(Sen. (Prof.) Kindiki): Hon. Senators, I have three brief communications to make. The first communication regards the breakfast meeting on the County Wards Development Equalization Fund Bill. BREAKFAST MEETING ON THE COUNTY WARDS DEVELOPMENT EQUALIZATION FUND BILL Hon. Senators, there shall be a meeting regarding the above-mentioned Bill. As you know, the County Wards Development Equalization Fund Bill (Senate Bills No.5 of 2018) was introduced in the Senate on 29th March, 2018. The Bill is premised on Article 174 of the Constitution, which sets out the objects of devolution and seeks to establish a County Wards Development Fund. Hon. Senators, the Second Reading of this Bill commenced on 10th May, 2018. However, debate on the Bill was suspended on the instructions of the Senate Business Committee (SBC) in order to allow for more consultations on the Bill. In this regard, a breakfast meeting has been organised for all honourable Senators to deliberate on this Bill with a view to agreeing on the way forward. This meeting will be held tomorrow, Wednesday 1st March, 2018, at the Crown Plaza Hotel, Nairobi at 7.00 a.m. I invite and urge all hon. Senators to attend and participate in the deliberations of this important Bill. I thank you. Hon. Senators, the other two communications that I want to make are regarding visiting students and teachers who have come to visit the Senate this afternoon. 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. Sakaja, Sen. Cherargei and Sen. Mwangi!

Mr. Deputy Speaker, Sir, I wish to---

(Sen. (Prof.) Kindiki): Order, Sen. Mwangi! Order! Resume your seat. When the Speaker says ‘Order!’, it does not mean that you get out of order; it means that you are already out of order. Hon. Senators, if you look at the Order Paper, you will see that we have three Petitions, and I will proceed to read the first two. In the interest of time, because we have a lot to do this afternoon, we will read all the Petitions. The comments on all the three petitions can come later. 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, pursuant to Standing Order 220(1)(a) and 224(2)(b), I hereby report to the Senate that a Petition has been submitted through the Clerk of the Senate by 150 residents of Leleshwa, Gilgil Township in Nakuru County. The Petition relates to the alleged grabbing of public utility and private land in the said area. As you are aware, Article 119(1) of the Constitution states that- “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” The salient issues raised in the said Petition are as follows: (a) THAT, in the year 2000, the then Nakuru County Council carried out the survey and demarcation of approximately 200 plots at Leleshwa, in Gilgil Township, pursuant to the provision of the Physical Planning Act of 1996, which was then in force. (b) THAT, as required under the said law, the subdivision was certified by the then Director of Physical Planning and approved by the Minister for Land as Approved Development Plan No.91. (c) THAT, the plan comprised 90 residential plots of various measurements as well as three parcels of land which were reserved for public utilities, namely a proposed primary school, a proposed secondary school and a proposed nursing home. (d) THAT, following the subdivisions and approval of the development plan, the residential plots were advertised for allocation, and the allocations were done in the year 2004 and 2005. (e) NOTABLY, it was resolved that the parcel of land reserved for a proposed secondary school measuring 4.472 hectares be allocated to the Kenya Police Anti- Stock Theft Unit for the establishment of the Utumishi Girls Secondary School. (f) SUBSEQUENTLY, the Anti-Stock Theft Unit officers invaded and occupied approximately 40 acres of the original parcel of land, including residential plots which had already been allocated to other owners. (g) THAT, various efforts were taken to resolve the standoff until in February 2017, when a stakeholders meeting was convened and a committee was elected to try and resolve the matter. (h) THAT, as a result of political interference from political leaders and officials from the National Land Commission (NLC), who had an interest in the land, the committee was frustrated from freely executing its mandate adequately. (i) SUBSEQUENTLY, a resolution has been forced through the Committee for subdivision of the public utility plots into residential plots and for further subdivision of the initially allocated plots into even smaller plots (j) THAT, efforts by the original allottees to have the grabbing of public utility plots and private Land stopped have not yielded any positive outcome as, according 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, pursuant to Standing Order 220(1)(a) and 224(2)(b), I hereby report to the Senate that a Petition has been submitted through the Clerk of the Senate by Mr. Ahmed Shahame Mwidani, OGW; a resident of Changamwe in Mombasa County, concerning the status of Bomu Hospital in Mombasa County. As you are aware, Article 119(1) of the Constitution states that:- “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” The salient issues raised in the said Petition are as follows- (a) THAT, in the year 1953, the Wachangamwe Community in Mombasa set aside four parcels of land for the establishment of public utilities; namely three primary schools and a health facility. These plots are where the current Bomu Primary School, Mwijabu Primary School, Kwa Hola Primary School and Bomu Hospital respectively are situated; (b) THAT, a parcel of land for construction of a health facility was allocated by the Wachangamwe Community to Mkomani Clinic Society which was then a charitable organization for construction of a hospital. The society did construct a hospital on the said parcel and also had the title to the land registered in its name as a charitable institution. (c) SUBSEQUENTLY, the Mkomani Clinic Society converted the Bomu Hospital into a fully-fledged commercial hospital charging exorbitant fees which the local community could no longer afford. (d) In the year 2013, the matter was referred to the NGO Co-ordination Board which investigated the matter and made its recommendations thereon. Among them, the hospital should offer charitable services, either directly or indirectly by deliberately setting aside part of its surpluses to support those who are unable to pay bills. (e) Since then, the hospital is yet to implement the recommendations of the NGO Co-ordination Board. The residents of Mkomani continue to be denied their right to accessing quality and affordable healthcare. The Petitioner, therefore, prays that the Senate investigates this matter with a view to ensuring that the right of the Wachangamwe Community to access quality and affordable healthcare is guaranteed and that Mkomani Clinic Society, trading as Bomu 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 contribute to the second Petition. The Petition by Mr. Ahmed Shahame Mwindani is well founded. It raises concerns on behalf of the people of Changamwe who are residents of Changamwe Constituency in Mombasa County. Mr. Deputy Speaker, Sir, Mkomani Clinic Society started as a clinic in Mkomani area in Nyali Constituency, Mombasa County. However, they had some problems with the owners of the land. As a result, they were chased away from Mkomani. They thereafter, came to Changamwe. In their usual generosity, the Wachangamwe Community gave them the land that had been reserved for public utility. Initially, they established a clinic which now has been converted into a fully-fledged hospital with a capacity of 100 beds. However, the society has reneged on an agreement between then and the Wachangwe Community at the time of setting up the hospital. Currently, the hospital depends on donor funding. That is why it is also listed as part of an NGO. It is a society that is supposed to help the Wachangamwe people who are within their area of operation. It is, therefore, my humble submission that this Petition is well-founded because it raises some of the historical injustices that the people have suffered in the coast region. With those remarks, I support the Petition.

