wizi wa ng’ombe ulikuwepo lakini haukuwa kama vile ilivyo sasa. Watu wamejihami na silaha. Sehemu ambazo watu walikuwa wakipigana kwa fimbo, siku hizi wanatumia AK-47 au silaha kubwa kuliko hiyo. Nimekuwa nikizungumza na Sen. Sakaja. Tutawaita hawa watu pamoja lakini wajue kwamba sisi sio madaktari. Haya maneno yamezungumzwa tangu tupate uhuru na yanazidi kudorora kila siku. Kuna baadhi ya watu wanaoitwa homeguards, ambao wako na silaha. Hata hivyo, hizo silaha zinatumika kwa wizi na mauaji. Kama vile Sen. Wetangula alivyosema, wakati umefika ambapo Serikali inafaa kufikiria jamii yetu itawanywe katika sehemu mbali mbali nchini. Wengine wapelekwe Kakamega, Kisumu na kwingineko. Sehemu hiyo inafaa kutengewa utafiti wa mafuta na madini mengine. Kama sivyo, Serikali ichukue hatua ya kutwaa silaha na hata kutoa watu makende. Akina mama hawafanyi mambo hayo. 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.
Jambo la nidhamu, Bw. Spika. Sen. Haji ni mzee ambaye tunamheshimu sana na ni kiongozi wa jadi ambaye kila Mkenya anaamini amechangia pakubwa katika maendeleo ya nchi hii. Je, ni vyema Sen. Haji kutumia maneno ambayo yanaangazia sehemu nyeti katika hiki kikao?
Ninafikiri ametaja tu sehemu ya mwili ambayo inajulikana. Sioni shida hapo.
Sen. Haji, endelea.
Bw. Spika, nakushukuru kwa uongozi wako kwa sababu kiongozi lazima awe shupavu. Kila wakati matatizo yanapotokea anafaa kuwa na jawabu. Kwa hakika, haya maneno ni mazito sana kwa sababu watu wanauana kila siku na kuzidisha umasikini. Vile vile wakati Serikali inachukua hatua, watu wanaumia. Nimezungumza na mwenzangu hapa na tutajaribu. Lakini kutokana na experience yangu, maneno hayawezi kutatua matatizo. Kuna pesa zinazotengewa sehemu zilizotengwa kimaendeleo katika Katiba. Siku hizi hata Kibera imeongezwa katika kitengo hicho. Shida ya Kibera ililetwa na binadamu, hasa ukosefu wa mipango kamili. Shida ya wafugaji inatokana na maumbile ya Mungu. Jua ni kali na hakuna barabara na maji. Sasa hata hizo pesa kidogo zinazotengwa na Katiba, zimeanza kupeanwa kwa watu kule Kibera ilhali tunajua Nairobi iko na pesa nyingi kuliko kaunti zote. Kwa hayo machache, tutajaribu tuwezavyo.
Thank you, Mr. Speaker, Sir, for giving me this opportunity to also add my voice on the Statement. I feel humbled. This conflict in Turkana and Isiolo counties is a very serious one. There is need for these communities to live in harmony and co-exist, because you will find young people from Samburu and Turkana communities intermarrying. When that happens, it means that there will be a long lasting relationship that will even extend to the next generation. Therefore, there is need for the Government to ensure that there is security in this area. Mr. Speaker, Sir, Sen. (Prof.) Ekal has just mentioned that people have lost lives in the conflict. Article 26(1) of the Constitution clearly states that everyone has a right to life, which means that this is against our Constitution. Therefore, there is need to protect the lives of citizens by all means without any compromise. Further, there is need for funds to be set aside to ensure that there is security in that area. Mr. Speaker, Sir, the Senator has also talked about schools being closed. The Constitution clearly states that education is a right of every child. When children in other 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 allowing me to add my voice to this very important Statement. I also want to congratulate Sen. (Prof.) Ekal, for bringing it to the House. Mr. Speaker, Sir, for those of us who were born and brought up in Northern Kenya, this is something that we are used to. However, the unfortunate bit of it is that our grandchildren are going through the same experience. I remember that when we were young, when we went to school, we were never sure of coming back home and meeting our dads simply because anything could happen at any time. Therefore, it is unfortunate that we are still debating the same problem that affected many of us when we were young. Mr. Speaker, Sir, this problem not only affects the lives of pastoralists in Isiolo, but all pastoralists in Northern Kenya. There are some issues that are going on there, but nobody is talking about them. It seems as if the lives of pastoralists are not important to the rest of Kenyans. It is high time that leaders from pastoralist areas came together and talked to one another, because the solution is in our hands. I am sure that even 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.
Mr. Speaker, Sir, I know many of us were concerned when my dear brother, the Senator from Turkana, was walking around. There is nothing wrong 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 think we are pressed for time. I know there is a lot of interest but since the Chairperson of the Committee has assured us that the matter is already being handled, we want to leave it there so that we move to the next Order.
Hon. Senators, we shall now proceed to vote. I direct that the Division Bell be rang for five minutes.
Order! Order! Hon. Senators, I now direct that the doors be locked and the bar be drawn.
Hon. Senators, confirm you have logged in. You can start the voting.
Hon. Senators, the results are as follows:
I now direct that the Doors be unlocked and the Bar be drawn. Next Order!
Hon. Senators, we will proceed to vote and I direct that the Division Bell be rung for one minute. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Hon. Lusaka): Hon. Senators, the results of the Division are as follows:-
Hon. Members, before we proceed to the next Order, there is a Statement to be made by Sen. Sakaja.
Mr. Speaker, Sir, as the Whip, I am concerned that the first results had 29 votes. The second one had 29 votes and yet nobody had left. Is there somebody who left in the middle? 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. Wario was somewhere within, but he did not vote. It may be necessary for the Senator to explain where he was.
