Hon Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting staff from Meru 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) Mr. Dennis Munene - Office Administrative Assistant; (2) Ms. Doreen Ngugi - Office Administrative Assistant; and, (3) Ms. Sarah Nkatha - Office Receptionist. 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

Hon. Senators, I would also like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Rockfields Junior School, Nairobi County. 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, lastly, I would also like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Ululinzi Secondary School, Makueni County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate, and my own behalf, I wish them a fruitful visit. I thank you

Mr. Speaker, Sir, thank you very much for giving me this opportunity to join you in welcoming the students from Makueni and Rockfields Junior School who have come to this House. It is a wonderful thing for students to come to this House to engage and see what is happening. I can see future Senators and doctors among them. There could even be presidents and prime ministers among them. It is a good thing for students to come and see what happens in the House, as they prepare and think of what they will become in future. We want students to come and engage with us. They need to see exactly what happens in this House, so that they can be leaders that we can reckon with in this nation in some years to come. I also join you in welcoming the county assembly staff from Meru County. It is a good thing for them to be in the House we are part of devolution. So, when they come to this House and engage with us, it is a wonderful thing because they will pick a leaf from this House. When we go to the county, they will also relate with us. Since we want devolution to work, they need to come to this House and learn from us. I am sure they will learn something from our debates. Mr. Speaker, Sir, thank you for giving me the opportunity to welcome all who have come here to engage with us.

Mr. Speaker, Sir, first of all, I acknowledge the staff from Meru County Assembly. Welcome to the Senate. At some point we were worried about their budget and the contest between them and the ‘king’ of Meru. We are glad that you resolved that dispute. I also welcome the students from Ululinzi Secondary School, Kibwezi East Constituency, Masongaleni Ward. This school has sent three batches of students. It is an The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I rise to welcome the staff from Meru County Assembly and the students from Makueni County. For the staff from Meru County Assembly, I am happy to say that some of us observe that they are doing a good job. They should continue with their present Governor, Hon. Kiraitu Murungi. It is good for them to come here. The only message they should take back home is that this House is concerned that services should be accorded to the people at the minimum economic levels. This House will be pleased to hear that counties are using money in the right way and have programmes to improve the lives of the people. I believe that, that is the policy guiding Meru County. Mr. Speaker, Sir, I also encourage the students from Makueni County that it is good that they have come here. They should make a decision today that they want to be Senators in this country one day. As students, what they get motivated about will come to be. This is so true that in the United States of America (USA) President Bill Clinton got motivated to become a President when he was a student leader and made a visit to the White House to meet President Kennedy. I, therefore, believe that some of these students will become Senators and Members of the National Assembly for the betterment of this country. They should feel welcome and this House will do everything possible to make their education better. I thank you.

Mr. Speaker, Sir, I also join you and my fellow colleagues in this House in welcoming staff from Meru County who have come to join us this afternoon. I also extend my welcome to Rockfields Junior School from Nairobi County, as well as the school from Makueni County. Students choose what they want to become in future. Therefore, it is important that students from different schools come to visit the Senate to see for themselves. I welcome them and tell them that they are the future Governors, Senators and Members of the National Assembly. We may also have the future president amongst them. Thank you, Mr. Deputy Speaker, Sir.

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

Mr. Speaker, Sir, thank you for giving me a chance to read this Petition on behalf of the citizens of the Republic of Kenya and residents of Kaputei North Ward in Kajiado County. “We the citizens of the Republic of Kenya and residents of Kaputiei North Ward, Kajiado County draw the attention of the Senate to the following: (1) That we are aggrieved that a majority of the flower farms, institutions and other companies operating in Kaputiei North Ward in Kajiado County do not employ locals, thus denying the community opportunities for economic and social advancement. (2) That the majority of these flower farms, institutions and other companies do not advertise for jobs in the local dailies or public places within the ward or public offices. (3) That despite making huge profits from their operation in our ward, these farms do not invest back in the community, through Corporate Social Responsibility (CSR), which has entrenched a sense of exploitation and marginalization among the local people, as well as anger and resentment towards these farms. (4) That we have made the best efforts to have these matters addressed by the relevant authorities, all of which have failed to give satisfactory responses. (5) That none of these issues raised in this Petition is pending in any court of law; constitutional or any other legal body. Therefore, your humble Petitioners pray that the Senate investigates this matter and; (a) initiates legislation to provide for a mandatory minimum percentage of employees in a farm, comprising both skilled and unskilled workers who must be recruited from the local community; (b) that this House recommends that flower farms, institutions and other companies be required to advertise for their jobs in public places and in local newspapers in the areas where they operate; (c) recommend that flower farms, institutions and other companies be required to include in their boards of management representatives from the local communities and engage them in decision-making, including during recruitment exercises; (d) recommend to the relevant line Ministry and State agency to take action against any owner or managers of these farms found culpable of the grievances raised in this petition. THAT, the Senate initiate legislation to provide for mandatory CSR by farms carrying out operations in an area so as to uplift the general living standards of the people in that area and in that community. 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, pursuant to Standing Order No.226, I shall now allow comments, observations or clarifications in relation to the petition for not more than 30 minutes.

Thank you, Mr. Speaker, Sir, for giving me an opportunity to add my voice. I want to commend the Senator from Kajiado, Sen. Mary Seneta, for this petition. This petition is valid and is coming in handy. We are in a situation where we are talking of job creation in this country. We are saying that jobs are not available. In a situation where a factory has been erected in a community, in all fairness, members of that community need to benefit from that factory. There are some jobs that will need skilled personnel while others can be done by the locals. If the locals do not know how to pluck flowers in the flower farm, then the farm should train the locals so that they can do that job and benefit from the farm. When there is a factory in a local community, there is need to engage the local community in order to get the goodwill of the people. Once you get the goodwill of the community, they will support you in various ways. They will supply the labour and protect your investment. In a situation where a factory is erected in a community and it is providing for that community economically, there is no way that factory can fall. All the residents and the locals will ensure that they support the factory so that it stands. Mr. Speaker, Sir, the Senator has also raised the issue that the factory does not even engage in CSR. It is unfair for a factory to be erected in a community and become insensitive to the needs of the community. There is need for that factory to be engaged in CSR so that even the community knows that the factory is there and that it is supporting and helping them in various ways. There is need in all ways, even for the relevant authorities to take action. The Senator has just mentioned that the locals have complained to the relevant authorities who have decided to turn a deaf ear to their complaints. It is unfortunate that the relevant authorities are not taking action. It is important for this Senate to pursue this petition so that the relevant authorities are accountable and taken to task so that they serve the people of that community. The authorities there are employed to give a service to the community. The Senator has mentioned clearly that when it comes to recruitment, they do not advertise the jobs because they do not want the locals to know. They have their own private arrangements of employing people. This should come to a stop. There is need for the locals in Kajiado to be engaged and know that these jobs are available and they have been advertised so that they can also apply and get shortlisted competitively. They had better apply, get shortlisted and then they fail at the interviews stage. But if they are not given an opportunity even to apply, it is very wrong. We are talking of job creation but if a factory cannot support job creation where it is erected, then it is not serving the people of this nation.

