Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 26th July, 2017- The Report of the Select Committee on the Solai Dam Tragedy laid on the Table of the Senate on Thursday, 26th July, 2018.

Mr Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT this House notes the Report of the Select Committee on the Solai Dam Tragedy laid on the Table of the Senate on Thursday, 26th July, 2018.

Mr. Deputy Speaker, Sir, I wish to read the Statement on the business of the Senate for the coming week. Pursuant to Standing Order 46(2) (c), I hereby present to the Senate, the business of the House for the week commencing Tuesday, 31stJuly, 2018. The Senate Business Committee (SBC) will meet on Tuesday, 31st July, 2018 to schedule the business of the Senate for the week. Subject to further direction by the SBC, the Senate will on Tuesday continue with consideration of business that will not be concluded in today’s Order Paper, and any other business scheduled. On Wednesday, 1st August, 2018 and Thursday, 2nd August, 2018, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC. Hon. Senators, the following Bills are at Second Reading stage- (1) The Local Content Bill (Senate Bills No. 10 of 2018); (2) The Physical Planning Bill (National Assembly Bills No. 34 of 2017); (3) The Retirement Benefits (Deputy President and Designated State Officers) (Amendment) Bill (Senate Bills No. 2 of 2018); (4) The County Statistics Bill (Senate Bills No. 9 of 2018); (5) The Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No. 12 of 2018); (6) The Irrigation Bill (National Assembly Bills No. 46 of 2017); and, (7) The Kenya Roads Bill (National Assembly Bills No. 47 of 2017). Hon. Senators, you will notice that four of the Bills mentioned above are in today’s Order Paper and are due for Division. I request that you avail yourselves, so that the House can proceed to Division on the Bills. There are also Bills due for Committee of the Whole that the SBC will schedule accordingly. They are- (1) The Food Security Bill (Senate Bills No. 12 of 2017); (2) The County Boundaries Bill (Senate Bills No. 6 of 2017); (3) The County Governments Retirement Scheme Bill (Senate Bills No.6 of 2018); (4) The Office of the County Printer Bill (Senate Bills No. 7 of 2018); (5) The Office of the County Attorney Bill (Senate Bills No. 3 of 2018); (6) The Public Participation Bill (Senate Bills No. 4 of 2018); and, (7) The Disaster Risk Management Bill (Senate Bills No. 8 of 2018). Additionally, there are a number of Motions touching on various issues, key among them being the reports of the County Public Accounts and Investments Committee (CPAIC) on the accounts of various counties, which the SBC will consider and schedule accordingly. Mr. Deputy Speaker, Sir, I thank you and hereby lay the statement on the Table of the House.

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, pursuant to Standing Order No. 46(2) (a), I rise to make a Statement on an issue of general topical concern regarding the recent cases of evictions of persons who had encroached the Mau Forest Complex. Mr. Deputy Speaker, Sir, Kenya’s closed canopy forest cover currently stands at approximately 1.7 per cent of the country’s total land area. This is low compared to other African countries, with an average 9.3 per cent and the world with an average of 21.4 per cent. Most of the closed canopy forests in Kenya are mountain forests and are the nation’s water towers. Among the most important is the Mau Forest Complex. Mr. Deputy Speaker, Sir, in the past, as a nation, we had a great tradition of environmental conservation, which taught us to respect nature and take cognisance of the fact that all forms of life; human, animal and plant, are closely interlinked and that disturbance in one gives rise to an imbalance on the others. However, over the last decades, there has been extensive degradation of the Mau Forest Complex as a result of encroachment, excisions and illegal forest resources extraction. This degradation is a major threat to water resources, biodiversity and livelihoods of forest dependent communities. If allowed to continue, it will lead to conflicts over these resources and land, political interference, weak law enforcement, limited management capacities of mandated institutions and inadequate governance systems account in part for the wanton degradation. Mr. Deputy Speaker, Sir, the Mau Forest Complex forms the largest closed canopy forest ecosystem of Kenya, as large as the forests of Mt. Kenya and the Aberdares combined. Being one of the five water towers in Kenya and the single most important water catchment in the Rift Valley and Western Kenya, it is a natural asset of national importance. Its forest provides vital ecological services to the country in terms of water storage, river flow regulation, flood mitigation, recharge of ground water, reduced soil erosion and siltation. Through these ecological services, the Mau Forest Complex supports the economic activities in the Rift Valley and Western parts of the country, including energy, tourism, agriculture and industries. The Mau Forest Complex is particularly important for two of the three largest foreign currency earners, that is, tea and tourism. Mr. Deputy Speaker, Sir, it is, therefore, important to conserve the Mau Forest Complex as it supports the livelihood of millions of people in the Rift Valley and Western Kenya. For instance, in the tea sector, approximately 35,000 jobs and the livelihoods of more than 50,000 small farmers, who support more than 430,000 dependants, benefit from ecology of the Mau Forest Complex. In addition, the Mau Forest Complex is the home of a minority group of indigenous forest dwellers, the Ogiek. Many communities living in the immediate surroundings of the forest depend extensively on the forest, while the urban dwellers also depend extensively on the Mau Forest Complex, mainly for water supply. Mr. Deputy Speaker, Sir, over the last 15 years, the Mau Forest Complex has lost over 107,000 hectares, representing approximately 25 per cent of its forest cover due 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. You have actually exceeded your five minutes. Next time you bring a Statement under Standing Order No.46(2), you should restrict yourself to the 10 minutes. Any other Statement?

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

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

Mr. Deputy Speaker, Sir, I wish to add my voice to the Statement. I have requested---

(Sen. (Prof.) Kindiki): Under what Standing Order?

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

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

Mr. Deputy Speaker, Sir, this issue of Mau Forest is not just a petty issue. It is an issue that requires the attention of this House.

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

There is nothing which is out of order.

(Sen. (Prof.) Kindiki): Then why did you rise on a point of order?

Mr. Deputy Speaker, Sir, I rose on an intervention. With all due respect, I do not want to argue back and forth. I am requesting that you allow us to discuss this issue of national importance.

(Sen. (Prof.) Kindiki): If you want to discuss an issue of national importance, the Standing Orders are very clear on what you need to do.

On a point of order, Mr. Deputy Speaker, Sir. We cannot have double standards in this House. Yesterday, the Senate Majority Leader brought an issue which was affecting this House. The issue of Mau Forest is something which is very important. So, I am seeking your indulgence to allow Members of this House to be able to comment on the issue.