Mr. Speaker Sir, I was around but I did not vote.
Order, Members! I have given the Senator an opportunity to tell this House exactly where he was.
Yes, Mr. Speaker, Sir, I was around, but I did not vote. I was in the washroom. So, I did not vote.
(Sen. (Prof.) Kindiki): Order, Sen. Sakaja. Hon. Senators, we have an Order that requires us to go into Committee of the Whole and division. You are requested not to go very far. The Whips and the leadership of the House should take note accordingly, so that Senators do not go very far. I will not allow any comment on this Statement. We will go to---
Order, Senator. You know what to do when you want to register some sentiments. 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 cardinal rule on skills transfer is that work that can be done by Kenyans should not be done by foreign nationals in this country. It has been claimed that there are certain departments where no Kenyan is staffed. There are claims that once the SGR train was launched, Kenyans have never driven it again despite having some with such qualifications. There are claims we are investigating that Kenyans with qualifications such as diplomas and degrees in engineering are being bypassed by Chinese nationals who come in, train for two weeks and take those jobs. As a result of that, we have qualified Kenyans who are doing menial jobs like collecting garbage and cleaning the trains. Even at such levels of employment and work, the claims are that Chinese employees are continually being absorbed to do work that Kenyans can do. We are also looking at personal protective equipment that is lacking for the labour force, underpayment and payslips. There are also claims that Chinese staff are being allowed to undertake activities that ordinarily would cause immediate sacking if done by Kenyan staff. Signage in the machinery is in Chinese, hence Kenyan engineers and labour force are not even able to participate in trouble shooting. Mr. Deputy Speaker, Sir, because of this, the Senate Standing Committee on Labour and Social Welfare is in the process of investigating the above matter and will address the following concerns:- 1) Racism and mistreatment claims. We will look into- a) the alleged abuse of rights and freedoms of Kenyans working at the SGR; b) the terms and conditions of service of the Chinese working at the SGR; and, c) the terms and conditions of service for Kenyans working on the SGR. 2) The role of Kenya Railways in the management of the SGR. In this we will look into- (a) The contractual arrangement between the China Roads and Bridge Corporation (CRBC) and Kenya railways on the management of staff of the SGR; (b) The status of the transfer of skills of the Kenyans working at the SGR and the status of the Kenya job skills gap in the management of the SGR. 3) The role of CRBC in the management of the SGR staff. 4) The law governing the human resources management of the SGR by the CRBC. Mr. Deputy Speaker, Sir, the Committee has issued invitations to various interested parties that Include the Cabinet Secretary for Labour and Social Welfare, the Cabinet Secretary for Transport, Infrastructure, Housing and Urban Development, the Kenya Railways leadership, the Kenya National Commission on Human Rights (KNCHR). We have also invited workers at the SGR, directly or through their representatives, to give us information. Just as these reports have come to us, they shall be treated without any prejudice and all of it shall be treated confidentially at this stage. We assure them of the protection of this House and that they will not be victimised once they bring those issues. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): What is it Sen. Mutula Kilonzo Jnr.?
Mr. Deputy Speaker, Sir, could you slightly vary you ruling, so that you allow us some comments on this. There are certain serious issues that have arisen in the public domain. With you kindness and usual magnanimity, I am sure you will accede to the said request. May I proceed?
(Sen. (Prof.) Kindiki): Order, Senator. What is out of order, Sen. Mutula Kilonzo Jnr.?’
Mr. Deputy Speaker, Sir, I am seeking your direction. I am not holding brief for anybody, but I will be the advocate of all who want to raise some comments. This is a matter of critical concern and the SGR passes through my county. Is it too much to ask for you to waive your ruling; to allow us even a minute? I have something that I want to bring to the attention of the Chair that I received from a journalist concerning this aspect.
(Sen. (Prof.) Kindiki): Order, Senators. I have a Communication make.
(Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Kerugoya Good Shepherd Academy, Kirinyaga 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.
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(Sen. (Prof.) Kindiki): Order, Sen. (Prof.) Kamar. What other gender do we have? Is there a third gender because I said Sen. Mwaura and--- Sorry, I hear you. What is it, Sen. Wetangula?
Mr. Deputy Speaker, Sir, this matter being as serious as you know it is, and being a patriotic Kenyan that I know you are, I want to beg you that you allow us to ventilate a bit. The issues of the SGR are not limited to what the distinguished Senator for Nairobi has raised. In fact, as a great lawyer, you know that the Cabinet Secretaries he is summoning exclude the Attorney General who advises on contractual obligations of the Government. We will tell him as such. Mr. Deputy Speaker, Sir, I, therefore, encourage you to allow more of us to ventilate on this than the distinguished Nominated Senator and Sen. Mutula Kilonzo Jnr.
(Sen. (Prof.) Kindiki): So that I am not swayed only by the kind remarks of Sen. Wetangula, I would like to confirm whether his sentiments represent the mood of the House. Is that the position? Will as many as of that opinion say “Aye?”
(Sen. (Prof.) Kindiki): Will as many as of the contrary opinion say “Nay?” The “Ayes” have it. Very well; nevertheless, I will limit comments to a maximum of three minutes per Senator. Proceed, Sen. Mwaura.
Thank you, Mr. Deputy Speaker, Sir, for your magnanimity and wisdom because, honestly, this is a very important matter. From the outset, I also recognize Good Shepherd Academy, because it is a school that produced my future wife. I am, therefore, happy to see them here.
(Sen. (Prof.) Kindiki): Order, Sen. Mwaura! Order!
That was then; she is no longer a student there.
(Sen. (Prof.) Kindiki): Order, Sen. Mwaura! Can you be clear?