Hon. Member, I hope you understood the petition. You are talking about a factory, but the petition was talking about flower farms. 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 was looking at the flower farm as a factory in terms of its engagement. There is need for some legislative way of doing things so that if a factory is erected in a community, then it should also serve the people in that community and benefit them so that the locals can enjoy and see that the presence of the flower farm is there to their advantage. I want to suggest that this petition should be referred to the relevant committee so that it pursues it and ensures that the residents of Kajiado benefit from that flower farm.

Thank you, Mr. Speaker, Sir, for the opportunity to contribute to this petition. I want to thank Sen. Seneta for coming out in defense of her people. However, we need to remember that Kenyans are allowed to work in any part of this country. The only thing she should be pushing for is that these flower farms should have a certain quota for the locals but it should be left open for the rest of Kenyans to go and work in those flower farms. She should further find out why these flower farms are not employing locals so that we go back to find out what the key issues are. As we deal with the quota that is to be assigned to locals, we should also look at issues that these flower farms have against the locals. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir, for the opportunity to contribute to this petition. Allow me to congratulate Sen. Seneta for speaking up for the people of Kajiado. I know there are issues around local unemployment and the rights of Kenyans to work anywhere in the country. But I think this petition is about more than just the process. It is a fundamental underlying problem of unemployment of people in the counties, unemployment of youth, but also where is the local content? Where are the locals in the big scheme of things? When we attract investments into our county or even in our country some of the benefits that should be accruing should be that there will be local employment, local capacity development, transfer of technology or know-how to local units and people. By virtue of the fact that a certain investment is in a county or in a locality, then something changes for the better for the communities around there. There is a host community she is talking about. These communities bear the burden of all the other negative effects of what these flower farms bring. Therefore, they should get some benefits out of it. When it comes to the water in their taps going dry because the water has been diverted to the flower farms, it is the local community that would bear the brunt of whatever insecurities will arise out of that or whatever else comes with it. So, it is only fair that when investments come to the local communities or to our counties, there is a commensurate benefit. This is the essence of the economics of foreign or local direct investment. If an investment comes to the county in Kajiado, Isiolo or any other county, the host community should have something to show for it. This is the spirit in which I think the hon. Senator is bringing this petition before this House, to make sure that we look after the communities that host and bring the right environment in which these factories and flower farms are operating. Mr. Speaker, Sir, some of these things are rights issues. Right now, globally, one of the things that is being pushed is that businesses must provide for the rights of the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I know Sen. Mary Seneta is a patriotic Kenyan and is never frivolous. I believe that she has brought this petition with a very clear mind that we are one indivisible nation called Kenya. Mr. Speaker, Sir, in the last Parliament, there was a crude attempt in Kiambu County to pass a local law to exclusively employ people from Kiambu in Kiambu. This Senate took a very strong view against it. As I support the petition to the extent that local people must not be ignored in employment; that the farms that make big money within the locality should at the very least participate in construction of recreational centres, schools, health facilities and other things, we should not lose sight of the bigger picture that we are a united nation and people are free to work, move, settle and own property anywhere and everywhere. Therefore, Mr. Speaker, Sir, I encourage that whichever Committee you are going to assign the Petition to must look at critical things like simple jobs of cleaning. Surely, those workers should not come from too far. If flower farms are appropriating water resources to the exclusion of the community, that should not be allowed. If they employ foreigners –like we have been crying about Orientals and others – that should not be allowed. More importantly, flower farms – and, indeed, any other investors – should The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to support this Petition. Mr. Speaker, Sir, we have been having challenges concerning CSR. I agree with Sen. Wetangula that this is not, in any way, trying to ensure that only one particular tribe is employed in that area. I know that all of us, as Senators, come from areas which harbor multinational companies. The biggest beef they have been having with the locals is about employment. Looking at what is happening in Turkana County over the issue of oil and many other things, it is because there has been no agreement or engagement with the multinational companies. In this case, it is the flower farms in Kajiado County. Therefore, Mr. Speaker, Sir, we are looking forward to the Petition being dealt with. I presume that it will come to the Committee on Labour and Social Welfare, where I sit. We must agree that we can use this as a yardstick so that in future, we can come up with the appropriate laws. Therefore, even before allowing some of these companies to set up shop in our localities, there should be a community agreement. For example, in the mining rules, there is a Community Mining Development Agreement (CMDA), where they agree on the percentage in terms of the CSR and employment opportunities. This is fair because it ensures that the spirit of Article 10 of the Constitution on equality, equity and in achieving social justice in this country is upheld. We hope and believe that the people who live within that locality, ward or county should be given an equal opportunity. This should not be based on their tribe or where they come from, but because they come from that specific place. It is not only about the Maasai Nation, but the more than 42 million Kenyans in this country. I beg to support.

Thank you, Mr. Speaker, Sir. I rise to support this Petition by my dear sister, Sen. Mary Seneta. In this whole country, there is only one person called Senator Seneta. Mr. Speaker, Sir, this issue of local content is very important and we cannot wish it away, just like that. The Turkana and Maasai are complaining. In fact, at some point, I feel as if we, the Maasai, are completely under siege. Because of lack of education, we have sold off all our land and even when these companies come to our place, they disregard our interests completely. This is a recipe for disaster. For example, when you to go Kilgoris, you will find a sugar company and it took the intervention of the Governor and myself to calm down the temperatures because the Maasai were up in arms. The Maasais will be up in arms in Kajiado because they must be employed. Mr. Speaker, Sir, the Petitioners are right in saying that legislation should come from this House. I know that this is the House of unity because it unites all of us in this country, but we must not forget our rights. The Maasai are people who are pushed away. 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! Order! Order! What is your intervention, Sen. Halake?

On a point of order, Mr. Speaker, Sir. We are supporting this Petition very much. However, because we have put our names to support this Bill, it does not mean that we are going to call for--- Mr. Speaker, Sir, is it in order for my brother to call for an uprising, using spears? I know that it is the same thing in my community. I agree with him that the most cosmopolitan counties are the ones that are, perhaps, the less educated and the most welcoming ones. However, I do not think it is in order for this House to say that people should take the law into their own hands, when we are law makers ourselves.

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

Mr. Speaker, Sir, the HANSARD will bear me witness that there is nowhere I said that the Maasai should pick up spears and go fight. I said that we will pick up spears and do what we know best; we will become Morans! We will not take on any other jobs.

Order, Order Member! You are out of order! Please, wind up what you are saying and remain relevant.