Sen. (Prof.) Kindiki: Order, Sen. Olekina! You are treading on very dangerous ground. When you start talking about double standards, you might find yourself outside the Standing Orders. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Deputy Speaker, Sir, we need your wisdom in this matter; some element of Solomonic wisdom. The minute you certify that a matter is either of concern or national interest, under Standing Order No.46(2)(a) your discretion then to allow this to be a matter of topical concern, you cannot then limit it to the Senator who has read the Statement. I am guided under Standing Order No.47 that the makers of this Standing Orders, which included yourself only excluded comments under Personal Statements under Standing Order No. 47. Therefore, since this discretion has not been exercised before, it has been understood and maybe wrongly, and perhaps that is why you must make a ruling, that any Statement under Standing Order No.46(2)(a) that has been made on the Floor of the Senate since we changed the format of Statements, there have been comments. Even the ones that---

Sen. (Prof.) Kindiki: Order, Sen. Mutula Kilonzo Jnr. Resume your seat. First and foremost, Standing Order No.46 does not fall within the category as identified by Sen. Olekina. It does not deal with matters of urgent or national importance. It deals with matters of topical concern. That is neither urgent nor national but they are topical. There are many things which can be topical. Topical means they are being talked about. I am not making a determination on this particular issue of Mau Forest. Topical issues are not necessarily urgent neither are they of national importance. However, they could be topical. I am not making a determination on the Mau Forest issue. Two, at the end of that Standing Order No.46, a Senator making a Statement is restricted to not more than 10 minutes. You heard me tell Sen. Kwamboka that she used 12 minutes and 46 seconds which was outside the Standing Orders, but with the indulgence of the Chair. Hon. Senators, that is the position. Secondly, you have heard me say repeatedly - not once not twice - that the reason why this House put an embargo on Statements is because a significant amount of time is being spent on Statements at the expense of other items on the Order Paper. We need to use our legislative resources, including time resources, extremely prudently. Having said that, I will encourage Sen. Olekina and other Senators if they feel this is an urgent matter of national importance, to apply the Standing Orders and the Speaker will be considerate. Mr. Speaker also lives in this country; he does not live elsewhere. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

On a point of order, Mr. Deputy Speaker, Sir. In view of your comments on this, we are a House of traditions, order and precedence; what you have done today in terms of directions will affect business in future in terms of Standing Order No.46(2)(a). For purposes of that discretion that will be exercised, I would request that for purposes of the Mau Complex Statement issued by Sen. Kwamboka, a reasoned ruling be delivered on the circumstances on the discretion that this matter is not topical or does not require any comments even from the Senator who comes from that area. This will ensure that in future when somebody brings a Statement we know that the discretion will be left to the Speaker---

(Sen. (Prof.) Kindiki): Order, Senator. What are you seeking?

Mr. Deputy Speaker, Sir, I am seeking that you issue a reasoned ruling at a later date on the discretion you have exercised both for the Mau Forest Complex issue and for posterity. This is because what you have done is something we have not done before. Since I sit in the Senate Business Committee (SBC) where we plan business of the House, this matter has not come up. So, we, as leadership, are caught unawares by your ruling. Therefore, it is important not for this one, but for any other matter that will come up so that we can inform our constituents---

(Sen. (Prof.) Kindiki): Order, Senator Mutula Kilonzo Jnr.! Take a seat. What is it, Leader of Majority?

Mr. Deputy Speaker, Sir, I want to acknowledge that your ruling was reasoned. First of all, let me declare my interest: I was very eager to make some comments on this issue raised by Sen. Kwamboka even if it was for two minutes. Is Sen. Mutula Kilonzo Jnr. in order to challenge the Chair continuously and to even allude to the fact that your ruling is not reasoned? Does it mean that in order for a ruling to be reasoned it must be written? I heard you, as a professor, make a very reasoned ruling. The only thing I would beg is for your indulgence, for us to make a few comments on this important Statement. But your ruling is so reasoned.

(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr.! You are grossly out of order and you know what that means. At no time has there been an issue under what Standing Orders Sen. Kwamboka brought the Statement to the House. That was not the issue. Two, the issue of urgent matters of national importance was raised by Sen. Olekina. He is the one who said this matter is urgent and is of national importance. The Chair accordingly advised that if that is the characterization by Sen. Olekina, the way to approach it is not in the way of Sen. Kwamboka today. It is in the way of seeking---

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

On a point of order, Mr. Deputy Speaker, Sir. The matter of the Mau Forest Complex is a national issue. The Mau Forest does not affect Narok alone. We need enough time. If we had three hours to talk about the Senate yesterday, we should have 10 hours to talk about Mau. I think it is our right---

(Sen. (Prof.) Kindiki): Order, Sen. Malalah! Therefore, I will allow only two minutes to the Senator for Narok County, where the latest incidents took place; and one other Senator who---

I have not said who that other Senator is.

We know!

(Sen. (Prof.) Kindiki): You do not know; you cannot read the mind of the Deputy Speaker. Sen. Olekina, I will add you one more minute so that you now have three minutes. Let us get over this. Strictly use three minutes and limit yourself to the issues at hand.

Thank you, Mr. Deputy Speaker, Sir, for the three minutes. I will try to be very brief. From the outset, I am not standing here because of my personal interests. I know that I have a duty, as a human being, to leave this world a better place than I found it. The issue of the Mau does not only affect the Maasais. We are the ones who are heavily affected, but it actually affects a lot of other people, all the way to Egypt. Mr. Deputy Speaker, Sir, our rivers are drying because of impunity and complicity. We can no longer stand that. Many people hide behind the issue of compensation, yet the Constitution is alive. I know that some people are talking about the compensation, which I am completely against. Mr. Deputy Speaker, Sir, I long for the time when I could go to the river, drink clean water and shower. I long for that time when heavy rains would come and there would be no floods. I long for the time when everybody would grow their food from January to January. However, that time is no longer there because of our own selfish human activities. Mr. Deputy Speaker, Sir, this Constitution is very alive because Article 40(6) clearly limits the right to property. I know that a lot of people talk about compensation. 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. Proceed, Sen. Outa.

Thank you, Mr. Deputy Speaker, Sir. The Mau Forest issue is of national concern and it is time that we must address it, once and for all. The Mau Forest has affected us – rice farmers of West Kano – because previously, we used to have a lot of water in Lake Victoria. However, since people invaded and encroached on the Mau, we do not receive sufficient water each year to do rice production. That is why when other people are talking about compensating the illegal people who moved into Mau and destroyed it, we want to encourage the Government to move in immediately, remove all those people and return them to where they came from. Mr. Deputy Speaker, Sir, if we entertain this cutline, we will then be entertaining and trying to please Kenyans to continue living in impunity. This impunity is what we need to correct. I know that there was a time when the former Prime Minister of the Republic of Kenya – who is now the People’s President – tried to address the issue of the Mau Forest Complex, but they politicized it. It has now turned round and the Mau Forest is fighting back. Mr. Deputy Speaker, Sir, I encourage the President of the Republic of Kenya not to listen to anybody. He should do the right thing and save Kenyans.

This should be done like yesterday. I know that other people are saying that we need to compensate the evictees; and that these are human rights issues. When can we entertain human rights, yet our environment is being destroyed? Many people from my county were evicted from Naivasha during the post-election violence and they have never been 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. (Prof.) Kamar. You have three minutes.