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Mr. Deputy Speaker, Sir, I meant that the school produced my future wife; my wife went through that school. I only have one wife, and she is the current and also the future. Mr. Deputy Speaker, Sir, this whole issue about the Standard Gauge Railway (SGR) is quite telling. We have seen comments in the media and articles have also been written about it. I remember using the SGR recently and I could tell that even for me, as a Senator, to get into the Very Important Person (VIP) section, the person who had to give permission was a Chinese. There is nothing wrong with that but, I found it a bit patronizing that in my own country, even such simple services were being manned by foreigners. Mr. Deputy Speaker, Sir, this country has had bilateral and multilateral partners over the years since we got Independence. For the longest time, we looked to the west, and our projects were funded by countries of that orientation. However, during President Kibaki’s administration, we decided to look east, which was very interesting. This is because I remember the then French Ambassador, Etienne de Poncins, saying that it was difficult for him to access State House. Thereafter, State House responded by saying: - “We see each and every person according to the changing times of the world”. However, these are not the changing times of the world. We are now seeing some new form of colonialism, where our own people are being treated as second class citizens. Mr. Deputy Speaker, Sir, whatever has been reported here by my able Chair, Sen. Sakaja, is a clear manifestation of the effects of the Chinese loans that this country is taking, as if they are free on the market. There is no free lunch! It appears that one of the things that we have to contend with is that, these Chinese people now want to start defecating on us. I am saying so because part of the report that we have is that, at some point, it is alleged that they relieved themselves in one of the coaches of the SGR because there are no toilets in the drivers’ cabin. How can that be? The fact that our own people cannot even share transport to and from work if only one Chinese person is sitting in a van, yet this is a loan that is going to be financed by taxpayers’ money. Mr. Deputy Speaker, Sir, when you look at Sino-Kenyan relations, one of the things that we must confess is that there is an uneven relationship. We have a portfolio with the World Bank (WB), where they are giving us concessional loans at three per cent. However, the Chinese short-term loans are even at 35 per cent, payable within five years. Is this the way to go?
(Sen. (Prof.) Kindiki): Senators, organize your time; you have three minutes only. Proceed, Sen. Mutula Kilonzo Jnr.
Thank you, Mr. Deputy Speaker, Sir. I have just shared a document which was sent to me by a journalist from The Standard Newspaper, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr.! Who have you shared the document with?
The Chairperson, Sen. Sakaja. That is the reason I just wanted to make a comment.
(Sen. (Prof.) Kindiki): Alright, proceed.
Mr. Deputy Speaker, Sir, this is a secret agreement and one of the paragraphs reads:- “One should not post negative articles, writings, videos or photos on social media, Facebook, YouTube and et cetera that involve SGR operation.” The only reason this secret agreement is being done is because photographs have appeared in the newspapers showing workers lying down. This matter is not even a scandal; it is a matter of national concern. Mr. Deputy Speaker, Sir, on the question of wildlife dying along the railway line, I am aware that one of the coaches travels with these Chinese. More importantly, work permits for foreigners are supposed to be given for work which no Kenyan can do. Therefore, when a Chinese who cannot even speak English is manning a gate and Kenyans are looking for jobs, what are you talking about? Sen. Sakaja and his team should get to the bottom of this matter quickly. Lastly, Mr. Deputy Speaker, Sir, can we afford a million shillings a day? What are you saying? This is going to become like the Port of Sierra Leone and Sri Lanka; we are going to sell our national treasures to these people. Our debt to the Chinese now stands at 66 per cent of all our debts, and it is growing. If we do not wake up and smell the coffee, Senators, this is going to be something huge. Thank you, Sen. Sakaja, for bringing this up. Mr. Deputy Speaker, Sir, the Chinese have given me problems. For example, Sen. Seneta was telling us about Emali Primary School, where they split the school into two and the railway line is in the middle. The school has been destroyed and they have refused to repair it. When they go to Makueni and we complain, they go and bribe the teachers with Kshs200,000 or Kshs300,000; we have a crisis! There were floods in Sultan Hamud recently because of the SGR. That was the first time we experienced floods there because they blocked all culverts in order to raise the railway. Mr. Deputy Speaker, Sir, let us get to the bottom of this matter or history is going to judge us so harshly when we begin paying these debts and selling our country to the Chinese by giving them the Port of Mombasa, the Jomo Kenyatta International Airport (JKIA) and a part of Kenya. I call it the road to Shanghai. Thank you, Mr. Deputy Speaker, Sir.
(Sen. (Prof.) Kindiki): Proceed, Sen. (Prof.) Kamar.
Thank you, Mr. Deputy Speaker, Sir, for allowing us to ventilate on this issue. I join my colleagues and, in particular, Sen. Sakaja in relooking at 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): That is good time management. Thank you, Sen. (Prof.) Kamar. Proceed, Sen. Wetangula.
Thank you, Mr. Deputy Speaker, Sir. The information in public now about the Chinese and the Standard Gauge Railway (SGR) is a matter that would warrant a public inquiry. I want to salute the Senator for Nairobi City County for acting as Committees should; that they do not have to wait for this House or the Chair to motion the Committees to act. They must act when matters that affect Kenyans appear. Among the people that he should summon must include the Attorney General who sanctions and approves all contracts signed between the Government, foreign Governments and foreign entities. Second, there are several questions on the amount of money that is being paid to the Chinese firm for managing the SGR. Sen. Sakaja’s Committee must find out whether this contract between China Road and Bridge Corporation (CRBC) and the 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.
If you did, then that is excellent. We, as a country, cannot mortgage ourselves. Our public debt is now standing at Kshs5 trillion. That is unmanageable. The Governor of the Central Bank of Kenya (CBK), Mr. Njoroge, has already fired two warning shots that this country cannot borrow anymore because we have burst the ceiling yet we are told that even the little we have is in the hands of foreigners. The Chinese are doing jobs, like my colleagues have said, that Kenyans can do. I have seen on the highway---
Mr. Deputy Speaker, Sir, just one second.