(Sen. (Prof.) Kindiki): Thank you, Sen. Faki. I see no further requests. Hon. Senators, with regard to the first Petition, pursuant to Standing Order No. 226(1), the petition stands committed to the Standing Committee on Land, Environment and Natural Resources. In terms of Standing Order No.226(2), the Committee is required, not more than 60 days from the time of reading this prayer to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the Senate.

Hon. Senators, similarly, with regard to the second Petition, pursuant to Standing Order No.226(1), the petition stands committed to the Standing Committee on Labour and Social Welfare jointly with the Standing Committee on Health.

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

Thank you, Mr. Deputy Speaker, Sir, for giving me this opportunity. I beg to lay the following Report of a Petition on the Table of the Senate today, Tuesday, 31st July, 2018. Report of Standing Committee on Land, Environment and Natural Resources on a Petition to vary the boundaries of Nyangweta Forest to avail land for the establishment of a sugar complex in South Mugirango Sub-County, Kisii County.

(Sen. (Prof.) Kindiki): Very well. The Standing Orders do not allow comments at this stage. That matter is closed.

Mr. Deputy Speaker, Sir, with your indulgence, may I request that you rule that there is a debate for about 30 minutes, so that we can dispose of this matter in record time.

(Sen. (Prof.) Kindiki): Sen. Ongeri, would you want to say something about the report which you have not seen?

Mr. Deputy Speaker, Sir, I thought that you would, probably, allow the Mover to give the highlights of the report and be able to make comments.

(Prof.) Kindiki): Hon. Senator, that is not provided for in the Standing Orders. However, I can allow the Chairperson, for the sake of Sen. Ongeri of Kisii County and other Senators to say, in less than three minutes, what the petition was about and what the findings are. Ordinarily, the Report by the Committee is supposed to be addressed to the petitioner and only laid in the House but I will allow Sen. Mwangi just three minutes and another two minutes for Prof. Ongeri. We should not spend a lot of time on it. We are going out of our way to accommodate the request by Sen. Ongeri.

Thank you, Mr. Deputy Speaker, Sir. The Petition was basically to vary the boundaries of Nyangweta Forest. It was brought by the Kisii Governor, hon. Ongwae, on behalf of the Kisii 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.

Sen. (Prof.) Kindiki): Order, Senators! Consult quietly. In the meantime, the leaders of political parties and Whips are reminded we have quite a number of items for division. So, I am waiting for the earliest signal so that we can proceed to do division. Proceed, Sen. Mwangi.

Mr. Deputy Speaker, Sir, I was saying the county government needs 120 acres for the purpose of developing a sugar factory. This is supposed to be excised from the 400 hectares of Nyangweta Forest. The county government is also ready to give out to the Ministry of Environment and Forestry 400 acres so that the Ministry can plant trees to ensure that there is forestation in Kisii County. Mr. Deputy Speaker, Sir, we have talked to the Sugar Directorate and it has no problem with the factory being put up in Kisii County. When the factory is put up in Kisii, it will be in tandem with the policy of industrialization. This factory will create employment for the people of Kisii. It will also create a market for the cane farmers in Kisii. Mr. Deputy Speaker, Sir, the Kisii County Government has engaged various stakeholders. They have also done public participation. The wish of the Kisii residents is that this land be availed for the purposes of building the sugar factory. Sugar industry alone cannot be economical as we have seen many sugar factories not performing well at the moment. In Kisii, they also want to develop an ethanol plant and generate electricity. Mr. Deputy Speaker, Sir, as I said, when we talked to the Sugar Directorate, they said they are not opposed to this project. Five of the 13 forest areas have already been gazetted by the Ministry of Environment and Forestry meaning that there are only seven other portions which are supposed to be gazetted. These seven portions have been surrendered to the Ministry of Environment. So, it is the duty of the Ministry of Environment and Forestry to gazette the seven other portions.