Thank you, Mr. Deputy Speaker, Sir, for giving me an opportunity. First, I take this opportunity to thank Sen. Kwamboka, for making this very important Statement. This is an issue that is alive with us today. Mr. Deputy Speaker, Sir, I was in the Tenth Parliament. That is the time my colleague has referred to, when the then Prime Minister was asked to solve the issue of the Mau. I also happened to be an Assistant Minister for Environment and Forestry at the time. There are issues that need to be separated. I hope that all of us believe in environmental conservation. I am a soil and water conservationist and I believe that water sources must be protected in this country. I agree that it is not only Mau, but we also have Mt. Kenya Forest, the Aberdares, Mt. Elgon and other areas which have also been affected. There are policies that have come out, which the Ministry, as the custodian of the environment, has. However, we need to look at these issues and ask ourselves, as Kenyans, where we are failing our people. Today, Mr. Deputy Speaker, Sir, I have received another Petition from Internally Displaced Persons (IDPs) of Uasin Gishu County. In their petition, they lament that 68 were approved, but only 44 of them were paid. I ask myself where we went wrong. This is because we have the data right, we have calculated, we know how many people are in the Mau; we know how many were there legally and illegally. Why do we not address these issues? In the Tenth Parliament, we were very clear about what a cutline was. The former Prime Minister talked about the cutline and that is how we understood that there is something called a cutline. We are now blaming indigenous people who do not understand the vocabulary “cutline.” However, the issue of the cutline came up through a task force that was under the Prime Minister at that time. We need to look at it and ask ourselves why there was a cut line to begin with. Was it because of mistakes that we had done in the past? Was it because of things that were done wrongly or rightfully? Whatever that report has, we may need to revisit it. Mr. Deputy Speaker, Sir, I am calling on the Committee on Lands, Environment and Natural Resources to look at the report that came out at that time. This is because one mistake made was that the people were not sorted out at the time. It is just the way the IDPs were not sorted out, where even the IDPs of Kisumu were not sorted out. How come we are not completing issues? We need to complete issues such that when we have decided that we are going to compensate people, let us compensate them if we think that is the right way to go. 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): Your time is up, Sen. (Prof.) Kamar. Proceed, Sen. Malalah.

Thank you Mr. Deputy Speaker, Sir. I was wondering why you were not---

Mr. Deputy Speaker, Sir, I am the Deputy Senate Minority Leader and have time. Therefore, Sen. Murkomen---

(Sen. (Prof.) Kindiki): Order, Senator. Can you stop shouting across the aisle?

Mr. Deputy Speaker, Sir, I want to remind this House that the issue of the Mau Forest is not new to this nation. I want to remind them that between 1984 and 1986, former President Moi evicted people from the Mau.

(Sen. (Prof.) Kindiki): I am sure that the three minutes are not over.

Mr. Deputy Speaker, Sir, money has been poured to finish me.

Mr. Deputy Speaker, Sir, in 1984 President Moi evicted people from the Mau. He had a vision for this country and it is absurd that 30 years later, some leaders are sitting down to tell us that the people who settled in Mau should not be evicted or should be compensated. I want to remind this House that the same President set up a commission of inquiry that was chaired by Ole Ntutu in 1989. They came up with resolutions and a clear line, which has been ignored up to now. I want to remind this House that in 2001, 65,000 acres was hived off to settle the Ogiek. Those are the people who deserved to be compensated and get land in the Mau area. The people’s President, the Rt. Hon. Raila Amollo Odinga, set up a Commission in 2005, whose resolutions have been ignored. The Mau issue affects many people and not just a community. The issue of compensation should not arise. You cannot encroach on a forest and demand compensation. If there are people who deserve compensation in this country, it is the Solai Dam tragedy victims and the people who were clobbered during the “Resist Movement.” People who encroach on our natural resource should not be compensated. I would even suggest that we compensate the Kibera people because they The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Order! I am trying to figure out; I heard one Senator shouting about time from my right. I thought that you still had a few seconds.

Mr. Deputy Speaker, Sir, I wonder why Sen. Murkomen is unsettled, when I am raising matters of national importance. I want to tell this House that we are the defenders of the common mwananchi. The common mwananchi is not defined to be a mwananchi of a certain community. We are protecting the climate of this country. It was absurd to see Hon. Members of this House going to the Mau Forest to incite the public against our Government. I am surprised that when the Government makes a decision to evict people, some people who are not in Government go there to incite members of the public. I want to warn those individuals that we shall not tolerate such incitement; we shall stand by the Government to evict people from the Mau, so that we can protect that forest. Thank you, Mr. Deputy Speaker, Sir.

Thank you, Mr. Deputy Speaker, Sir. Whenever the Senators speak, they say that they defend the common mwananchi. I am wondering if one famous Mr. Rai is a common mwananchi .

The issue of---

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

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

Mr. Deputy Speaker, Sir, I think that the hon. Senator for Kericho is out of order by implying that---

(Sen. (Prof.) Kindiki): Order! It is not upon you to decide of who is out of order. You should ask, in form of a question, whether he is in order.

Mr. Deputy Speaker, Sir, I had not finished my statement---

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

Mr. Deputy Speaker, Sir, let me start.

(Sen. (Prof.) Kindiki): Sen. Malalah resume your seat. It is not the business of finishing or not. You started by saying that the Senator for Kericho is out of order. That is not your territory. You can now proceed as guided.

I am well guided, Mr. Deputy Speaker, Sir. Is the Senator in order to say that a Member of this House protected one Rai as a common mwananchi? Could he elaborate on that issue or withdraw that statement immediately or we shall eject him out of this House? 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! You are making things worse, Sen. Malalah. Have you also arrogated yourself powers to eject people from this Chamber? You have no role or mandate on how a Senator gets ejected. We do not eject Senators from the Chamber; we ask them to withdraw from the Chamber. So, you can only be a victim of such withdrawal.

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

(Sen. (Prof.) Kindiki): Senate Majority Leader, Sen. Malalah is on a point of order.

Order! Can Sen. Malalah raise his point of order first? What is out of order?

Mr. Deputy Speaker, Sir, I was surprised by the manner in which the hon. Senator claimed that a Member of this House was protecting the interest of a common mwananchi called Rai. Let him substantiate his statement or withdraw.

(Sen. (Prof.) Kindiki): What is it, Senate Majority Leader?

Mr. Deputy Speaker, Sir, is Sen. Malalah in order to arrogate himself the responsibility of defender of one Rai, when Sen. Cheruiyot never mentioned any Senator. Is there a link between Sen. Malalah and the person called Rai or on what basis did he stand up to raise the point of order? I am asking this because he was the only one who was unsettled by the mention of the name “Mr. Rai.”

Mr. Deputy Speaker, Sir, I want to proceed.

(Sen. (Prof.) Kindiki): No. You have to respond to the issue raised by Sen. Malalah.

Mr. Deputy Speaker, Sir, on the issue raised by Sen. Malalah, I mentioned Rai, but did not specify which Rai. It could be Rai the watchman in the estate where I live. Secondly and most importantly, I did not mention any particular Senator, but as Chinua Achebe once said: “When dry bones are mentioned, the old get unsettled.” So, when we mention Rai, friends of Rai are bound to respond. I want to confirm to Sen. Malalah that I was not talking about Mr. Rai his friend, if that can relax him.

(Sen. (Prof.) Kindiki): Order, Sen. Cheruiyot! Finish your contribution. You have two more minutes.

Mr. Deputy Speaker, Sir, I had not spoken. I had begun for ten seconds when I was interrupted---.