(Sen. (Prof.) Kindiki): I have added you one minute, Sen. Wetangula.
Thank you, Mr. Deputy Speaker, Sir. I have seen, on the highway, the Chinese driving graders and shovels and they wave for a vehicle to stop so that another one can pass from the other side on a construction site. Those are jobs that you do not even need anybody who has gone to school to do. Why are we reducing our country to this? This Committee must make far reaching recommendations on; first, whether the borrowing on SGR was viable. Secondly, whether it is a contract in the terms that I have said; BT, BOT, BOOT or Build Own Operate (BOO). Thank you, Mr. Deputy Speaker, Sir.
(Sen. (Prof.) Kindiki): Proceed, Sen. Nyamunga.
Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to also make a few comments on this. I know, as a country, we need partners in different areas. However, the rate at which the Chinese have treated our people is not acceptable. It is not only about the SGR, but also on the roads. For example, in Kisumu where I come from, on Kisumu-Kericho Road, there is T-junction towards Kisii 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.
(Sen. (Prof.) Kindiki): Proceed, Sen. Ndwiga.
Thank you, Mr. Deputy Speaker, Sir. I would like to congratulate the Senator for Nairobi City County for bringing this matter to this House. It is high time that we, as a nation, started to relook at the kinds of relationships we have with whoever wants to partner with us in development. Sixty years after Independence, it is very sad that the Senate of the Republic of Kenya is discussing racism. For so many years, the Kenyans fought to have their own dignity. Today, we have a situation where Kenyans are being treated like labourers in their own country. This is not all. I beg to inform the House that if you are a Kenyan and you go to China and you intend to start a small business, first of all, you will not be allowed to start any business if it is not 55 per cent owned by the Chinese. That is where we need to revert. Today, we are seeing the Chinese peddling wares in our markets all over the country. They have an attitude that we are lesser human beings and that they are of a superior extraction. This is something that, as a country, we cannot accept. Getting back to the SGR, I would like to congratulate the Chairperson of the Committee for summoning the people who are concerned in the management of SGR. It is a project that Kenyans are proud of. However, being proud of a project does not mean that our people should be treated in an inhumane manner. Most of these Chinese truck drivers you see are actually prisoners. We all must know that China has a policy of exporting its excess labour to the developing world. If they want to do that, this country must state categorically that we do not want those kinds of fellows. This must be made very clearly that we do not want prisoners and misfits in this 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.
(Sen. (Prof.) Kindiki): One minute for Sen. Ndwiga.
Mr. Deputy Speaker, Sir, it is not the first time that we are seeing this kind of behavior from the Chinese in this country. During the construction of Kasarani Stadium, it was the same thing. Those of us who know China very well and their policies, we know the policy is to export their excess or misfits who are not useful in their country to this country.
Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I thank the great, “super Senator” for Nairobi County for this ---
(Sen. (Prof.) Kindiki): Order, Senator! What did you just say? Which Senator are you referring to?
Mr. Deputy Speaker, Sir, Sen. Sakaja.
(Sen. (Prof.) Kindiki): Who is?
The “super Senator” of ---
(Sen. (Prof.) Kindiki): Order! This is not a political rally.
Mr. Deputy Speaker, Sir, I withdraw.
(Sen. (Prof.) Kindiki): Out there, fine. In this Chamber, we have Senators.
Okay. I stand guided.
(Sen. (Prof.) Kindiki): We have no super or junior Senator anywhere in this Chamber. We only have Sen. Mutula Kilonzo Jnr., Senator for Makueni County.
Thank you, Mr. Deputy Speaker, Sir, for that indulgence.
(Sen. (Prof.) Kindiki): Add Sen. Cherargei one more minute.
Thank you, Mr. Deputy Speaker, Sir for this opportunity. I also thank Sen. Sakaja who is also my Chairperson in the Committee on Labour and Social Welfare. I think as a Committee, we will treat this matter with the seriousness that it deserves. One, it is very sad that most opportunities that should have be given to our people are being given to the Chinese. I think we need to relook the issue of work permits and I challenge my Chairperson, Sen. Sakaja, that we must relook and agree on the work permits. The only place in this world where you walk in like a toilet and you do what you want is Kenya. That is why you find Chinese selling even roasted maize in Narok County. In the same county, the other day you saw people fighting over Corporate Social Responsibility (CSR) projects. These are people who think they are more important than Kenyans. We must review how we handle the work permit regulations in this country and avoid a situation where every Tom, Dick and Harry walks into this country and behaves as they wish. Second is on the issue of CSR. I have seen many Kenyans up in arms when the Chinese are given projects to work on. They do not care about how people use their roads 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. Madam Temporary Speaker. Sen. (Prof.) Ekal, proceed.
Thank you, Madam Temporary Speaker, for giving me the chance to also say a few things about the Chinse issue. The Senator for Nairobi County – we are not allowed to call him “super” but he is a great Senator – thank you for bringing up this topic. This is not only at the SGR but all over the country and it is a matter of Kenyan dignity as Sen. Cherargei said. I have been to China and the Chinese are not as civilized as we thought they were. We think that they have been civilized for 5,000 years but when we were in China, we got very lousy treatment from the Chinese. Having Chinese all over this country is questionable. Why do we have them doing the little things that our children should be doing when they do not have jobs? I know the Chinese are in Turkana County constructing roads but their treatment of the people of Turkana is wanting. I have heard complaints from young people that 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, Madam Temporary Speaker, for giving me a chance to add my voice on this important Statement. I congratulate the Chairperson of the Committee on Labour and Social Welfare for having thought about this SGR issue. These are arguments that our Government should look into in terms of the percentage of the local content in these agreements. We are not against foreign investors but against an investor in the country getting all the raw material he wants and even the required labour from his own country. It is not all about the SGR. Yesterday, the Senator for Turkana County raised an issue where Tullow Oil companies are not employing locals. Here is a company working in Turkana County – a county that has been already marginalized for many years – where we are getting an important resource and yet locals do not get any returns in terms of labour and businesses. They get nothing from that resource. Therefore, it is time for our country to review these investments. We should clarify what we, as a country, should get from an investor when they invest in our counties. This does not just apply to the national Government, but also the county governments. I am sure that many counties are excited to get investors, but as they do so, they should not enter into agreements without agreeing on what an investor is supposed to give back to the community. We shall support this when it comes to the Committee. I wish to ask the Chairperson to invite all of us, so that we can contribute and listen from the Ministry concerned on what they are supposed to be doing about this. Thank you, Madam Temporary Speaker.