Sen. (Prof.) Kindiki: So, what are the recommendations of the Committee?

Mr. Deputy Speaker, Sir, the recommendations of the Committee is that the 120 acres should be availed for the purposes of the construction of the sugar factory.

Sen. (Prof.) Kindiki: Have you consulted all the stakeholders?

Yes, Mr. Deputy Speaker, Sir, we have consulted all the stakeholders. The Kisii County Government is the one that has brought the petition to us. 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. Thank you, Chairperson. Sen. Ongeri, you are the one who asked for this.

Mr. Deputy Speaker, Sir, I made that request under Standing Order No.225 - Comments on Petitions. I accept your indulgence on this debate. I want to thank the Committee on Land, Environment and Natural Resources for having gone into the details of this Report. This Report appeared in the 11th Parliament and because of limitation of time, it never saw the light of the day at the end. The Clerk requested that we get the request renewed and it was renewed. Although we are talking of a forest, it is really a plantation that was done by the Kisii County Government in pursuit of this factory because there is no single manufacturing factory in the entire Kisii County and Nyamira County. This will be the only factory that will help to jumpstart economic growth of that area, and it squarely belongs to the plantation area. Therefore, the county government took a step to provide additional land; various pieces of land which are necessary---

(Sen. (Prof.) Kindiki): Sen. (Prof.) Ongeri, I will give you not more than five minutes.

Thank you, Mr. Deputy Speaker, Sir. The county government took the step to provide other pieces of land, and they are 13 of them. When you aggregate the acreage of those 13 pieces of land, it amounts to about 400 hectares of land, which is equivalent to about 800 to 900 acres of land. The area where we want a factory to be built happens to have a slightly extra acreage. That is why we want the factory to be in South Mugirango, at Nyangweta region. We have already gazetted, under the Forestry Service, 18.7 hectares of land in that forest. The rest of the 48 hectares is what should be available in lieu of giving back to the forestry department. Indeed, six of them have been gazetted and they are available to Kenya Forest Services and so, there is no loss. In fact, if anything, there is an addition. In terms of the forest cover, we will endeavour to do so, because we have already done some tree plantations to an extent which is satisfactory. The county government has set aside more than Kshs10 million so as to be proactive in creating a greater forest than it has been hitherto. I seek your indulgence because Kisii has no factory. This will be the first factory that will bring in sugar protection because it will be free of mercury and many other interesting things. It will be in the interest of Kenyans, because it will be a pure product. It will also create an ethanol plant, which will also help in the industrial chemical production. Thirdly, it will also generate extra megawatts to the national generation of electricity. Therefore, it has a multiplicity of products. The benefits to the local community will be through the services and social corporate responsibility. There will be health centers, schools, roads and infrastructures as well as helping the local people to develop cane. At the moment, the cane that is there over-matures because farmers are subject to the mercy of other surrounding factories, which are located at a distance. Therefore, 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.

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

(Sen. (Prof.) Kindiki): Order, Senators. What is out order, Sen. M. Kajwang'?

Mr. Deputy Speaker, Sir, this House passed a law called the Natural Resources (Classes of Transactions Subject to Ratification) Act, which I remember was sponsored by the then Senate Majority Leader, who is today sitting in the Chair. Is the Committee in order to make a recommendation vide a response to a Petition that the excision should proceed, when that particular Act provides the procedures for such excision? Could the Chairperson confirm to this House that his recommendation is to be done in line with the Act or could he tell us that he has given the people of Kisii a blank cheque to proceed with the excision?

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

Mr. Deputy Speaker, Sir, as a Committee, we did not consider that Act and that is the reason we have brought this Report to the House for debate. 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, Senator. So, you did not consult this law? I want to bring to your attention the fact that there is no provision for debate on petitions. Once the petitioner receives the Report and a copy is laid on the Table of the Senate, that is basically it. But just for my information, did you deliberately avoid looking at the relevant laws and decided to table your Report, so that the other Senators can help you look at the law?

Mr. Deputy Speaker, Sir, just like it was not deliberate for the microphone not to respond, we did not deliberately refuse to look at this Act. We were guided by various laws and nobody brought to our attention the law that Sen. M. Kajwang' is talking about.

(Sen. (Prof.) Kindiki): Very well. Sen. M. Kajwang', do you have anything further than that? He has admitted that they did not look at this law.