Mr. Speaker, Sir, if we do not defend our people, who will defend them? I want to be on record saying we must defend devolution fully. We must consider people in counties and their resources which can benefit them. The only thing we, as the Maasai nation know is that the Maasai Mara Game Reserve and our land have been taken by the foreigners. It is them who are benefitting from it and our land. This House has the ability to do what the petitioners are asking for and ensure proper legislation is in place to take care of those people. Mr. Speaker, Sir, the majority of our population is made up of youth. Looking at the statistics even in Maasailand, the youth are the majority. I will give the House accurate statistics. In Narok County, for example, almost 65 per cent of the people who voted for me were youths aged between 18 and 35 years. Many of them are jobless. Therefore, when I say we need to defend them and come up with proper legislation that will assist them, I am not calling for them to arm themselves. However, if we force them to go back to their traditional way of life, roam around and, of course, they will end up stealing because they have to fend for themselves. When there was an issue in Trans Mara and I went there, I told the Maasais not to be lazy. I told them if they are given jobs to do, they must report at the place of work at 8.00 a.m. If they are supposed to report there at 7.00 a.m. I told them to be there. This is not only about our rights as Maasais, but it also our responsibility as well. I know certain challenges are there and this is what the Committee ought to address. When there is an allegation that those jobs are not advertised locally, what is it that this company is hiding? Is it the way they are using the water? Are they contaminating the water? When you do research on the flower farms in Naivasha, you will find that many people have come up and claimed that Lake Naivasha is highly contaminated. It is only the local people who will be able to know whether that lake is highly contaminated or not. This is because their animals, including cows, sheep and goats will die from drinking that contaminated water. All I am asking is equal treatment of all our The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir for giving me this opportunity. I stand to support the Petition by Sen. Seneta. I have realised that in her prayers, among others in the Petition, she is asking for enforcement or recognition by way of legislation to cater for that discrimination. I need to pinpoint that area of discrimination of minorities and marginalised communities is well captured in Article 56 of the Constitution of Kenya 2010 on specific application of rights. Article 56 of the Constitution is very categorical on what the State ought to do. It says:- The State shall put in place affirmative action programmes designed to ensure that minorities and marginalised groups— (a) Participate and are represented in governance and other spheres of life; (b) Are provided special opportunities in educational and economic fields; (c) Are provided special opportunities for access to employment; (d) Develop their cultural values, languages and practices; and (e) Have reasonable access to water, health services and infrastructure. The Constitution is sacrosanct and supreme. Therefore, whatever law designed by Sen. Seneta or the relevant body ought to capture what is enshrined in the Constitution. Mr. Speaker, Sir, I need to state that the same problem with Sen. Seneta in Kajiado County is not only inimical there, but in areas like Machakos County and its surroundings. In Machakos, for example, we have over over 100 companies. Mavoko Town Council being a cosmopolitan town has so many of those companies; some local and others multinational, but yet Machakos youth are not employed. Always I have a heap of files of young people; both men and women, asking me to intervene for them to get some opportunities from those companies. I face similar challenges like Sen. Seneta. Therefore, such legislation in this Petition is quite handy. Masinga Dam Company is shared by Embu and Machakos counties. We have Kenya Electricity Generating Company Limited (KenGen), Kenya Power (KP). I have sat many times with the Chief Executive Officers (CEOs) and I ask them why is it that only lower cadres or positions like watchmen and sweepers are given to Kambas from this area. However, high cadre positions like the CEOs and others, are not given to Kambas yet there many learned Kambas, including myself. Why are we not given the opportunity to serve in those positions? We do not know when these jobs are advertised. We are given a raw deal. A legislation of this nature or magnitude will help. Last but not least, Sen. Seneta, in her Petition, touched on a very sensitive issue of CSR. This issue is very complex even to bigger institutions of high learning. I want to submit that social responsibility is not mandatory of any corporate, it is just discretional. There are two schools of thought about it. One believes as long as a company is paying taxes to the national Government, that is it. It has no business in social responsibility. 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, the Petition stands committed to the relevant Standing Committee. In this case, the Standing Committee on Labour and Social Welfare. In terms of Standing Order 226(2), the Committee will be required in not more than sixty days from the time of reading the prayer to respond to the petitioners by way of a report addressed to them and laid on the Table of the Senate. Next petition, Sen. Lelegwe. CONFERMENT OF MUNICIPAL STATUS ON MARALAL TOWN BY THE COUNTY GOVERNMENT OF SAMBURU

Thank you, Mr. Speaker, Sir, for giving me this opportunity to read this Petition by the residents of Samburu County, Maralal Municipality. “We, the under signed Kenyan citizens and residents of Samburu County hereby petition the Senate concerning unconstitutional and irregular conferment of municipal status upon Maralal Town by the County Government and, in particular, draw the attention of the Senate to the following- (1) THAT, many residents of Samburu County own property around Maralal Town through group ranches; (2) THAT, the County Assembly of Samburu has, without public participation, approved the conferment of municipality status upon the town of Maralal, leading to the gazettement of the same by the Governor of Samburu County on 22nd May 2018; (3) THAT, the above action is inimical to the interests of residents of Maralal Town, adjacent group ranches and Samburu County in general; (4) THAT, the consequence of the conferment of municipal status upon Maralal Town will likely be that by-laws and regulations will have to come into effect requiring- (a) all premises within the jurisdiction of Maralal Town to be ratable and levied, yet most the premises now fall within the group ranches which confer specific rights and duties; (b) that administrative functions within electoral boundaries shall be transferred without attendant legal foundations and/or mandatory public participation while being enforced; (c) criminal sanctions come into play on matters that were hitherto ordinary, mainly activities common among pastoralists; 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, pursuant to Standing Order 225, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes. Yes, Senate Minority Leader.

Mr. Speaker, Sir, I rise to support this Petition by the hon. Senator for Samburu. The Petition reminds me of the old days when the former President of the Republic of Kenya and the then Minister for Local Government would go around the country declaring certain markets to be cities, urban centres and municipalities. I remember when the late Hon. Oloitiptip, who was a good friend of mine, came to my County of Siaya - then Siaya District - and in one day declared five markets to be urban centres and municipalities. They were Yala, Ugunja, Ukwala, Bondo and Ndori. In doing so, he also declared that the President had given every centre about Kshs100 million to jumpstart them. People were very excited and, the next day, a road was named after hon. Oloitiptip in Siaya Town for declaring five markets in Siaya to become urban centres and municipalities. However, after a year, people were really frustrated because the rates went up and they did not receive any benefit from those centres. The signage on the main street in Siaya reading “Oloitiptip Road” was removed and the road was named something else. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Thank you, Mr. Speaker, Sir. Allow me to welcome the school from PCEA Imani School from Makueni County. I hope that they will benefit from the deliberations that we have today. 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, once again for giving me an opportunity to comment on these issues that deal with the Maasai nation. On the issue of municipalities, there was a demonstration in Narok County two weeks ago. Today, as we stand here, the residents of Narok County have gone to court to try and seek redress because of the intention of the County Government of Narok to declare a municipality. These are issues that we must tackle in this House. Mr. Speaker, Sir, Sen. Orengo spoke about the Urban Areas and Cities Act. However, I am concerned about this Act because when you look at Section 9(4), it says:- “Notwithstanding the provision of Subsection 1, the county governor shall confer the status of a municipality to the headquarters of the county even where it does not meet the threshold specified under Subsection 3(a). This House can save this nation. The reason why these governors are trying to confer the status of municipality to their centres is because they will not access this money from the Kenya Urban Support Program (KUSP). It is not because they want to bring services closer to the people. Mr. Speaker, Sir, I sit in the Senate County Public Accounts and Investment Committee (CPAIC). Some of the challenges we are trying to deal with in terms of the audit queries have got to do with the amounts of money that these counties are raising. They are always over budgeting and overestimating their local revenues, yet they do not have the capacity to raise that money. These are facts; that our counties are not able to raise money to sustain themselves as required by this Act. The other issue of concern, Mr. Speaker, Sir, is public participation. Section 8 of this Act is very clear on how this process should be carried out; it is why I think we can stop this thing. An ad hoc committee must be set up to consider whether it should recommend this municipality to be declared to the Assembly or not. The composition of this ad hoc committee must include representatives from the Architectural Association of Kenya (AAK), the Law Society of Kenya (LSK), the Institute of Certified Public Accountants of Kenya (ICPAK), the business community and the Kenya Institute of Planners (KIP). Similarly, Mr. Speaker, Sir, it is imperative that this House be informed by the committee – which I hope will expedite its findings – through a report as to whether any

committee was set up to carry out public participation on this issue. For example, we know that based on the last census, Maralal had about 30,000 people. The Act is very clear that for a place to be conferred as a municipality, it is supposed to have a population of about 250,000 people. I concur with my colleague, Sen. Mutula Kilonzo Jnr., when he said that this is something that we must expedite and find a way to stop it. People in Narok are in court today because of the same problem. In Maralal or Samburu, they circumvented the rule of law and the Governor went ahead to say that it is going to be a municipality. Why are we The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Proceed, Sen. (Dr.) Ali.