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

Mr. Deputy Speaker, Sir, okay two minutes is enough. We cannot do justice to the issue of Mau Forest by limiting ourselves to three minutes as Senators when we want to speak. Before rising to the Floor of this House to speak about Mau Forest, I would like to urge my colleagues to read the report written by one brilliant 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): Order, Sen. Cheruiyot! Would you like to be informed by Sen. Olekina?

Mr. Deputy Speaker, Sir, it matters who is informing me. If it Sen. Olekina---

(Sen. (Prof.) Kindiki): Order. Sen. Cheruiyot! You need to maintain order. Would you like to be informed by Sen. Olekina?

Mr. Deputy Speaker, Sir, on anything, but not conservation.

Mr. Deputy Speaker, Sir, as I inform my good friend and Senator for Kericho County, it is important that this House takes note that there were three reports. Therefore, we cannot limit ourselves to one report by Mr. Hassan Noor. We have a report by Mr. Sambu, Hon. Ole Ntutu and the former Prime Minister’s taskforce, respectively. Let us address Mau Forest issues with the seriousness they deserve.

(Sen. (Prof.) Kindiki): Sen. Cheruiyot, conclude your contribution as our time is pertinent.

Mr. Deputy Speaker, Sir, at that time, Sen. Olekina was out of the country. Probably that is why he does not know the Prime Minister’s report is known as the Hassan Noor Report. I did not say that we should not look at other reports. I only said we take time to read that particular report. That is simple English. It does not mean that we do not read the rest of reports on Mau Forest. We, as a House, can appraise ourselves with the issues raised in those reports. We can have a sober discussion because we all want a beautiful country.

Mr. Deputy Speaker, Sir, the Mau Forest issue is very important for the country. To the contrary, the debate that has been going on is to portray Mau Forest as a Narok issue. Mau Forest is in Bomet, Kericho, Nakuru and Narok counties. It is an important eco-system just like Cherangany 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): I am not aware that Sen. Malalah is the Senate Minority Leader.

Mr. Deputy Speaker, Sir, he is the Senate Deputy Minority Leader and for now he the Acting Minority Leader now that the Senate Minority Leader is not around.

(Sen. (Prof.) Kindiki): I am not aware of that as well. However, have your two minutes, we need to close this discussion.

Mr. Deputy Speaker, Sir, that is why I saw Sen. Malalah passionately defending the Kabras Sugar factory, although Senator Cheruiyot could be defending Mau Forest evictees for other reasons. Sen. Malalah did so, as he told me, because there are small scale farmers who supply sugar The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

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

Mr. Deputy Speaker, Sir, I know this matter is very emotive. Is it in order for the Senate Majority Leader to suggest that the current Government where he is the Senate Majority Leader is violating human rights? Can he substantiate that? Can he bring it to this House for us to see that violation of human rights? One cannot stand here and say that this Government is violating human rights. Bring it here and let it be factual. The world is watching and we cannot be taken back. This is a country that has agreed to move forward.

(Sen. (Prof.) Kindiki): What is your point of order Sen. Olekina?

Mr. Deputy Speaker, Sir, it is out of order for him to impute ill motives against this Government.

(Sen. (Prof.) Kindiki): Under what Standing Order?

Mr. Deputy Speaker, Sir, I could even say Standing Order No.1.

(Sen. (Prof.) Kindiki): Order. Sen. Murkomen, please conclude your remarks.

Mr. Deputy Speaker, Sir, Article 43 of the Constitution provides the right to education. About 4,000 children are out of school because ten schools have been closed in Narok South Constituency. That is a violation of human rights. Article 43 of the Constitution provides the right to housing. Many of the people have had their houses burnt and they are sleeping outside. That is a violation of human rights. That is the question we are raising. That is why I used the word “wakora” in Mau. You will always find certain wrong people in the Government who do wrong things. That mode of evicting people from the Mau Forest and violating their rights is wrong. It is the same when we have “wakora” stealing public money. 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.

(Sen. (Prof.) Kindiki): Order, Senators! When this Statement was issued by Sen. Kwamboka, I advised that given the exchanges that we have seen in the recent days in and out of this Chamber, there are better ways of spending more time so that you can ventilate on this issue, other than through the Statement. However, I was persuaded – although in a not-so-appropriate manner – to allow debate on it by Sen. Mutula Kilonzo Jnr. and Sen. Olekina.

Senators, please, when you want to say something, just say it without trying to drag the Speaker into the debate. The Speaker does not take part in the debate. Therefore, do not try to bring the Speaker into the debate. Just say that you want more time and explain yourself. Do not start shouting across the aisle and, occasionally, attempt to shout at the Speaker.

That will not be entertained. You cannot intimidate the Speaker. We are umpires and we are here to make sure that the tax that Kenyans pay to keep us here is used well. Having said that, Senators, nothing prevents Sen. Kwamboka or any other Senator from seeking other ways of articulating this issue differently. Hon. Senators, that marks the end of this discussion and the end of that Order on Statements because we have other Business which we must deal with today. That is the order from this side. Let us move on to the next Order. Order, Senators! I see that we have certain items on the Order Paper that we cannot transact now. Leaders of Majority and Minority, can you confirm whether we can transact the Divisions in Orders No. 8,9,10 and 11?

We cannot, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Very well. Accordingly, I direct that we defer the items on Orders No. 8, 9, 10, and 11 on the Order Paper. 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 beg to move that the Physical Planning Bill (National Assembly Bills No.34 of 2017) be read a Second Time. Mr. Deputy Speaker, Sir, this is a very important Bill that touches on an important aspect in our Constitution. The objective of this Bill is to provide for the The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from St. Augustine Muruto Primary School in Nandi 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. Thank you.

What is it Sen. Cherargei?

Thank you, Mr. Deputy Speaker, Sir. I take this opportunity to welcome our good pupils from Muruto Primary School in Kabiyet, Mosop sub-county, Nandi County led by Mr. Rotich. I welcome them to the National Assembly and the Senate and wish them a fruitful engagement, so that they may learn. We are proud of them. I challenge them that courtesy of being here, they should be inspired to perform to their best in the coming national examinations for this season. We wish you well and pray for you. We are proud of you and hope that when you go back, you will perform to your best especially after this visit to the Senate; knowing that the Senate is the great custodian of devolution in this country. May this 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. Dullo, proceed.

Thank you, Mr. Deputy Speaker, Sir. I wish to second this Bill. I believe this Bill will sort out most of the issues affecting our country and counties. It is long overdue because land is an emotive issue and without proper legislation in place, we will have a lot of problems. First and foremost, this Bill provides for planning, use, regulation and development of land. What we have noticed in most counties is that proper planning and development of land is not done properly. It is normally done in an ad hoc manner without proper consultation especially in terms of the areas that are set aside for proper use in our country. I believe once we have this law, these factors that affect our country will be sorted out. I come from Isiolo County where land used to be under the county council and now the national Government can just take away land from the community or allocate it to individuals without consulting the locals. Such cases will be sorted out by this law. Currently in Isiolo, we have about three or four individuals who claim ownership of one piece of land because of allocation issues and conflict of interest between the national Government and our county government. Once we have the county executive committees on board, they will formulate county policy planning that will guide the counties in terms of how land will be utilised. I believe this is important for our country. The county executive committee will also monitor and oversee technical physical planning functions at the county level because it used to be a one man show where anybody could wake up and carry out that particular function. Fortunately, this law will sort out these issues which are critical in our counties.