Mr. Deputy Speaker, Sir, I wanted to raise that because Article 71 of the Constitution requires us to make that consideration. However, I am informed by my neighbour, Sen. (Prof.) Ongeri, that this particular forest is not gazetted. That particular requirement is for excision or change of boundaries of gazetted forests.

(Sen. (Prof.) Kindiki): That is good information. Hon. Senators, we have to make haste. We need to vote.

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

(Sen. (Prof.) Kindiki): What is it, Sen. Sakaja? You are on a point of order.

Mr. Deputy Speaker, Sir, I rise pursuant to the Second Schedule of the Standing Orders. You have given directions on two Petitions. With regard to the Petition relating to Bomu Hospital in Mombasa, you have committed it to the Committee on Health as well as the Committee on Labour and Social Welfare. If you read through the Second Schedule of our Standing Orders, in terms of the respective mandates of Committees, there is nowhere in that Petition, whether from the body or from the prayers, that the Committee on Labour and Social Welfare that I chair comes in. I think that in relation to the Non-Governmental Organisations (NGO) Co- ordination Board, the correct Committee is likely to be the Senate Committee National Security, Defence and Foreign Relations. Mr. Deputy Speaker, Sir, I wish to urge you to reconsider the committal of that Petition to the appropriate committees as required, so that it can be processed properly. Even as you do that, the thrust of the prayers in that Petition are for the access of quality affordable healthcare which, in my reading and the reading of the Standing Order, is the preserve of the Senate Committee on Health. I posit that the Senate Committee on Health is competent enough to handle that on its own. Joint committees come with their peculiar challenges of quorum hitches and different matters under committees. Ideally, you could just commit it to the Senate Committee on Health. If it has to be joint, then it will be the Senate Committee on Health and the Senate Committee on National Security, Defence and Foreign Relations. 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 think you are raising a valid point, Sen. Sakaja. I know your reference to the Senate Committee on National Security, Defence and Foreign Relations, is because of the NGO Board. Sen. (Dr.) Mbito, is this something that your Committee can handle?

Mr. Deputy Speaker, Sir, I think this is a matter that my Committee can effectively handle. Thank you.

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

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

Mr. Deputy Speaker, Sir, in relation to the Petition from Kisii County---.

(Sen. (Prof.) Kindiki): I am not there yet, Sen. Wetangula.

Mr. Deputy Speaker, Sir, are you coming back to it?

(Sen. (Prof.) Kindiki): We are not yet there. We need to first dispose of the point of order from Sen. Sakaja.

Thank you.

(Sen. (Prof.) Kindiki): I review my own direction and direct that the Senate Committee on Health deals with the Petition on the health facility in Changamwe, Mombasa County. It is so ordered.

Hon. Senators, party leaders and Whips, allow this House to proceed to dispense with Division today. Ideally, therefore, nobody should leave since we are voting in the next few minutes. Secondly, the issue of the Petition from Kisii County does not as such require debate. I will now allow only three Senators a maximum of three minutes each, and no extra time starting with Sen. Wetangula.

Mr. Deputy Speaker, Sir, I have listened very carefully to the Report by the Chair of the Senate Committee on Land, Environment and Natural Resources. Thank you for allowing us to make a comment. The Report begs several questions. What is being excised if there was no gazetted forest? We can only excise a forest that exists and that is dully gazetted as a forest. Secondly, this House will be setting a very dangerous trend in a country that is forest-deficient where our forest cover is less than 5 per cent against the United Nations (UN) recommendation of a minimum of 5per cent. It is also against comparable jurisdictions such as Korea and Japan that are doing 70 per cent. We have no reason whatsoever to excise a forest. This is with the greatest respect to my distinguished colleague, the Senator for Kisii County, who has supported the recommendations. If there is already land which is not a forest, why would a factory not be built on such land instead of excising a forest and then compensating the excised forest with another land? 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. Wetangula. Thank you. I have the following Communications to make.

(Sen. (Prof.) Kindiki): Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon of visiting students and teachers from St. Jacob’s Education Centre School in Uasin Gishu 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.

VISITING DELEGATION FROM SEGERO ADVENTIST PRIMARY SCHOOL IN UASIN GISHU COUNTY Hon. Senators, I would like to acknowledge the presence, in the Speaker’s Gallery this afternoon of visiting students and teachers from Segero Adventist Primary School in Uasin Gishu County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I thank you.

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

(Sen. (Prof.) Kindiki): Order, Senators. We unfortunately have to come to the end of comments on this issue because we need to proceed with voting now. After we do the Divisions, we will come back to Order Nos. 5,6 and 7.

Order, Senators! Order, Sen. Were! Can you, please, whip Members quietly? Order, Sen. Farhiya! Hon. Senators, I have just directed that we will go back to transact orders Nos.5, 6 and 7 on the Order Paper later. With regard to the items that are up for division today, upon consultation with the sponsors of those Bills as well as the deliberations and recommendations of the Senate Business Committee (SBC) earlier today, we will defer a number of them. Therefore, I direct that we defer Order No.11, which is division on the Irrigation Bill (National Assembly Bills No.46 of 2017), and Order No.12 - The Kenya Roads Bill (National Assembly Bills No. 47 of 2017) on the Order Paper. We should, therefore, proceed accordingly.