Thank you, Madam Temporary Speaker, for giving me this opportunity. I would like to thank the Senator for Nairobi County for bringing this matter. Last year, when the Maasai were discriminated against by the Chinese in Narok, they did something that I would consider as fighting for their rights and a few of them ended up in hospital. What Sen. Sakaja has done now, is actually warning us that if we do not take The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
You may proceed.
Thank you Madam Temporary Speaker. The Chinese do not care about the environment when they extract resources for the construction of the SGR. Right now, the children who live in an orphanage that is next to Siyiapei River are taken to hospital frequently because of respiratory diseases. Therefore, we have to be careful. In fact, the floods washed away all their equipment into the Ewaso Nyiro River. This is a matter that must be dealt with the urgency that it deserves, so as to ensure that our Kenyans have jobs. Earlier on, the Statement that was brought by the Senator for Turkana County talked about cattle rustling. I can also take a gun and fight if I cannot be given a job in this country. I support this Statement and want to ask Sen. Sakaja to call upon us--- I am warning that if this matter is not resolved and the Maasai of Narok will be not considered to work in the SGR in Narok, then it will not work; we do not need it. Thank you, Madam Temporary Speaker.
Thank you Madam Temporary Speaker. I also stand to express my concerns on what is happening, as I support Sen. Sakaja on how the Chinese have been treating our fellow Kenyans. For those who have read history, there was a gentleman called Mugo Kibiru, and I come from that lineage. He once talked of a snake that would pass across our country 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 Madam Temporary Speaker. I stand to support the Statement. In Zimbabwe the Chinese were literally doing everything. That is also coming to Kenya. It is not just about the SGR; if you go Eastleigh you will find the Chinese hawking. What else do we expect from them, if they can go to that level? This is the right time for us to tell them to go home. They can give us the money, which we will pay back, but they should not give us blood money, which will kill us. Madam Temporary Speaker, when they will bring industries to Athi River there will be the wholesalers, agents and hawkers. Next time as the Senator from Narok said, they will make sure that they have a lot of their children here. Already I am told that there are Chinese children around Thika and other areas because of the Thika Superhighway. In another 10 or 20 years, half of Kenya will be Chinese. If that is what we want, then we will be in trouble. My take is that these people are too much. You can see what the Americans are doing; they are pushing them out of their country. I think we need another Donald Trump here. Everything now comes from China and we have nothing to give them. The little they take from us is of no use to them. We should make sure that we get our dues properly and China either invests in this country properly where Kenyans get what they need. They should bring technology transfer to us. They are stealing it from America and the western countries. We cannot steal from them. The only way we can learn from them is for them to change all their machineries and language to either Kiswahili or English. If everything is in Chinese, we will learn nothing. So, the Government of the day should act. As Senators, we are behind Sen. Sakaja.
Hon. Senators, I would like to acknowledge the presence in the Public Gallery this afternoon of visiting students and teachers from Logorate Primary School, Samburu 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. Sen. Sakaja, do you have an intervention?
Madam Temporary Speaker, I thought Members had all contributed to this particular issue. However, I will speak after they are all done because I just want to acknowledge the comments that I have received as the Committee goes into it. A few others want to contribute.
Order! I would like to give an opportunity to the Senator for Samburu County to welcome the delegation from his county.
Thank you, Madam Temporary Speaker. I take this opportunity, on behalf of the Senate, on your behalf and on behalf of the people of Samburu to welcome the students and teachers of Logorate Primary School to the Senate of Kenya. I am sure that this is the first school from Samburu County that we have received here in the Senate. I welcome them to see how we do business in this Chamber. This is where the people of Samburu have sent me to represent them. I am here today to welcome you and any other school that is willing to come to this Senate and learn what we do in the Senate. The Senate of Kenya does functions that concern our counties. We have been to your school; I have been to your place. I want you to take greetings from this Senate and tell the people that we welcome schools and visitors. We have a place for them in the Senate. Thank you and welcome.
Bi. Spika wa Muda, nina kushuru kwa kunipa nafasi hii ili niwakaribishe wanafunzi na walimu wa shule ya Logorate kutoka Kaunti ya Samburu. Ningependa kuwahimiza watie bidii katika masomo yao kwa sababu sisi kama viongozi tulikuwa wanafunzi kama nyinyi. Seneta wenyu kutoka Samburu Kaunti ni shujaa. Yeye ni kiongozi ambaye anawatetea masilahi yenu hapa. Pia nyinyi lazima muweze kumfuatilia na kutazama yale ambayo anafanya. Ninajua kuna mambo mengi ambayo yanafanyika katika Samburu Kaunti. Kwa mfano, viongozi na watu wa Samburu Kaunti wanajishughulisha na town council kuwa municipality na kadhalika. Hilo ni jambo ambalo pia nyinyi mnatakiwa kuhusishwa nalo. Ningependa kuwakaribisha kabisa na mjihisi nyumbani. Feel at home . Kiswahili ni ngumu sana lakini nitajaribu kidogo, Enjuro! 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.