Thank you, Mr. Speaker, Sir, for giving me this opportunity. I also wish to welcome the students from Sitoito Secondary School from Nakuru County to the Senate.

Mr. Speaker, Sir, the issue of municipalities being announced without due process and public participation is not only restricted to Maralal or Narok; it is all over the country. We just saw, in the Kenya Gazette, Wajir County just appointing managers, deputy managers and chairpersons of boards without following procedures. Nothing has been passed through the county assembly and there was no public participation at all. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I also wish to support the Petition that has been ably presented by the distinguished Senator for Samburu County. The first point of call should be this House’s Committee on Delegated Legislation which will look The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I would like to support this Petition. We know that the Constitution is very clear on how we come up with urban areas and cities. That is why we have the Urban Areas and Cities Act. However, we also know the Constitution stresses very much on public participation and that is why we do have devolution. We need to amend that part of the Act which says that ‘notwithstanding these other requirement, the governor can go ahead---.’ This could be unconstitutional because it is like the governor is given power to override the requirement of public participation. Coming back to the issues raised by the petitioners, we do have group ranches which are basically private lands that have freehold titles. The initial Maralal Town had its boundaries. By trying to come up with the municipality, the governor is trying to encroach on private land without the consent of the public. We need to make sure that the public does not lose their land because, as it has been said, the main victims here will be the pastoralists who subdivided the community land into group ranches. Each group has its own part mainly for livestock keeping and other purposes. Unfortunately, somebody in the name of a governor has included part of their land in the municipality. By extension, they have to pay rates for that land. If they fail to do so, the land will be taken over by the county government which will be a clever way of dispossessing them of their land. Therefore, I believe that they have a right to petition the Senate for them not to lose their land through an Act which gives the governor that kind of power. We have to move with speed and make sure that the governor does not have his way. This is because that way, the public will lose their land. As it has been said, the immediate benefit to have it upgraded is for them to access to the Kenya Urban Support Programme Fund. It could have had a positive effect of, maybe, the municipality being able to raise its own funds. However, they are doing it by getting hold of private land, taking it to be part of the municipality, then expecting pastoralists who have just been using the land for grazing to start paying rates which is a very new thing to them. That is why they are resisting. As the Senate, we have to come to their rescue. Mr. Speaker, Sir, there are also other issues whereby it has already been gazetted. I think we need to sit down quickly in the relevant Committee and come up with ways of saving these people of Samburu County. I thank you.

Let us have Sen. (Prof.) Ongeri.

Thank you, Mr. Speaker, Sir, for allowing me to contribute on this Petition by the people of Samburu County. I know from my experience as a former Minister of Local Government that one of the things under the defunct Cap 265 of the Local Government Act was the establishment of urban centres which may include 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): Professor, you have three minutes to conclude your remarks. This is a Petition.

Yes, Mr. Deputy Speaker, Sir. They do not satisfy the criteria of there being 250, 000 people required to set up a municipality. For now, I think it is too premature to set up a municipality because there are certain functionaries that a municipality will confer to the residents of that place. For example, provision of water, health services, waste disposal management systems and the infrastructure. We, therefore, need good physical planners and spatial planners to establish that credibility for land use. We are now pitching on the land use rights of various communities. We need to educate them on the value that acrues to them when they change from this status to the next. In future, this may be the way to go because it has the potential of creating wealth and adding value to the land. However, for now, I think it is too premature. We need to stop it at their footsteps before they cause further damage since the next step could be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Ongeri. Hon. Senators, we have taken quite a bit of time on this item. The Petition raises very critical issues. However, we are limited by time. I will only allow one last Senator; Sen. Halake, a maximum of three minutes, and then we shall commit the Petition.

Thank you, Mr. Deputy Speaker, Sir. I was afraid that I would not be able to contribute to this Petition, yet it is something that is very close to my activist hat.

(Sen. (Prof.) Kindiki): Order, Senator! How many hearts do you have?

I have many hats, Mr. Deputy Speaker, Sir. It is the ‘hat’ that we wear on the head and not ‘heart,’ the body organ.

(Sen. (Prof.) Kindiki): Fair enough, proceed.

Thank you, Mr. Deputy Speaker, Sir. I stand to support this Petition for many reasons. It poses many illegalities both constitutionally and also under the Community Land Act. There are many issues around the conversion of Maralal into a municipality, as the other Senators have alluded to. First, is the question of Maralal Town qualifying as an urban area under the Urban Areas and Cities Act. I can attest to the fact that I was there a couple of weeks ago for a

and we could not even land in Maralal Town. We had to go and land in a community land where there is a conservancy and drive for two hours to Maralal High School where the harambee was. So, in terms of infrastructure, there is a lot that needs to be done before this town can be upgraded to a municipality. That said, whatever motivated the Governor to convert this town to a municipality, whether it was because of the Kenya Urban support programme (KUSP) or something else, illegalities have been committed under Articles 110, 35, 69, 118, 174, 184, 196, 201, and 232 of the Constitution of Kenya, 2010 with regards to public participation. There is a reason there are so many articles of the Constitution that talk about public participation. I will not go into that. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. Abshiro. Hon. Senators, as I have indicated, this debate raises important legal issues that touch on the heart of devolution and the relationship between citizens and Government. In this particular matter, the County Government of Samburu has declared Maralal a municipality with the support of the County Assembly, but without the participation of the public as anticipated in Article 10 of the Constitution. This in itself presents a serious obstacle to democracy and the realization of the ideals of our Constitution. Many of the Senators have spoken quite elaborately on the legal imperatives that have not been adhered to. I have also looked at this Petition and observed that some of the issues the petitioners are raising are weighty, including but not limited to, the fact that when this declaration by the County Government takes effect, the by-laws and regulations that are likely to ensue will affect residents significantly. Secondly, there is likely to be takeover and/or occupation of the adjacent group ranches without consent. Thirdly, the property of residents will be subject to taxes and/or controls despite the absence of consent and/or approval through public participation, which is mandatory. Therefore, pursuant to Standing Order No. 226(1), I commit this Petition to the Standing Committee on Justice, Legal Affairs and Human Rights. In so doing, I am also guided by the facts that have been presented before this House, namely, that there is urgency of this matter and certain acts are happening, even as we speak, retroactively to try and validate this action. Therefore, in terms of Standing Order No. 226(2), the Committee is required in not more than 60 days from the time of reading the prayer, to respond to the petitioner. However, it can take a shorter time – and I will direct shortly - 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 Papers on the Table of the Senate, today, Wednesday, 18th July, 2018:- Reports, Bills and Resolutions adopted by the East African Legislative Assembly (EALA) at the 5th Meeting of the 1st Session of the Fourth Assembly as follows:- Report of the Committee on General Purpose on the Supplementary Budgetary proposals of the East African Community for the Financial Year 2017/2018. Report of the Committee on General Purpose on the budgetary proposals of the East African Community for the Financial Year 2017/2018. Report of the Committee on Accounts on the East African Community Audited Financial Statements for the Financial Year ended 30th June, 2016. The East African Community Annual Report of activities for the period 2015/2016. The Bills passed were:- The East African Community Supplementary Appropriation Bill, 2018. The East African Community Appropriation Bill, 2018. The Bills read for the First Time were:- The East African Community Customs Management (Amendment) No. 2 Bill, 2018. The Administration of the East African Legislative Assembly (Amendment) Bill, 2018. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Next Order! Sen. (Eng.) Mahamud, do you have a Notice of Motion?