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

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

(Sen. (Prof.) Kindiki: Order, Sen. Haji! You are not on record; can you switch on the microphone

Mr. Deputy Speaker, Sir, can we vote manually, because we are wasting a lot of time on this system?

(Sen. (Prof.) Kindiki: Very well, your point has been noted. However, let us give it one more minute before we can determine whether we can use other methods of voting.

Thank you, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki: Vote now, Senators; you have one minute to do so. You can vote either Yes, No or Abstention. Assisted voters led by, Sen. Haji, should approach the Clerks-at-the-Table.

(Sen. (Prof.) Kindiki): Order, Senators! Hon. Senators, the results of the Division are as follows:

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

Mr. Deputy Speaker, Sir, I am shocked to hear that abstentions is nil yet I voted an abstention. The equipment was functioning.

(Sen. (Prof.) Kindiki): Can that be relooked at?

Mr. Deputy Speaker, Sir, even the screen was showing one abstention.

(Sen. (Prof.) Kindiki): Let us wait for a report from the tallying centre.

Order, Senators! Sen. Wetangula, it is true. Therefore, I would read the results again.

(Sen. (Prof.) Kindiki): Order, Senators! Hon. Senators, the results of the Division are as follows:

(Sen. (Prof.) Kindiki): Order, Senators! I would like to acknowledge the presence in the Public Gallery this afternoon of visiting students and teachers from Kanyangi Primary School, Kitui 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. Thank you.

What is it, Sen. Wambua? We are under time constraints.

Mr. Deputy Speaker, Sir, if you allow me just one minute to join you in welcoming the students from Kanyangi Primary School into the Chamber. Kanyangi Primary School is in Kitui Rural Constituency in Kitui County. I encourage the students to spend their time in this Chamber to learn and be inspired to become responsible leaders in the future. Thank you, Mr. Deputy Speaker, Sir.

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

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

(Sen. (Prof.) Kindiki): I think we are all here and can proceed. I now put the Question, that The County Statistics Bill (Senate Bill No.9 of 2018) be now read a Second Time. Please, vote now. You have one minute. Assisted voters should approach the Clerks-at-the-Table and record their votes.

(Sen. (Prof.) Kindiki): Order, Senators! I hope that everybody has voted one way or the other. Standing Order 80 (1) requires that you must vote either “Yes” or “No,” or “Abstain.” Standing Order 80 (2) provides that it amounts to disorderly conduct to be present in the Chamber and not vote.

Order, Sen. Khaniri! You have not voted. The record does not indicate your vote. Proceed to the Clerks-at-the-Table as a voter who is unable to vote electronically.

Order, Sen. Omogeni! This is not a swearing in. There are no provisions of escorting a voter. It actually amounts to disorderly conduct. Standing Order 80 (4) says that you are supposed to resume your designated seat, unless you are caused by exigencies like Sen. Khaniri.

Very well. THE COUNTY STATISTICS BILL (SENATE BILLS NO.9 OF 2018)

(Sen. (Prof.) Kindiki): Hon. Senators, the results of the Division are as follows:-

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

(Sen. (Prof.) Kindiki): Hon. Senators, you have one minute to vote.

(Sen. (Prof.) Kindiki): Sen. (Dr.) Milgo, you are in contravention of Standing Order No.80(4) which states that:- “During division, Senators shall maintain order in the Senate and shall be in their designated seats and shall remain seated until the result is announced.”

(Sen. (Prof.) Kindiki): Assisted voters probably led by Sen. Khaniri of Vihiga County may now approach the Clerk’s Table.

(Sen. (Prof.) Kindiki): Let us expedite the process. So far, so good.

(Sen. (Prof.) Kindiki): Hon. Senators, the results of the Division are as follows:-

(Sen. (Prof.) Kindiki): Let us now move on to Order No.13,

(Sen. (Prof.) Kindiki): Let us proceed to vote. We need to make progress.

(Sen. (Prof.) Kindiki): Let us have the assisted voters and please, expedite.

(Sen. (Prof.) Kindiki): Hon. Senators, the results of the Division are as follows:

(Sen. (Prof.) Kindiki): Next Order

(Sen. (Prof.) Kindiki): We have 20 seconds to the end of electronic voting. Please vote now. Assisted voters approach the Clerk’s table. Please expedite.

(Sen. (Prof.) Kindiki): Order, Sen. Malalah! Hon. Senators, the results of the Division are as follows:-

(Sen. (Prof.) Kindiki): Order, Sen. (Prof.) Ongeri and Senate Deputy Majority Leader. I know you are performing official functions but resume your seats for now. Hon. Senators, these are the results of our last Division for today, as I congratulate you:-

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 31st July, 2018. The Traffic (Driving Schools, Driving Instructors and Driving Licenses) Rules, 2018.