Madam Temporary Speaker, the Bill also provides for other offices within the county such as the County Director for Physical Planning whose role will be advisory to the county government on physical planning matters. That will also ensure our problems are sorted out. I want to talk about the Inter-County Joint Physical Development Plan (ICPDP). We have been having a lot of problems especially in counties with boundary disputes where issues have not been sorted out properly because there is no proper legislation in place. Once we have the ICPDP, it will be possible to liaise across counties to sort out our issues and plan for our counties properly. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator.

(Sen. (Prof.) Kamar): What is your point of order, Sen. M. Kajwang’?

Madam Temporary Speaker, the Bill whose question you have just proposed was before this House during the Eleventh Parliament, and it was subject to a lot of debate and amendments. I note that it has come back in a similar format and with similar content and, as such, it stands the risk of rejection. Madam Temporary Speaker, my point of order arises from Standing Order No.134, which gives us the procedure for committal of Bills to Committees and 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.

(Sen. (Prof.) Kamar): Order, Sen. M. Kajwang’! I can see that another point of order has been raised. However, before that, I am happy that the Senate Majority Leader is here so that he can respond your point of order---

Could I prosecute the point order first---?

(Sen. (Prof.) Kamar): Are you ready for it?

I am on a point of order.

(Sen. (Prof.) Kamar): Yes, finish your point of order.

Thank you, Madam Temporary Speaker. My point of order relates to the manner in which we want to process this Bill. This Bill was committed to a Committee, which I believe it is the Committee on Lands, Environment and Natural Resources. The Committee has not reported back to the House and they have not told us why they have not done so. This is not a simple Bill; it is one that talks about matters that are regulated by professionals. People go to school to become Physical Planners, and we do not want this Senate to undertake a debate that will be pedestrian and uniformed. That is why the committees are given the mandate and power to scrutinize Bills and bring reports to the House. Madam Temporary speaker, it is not the first time that this House has reflected on these provisions of the Standing Orders---

(Sen. (Prof.) Kamar): Your point has been noted.

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

(Sen. (Prof.) Kamar): Order, Sen. M. Kajwang’. I was giving you time, because I wanted to understand the direction that you are taking us; but I think we have got the point.

Madam Temporary Speaker, I have not even said the direction that I will be requesting the Chair to take.

(Sen. (Prof.) Kamar): Then you should have used your time during debate to take us that far. We wanted to know what is out of order in the debate which is about to commence because you rose on a point of order.

Madam Temporary Speaker, we cannot debate this matter until we have addressed the issues I am raising under Standing Orders, No.s 1, 134 and137. Allow me to state why I am referring to Standing Order 1. The Ward Equalization Fund Bill was brought before this House for debate earlier. However, because it had significant issues, the House made a resolution to await the report of the Committee before we could proceed with the matter. This is not a simple matter. If we rush it because it has come from the National Assembly or because the leadership has got certain instructions to pass the Bill, we are then going to throw away the baby with the bath water.

(Sen. (Prof.) Kamar): Order, Senator. We have got your point. The reference to the Equalization Fund is known to us, the Speaker and the clerks. We, therefore, know which reference you are talking about. Therefore, allow us to ventilate and give you direction shortly. I can see another intervention from Sen. Mutula Kilonzo Jnr., Let us hear him out before I allow the Majority Leader.

Madam Temporary Speaker, I need your attention. From the Bill tracker that is on our very nice gadgets in front of us, the Physical Planning Bill was committed to the Committee on Lands, Environment and Natural Resources on 16th May, 2018. The 30 days lapsed on 15th June, 2018 and today is 26th July, 2018. We have Members of the Committee here, including Sen. Sylvia Kasanga. It is important that we know from the Committee what the position is because, as Sen. M. Kajwang rightly points out, there was a substantive issue raised in the last Session on the Physical Planning Bill. Before we begin the debate, those issues must come to our attention. There is a reason that Standing Order is there. If it has been waived for whatever reason, that information should be given to Senators, so that we move from an informed position. It will enable us not to contradict the Committee or waste time here, yet they will totally amend it or tell us that we do not need to debate it. That position must be made clear. Thank you, Madam Temporary Speaker. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you. In fact, I was starting to wonder whether you were on a point of information and who you were informing. You stood on a point of order, but started informing us. Hon. Senators, the argument that has been brought forward by Sen. Mutula Kilonzo Jnr. was the answer that I was to give to Sen. M. Kajwang. It is true that the First Reading of this Bill was done in May. When a First Reading has taken place, it is expected that the relevant Committee will report back within 30 days, if it indeed goes out to do its work. When the Bill appeared on the Order Paper, we expected the Chairperson and all the Members of the Committee to be here, to inform us if at all they have done anything. The Bill has been on the Order Paper since Tuesday, but they do not seem to have a report. That is the assumption from this point. If they have a report, the House has a right to go to the Second Reading. We expect Members to propose whatever they have. We cannot stop debate of a Bill that is already the property of the House, if a Committee fails to do what is required of it within 30 days. I will now ask the Senate Majority Leader to make a few clarifications, now that I have responded to that.

Madam Temporary Speaker, is it in order for me to request you to give two minutes to Sen. Sylvia Kasanga, who is a Member of the Committee, to inform us before I make my final comments?

(Sen. (Prof.) Kamar): Sen. Kasanga has already requested to speak, anyway. She has not asked for an intervention, but to contribute to the debate. I do not know why you want me to force her to intervene, yet she has not requested for it. Sen. Kasanga, are you requesting for an intervention or you want to contribute to the debate, because you are lined up?

Madam Temporary Speaker, I made a mistake by pressing the wrong button. I want to make a point of intervention and information as well, if allowed.

(Sen. (Prof.) Kamar): That is okay. Proceed with your intervention.

Thank you, Madam Temporary Speaker. Indeed, I am a Member of the Committee on Lands, Environment and Natural Resources. This particular Bill has raised a lot of interest from the public. We had public participation, but up until yesterday we were still getting submissions from various stakeholders and professionals in the industry. Madam Temporary Speaker, we had a meeting today and we were going over all the recommendations that have been made; they are quite a number. Our Chairperson is not here because he has been unwell for the last two weeks. If it is possible, I request that we be allowed to table a draft of what we have received from the stakeholders. It will be more useful to the House than going with it as it is right now. There are quite a number of amendments that have been proposed by the various professionals. Madam Temporary Speaker, that is what I can say for now.