Yes, Mr. Deputy Speaker, Sir.

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion:- THAT, this House notes the Report of the Commission of Revenue Allocation (CRA) on the second policy and criteria for sharing revenue among marginalised areas, laid on the House on Wednesday, 4th July, 2018.

(Sen. (Prof.) Kindiki): Thank you. Next Order!

Order, Senators! I invite you to look at your Order Paper. We need to relook the items appearing on the Order Paper from Order No. 8. I have seen that most of the Movers of different Motions and Bills are either not ready or not in the House. Therefore, for the convenience of the Senate, I direct that we defer the items on the Order Paper in Order Nos. 8, 9, 10, 11, 12, 13, 14 and 15. So ordered! 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): The Mover can proceed to move the Bill.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that The Salaries and Remuneration Commission (Amendment) Bill 2018, be now read a Second Time. Mr. Deputy Speaker, Sir, this is an amendment to the Salaries and Remuneration Commission (SRC) Act No. 10 of 2011. In fact, in the---

(Sen. (Prof.) Kindiki): Order, Sen. (Eng.) Mahamud! Read the title of the Bill as it appears on the Order Paper.

Thank you, Mr. Deputy Speaker, Sir. I beg to move that The Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No. 12 of 2018) be read a Second Time. Mr. Deputy Speaker, Sir, this is an amendment to the Salaries Remuneration Commission Act No. 10 of 2011. As we were interviewing the candidates for the SRC as the Standing Committee on Finance and Budget, we realised that the current Act has got some gaps and hence the need for the amendments. There are two amendments. In the current Bill, there is no timeframe given for the nomination and recruitment of the commissioners. The idea of the amendment is to provide for notification of the expiry of the term of the Commission because there is no such requirement in the current Bill. So, this Bill attempts to amend Section 7 of the Salaries and Remuneration Commission Act by providing for a timeframe within which the organisations that are required to nominate persons to that Commission should undertake that exercise. We think that once the Commission’s term expires, then within 21 days of that period, all parties that are required to nominate the commissioners should initiate action. Mr. Deputy Speaker, Sir, that is the provision we are making because the current Act does not provide for timelines for the process of selection of the commissioners by the various nominating bodies. Hence, it is left to the discretion of various nominating 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. (Eng.) Mahamud! Are you sure?

Of what, Mr. Deputy Speaker, Sir?

(Sen. (Prof.) Kindiki): You appear to be dazed.

No, Mr. Deputy Speaker, Sir. I am sure.

(Sen. (Prof.) Kindiki): Okay. Proceed, Sen. Orengo.

Mr. Speaker, Sir, I beg to second this Bill. There are a lot of gaps and lacunas in the law and I think it begins from the Constitution itself. The fact is that there are provisions of the Constitution that we need to look into because they do not provide answers to situations that may arise in the conduct of public affairs in the country. Mr. Speaker, Sir, this Bill talks about a very important Constitutional Commission, the Salaries and Remuneration Commission (SRC). It is important that the law is clear, because Commissioners, for a very good reason, hold specific terms and tenures such that once they expire, there is need for a step to be taken. Therefore, if the law is not clear, then the gaps created in the law may create problems which may not be The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to support this Bill because it provides an opportunity to ensure that whenever the expiry of the term of commissioners arises, there is no doubt as to when the new commission should be effected. Mr. Speaker, Sir, the last Parliament was very interesting because I remember there was a proposal by the National Police Service Commission (NPSC) to have Mr. James Muhoro to sit in the Salaries and Remuneration Commission (SRC) to represent them. People were confusing him with the former Director of Criminal Investigation, Mr. Francis Muhoro. As a result, I stood on the Floor of the House to explain to Members that it was not the case. It was a very heated debate and I was even de-whipped from a Committee. It is because salaries issues are emotive. The people who end up serving in this SRC have got a very serious mandate to ensure that we keep ourselves to the limits of our provisions or the budget. Ms. Sarah Serem did her job, I am sure she is not very popular with us. I have seen she has been nominated to become an ambassador. I wish her well.

(Sen. (Prof.) Kindiki): Order, Senator! Why are you speaking on behalf of everybody?

Mr. Deputy Speaker, Sir I have said I am sure. It is only a probability, I beg your indulgence.

(Sen. (Prof.) Kindiki): You should have said ‘you are not sure.’ The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, I may not even be sure her name will go through Parliament.

(Sen. (Prof.) Kindiki): Order, Senator! Are you anticipating debate? Do not go there!

Mr. Deputy Speaker, Sir, we also have the nomination of Mr. Ben Chumo who has been nominated to be the new Chair of the SRC. For all intents and purposes, even if the law says that you are innocent until proven guilty, I have an issue with his nomination.

(Sen. (Prof.) Kindiki): Order, Senator! Those nominees’ approvals are pending before Parliament. The Standing Orders do not permit you to anticipate debate, so find ways of saying the same things differently.

Mr. Deputy Speaker, Sir, I am not anticipating debate because this issue is before the National Assembly. I am giving my personal opinion as a Senator. The appointing authority should withdraw the nomination of one Mr. Ben Chumo by virtue of being arrested and the pending matter before the court about his past role as the Chief Executive Officer (CEO) of Kenya Power. There are also issues to do with procurement of faulty transformers. When we established the independent offices and constitutional commissions under Chapter 15 of the Constitution, we anticipated some kind of a fourth arm of Government which will provide oversight to the other three arms and that members who would serve in those positions would be of character beyond Caesar’s wife. When a person is appointed as a commissioner or a chair of a constitutional commission, they must be confident so that people do not cast any doubts or aspersions on their integrity. So, this is not a matter to debate about. However, we need to ensure that we bring back the gusto of constitutional commissions because most of them look like appendages of the Executive. I was surprised to see in Executive Order No. 1 of 2018, some of them are listed as subservient to the various Ministries. There is a difference between a statutory body and constitutional commissions. This is an issue that as Senate, we may want to pronounce ourselves on, going forward. These commissions are well funded. In fact, the salaries of the members of the secretariat who serve there are some of the best within the public service but the output of these commissions remains to be seen. Of particular concern for me is the fact that we have the provision of Article 59 of the Constitution that creates the Kenya National Human Rights and Equality Commission (KNHREC) which is divided into three; the Kenya National Commission on Human Rights (KNCHR), the Commission on Administrative Justice (CAJ) and the National Gender and Equality Commission (NGEC). As country, we should not be bogged down by the fact that we must give jobs to Kenyans. We should merge these commissions so that we can have value. The former KNCHR under leaders such as Maina Kiai, Prof. Florence Jaoko Simbili and the former Sen. Hassan Omar, did a commendable job. 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): How can the wage bill be higher than it is now if you remove all salaries of Members of Parliament (MPs)?