Thank you, Mr. Deputy Speaker, Sir. I beg to lay the following Paper on the Table of the Senate today, Tuesday, 31st July, 2018. Report of the 49th Session of the African Caribbean Pacific Parliamentary Assembly (ACPPA) and Inter-Sessional meeting of the ACP-EU Joint Parliamentary Assembly held on 20th to 22nd March, 2018 in Brussels, Belgium.

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 Rev. Murupus Junior Academy School from West Pokot 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. I beg to give notice of the following Motion- AWARE that the Street Families Rehabilitation Trust Fund (SFRTF) was established on 11th March, 2003, by the then Ministry of Local Government to address the concerns of all homeless, destitute and vulnerable persons in urban areas, and was registered as a body Corporate in August, 2010, under the Trustees (perpetual succession) Cap 164, Laws of Kenya; FURTHER AWARE that the mandate of SFRTF includes coordinating rehabilitation activities for street families; conducting public education on street families issues; mobilizing resources and fundraising as well as receiving donations and funding street families rehabilitation programmes; managing donations for the rehabilitation of street families through a trust fund; monitoring expenditure and disbursement of donations; and advising the Government and other relevant agencies on matters relating to rehabilitation of street families; NOTING that Article 43 (1) of the Constitution of Kenya provides for the right to every person to the highest attainable standard of health, accessible and adequate housing, adequate food of acceptable quality, clean and safe water in adequate quantities, education, and social security; CONCERNED that the street family phenomenon has persisted despite the existence of the SFRTF and street families do not enjoy the rights enshrined in the Constitution due to lack of a national policy on the rehabilitation of street families with women and children being the primary victims; COGNIZANT that the Ministry of Devolution and ASAL Areas through the SFRTF supports children and youth through charitable and The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir. I rise to give notice of the following Motion- THAT, in pursuant to Standing Order Nos.183 (212) and (213), the Senate approves the nomination of Sen. Rose Nyamunga, MP, to serve in the Standing Committee on Devolution and Inter-Governmental Relations in place of Sen. James Orengo, EGH, MP.

Thank you, Mr. Speaker, Sir. I beg to move the following Motion---

(Sen. Prof.) Kindiki: Order, Sen. (Prof.) Kamar, you cannot move it at this stage.

Mr. Deputy Chairman, Sir, I give notice.

(Sen. Prof.) Kindiki: Proceed. NOTING OF REPORT OF 49TH SESSION OF THE ACPPA AND INTER-SESSIONAL MEETING OF THE ACP-EU JOINT ASSEMBLY

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion- THAT, this House notes the Report of the 49th Session of the African Caribbean Pacific Parliamentary Assembly (ACPPA) and Inter-Sessional meeting of the ACP-EU Joint Parliamentary Assembly held between 20th and 22nd March, 2018 in Brussels, Belgium, laid on the Table of the House on Tuesday, 31st July, 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): Thank you, Sen. (Prof.) Kamar. Before we go to the Order No.7, I will allow Sen. Dullo to lay a Paper, which ought to have come earlier.

Order! Sen. Dullo, time is precious. Are you ready? If you are not ready and it is not an emergency, it can be done tomorrow. It is so ordered.

(Sen. (Prof.) Kindiki): Order, Sen. Khaniri! It is only you who has to issue a Statement today. In the light of the good progress that the Senators made this day, I will enforce the ten minutes maximum for your Statement. If there is any other Senator who wants to make a comment, it should be within the ten minutes. Proceed as advised, Sen. Khaniri.

Order, Sen. Khaniri! Do not address the Chair from where you are. You are one of the Senators who are very conversant with Standing Orders.

Very well. That item will be in tomorrow’s Order Paper. Next Order!

(Sen. (Prof.) Kindiki): Proceed, Sen. (Dr.) Ali. It is advisable that you use the Dispatch Box when moving a Motion.

Thank you, Mr. Deputy Speaker, Sir. I intent to move a Motion concerning the education sector in Northern Kenya. There have been problems of education---

(Sen. (Prof.) Kindiki): Order, Sen. (Dr.) Ali! Please, move the Motion.

Mr. Deputy Speaker, Sir, I am sorry about that. I did not have the Motion with me. Mr. Deputy Speaker, Sir, 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 stand to support the Motion by Sen. (Dr.) Ali, on the need to review and evaluate the state of education in Northern Kenya. As per Article 43(1)(f), education is a basic right for every person. That is why, when the NARC Government came into place in 2002, they decided that every individual should go to school by introducing capitation for free primary and secondary education. The current Jubilee Government started to enhance this free education in January, 2018, by enhancing the capitation of free primary and secondary education, so as to ensure that all students are brought on board. Northern Kenya is being affected by many issues. First of all, there is the issue of lack of resources that should be supplied by the national Government and the county government, especially when it comes to primary schools where students will later transit to secondary school. In addition to that, teachers are deployed by the TSC, though in the recent case, we realize that there was a lot of insecurity and the non-locals had to be transferred. I am sure that nobody can settle and teach in such a school when their life is in jeopardy. 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 will allow the hon. Senators to take their seats before I can give a Communication from the Chair.