(Sen. (Prof.) Kamar): Notwithstanding, as a Committee, you have failed the House because 30 days lapsed in June. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I have been waiting for the Committee to complete its work for the last three months. In fact, the Committee is one-and-a-half months late. Even if it is about extension, it is unfortunate that they have not delivered to the required standards. I have no problem with adjourning the debate up to Tuesday, so that Members can read the report and make informed debate. However, let us remind ourselves that we have proceeded in the past and waited for the Committee to come with amendments. This should not be the practice; it should not be mandatory for somebody’s Bill to be left in abeyance. Assuming that it was a Private Member’s Bill and a Committee sits with it for this period of time and the Member is just waiting--- Mr. Temporary Speaker, Sir, since it is a Government Bill, I have no problem if we can have another one week for the Committee to complete its report. If we can adjourn it to Tuesday, 6th August, 2018, Members will be ready to debate it without further reference to the Committee.

On a point of order, Madam Temporary Speaker.

(Sen. (Prof.) Kamar): Sen. Malalah, what is your point of order?

Thank you, Madam Temporary Speaker. I join the Senate Majority Leader in suggesting that we adjourn this debate, but we must do it procedurally. Standing Order No.54 provides that a Motion to adjourn debate can be moved without notice. Therefore, it is my humble submission that I move a Motion to adjourn this debate, because we do not have enough information pertaining to this Bill. Again, it is in the interest of this House to get a report from the Committee. The other day, we were bashed by the National Assembly for not transacting business that affects counties. In our Order Paper today, we have Motions to discuss the financial operations of Kajiado County---

(Sen. (Prof.) Kamar): Order, Sen. Malalah. You are now straying completely. You are giving us other reasons than why you want an adjournment. We want you to give the reasons you want an adjournment. However, if you have other reasons to bring some Orders forward, that is manipulating the Chair. Are you done?

Madam Temporary Speaker, I stand guided.

(Sen. (Prof.) Kamar): Proceed.

Madam Temporary Speaker, pursuant to Standing Order No. 99 (1), I beg to move that debate on The Physical Planning Bill (National Assembly Bills No.34 of 2017 be now adjourned until further notice. I call upon Sen. Olekina to second. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise to second the proposal by my good friend, Sen. Malalah, for the following reasons. It is imperative that when we are dealing with issues that touch on counties, we should do so from an informed position. The tabling of the report by the Committee will illuminate to us all issues that people are concerned with about physical planning in this country. With those few remarks, Madam Temporary Speaker, I beg to second.

(Sen. (Prof.) Kamar): Hon. Members, now that it has been done procedurally under Standing Order No.99 (1), I will put the question that the debate on the Physical Planning (National Assembly Bills No.34 of 2017), be now adjourned.

On a point of Order, Madam Temporary Speaker. On the comments made by the Majority Leader---

(Sen. (Prof.) Kamar): Sen. Mutula Kilonzo Jnr., are you taking us back?

No, Madam Temporary Speaker. It is on general direction on what you have said. I sought your intervention, as you have adjourned. The matter is over. However, there is an issue that I would like to raise.

(Sen. (Prof.) Kamar): Hon. Senator, but not on the same. We have been told about the Bill and the Committee insists on the reasons why we are adjourning it. So, do not guide them unless you want to be a friend of the Committee, you can visit them.

Madam Temporary Speaker, it is a direction on the Standing Orders. If the Standing Orders direct a committee to table a report within 30 days and the report is not tabled within 30 days, there must be a default for purposes of movers of Bills. It cannot be that a delay becomes usual business and a complaint from the Senate Majority Leader because there is a Liaison Committee. There must be direction because this will become the order of the day and it will affect Government and private Members business. What is a Senator supposed to do if the 30 days lapse and there is no report? That is general direction, not necessarily for this Bill, which we have agreed to adjourn under Standing Order No.99. What exactly is supposed to happen? It cannot be business as usual. We are being accused by the National Assembly of sitting on matters that concern counties and that are brought to our attention. These are some of the things that we must speak to.

(Sen. (Prof.) Kamar): Hon. Senators, procedurally, we were not supposed to have accepted any comment on this. Your comments should have come before adjournment so that we move to the next order. Notwithstanding is the fact 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 beg to move the following Motion- THAT, this House adopts the Report of the Sessional Committee on County Public Accounts and Investments on the inquiry into the financial operations of Kajiado County Executive for the Financial Year 2013/2014 (1st July, 2013 – 30th June, 2014), that was laid on the Table of the House on Thursday, 10th May, 2018. The County Public Accounts and Investments Committee (CPAIC) is the avenue through which the Senate carries out its mandate that is captured in Article 96 (3) of the Constitution. An effort was made to lay this report on the Table of the House in the Eleventh Parliament and a Motion was moved to adopt the report. However, the term of the Eleventh Parliament lapsed before the House could adopt this Report. As a result, this House has not successfully adopted any of the reports of the County Public Accounts and Investments Committee. That means that the reports or findings of the Auditor- General have not been adopted by the House since the advent of devolution. Madam Temporary Speaker, that puts the House in quite some tricky light. Despite all the work that Senators do day and night, to conduct or to carry out oversight over public funds that have been sent to counties, this House is yet to pronounce itself. Today, we have an opportunity to look at the report of Kajiado County, pronounce ourselves and confirm to the world that this House is serious about its oversight duty. We have had a discussion with the leadership of the House on how to treat the reports of the Auditor-General dating back to 2013/2014. This is because the Motion that I am moving relates to the Auditor-General’s Report for the very first year of devolution. You acknowledge that we are in 2018, and so we would be looking at a report that analyses financial operations that were carried out more than four years ago. As a The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you, Senator and Chair of the Committee. Proceed, Sen. Olekina.

Thank you, Madam Temporary Speaker. I rise to Second the Motion that this House adopts the Report of the CPAIC on the inquiry into the financial operations of Kajiado County Executive for the Financial Year 2013/2014. One of the biggest challenges that we face in this Committee is adapting a report whose investigations were carried out by a previous House. But in the tradition of this House, I believe that the men and women who sat in this House and in this Committee then are men and women of integrity who are able to ensure that a fiduciary duty is observed in each and every county. Madam Temporary Speaker, as I Second this Motion, I note clearly that there are issues that can easily be resolved by a resolution of this House to ensure that we can expedite the process of looking at audit queries of the Financial Year 2013/2014. It is shameful that we are in 2018 and yet we are still looking at the reports of Financial Year 2013/2014. I want to report to this House that our Committee is working diligently on a daily basis to ensure that we expedite and resolve these audit questions. Madam Temporary Speaker, from the outset, I wish to note that the former governor of Kajiado appeared before the Committee and responded to a majority of the questions raised by the auditor. I note with a lot of concern the issue of building capacity in counties. I hope that in subsequent years, this county will enhance capacity so that we can ensure a full fiduciary obligation. It is imperative that county governments, particularly governors, ensure that they can account for the resources they are entrusted with by taxpayers through the Division of Revenue Act from this House. Madam Temporary Speaker, our recommendations contain overall recommendations which cut across all counties. The issue noted in this Report as being common in every county is on building of capacity. I wish that the Senator for Kajiado was here, so that he can look at this report and follow through to ensure that the county government enhances the skills available for their staff. Doing that is what will help to close all the loopholes and ensure that fiduciary duty. On the issue of assets and liabilities, the Committee observed that the Auditor- General raised questions on the issue of outstanding debts, which is an issue that we can clear in this Committee to ensure that all counties are up to date with regard to assets and liabilities. This is because we have the defunct county councils and the new county governments taking over debts, some of which cannot be verified. It is an issue that cuts across. It was started by the Transition Authority and another intergovernmental body came in place to resolve this matter once and for all, in order for us to proceed further and ensure that the money which is sent to the county government is not used to pay debts or do services that could have been done previously. I would want to ask the Senator for Kajiado County to look at the management’s response and further see what the auditor’s remarks were in terms of the outstanding debts. When the Committee was looking at this matter, several observations were made, which are clearly noted in this Report. It is imperative that this House looks 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.) Kamar): Hon. Senators, I do not see a request to debate. Where is the Chairperson of the Committee? ( Sen. M. Kajwang' approached the Chair) Let us have Sen. M. Kajwang’.