Mr. Deputy Speaker, Sir, it is because Ministries, Departments and Agencies are still hiring.

(Sen. (Prof.) Kindiki): Is it mathematically possible to zero rate benefits of parliamentarians and still get a higher figure?

Yes, Mr. Deputy Speaker, Sir. As we speak, people are still recruiting. I am sure that there are some agencies that have advertised, and therefore, they should not use Members of Parliament (MPs) as scapegoats or Public Relations (PR) exercise or imagine that it is only when their benefits are reduced to the point that they become paupers, beggars and appendages to other whims, that the problem will be solved. Mr. Deputy Speaker, Sir, this Bill is timely. It provides us with an opportunity to ensure that there is no lacuna in law. I remember getting a call from one of the commissioners because he was the only one who remained in the SRC because the terms of all the others came to an end sometimes in November last year. He was wondering whether to constitute a commission because unlike other commissions, the term of members is staggered because they become members upon nomination. There was wisdom in the constitutional provision for commissioners to serve for six years and the term is not renewed unless they go to another commission. This provision will help so that there is smooth running of the commission. We know that we have a pending case in court between Parliament and SRC and some of those lacunas of law in terms of making judgment have arisen. The courts have pronounced themselves that the commission is the commissioners and not the secretariat. So, despite the fact that there is a competent secretariat, decisions should be made when there is a fully constituted commission or there is a provision to ensure that they raise the quorum that is provided in law. If that is not addressed in this Bill, it is something that we may want to uptake. Kenyans remember very well the contestation we had with the Independent Electoral 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.

(Sen. (Prof.) Kindiki): Please, wind up; you have less than a minute.

Mr. Deputy Speaker, Sir, in some counties employees are being paid salaries after three months. This is a question of cash flow and there is no proper management. These are issues that we will canvass about. The Bill is timely and will help us to ensure that we have a functional Commission, which is impartial. It will be a Commission that does not misinterpret its mandate to focus on reduction of the salaries of Members of Parliament only. The Commission should speak to the true aspirations of a country that can sustain itself. I support.

Thank you, Mr. Deputy Speaker Sir, for the opportunity to contribute to this Bill. The Salaries and Remuneration Commission is an important organ in this country. It is concerned with setting and regularly reviewing the remuneration and benefits of state officers. It also advises the national Government and county governments, among other roles, on the remuneration and benefits of all public officers. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity to add my voice to the Salaries and Remuneration Commission (Amendment) Bill, 2018. What is targeted here is Sections 7 and 9. As it stands today, there is no direct and express indication on how to declare these vacancies open for competition. After a commissioner has been appointed and stays in office, he or she will quietly walk out and that position becomes vacant. Therefore, there is no urgency in the law that requires the Commission to trigger the appointment of that individual. Therefore, this is the essence of this Bill that is before this House. First of all, it is the declaration of a vacancy in the SRC. What appears in the general law is only the vacancy of commissioners, but it does not expressly say so in the SRC Act. Therefore, it is important that we spell out quite clearly what is required to establish that when these vacancies arise, they should be gazetted that there is a vacancy arising out of a particular position. Besides that, they should also provide the timelines for filling that vacancy. That is why I said that it is a straightforward amendment. When we say that we want to fill these positions, we want to look at the Constitution afresh. There are areas that we now see a lacuna in this Constitution. When we promulgated the Constitution in 2010, there were prevailing circumstances that were The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Prof.) Ongeri. Proceed, Sen. (Dr.) Zani.

Thank you, Mr. Deputy Speaker, Sir. I also stand to support the amendment to the Salaries and Remuneration Commission Act. We have in the Constitution ten commissions that have been put into place and each is very important, starting with the Kenya National Commission on Human Rights (KNCHR) and the Equality Commission that strives to ensure that there is equality of representation up to the Parliamentary Service Commission (PSC) that serves within Parliaments, the JSC and the Public Service Commission (PSC) among others. Right now, we are talking about the SRC. As I sat here listening to my colleagues speak, I could hardly contain myself, but remember what happened in the independent commission. We saw commissioners that came up and resigned. Up to now, we do not know whether that resignation was taken and what the membership of that Commission is yet these members for the various commissions are expected to work round the clock. If you look at the composition of the Commission itself under Article 250, each commission should consist of at least three but not more than nine members. Mr. Deputy Speaker, Sir, at any one time, these members have been chosen from different regions and professions. Therefore, they bring something into the commission even in terms of the decisions that have to be made. If one member is missing from those commissions, it cannot be taken for granted that a lot of work that these members will be bringing is lost out on the work of that Commission. Under Article 252 of the Constitution, the chairperson and member shall be identified and recommended for appropriate appointment in the manner prescribed by national legislation. Legislation to ensure the beginning and the end of the commission’s work is the work of Parliament. Therefore, this is a responsibility that we have. Under Article 251 of the Constitution, the issue of principles of removal of the commissioners is also put into place. However, it does not delve clearly into the issues of retirement, some The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Thank you, Sen. (Dr.) Zani. Order, Senators! There being no other interest, I call upon the Mover to reply.

Mr. Deputy Speaker, Sir, allow me to thank hon. Senators for contributing to this very important Motion. I specifically want to thank Sen. Orengo, Sen. Mwaura - who is my deputy - Sen. Were, Sen. (Prof.) Ongeri and Sen. (Dr.) Zani---

On a point of order Mr. Deputy Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): What is it, Sen. (Dr.) Zani?

Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Order, Sen. (Eng.) Mahamud! You know the Standing Orders; you resume your seat when another Member is on a point of order. Proceed, Sen. (Dr.) Zani.

Thank you, Mr. Deputy Speaker, Sir. Is it in order for the Senator, who is replying to this Bill, to refer to it as a Motion yet it is a Bill?

(Sen. (Prof.) Kindiki): Yes; it is a Motion on a Bill. Therefore, he is in order. Sen. (Dr.) Zani, when you look at your Order Paper, you will see that it is Order number 16, which reads; the Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No. 12 of 2018). It is in the form of a Motion and that is why he moves. It is a Motion on a Bill.

Proceed Sen. (Eng.) Mahamud. Ordinarily, you should wait in your chair to be told to proceed. I am saying this because by the time I called your name, you were halfway through the journey. Nevertheless, proceed.