(Sen. (Prof.) Kamar): Hon. Senators, I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from St. Francis Mang’u Girls High School in Kiambu County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. I thank you.

Thank you, Madam Temporary Speaker, for giving me an opportunity to add my voice to this Motion by Sen. (Dr.) Ali. It is clear in the Constitution that education is a social right to every child. It is a very painful reality that Northern Kenya has lagged behind in education for many years. This Motion is timely because performance of schools in this region is not good. As a result, people from there are disadvantaged in job opportunities because of lack of education. If I may be candid, when it comes to performance of children in schools, there are many variables that come into play. Some independent variables will have impact on the dependent variables. In the case of North Eastern, for example, the independent variables come in to play. They have a direct impact on the performance of schools in North Eastern. There is need to investigate thoroughly the cause of independent variables that have a direct impact on the performance. For instance, the issue of insecurity has led to the death of some teachers in that region. In Article 43(e) of the Constitution, everyone has a right to social security. So, the teachers in North Eastern have a right to security. If they are not guaranteed of their security, they will be psychologically affected and not deliver. Having taught in a secondary school and the university, I can confidently say performance cannot be a one man show, but it takes concerted effort. The tripartite relationship of parents, students and teachers is important. We cannot ignore this 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, for this chance. I rise to support this Motion by my colleague and good friend, Sen. (Dr.) Ali. He has narrated to me, in informal sittings, about the challenges that the school going children in North 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. Wetangula.

Thank you, Madam Temporary Speaker. This Motion affects Northern Kenya which cuts across Turkana to Wajir, Garissa, Marsabit and to some extent, some marginal counties like Baringo, Samburu, Isiolo and so on. For a long time in this country, there has been benign neglect of children in the northern part of this country, partly contributed by the prejudice caused by colonialism when the area was rudely referred to as the Northern Frontier District (NFD). Subsequent governments treated the area as hardship and many times, civil servants have been posted to Northern Kenya as a punishment and not a duty to work for the people of this country. That profiling of Northern Kenya has led to incredible injustices committed on the people of this region. People have been denied opportunities and rights to the extent that many people in Northern Kenya have to find their way in the lower parts of Kenya to get opportunities. This is wrong and dangerous because even if we do not go to the Constitution, it is an inalienable human right engraved in the Geneva Convention on children’s, human and everybody’s rights, that education is available to all. It was a Millennium Development Goal (MDG) and it is a Sustainable Development Goal (SDG) under the United Nations (UN) to which we are signatory. Kenya is a signatory to every convention on education and culture under the United Nations Educational, Scientific and Cultural Organisation (UNESCO) and other UN agencies. Madam Temporary Speaker, when this House debates the issue of marginalisation, inequality and neglect of Northern Kenya, we are but only bringing to the fore an issue that all caring and minding governments should be able to deal with. Sen. (Dr.) Ali has very amply articulated the issue. These days, whenever I listen to him, I see how age can mellow people. When we were together in the “Lower House” in the earlier years, he was an immensely noisy debater and could shout at the top of his voice to attract the attention of all and sundry. However, the measured manner in which he has presented his Motion and the feeling that he gives to this House and the country is something that this House must support as a duty.

What is the problem of Northern Kenya? The problems of Northern Kenya are multiple. Some brewed in Northern Kenya while others in and perfected in Nairobi City County. The confusion that there is at the Ministry of Education and the Teachers Service Commission (TSC) has not helped. There is total lack of coherence in terms of policy formulation and execution and complete obliviousness of the needs of the children of this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Will three minutes be enough?

Five minutes.

Okay, you will have five minutes.

The third issue is the issue of inadequacy of staffing. If you go to schools here in Nairobi, you will find teachers piling on teachers and some do not even have duties. When you go to Northern Kenya, you will find schools with classes One to The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for also giving me a chance to add my voice on this important Motion. From the outset, I thank Sen. (Dr.) Ali 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.) Nyamunga): Senator, your time is up!

Madam Temporary Speaker, I request for one more minute.

(Sen.) Nyamunga): Please, give her one more minute.

Madam Temporary Speaker, it is important for our children to believe that they can perform anywhere in this country and in any situation if they have the will to do so. As we debate this Motion, I encourage parents in all schools, including Nairobi County, to talk to their children so that we change their mind. With regard to the issue of teachers’ harassment in one of the schools in North Eastern, I would urge our children to respect all teachers irrespective of where they come from. We should not encourage teachers to continue teaching in areas where their lives are under threat. Thank you, Madam Temporary Speaker.

Thank you, Madam Temporary Speaker, for giving me the opportunity to contribute to this important Motion. I thank my distinguished colleague from Wajir County for bringing it before the Senate. Madam Temporary Speaker, the state of education in Northern Kenya and unlike the wide definition which was given by my colleague from Bungoma, we are specifically talking of regions like Garissa, Wajir, Mandera and, to some extent, Marsabit and Tana River which have the same similarities in this particular situation. First of all, I thank the gallant sons and daughters of Kenya who have contributed to the education of the children of Northern Kenya from time in memorial to today. Many teachers who have taught in those schools came from outside that region. We were taught by teachers who came from as far as the former Nyanza, parts of Eastern, Western and Coast regions. In fact, it is important to recognize the contribution that those sons and daughters of Kenya made to that region. It is not the first time that we are having non- locals teaching in that region. It has been there before, it has worked and succeeded. We have never had a situation where people talked about racism or abuse because of religious or cultural differences. In fact, this is something which is coming up today. It is unfortunate. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Let us reduce the time to 10 minutes, because there are more Members who are interested in the debate. Proceed, Sen. Faki.