Madam Temporary Speaker, pursuant to Standing Order No. 55(3), I beg that the putting of the question be deferred to another day.

(Sen. (Prof.) Kamar: It is so ordered.

Next Order!

Madam Temporary Speaker, I beg to move the following Motion: 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 second this Report. The Committee made seven broad recommendations that cut across all the counties. The first recommendation was that the county government should professionalize the finance, procurement and internal audit department for efficiency, effectiveness and proper management of county government resources, as well as accountability and transparency in the management of public funds. This can be achieved through the recruitment of qualified chief finance officers and other officers with financial and procurement related qualifications. Madam Temporary Speaker, if you go through the Report, most of the audit queries touch on procurement and use of public funds by the Narok County Government. The County Public Service Board, in conjunction with the Salaries and Remuneration Commission, should come up with a flexible plan and policy that will enable the county governments to attract specialised and skilled personnel. This has been a problem across all the counties because most of the specialized personnel are located in the major towns and are not willing to go to the rural counties to do this work. The Committee further recommended that the county institutes a mechanism to ensure recruitment and placement of staff in accordance with the skills and capacity. Most of the county assembly staff were inherited from the previous county councils and municipalities, which did not attract many qualified personnel. Four, the Committee recommends that the county institutes a mechanism to ensure that recruitment and placement of staff is in accordance with their skills and capacity. Five, the Committee recommends that the internal audit units be strengthened and widened to include evaluating and reporting on internal controls applicable to high The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I rise pursuant to Standing Order 55(3). I beg that the putting of the question be deferred to another day.

(Sen. (Prof.) Kamar): Very well. Thank you, Senator. It is so ordered.

Next Order.

(Sen. (Prof.) Kamar): Yes, Sen. M. Kajwang’.

Thank you, Madam Temporary Speaker. I beg to move the following Motion- THAT, this House adopts the Report of the Sessional Committee on the County Public Accounts and Investments on the inquiry into the financial operations of the Turkana County Executive for the Financial Year 2013/2014 (1st July 2013 - 30th June, 2014) laid on the Table of the House on Thursday, 10th May, 2018. Madam Temporary Speaker, the Report of the Auditor-General for Turkana County for the Financial Year 2013/2014 was laid on the Table of this House on 30th June, 2015, and it stood committed to the CPAIC. This date is important because the first Senate started sitting in 2013, and it was only in June, 2015, when the first report of Turkana County was brought to the House for the first full year of devolution. Sometimes people ask what the previous Senate was doing. However, you could clearly see 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.

(Sen. (Prof.) Kamar): Thank you, Senator. Proceed, Sen. (Prof.) Ongeri.

Thank you, Madam Temporary Speaker. I rise to second this Motion on Turkana County. It is quite glaring that one of the biggest problems that the counties, particularly, the marginalised ones have, come across is the capacity of getting competent officials and officers to occupy very critical departments in order to move the agenda of development forward. You could see that even at the highest level of a County Executive Committee (CEC) Member not having academic qualifications and competencies required to direct the financial management of that county, was one of the biggest drawbacks that were experienced in Turkana County. Madam Temporary Speaker, do not forget that one of the biggest beneficiaries of the Equalization Fund is Turkana County. In fact, it tops on the list. When you find a county not being able to utilise all the resources at their command, it then becomes very difficult to bring that county to the level of other counties. That is why they were getting these extra funds, so that they can get to that level. We noted this gap that has been very clearly pronounced by the Chairperson of the Sessional Committee on County Public Accounts and Investment, of which I am a Member. One of the things that can bring some of these counties out of their woods is being able to get competent personnel such as engineers, doctors and other professionals that will man some of the critical service points and areas. It is very sad that the finance and procurement departments lack the requisite capacity to direct how procurement The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Proceed, Sen. Olekina. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. Pursuant to Standing Order No. 55(3), I beg that the putting of the question on the Motion be deferred to another day. Thank you.

(Sen. (Prof.) Kamar): Thank you, Senator. It is so ordered.

Next Order!

(Sen. (Prof.) Kamar): I do not see Sen. Poghisio in the House. As was said yesterday, it is really upon Members to be in the House when their Motions are in the Order Paper. This should be communicated to him. I will, therefore, defer this Motion to another day.

Next Order! FRAMEWORK TO PERMANENTLY ADDRESS EFFECTS OF FLOODS THAT, aware that several days of heavy rains recently have caused severe flooding in many parts of the country, resulting in multiple deaths and devastating damage to property and infrastructure; NOTING with concern that, whenever Kenya experiences periods of severe drought, torrential rains usually follow; CONCERNED that year in year out, the challenge of floods continues to recur, leading to loss of human and animal life, displacement of people and wanton destruction of property; COGNIZANT that the number of Kenyans needing emergency food aid as a result of displacement caused by the current floods continues The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): I also do not see Sen. Dullo. As was said yesterday, and as I have just said, the Motion will be deferred to a date that will be set by the Senate Business Committee.

Next Order! THE STATUS OF EDUCATION IN NORTHERN KENYA THAT, AWARE that Article 43 (f) of the Constitution of Kenya stipulates that every person has the right to education, and Article 53(1)(b) provides that every child has the right to free and compulsory basic education; ALSO, AWARE that education is a basic need and a tool for intellectual empowerment and social-political development; FURTHER AWARE that education is a shared function between the National and the County levels of Government with the National Government being responsible for Primary, secondary and Higher education while the County Government is responsible for pre-primary education, village polytechnics and home craft centres; COGNISANT that both levels of Government complement each other in promoting sustainable education; CONCERNED that the intake, uptake and quality of education in the Northern Kenya have adversely been affected owing to discrepancies The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Hon. Senators, again, I do not see Sen. (Dr.) Ali. This Motion falls under the same category. These are Senators who should have been in the House because it was communicated to them. For that reason, the Motion is deferred to a date to be set by the Senate Business Committee.

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.