Mr. Deputy Speaker, Sir, allow me to thank the Members for their contribution to this very important Bill and for supporting it. As they have said, a number of our laws need to be amended. From the comments by Sen. (Prof.) Ongeri, I have noticed that the current Salaries and Remuneration Commission Act has reference to “the Prime Minister in consultation with the President.” However, the provision in Clause 7(4) and 7(10) state “until after the first general election.” This means that the provision does not hold after the general elections. Nonetheless, Mr. Deputy Speaker, Sir, I thank you very much. I beg to move and, at this juncture, request under Standing Order 53(3), that the putting of the question for this Bill be deferred to a later date.

(Sen. (Prof.) Kindiki): Are you sure that it is Standing Order No. 53?

It is Standing Order 55(3).

(Sen. (Prof.) Kindiki): Okay! I direct that the putting of the Question be deferred to tomorrow.

Thank you, Mr. Deputy Speaker, Sir.

Let us move on to the next Order. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, for allowing me to contribute to this Motion on the registration of Persons with Disabilities (PWDs). This has been a big problem for a long time. The big question begins with the spread of the various sorts of disabilities. Some disabilities are clear and easy to see, while others are not because they border on certain conditions that may not be visible. For example, if we talk about people who are altruistic or who tend towards schizophrenia, it becomes very difficult to pinpoint. We also know that there are many families which hide children living with disabilities instead of looking for formalities and processes to ensure that the children are helped. First, we should not just be talking about the registration of PWDs, but we should come up with a clear classification of the various sorts of disabilities. We should ask ourselves whether it is possible, at any one level, to identify the specific schools or mainstream industries that will be helpful for a particular child. There are schools that deal with children with disabilities, but which struggle to ensure that they have been mainstreamed, maybe in terms of education or even by engaging them in various social activities. The whole nexus of getting into that point actually begins with a form of registration for the PWDs. Mr. Deputy Speaker, Sir, even though the National Council for Persons with Disabilities (NCPWD) was established through an Act of 2002, it has not been able to satisfactorily move towards the registration of PWDs. I suspect that this is because our social, environmental and cultural awareness of the productivity of PWDs is not intact. There has not really been enough education and recognition in this area. Nowadays, when we have the Olympics, we have the Paralympics games which are for the PWDs. Consequently, we have seen PWD winning medals by riding bicycles or engaging in other games. However, most of this happens more in the west than it in developing countries. A feeling of acceptance begins there because these people should be looked at as functional and productive members of the society. For this to happen, that person needs to be given chance to do that. Mr. Deputy Speaker, Sir, sometimes resources targeting members of the PWDs are given. However, without an appropriate registration process, it becomes very difficult to identify who they are, where they are, what they are doing and how they can be helped. Yesterday, in this House, we debated the County Statistics Bill, 2018. Part of that Bill clearly stated that we need to have the respective county statistics offices to have statistics about the various counties. One important statistic that we should have in these offices is the statistics of PWDs. We should know the nature of disabilities and how 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): Sen. Mwaura, since you are standing in for the Mover, you may now reply.

Thank you, Mr. Deputy Speaker, Sir. I beg to reply and commend all the Senators who have contributed beginning with the Mover of the Motion, Sen. Khaniri who is not here with us, all the way to my International Fellowship Programme (IFP) and Ford Fellow, Sen. (Dr.) Zani.

(Sen. (Prof.) Kindiki): Order Senator. What is IFP?

Mr. Deputy Speaker, Sir, IFP means International Fellowship Programme that was instituted by the Ford Foundation to identify social justice agents over a ten year period. I am very glad that Sen. (Dr.) Zani other distinguished Kenyans including the Governor for Kwale County and I were identified and we have since occupied public political space. So they were right. Mr. Deputy Speaker, Sir, now that you have asked me---.

(Sen. (Prof.) Kindiki): Do not assume everybody has lived in your world.

Mr. Deputy Speaker, Sir, Sen. (Dr.) Zani is now a graduate of Oxford University, while I am a graduate of the University of Leeds. Let me come to the Motion. Why register? It is because people do not seem to understand the concept of disability. It is never seen as a demographic that is legitimate. Sometimes people think it is one of those things that we leave for charity. That is where the problem is. Disability is any form of loss of body function that can be as result of injury, illness or a congenital condition. It is really tied to what we call impairment. However, disability is a social construct because it emanates from the interactions between persons with various forms of impairment on one hand and barriers majorly environmental and attitudinal. Environmental include the natural and the built. In cities and homes, particularly, it is the built environment, where we do not have a universal design as to accommodate the needs and concerns of PWDs. There is also the negative attitude of looking down upon persons who have various forms of impairment. This can be traced to our cultures that seek to deemphasize the role of those who are born different. We can go on and give very clear examples of how our languages may not even have names of certain types of disabilities or how The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

(Sen. (Prof.) Kindiki): What is it Sen. (Dr.) Zani?

Thank you, Mr. Deputy Speaker, Sir. I am waiting for Dr. Issack Mwaura to sit first.

I have not accepted the ---

(Sen. (Prof.) Kindiki): Order Senator! What are you not accepting? Sen. (Dr.) Zani, do you want to raise a point of order?

First of all, both of you cannot be on your feet whether you are accepting the information or not. Sen. Mwaura, you must sit down. Resume your seat. Let us here from, Sen (Dr.) Zani. Is it a point of information?

It is a point of information. Mr. Deputy Speaker, Sir, in support of what the Senator ---

(Sen. (Prof.) Kindiki): Order Senator! It is a point of information. Sen. Mwaura, would you like to be informed? Sen. (Dr.) Zani stop canvasing.

Yes, in the spirit of the International Fellowship Programme (IFP)

(Sen. (Prof.) Kindiki): Sen. (Dr.) Zani, your canvasing has paid off. You can have the floor.

Thank you, Mr. Deputy Speaker, Sir, in the spirit of IFP and ODM, I want to inform Sen. Mwaura - he is aware of this - that since that time, ODM, as a party, has taken the issue of PWDs seriously. Right now, we have a process where they are almost becoming members of a fully-fledged league. In the election period, we went out of our way to encourage our PWDs to express their rights within the party; a move that very few other parties have engaged in. That is part of the process, Sen. Mwaura, if we are able to extend this even to the various other sectors like education and health, as you have mentioned, we will begin to create the space for the excellence that we can get from PWDs. 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): Sen. (Dr.) Zani, there is a very thin line between informing Sen. Mwaura and marketing your political party in the House. Sen. Mwaura, proceed.

Thank you, Mr. Deputy Speaker, Sir. I accept the information and also inform Sen. (Dr.) Zani, that this is a result of the kind of work that some of us did when we were in your political party. If you can remember, I was there for 10 years. In fact, this is the only political party that had a lobby group for PWDs called “ Watuwalemavu na Raila” of which I was the Chairperson. For your information, I was working behind the scenes to help some of your people even though I was on this side of the political divide, including Sen. Musuruve.