Senator, that is very unprocedural!
Madam Temporary Speaker, allow me to join my colleagues in welcoming the students from Samburu West. I have been to that constituency severally. I am glad to note that their constituency is the first ever in Samburu to elect a Samburu lady by the name, Hon. Naisula Lesuuda. She is the first elected Samburu lady on the earth. We want to congratulate them. I remember the last time I went there for a harambee, at that time the current MP was a nominated Senator who I was proud to have nominated when I was chairman of TNA. I got three punctures from Rumuruti to Samburu. I went there with a vehicle that had low profile tyres. I had to be evacuated from a place called Suguta Marmar. As a result of that, I committed to make sure that their road is done from Rumuruti and also from Maralal to meet in the middle. I am glad the Senator of Samburu has alerted me that progress has been ongoing. So, remember Sakaja when you see that road. I wish you all the best; I wish them great success. They can be anything they choose to be if they put their hearts and minds in education and the values that they need to stand by as patriotic Kenyans. You are fortunate that you have amazing leaders like the Senator here, your MP Hon. Naisula, your governor and all the rest of the leaders. Support them and be diligent in your studies.
You must always remember that we do not address the visitors directly; but we address them through the Chair. We can now revert back to our previous debate. I would like to give the opportunity to Sen. Maina.
Thank you, Madam Temporary Speaker. I came here because this matter is weighty. It goes beyond mere mistreatment of our workers. The issue of the Chinese in this world is not a new one. Malaysia developed when Dr. Mahat took power and actually chased them out. That is the time Malaysia took the route of development. Madam Temporary Speaker, before I come to the mistreatment of our workers, this country has youth who are seeking employment which, to me, is a time bomb. Anybody who comes here with prisoners from his country so that our children cannot get employment, no matter the financial benefit, that should be set aside. We want Kenya to have a social benefit. Sessional Paper No.10, which was authored by the late Tom Mboya and Hon. Mwai Kibaki as his Assistant Minister, was signed by the late Mzee Kenyatta in 1965. During that time, I was in school. If people read it, they will see the policies that our forefathers set for the development of this country. One of them was Kenya first. If Kenya wants to remain as Kenya, the issue of the Chinese needs to be looked into. Anybody giving us money so that he can bring his prisoners here to work as cooks and bring goods from his country duty-free should not be welcomed. We need people who will come, develop Kenya and bring expertise that we do not have while using locally available Kenyan expertise. 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. (Eng.) Maina, you have an additional minute.
Okay, Madam Temporary Speaker. This is a subject that we need to address in another forum. We must retrace our footsteps as a country and remember our forefathers. We must start reclaiming ourselves through papers, like Sessional Paper No.10, which was made right here in this House; the old Parliament building. Therefore, Madam Temporary Speaker, the issue of the Chinese mistreating our people needs to be relooked, because it is a disgrace in this century and it should never happen. I encourage and support this Committee to come out without mincing words and tell Kenyans what they have seen. They should go beyond the mistreatment and see the destruction that is on the way. Thank you, Madam Temporary Speaker.
Proceed, Sen. Farhiya.
Thank you, Madam Temporary Speaker, for giving me this opportunity to contribute. I thank Sen. Sakaja, for bringing up this issue. As I listen to other Senators discussing this issue, what goes through my mind is that we have employment contracts in this country. If normal companies breach any employment contract and harass their staff, there are laws that deal with them. Do these laws not apply to the Chinese? What is going on? Madam Temporary Speaker, on the discussion regarding corruption, I know that corruption breeds a lot of poverty in this country. Instead of money going into the pockets of Kenyans, it is going into the pockets of the Chinese. It is very unfortunate that they are taking all contracts, including jobs that Kenyans can do. We know that 70 per cent of the population of this country is youth and all of them are coming to the market to seek employment. If foreigners are taking up all the employment opportunities, where does that leave Kenya? Madam Temporary Speaker, we should not allow a foreign country to take up our heritage. If we get so indebted to them, then it means that very soon, we will lose not only our heritage, but also our sovereignty. The Committee should also conduct an analysis of the financial costs in terms of our borrowing and compare it to the cost of 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.
Finally, proceed, Sen. Mwangi Paul Githiomi.
Thank you, Madam Temporary Speaker. I stand to support Sen. Sakaja’s Statement. It is becoming difficult to get jobs in Kenya and we know that our youths do not have jobs. It is common knowledge that Chinese companies in Kenya are taking prisoners from China to come and work for them here for free. Therefore, these companies cannot compete with local contractors because they are not paying for labour, because they are using their prisoners. Madam Temporary Speaker, it is important that we start creating jobs in Kenya whichever way we can to ensure that our youth get jobs. We are sitting on a time bomb because our youth are graduating from our universities and are unemployed, yet we are giving the few available jobs to the Chinese. We know that their cost of building roads is less than those of local contractors. This is only because they are not paying for labour. It is time we started thinking of our local contractors. Yes, we know that at some stage in time, they did not perform and they used to delay construction of roads. However, it is time we started thinking of our local contractors because there is nothing they lack. They have the right education, the machinery and everything else it takes to build roads. By now, they must have known that they can lose their jobs because of not being serious on their jobs. We should, therefore, embark on giving our people contracts and ensure that our youth are employed by the local contractors. Madam Temporary Speaker, theft by servant in China attracts a death sentence by hanging. Their law is such that those found guilty are to hang until they die. If they have such strict laws, why should we allow them to bring prisoners to Kenya to work in the construction of roads?
Sen. Sakaja, do you want to respond? You have one minute and then I will give directions.