Madam Temporary Speaker, I beg to move the Motion on Management of Construction contractors- THAT, AWARE that Section 15 of the National Construction Authority (NCA) Act prescribes the requirements for registration as a contractor; ALSO, AWARE that Section 18 of the Act mandates the NCA Board to accredit firms incorporated outside Kenya to carry out construction works in Kenya for a prescribed period; CONCERNED that a large number of registered local contractors cannot perform up to the expected standard leading to collapsed buildings, poor county roads and infrastructure and incomplete contracts; APPRECIATING that there are still a good number of local contractors that has demonstrated capacity to perform and deliver projects as required; DEEPLY CONCERNED that foreign contractors are now engaging in projects that local contractors have equal capacity and skill to perform, especially in the counties; RECOGNIZING THAT there is need to grow our local industries by giving job opportunities to Kenyan citizens and building their technical capacities; NOW, THEREFORE, the Senate calls upon the Government through the NCA to: (1) Conduct a fresh registration drive of all building and infrastructure contractors in order to weed out all non-performing ones and to identify those who demonstrate compliance; (2) Enforce strict oversight on foreign contractors and institute a mechanism to handle complaints raised against contractors; (3) Ensure that foreign contractors are only awarded contracts that local contractors cannot handle and require them to include technology transfer to locals; and, (4) Require both local and foreign contractors to undertake corporate social responsibility activities in the counties where they operate. Madam Temporary Speaker, I raised this Motion quite a while ago although it has come a bit late, in my opinion. Certain events have occurred that have superseded the intention of this Motion, but in a positive way. This is because there has been conversation around foreign contractors and foreigners doing work that local contractors or citizens can 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.

(Sen. (Prof.) Kamar): Sen. Kasanga, when you moved the Motion, did you state that a number of issues are overtaken by events?

Madam Temporary Speaker, what I said is that the conversation around the fact that we have a lot of foreigners doing work that locals can do has already been discussed here in the House but the Motion is still alive.

(Sen. (Prof.) Kamar): Okay. Let us have Sen. Mutula Kilonzo Jnr.

Madam Temporary Speaker, this is alive and I would like to support this Motion. Sen. Kasanga may not be aware that the Institution of Engineers of Kenya (IEK) has issued a notice to do a protest because of what appears to be favouring of foreign contractors over our local engineers who are capable of doing work. I do not think, from the discussions that have been going on, that this matter has been given the emphasis that it should. Recently, the Senate Majority Leader said something that I found extremely curious. He said that Kenyans demand for Chinese contractors because local contractors have no capacity to do some of the jobs that they are called upon to do. Although I never got the opportunity to challenge him, the interesting thing is that about half of the contracts, including those for roads--- He mentioned some of the projects in the Rift Valley. The engineers, the people who actually do the drawings and, the people who issue the certificates are Kenyans and so there is no question that the people who ultimately certify that Ngong Road was done properly by Japanese or Chinese are Kenyans. Therefore, there is no question of capacity because the person who supervises the work is a Kenyan. When the President of this Republic was in Makueni in January, 2015 to launch a portion of the Standard Gauge Railway (SGR) from Kibwezi to Nairobi, we had a serious discussion about transfer of skills. It pained me to know that although the sleepers – sleepers are concrete slabs that are put on top of the rail – were being done in a place 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. This Motion has come at the right time. The NCA was established expressly to regulate, streamline and build capacity in the building and construction industry. The long and short of this is that they were given the mandate to take on board many skilled Kenyans and to improve on their skills so as to help in the building industry. Madam Temporary Speaker, you will appreciate that you and I spent endless time to ensure the creation of competent vocational, technical training institutes of technology to impact professional training in various cadres of the building and infrastructure industries. However, these young men and women who have been trained in those institutions are lacking jobs.

We now have major construction companies coming from foreign countries with semi- knocked down kits from their own countries, which means that more than 90 per cent of whatever loans they are giving us is sent back to their countries of origin. Therefore, the country does not benefit; all we see is a service that does not build capacity for the young people who went through the vocational and technical training institutes, institutes of technology, national polytechnics and universities that have mounted courses on 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 can see the Senate Leader of Minority is happy and this means that we are doing well. I know Sen. Olekina has been having a lot of issues saying that he is in Government, but I emphasize that he is in the opposition. So, he should be careful on other issues of national importance. I rise to thank and support Sen. Kasanga. I am happy because therehas been an issue to do with foreign contractors. Last week, we were discussing so many issues concerning the racism that workers of African descent in the SGR face, and so I agree that we must protect them. We should adopt “Brand Kenya” because we are outsourcing mega projects and the complaints that we are receiving from SGR is that they do not have technological transfer. So, how can they build the capacity of our local contractors if all the serious government and private projects are outsourced? So, as a country, we are headed for capital flight. The other day, I was watching a documentary on Al Jazeera and they were showing the former spokesperson of Economic Community of West African States (ECOWAS), a consultant from China and a consultant form the United Kingdom (UK). I realized that Africa is headed to “modern day slavery” because of over- reliance on heavy borrowing. The person from Senegal was saying that Senegal has borrowed heavily from China and other big tigers from the east. They have borrowed over 80 trillion. That is why we have the President of China touring Africa. As Africans, we do not like anything with strings attached and the aid that we have been getting from the western countries has strings attached. They want to look at our human rights records, issue index, democracy, the gender rights, equality rights, communal rights, marginal rights and others. It was sad watching that documentary because it seems in Africa, we have totally outsourced all serious projects at the expense of developing our countries. Besides, the people who finance most of the key projects in Africa are people who do not care about human rights. In fact, the other day it surfaced that even our business people who go to China and Japan are subjected to racial discrimination. Madam Temporary Speaker, I agree with Sen. Mutula Kilonzo Jnr., that “Brand Kenya” must take its rightful place. The reason the sugar industry is being destroyed in this country is because of such unethical conduct. The reason why anything that is made in Kenya is being destroyed is because of the public perception that anything foreign is better or superior. This is the reason why we have a problem of foreign contractors. I agree that we have cowboy contractors in this country, but they are genuine. They are tenderpreneurs. It is not an offence in this country to get 10 per cent commission, even as lawyers in our practice we get commission. However, it should not be a precursor to make sure corruption spirals out of control. I can dare all of us today that the phones we use, the clothes we wear and the pens we use most likely are all imported because we suffer from inferiority complex – plain and simple. This is the reason why if I bring a contractor from Kakamega County where Sen. Malalah comes from, you will not trust that person, even if he is a mason or a carpenter with over 50 years experience. However, if you get a Chinese who is a prisoner 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. First, I stand to support Sen. Kasanga because she was putting on in an organized manner, unlike the last time The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Madam Temporary Speaker, I note that I only have a few seconds, but I will try and tackle a few issues. Thank you for giving me this opportunity. I rise to support the Motion by Sen. Kasanga. It is very important that we look at the whole Act in terms of management of the contractors in this country. My approach is very different. We have to amend this Act. The Act is very clear. We have to change the Act so that we create certain classes of jobs to ensure that we do not lock out local contractors. Madam Temporary Speaker, it is imperative that we have an audit of all international contractors. This issue of international contractors is just an issue where we politicians and the elite, team up to find a way to make quick money for nothing. There is something the Chinese call a “finder’s fee”. There is the Exim Bank. I commend the President of this country for stopping any new projects. People used to make money using these projects in such a way that they would become brokers for the Chinese because they know the Chinese have a lot of money. They would form some briefcase companies---

Sen. Olekina, you have a balance of 13 minutes when debate resumes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned to Tuesday, 31stJuly, 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.