Asante Bi. Spika wa Muda, kwa kunipa fursa hii kuchangia Hoja hii kuhusu elimu katika eneo la Kaskazini Mashariki. Kwanza nampa kongole Senata wa Wajir, Sen. (Dr.) Ali, kwa kuleta Hoja hii katika Seneti. Huu ni wakati mwafaka wa kujadili hali ya elimu katika sehemu hiyo. Hali ya elimu katika sehemu ya Kaskazini The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Pareno.

Thank you, Madam Temporary Speaker, for allowing me to contribute to this Motion. I rise to support. It is interesting that we are now debating this Motion about the status of education in Northern Kenya yet we are also processing a Petition. A Joint Committee on Education and the Committee on National Security, Defence and Foreign Relations of the Senate are also tasked to handle a Petition that was brought before this House and referred to the said Committees by this House. There is this Motion and that Petition that is being handled by the Joint Committee. At some point, we will have to check how the two can be merged so that whatever outcome should be reflecting what both the Petition and Motion are talking about. The Petition and the Motion are talking about the same thing. Madam Temporary Speaker, I had a chance to hear from some of these complainants. I also had a chance to read that Petition which has just the same things as what this Motion is talking about. The complaints that we now have is that we do not just have a security situation in Northern Kenya. It is not insecurity alone. I am now wondering who to believe. If you hear the submissions of some of the Members of the Senate, especially from that region, they say the allegations that are being brought forth by the teachers who have caused the transfers that have been done, are not true. However, I personally had a chance to talk one on one with some of these petitioners. In fact, they broke down before the Committee because of what they were narrating. It is in some of these schools – not all of them – because we cannot say that every county in north eastern has the same problem or that the problems are the same in every institution. In some of the named institutions, we were told that there was stoning of teachers. That is a report and Petition we have. In some of the institutions, we were told that a teacher was assaulted and slapped before the wife because they both happened to be teaching in the same school. There is a report that there is discrimination and someone are not allowed to take sick leave. Teachers are also not allowed to take maternity leave. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Kang’ata.

Thank you, Madam Temporary Speaker. I take this opportunity to thank the Mover of this Motion. I rise to support this Motion 100 per cent, reason being that I have always had this notion that north eastern will be the area that is going to assist Kenya to become a developed society for several reasons. First, when it comes to the issue of land as a factor of production, land can only be irrationally exploited where it is in abundance. We do not have any other place where we have land in abundance like the north eastern region. About 70 per cent of land mass in this county is in the northern region. For instance, we have now the so-called the Big Four Agenda. One of the pillars of the Big Four Agenda is the housing problem. If you wanted, for instance, to urbanize - we all know urbanization is one of the key ingredients for a modern society - we can only urge the Government to build more houses and urbanize the entire region of north eastern. This is because people there do not have small titles which hinder the whole idea of bringing people together and urbanizing. Therefore, the northern region is the region that is going to help Kenya move forward. 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 of all, I applaud Sen. (Dr.) Ali for this Motion. I have been looking at the marginalization policy in terms of where Sen. (Dr.) Ali comes from and the picture on page 29 of the marginalization policy shows the whole of North Eastern region as marginalized. Madam Temporary Speaker, what is happening in Wajir and Marsabit counties is further marginalization. We must condemn it in the strongest terms possible. Secondly, we have been accused by people we know that we have been doing things that do not concern us. This is one of those matters that the Senate must distinguish itself by making sure that the people in the North Eastern Frontier are treated like the rest of Kenyans who live in Murang’a, Nairobi, Kiambu and Makueni counties. We will not eliminate discrimination by discriminating further. There are two categories of people in Kenya who are treated as if they are nobodies; first, the teachers of this country. There is no person seated here who has not passed through a teacher. However, teachers are the poorest. There is no person seated here who does not have security. Teachers do not have security. The second category is doctors. The third one is police officers. People who take care of us are mistreated. I plead with this Senate that if the second session, after going to Eldoret is to go to North Eastern, let us go and camp there. All of us must show the world we do not fear the insecurity that people claim is there. Let us show that region is secure. Let us give hope to the children who are there. As Mandela said, education is the greatest engine of personal development. A child of a peasant can become a president. A child of a mine worker can become the head of that mine. We can only do so, through this and I applaud this Motion. Teachers and students must be protected because they are the future of this country. It is not even the oil in Turkana that we are talking about; the future of Kenya lies in making sure that the child in Marsabit, Mandera or any other place, gets the education that is found in 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.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned to Wednesday, 1st August, 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.