That I did when some people wanted to canibalise them including, as you know well, Hon. Danita Gati. Those are stories that we may want to share later. The point is that, political parties need to be inclusive of PWDs. When you have a political party that has been around for long, PWDs are able to rise through the structures of the party. That is how, for example, I rose from an activist all the way to an advisor in the office of the Prime Minister and finally to being a Member of Parliament. However, when you have political parties that are formed two months to elections, how can they identify talent and grow people? That is how people fall through the cracks. That affects not only PWDs, but also women and youth because it takes time to build individuals to become self-advocates and advocates for others. What is the benefit of registration? Currently, the law provides that when you register as a PWD, first, you will be exempted from tax. So, PWDs are not able to pay tax up to Kshs150,000. If you earn less than this amount, you are exempted from pay-as-you- earn tax (PAYE). That is a considerable amount of money. It is about Kshs45,000. It means if you earn more than Kshs150,000 you will still get a waiver of the Kshs45,000. Mr. Deputy Speaker, Sir, that means that – I beg that you add me some time because a lot of time was taken if you do not mind because ---

(Sen. (Prof.) Kindiki): Your time was taken by who?

By the point of information, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): You accepted to be informed.

We still have more time before the House adjourns, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): That is not your business Senator. Use your time well. If you must ask for more time, just do that. Do not say that you need time because there is no business. Who told you there is no business? Proceed, Sen. Mwaura.

Thank you, Mr. Deputy Speaker, Sir. On the issue of exemption, the money is meant to help cushion Persons with Disabilities (PWDs) from the costs that arise from their various types of impairments. So, it is very important. There is also the benefit of duty-free car importation. It is because cars are seen as mobility devices, to help persons with mobility difficulties due to physical disabilities to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well, indeed. You have ended it well; that we should not just know the number of elephants in the country, but we also need to know the number of the PWDs. Hon. Senators, Article 123(2) of the Constitution says that- “When the Senate is to vote on any matter other than a Bill, the Speaker shall rule on whether the matter affects or does not affect counties.” Pursuant to the provisions of the said Article, I rule that this matter does not concern counties. Therefore, the vote of the House on this matter shall be in terms “AYES” and “NOES”. It is popularly known as “a noise vote”.

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(Sen. (Prof.) Kindiki): Order Sen. Mwaura! You know it is very easy to destroy your otherwise eloquent reply with what constitutes disorderly conduct; and the consequences are grave. Let us move on to the next Order. The Motions appearing under Orders No.19, 20 and 21 are supposed to be moved by the Chairperson of the Sessional Committee on County Public Accounts and Investment Committee (CPAIC), Sen. M. Kajwang,’ who is not here. I cannot also see the Vice Chairperson. I, therefore, direct that Orders No. 19, 20 and 21 be deferred to tomorrow.

(Sen. (Prof.) Kindiki): Let us move on to the next Order.

(Sen. (Prof.) Kindiki): Sen. Dullo is similarly not in the House. I, therefore, accordingly direct that Order No.22 be deferred to tomorrow.

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(Sen. (Prof.) Kindiki): Similarly I cannot see Sen. (Dr.) Ali in the House. I, therefore, direct that Order No. 23 be deferred to tomorrow.

STANDARD POLICY REGULATION FOR CONSTRUCTION AND MAINTENANCE OF RURAL ACCESS ROADS THAT, AWARE that infrastructure development and specifically, construction of roads is a key pillar of Kenya’s vision 2030 whose objective is to spur movement of people and goods, promote trade and economic activities, encourage development and attract investments; NOTING that there is a very strong correlation between a country's economic development and the quality of its road network; CONCERNED that Government’s efforts to expand the roads infrastructure are mainly focused on the urban and peri-urban areas of the country thus leaving rural areas with dilapidated or no access roads; FURTHER CONCERNED that fifty-five years since independence and over five years after institutionalization of devolution, the Country’s roads infrastructure is to a large extent still underdeveloped with only slightly above 9,000 kilometres of the about 178,000 kilometres of roads paved; COGNISANT that, Part Two of the Fourth Schedule to the Constitution of Kenya (2010) mandates County Governments to manage county transport, including; roads, street lighting, traffic and parking, amongst other county public transport matters; DEEPLY CONCERNED that, County Governments are continuously prioritizing routine maintenance works over sustainable and durable road quality works due to budgetary constraints; NOW THEREFORE the Senate calls upon the Ministry of Transport, Infrastructure, Housing and Urban Development to develop and adopt standard policy regulations prescribing modern, eco-friendly and inexpensive technologies to be applied across the 47 counties for construction, upgrading and maintenance of rural access roads in order to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Similarly, I cannot see Sen. Kasanga in the House. I therefore direct that Order No. 24 be deferred to tomorrow.

Next Order. ADOPTION OF REPORT ON THE FIRST EXTRAORDINARY SESSION OF THE FP-ICGLR IN KINSHASA, DRC THAT, this House adopts the Report of the proceedings of the First Extraordinary Session of the Plenary Assembly of the Forum of Parliaments of Member States of the International Conference on the Great Lakes Region (FPICGLR) held in Kinshasa, Democratic Republic of Congo from 19th – 20th March, 2018, laid on the Table of the Senate on Tuesday, 15th May, 2018.

(Sen. (Prof.) Kindiki): I cannot see Sen. Poghisio in the House. I therefore direct that Order No. 25 be deferred to tomorrow.

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

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

Mr. Deputy Speaker, Sir, noting the continued absenteeism of Members and yet we have very heavy business in the Order Paper; and noting the fact that legislative time especially plenary sessions are very limited; and that Kenyans are very keen to see the content and substance of our deliberations, I beg that you rule concerning this matter. If we continue to have hon. Members absenting themselves and we keep on deferring the matters yet there is available plenary time for such matters to be canvassed and the nation to be seized thereof, I think it is not fair. I would indulge the Chair to rule on this matter so that it is brought to the attention of all distinguished and hon. Senators.

Mr. Deputy Speaker, Sir, I just wanted to give information that two Members are officially---

(Sen. (Prof.) Kindiki): Who are you informing, professor?

Mr. Deputy Speaker, Sir, I cannot inform you; I know you are informed. I wanted to inform Sen. Mwaura and the House, arising from the question he has raised that Sen. Poghisio is on an official trip in Sudan and Sen. Dullo is out in the United States of America (USA). What may not have come to the notification of our clerks were the leave forms. I think what the House needs to get from you is that whenever a Senator is absent, they must request for permission so that it comes to the attention of the House that they are not there. I know these two Senators are away officially. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Very well. I think the matter raised by Sen. Mwaura is extremely important for several reasons. The first one being that we have a lot of business to transact and the time is limited. Secondly, the reason Kenyans have put us here in this position is so that we make use of the time and all the resources the public has entrusted on us including the resources of time. Finally, this House and its business supersede any other commitment that a Senator may have. However, I take the sentiments that have been made by Sen. (Prof.) Kamar. Sometimes we have other commitments of an official nature, either in our counties or outside the country. I think there is need to synchronize that with the clerks ahead of time so that we do not look like we have items on the Order Paper that cannot proceed because of absence without that fact that a Senator is on official duty coming to light. Having said that, I concur with Sen. Mwaura that the Chair will be extremely firm when it comes to Senators who have business to transact and sometimes they do not communicate their absence or they take it casually and come in when they want. So, it is expected that if you have business and it is appearing in the Order Paper, you must communicate to the Chair in advance in case of any inconvenience. That should go on record.

Hon. Senators, having concluded or deferred the business of the day, it is now time to adjourn the House. The Senate, therefore, stands adjourned until tomorrow, Thursday, 19th July, 2018, at 2.30 p.m. The Senate rose at 6.10 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.