Yes, Madam Temporary Speaker. I thank the Senators who have improved their areas of focus. If we look at our Constitution, Article 10 talks about the National Values and Principles, while Article 102(b) is about human dignity, equity, social justice, inclusiveness, equality, human rights, nondiscrimination and protection of the marginalised. Similarly, Article 27 of the Constitution talks about freedom from discrimination. Part 1 of Chapter 12 talks about the Principles and Framework of Public 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 very clear that we have been dealing with a very weighty matter. I, therefore, direct that Sen. Sakaja and his Committee carry out a thorough and watertight investigation with all the facts that have been raised here and report back on this matter in two weeks’ time. Hon. Senators, I am deferring Order No.s 10, 11 and 12 to the next sitting.
On a point of order Madam Temporary Speaker.
What is your point of order, Sen. Sakaja?
Madam Temporary Speaker, on a purely procedural matter, I acknowledge that we have moved on to the use of technology in the House and that the Order Papers are on our iPads. I hope that the secretariat has noted that when they bring us a Supplementary Order Paper, it is not updated on the iPads, so we cannot follow. For instance, the matter that has been read out as Order No. 13 is Order No.12 and the County Boundaries Bill does not exist on the original Order Paper. I, therefore, ask that you direct that the Office of the Clerk of the Senate makes sure that if there is a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Sen. Sakaja, have you looked at your Order Paper? I do not think that there is any change?
Madam Temporary Speaker, pardon me, I will consult the technology.
Let us move on to the next Order.
Sen. (Dr.) Mwaura had a balance of 14 minutes. Please proceed.
Madam Temporary Speaker, the issue of retirement benefits for senior public officials is a matter that we need to canvas ably in this august House. Yesterday, as I was speaking, my main concern was the fact that there are so many commitments that public officials make for the benefit of this country. If these benefits are not seen as to ensure our country is able to run effectively and that these leaders end up being ridiculed by the kind of lives that they lead after they leave public office, then we are encouraging people to cling onto power. This is the reason why in most African governments, you will find people not willing to retire. Mr. Mo Ibrahim, the founder of Celtel has come up with a very innovative award scheme to ensure that the presidents who retire voluntarily are able to go home with dignity. We all saw what happened in Zimbabwe. The military had to come in for one President Robert Mugabe, to retire from public office. Madam Temporary Speaker, I do not want to belabor the point but a majority of our retiring parliamentarians live in abject poverty. These are people who have no future because they are unemployable. When you have led a very robust public life and now you are in the process that you cannot go back to be under somebody; maybe you are too big for that institution, it certainly means that you do not benefit from whatever economic activity that others would very willingly achieve. That is because you have the baggage of being a ‘ mheshimiwa. ’ There is a lifestyle that you are expected to live. 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.
Your time is up. Proceed, Sen. Cherargei. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Madam Temporary Speaker, for the opportunity to contribute to this Bill. Many of my colleagues have contributed to this Bill with a lot passion. When Sen. Mwaura was on the Floor, I could tell this Bill deserves seriousness. Madam Temporary Speaker, I thank the Senator of Narok County, my good friend, Sen. Olekina for well-thought out amendments to the Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill (Senate Bill No. 2 of 2018). I agree leadership is a calling which needs sacrifice. It is more of a sacrifice to the people. It does not have personal benefit to a leader. Napoleon once said: “Leaders are dealers of hope”. Therefore, we, as leaders, must inspire and give hope to our people so that we achieve our dream, as a nation. Madam Temporary Speaker, there are high expectations from people when they meet a retired Member of Parliament, councillor or anybody else who has served in a position of leadership. They asked what those people did with their life when they were leaders. That is what Sen. Mwaura said that it calls upon the people in leadership to try and aggrandize, steal and perpetuate corruption. This is because they know that after they fail to be elected again, they do not have an opportunity. It is hard for somebody who has been in politics or leadership to earn a living or to get a job. That is why we find that many leaders who did not make it in the last general election or those who have served this country with distinction, used their productive years to change the lives of Kenyans, are now languishing in poverty. Madam Temporary Speaker, we appreciate there are iPads in this Chamber. I can see Sen. Olekina is smiling because he might be tech savvy like many of us. I urge the leadership of Senate to update and make sure the internet being accessed here is faster because some of us rely more on online access. With your guidance, you should direct them to ensure the internet access in this Chamber is supersonic, so that we access reference material quickly. The issue of former councillors has been with us for the longest time possible. It is a pity to see them struggling to make their ends meet. They are currently referred to as County Assembly Members (MCAs). It is paining when one is invited to a fundraiser of a leader who cannot even support his family because he did not get re-elected. Madam Temporary Speaker, I want to appreciate the famous “handshake” although some of us have been very cautious about it. The former Prime Minister said he will give full disclosure of what the “handshake” was all about. It was between him and President Uhuru. If he has done so, it is okay. This is because there was a lot speculation. It was even said for the former Prime Minister and Vice-President to access their pension benefits, they had to become politically inactive. I know this Bill will generate a lot of interest. However, we are looking into the future. We do not know what will happen in future. Some people told me to support this Bill because nobody knows about the future. However, I am certain about the future because I know the fifth President will be Hon. William Samoei Ruto. My friend, Sen. Olekina, was trying to prepare a soft landing. I assure him the future is bright. Maybe in future and it is infinite, some of these issues will be put to rest. Let us avoid looting. We want to see other families. These are people who have a particular stature in the society. 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.
Excuse me Senator, I really need some clearance between whoever is speaking and my Chair so that I concentrate. You can continue.
Thank you, Madam Temporary Speaker. I want to talk about the issues of corruption. I know some of us will run for governorship. My good friend from Narok County and many others will run for the governor seat. Sen. Sakaja is smiling; he might not be running for governor, but for president in future. If we know that you are a leader, but unfortunately, you do not get re-elected, you and your family must be comfortable. Recently the former Prime Minister was in India to take a message of goodwill from President Uhuru Kenyatta. It will be good to facilitate such leaders. Even in our county governments we would like to see serving governors assigning former governors, senators and others to represent them in various fora or level of administration. We need to facilitate and ensure that the human resources that we give them are people who can assist in management and execution of many other aspects. Madam Temporary Speaker, in as much as I congratulate my brother, let us include the former councillors and any former leader. They also even need medical cover. The other day I was invitedto do a fundraiser for a former Member of Parliament, I do not want to say where, his family could not even raise Kshs500,000 for hospital bill. He could not afford it after losing the seat. There is no medical cover. We should include medical insurance for the former leaders because they are still our leaders and need to be treated with dignity. We do not want to create hopeless leadership such that when somebody is elected, he knows that after losing the seat, he cannot have hope. He cannot even be hired despite the fact that he is held in high regard. We do not want to see our leadership being ridiculed that: “Do you know this person? He was a former Senator or governor. Look at him now; he cannot even afford a bicycle.” Madam Temporary Speaker, it even reaches a point where their spouses run away because they no longer provide. I know there are people who increase the number of spouses when they get elected. However, we know the first family remains with him, but others take off. We need to protect them so that “team mafisi ” will not take advantage of the desperation of former leaders. Fourthly, apart from medical insurance and human resource, the other aspect is the issue of dignity. Let us not expose our leadership. I have an opinion on the issue of whether you should get retirement benefits either as the Deputy President or designated state officer. In future if they want to benefit from this, they should become politically 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.) Gertrude Musuruve. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
Thank you, Madam Temporary Speaker, for giving me an opportunity to add my voice to this important Bill. I feel humbled. This Bill will be used now and for very many other years, even after we will be out of active politics. The deliberations that this House is making concerning this Bill will affect the future leaders of this nation. The students who have been coming here many times to listen to our debates will find themselves here. This Bill will help them. It is a Bill will help this nation and ensure that we mentor leaders who have esteem. Once someone is a leader, that person will forever be a leader. When you are in leadership, you will be proactive to do what you are mandated to do. Even when you are not in leadership, you are still a leader, but just passive. When we look at the functions of the leaders of this nation, even constitutionally, they use a lot of their energy in terms of time to ensure that they deliver to the people of the Republic of Kenya. When you look at what the constitutional demands of the Deputy President, he cannot even have time for himself. He assists the President and has to be there when the President demands. In a situation where the President is incapacitated or is not in apposition to execute, the Deputy President has no otherwise. He has to perform because it is a constitutional mandate. This constitutional mandate has an impact, which is diverse. The impact is that he has to give himself selflessly to the Republic of Kenya. For him to perform, he has to give up his everything. In a situation where a Deputy President has performed for the purpose of his nation, there is need for him to be remembered when he retires. Remembering the Deputy President means that his family and people should not suffer because he is not serving anymore. When I talk of the Deputy President, I am referring to many of them in the making. The students who come here to listen to our debates are also Deputy Presidents in the making. This is a pronouncement we want to make that will help the future of this nation. Madam Temporary Speaker, there are situations where leaders of this country sacrificed their time and everything but, eventually, their families languish in poverty during their old age. I remember that at one point, there was the story of the widow of Dedan Kimathi. Who in this country does not know what Dedan Kimathi did? However, his widow and children were dying in poverty. It is time we remembered the people who worked for this nation and ensured that we do not embarrass them when they are old and their hair turns white. That is the time they need us to support them and tell them; “Yes, you stood with this nation and we want to take care of you.” Their health comes first and it should be maintained as it was before. They also need to have cooks and drivers, as they had before because they gave themselves selflessly to this country. Madam Temporary Speaker, while talking about this, I am looking at all the designated State Officers who have given positive contributions to this country, including the former Prime Minister. We had a Prime Minister whose contribution in this country is still very vivid. Even the handshake itself tells us of how important he is to this country and we cannot possibly ignore him in any way. Leaders who have led this country can act as consultants and advisors because they have a wealth of information and knowledge about policies that are important in this country. We cannot, therefore, possibly ignore them. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.
That is very good. Sen. Sakaja, proceed.
Thank you for this opportunity to contribute to this debate on retirement benefits. This is really just an amendment to an already existing law that provides for the retirement benefits of the Deputy President and designated state officers which was passed in the last Parliament. If you remember the timing of this Bill and also 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.
We have Sen. Seneta in line to contribute and three minutes left to adjourn. You can start and then continue in the next sitting.
Madam Temporary Speaker, thank you for giving me a chance to contribute to this very important amendment Bill. From the outset, I want to congratulate Sen. Olekina for thinking about the people who have given service to us, as a country. When talking about people who have served this country, either as Presidents or state officers, we should think about individuals. We should think about the fact that, at one time, you might be the one being talked about. When discussing the retirement benefits for the former President, Vice Presidents and State officers, we should think about the people who have served in this country. These are people who have given a lot of their time, commitment, energy and family resources to serve this country. When you are President, Deputy President or state officer you give all that you can to the country. Therefore, there is need for this House and the country to appreciate you when you are out of service. Also, there is need to ensure that there are policies and laws that are friendly even after someone leaves office. It saddens me when I come across people who served our country, like the former councilors, mayors, Senators and Member of Parliaments and are not in good health and their children are struggling. It is very sad that their children are suffering, yet they served this country and people well. Therefore, this Bill seeks to promote or preserve the dignity of the people who have given all they could to the country. It is a very good Bill, just like we shall talk about--- 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. Senator, I am sorry to interrupt you. You will have a balance of 16minutes next time the Bill is listed for debate.
Hon. Senators, it is now 6.30 p.m.; time to interrupt the business of the Senate. The House, therefore, stands adjourned until, tomorrow Thursday, 12th 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.