(Sen. (Prof.) Kindiki): Hon Senators, I have two communications to make. The first one relates to visiting members and staff from the County Assembly of Murang’a. VISITING DELEGATION FROM MURANG’A COUNTY ASSEMBLY I wish to acknowledge the presence, in the Speaker’s Gallery this afternoon, of visiting Members and staff from the County Assembly of Murang’a. I request each Member of the delegation to stand when called out, so that they may be acknowledged in the Senate tradition. They are- 1. Hon. Lilian Kabaya, Chairperson, Committee on Delegated Legislation; 2, Hon. Dancun Muturi, Member; 3, Hon. Pelagia Maina, Member; 4. Hon. Sospeter Nyoko, Member; 5. Hon. Peter Mweri, Member; 6. Hon. Joel Muhuha, Member; 7. Hon. Ann Kigo, Member; 8. Hon. John Wangeci, Member; 9. Hon. Flacia Chege, Member. They are also accompanied by- 10. Ms. Ruth Kibithe, Legal Officer; 11, Mr. Joel Ngugi, Assistant Hansard Editor; 12. Mr. Francis Kimemia, Clerk Assistant; and, 13. Mr. Joseph Kiragu, Serjeant-at-Arms. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kindiki): Hon. Senators, we have one paper to be laid this afternoon by Sen. Outa. REPORT ON ROLE OF PARLIAMENTARIANS IN POPULATION AND THE 2030 AGENDA FOR SUSTAINABLE DEVELOPMENT

Mr. Deputy Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Thursday, 2nd August, 2018; Report of the Senate Delegation to the Conference on Enhancing the Role of Parliamentarians in the Interlinkage between Population Issues and the 2030 Agenda for Sustainable Development held in New Delhi, India, from 13th to 15th September, 2017.

(Sen. (Prof.) Kindiki): Very well. Next order.

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

Thank you, Mr. Deputy Speaker, Sir. I am anxious over what is coming in the House today. Therefore, if you see me---

(Sen. (Prof.) Kindiki): Order, Senator! Why are you anxious?

Mr. Deputy Speaker, I will be praying for you to have some Solomonic wisdom this afternoon.

(Sen. (Prof.) Kindiki): Your prayers are welcome. Proceed!

Mr. Deputy Speaker, Sir, I beg to give notice of the following Motion- THAT, this House notes the Report of the Senate Delegation to the Conference on Enhancing the Role of Parliamentarians in the Interlinkage between Population Issues and the 2030 Agenda for Sustainable Development, held in New Delhi, India, from 13th to 15th September, 2017, laid on the Table of the House on Thursday, 2nd August, 2018.

(Sen. (Prof.) Kindiki): Next Order! Hon. Senators, we are still under Notices of Motion. The next two notices are by Sen. (Prof.) Margaret Kamar, but I cannot see her in the Chamber. That is it; next order!

(Sen. (Prof.) Kindiki): Hon Senators, I had given direction yesterday that we will stand down statements until I give my ruling on the point of order raised by the Senator for Baringo County, Sen. Moi. However, I will revise that direction; we can proceed on Statements. The ruling will be ready any time from now, but in good time.

Order, Sen. Olekina! You do not have to frown. We are conscious of the urgency and importance of today’s ruling and the business that could not proceed yesterday. However, we are winding up on that and it should be delivered in the next few minutes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Deputy Speaker, Sir, I wish to read the Statement for the week. On Tuesday, 7th August, 2018, the Senate Business Committee (SBC) will meet to schedule the business of the Senate for the week subject to further direction by the SBC. The Senate will on Tuesday, 7th August, 2018, continue with consideration of business that will not be concluded in today’s Order Paper and any other business scheduled by the SBC. On Wednesday, 8th August and Thursday 9th August, 2018, the Senate will consider business that will not be concluded on Tuesday and any other business scheduled by the SBC. The following Bills are at the 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 Irrigation Bill (National Assembly Bills No.46 of 2017) 4) The Kenya Roads Bill ( National Assembly Bills No.47 of 2017) 5) The County Governments (Amendment) Bill (Senate Bills No.13 of 2018) Additionally, the following Bills are due for consideration at the Committee of the Whole: 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 Government 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 Bill No.3 of 2018 6) The Public Participation Bill (Senate Bills No.4 of 2018) 7) The Disaster Risk Management Bill, (Senate Bills No.8 of 2018) 8) The Retirement Benefits Deputy President and Designated State Officers (Amendment) Bill (Senate Bills No.2 of 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. Dullo. That brings us to the end of Order No.7.

Mr. Deputy Speaker, Sir, I beg to move the following Motion- THAT, pursuant to Standing Orders 183, 212 and 213, the Senate approves the nomination of Sen. Rose Nyamunga, MP to serve in the Standing Committee on Devolution and Intergovernmental Relations in place of Sen. James Orengo, EGH, SC, MP. Mr. Deputy Speaker, Sir, this is a fairly straightforward matter because it is a request by our brothers and sisters on the other side. I believe---

(Sen. (Prof.) Kindiki): Order, Sen. Dullo! Who are your brothers and sisters from the other side? Which side is this?

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, it is the Opposition side.

(Sen. (Prof.) Kindiki): Order, Sen. Dullo! In this House, we have the Majority side and the Minority side.

Mr. Deputy Speaker, Sir, if they are not in the Opposition, it is the Minority side. Mr. Deputy Speaker, Sir, this is a fairly straightforward matter because I believe Sen. Rose Nyamunga will serve in the said Committee and she is up to the task. I believe the Committee is really in need of the quorum because the Senate Minority Leader is overwhelmed in terms of responsibilities of the House. Therefore, we should allow Sen. Rose Nyamunga to move to the Devolution and Intergovernmental Committee so that she can provide useful input in that particular Committee. I request Sen. Olekina to second.

Thank you, Mr. Deputy Speaker, Sir. I rise to---

Sen. (Prof.) Kindiki: Order, Senator! Sen. Olekina, now you can second. You do not give yourself the Floor.

Mr. Deputy Speaker, Sir, I rise to second the Motion of the change. I speak highly of Sen. Rose Nyamunga. She is a very competent Senator. I am sure that Committee will do very well with her presence.

(Sen. (Prof.) Kindiki): Hon. Senators, I have a communication to make on the Sixth Edition of the Kenya Inter-counties Sports and Cultural Association (KICOSCA) County Assemblies Sports Association (CASA) games. The Inter-counties Sports and Cultural Association (KICOSCA) and County Assemblies Sports Association (CASA) were established in 2013. These games are a key event in the aspect of building relations among the county assemblies and between the county assemblies and the Senate. The first KICOSCA/CASA games were held in Nairobi City County where the Senate and several counties participated. The second Edition of the games was held in 2014; the third one in 2015; the fourth in 2016 and the fifth in 2017. They were held in Nakuru, Uasin Gishu, Kiambu and Machakos counties, respectively. The Sixth KICOSCA/CASA Games will be held in Kisii County from 12th to 19th August, 2018. Arrangements are at an advanced stage for the participation of the Senate in the games. Team captains have compiled lists of participants for the various sports disciplines and further communication in this regard will be given in due course. 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, let me take this opportunity in addition to your Communication from the Chair to request the distinguished Senators to avail their presence in Kisii County. I can assure you of the availability of all the facilities that we have laid down for you and all the Matokes in Kisii and the beautiful air of the high altitude of Kisii. You will not lack anything. We assure you that you will be able to- --

What about 24/7 economy?

I am not sure about the 24/7 economy, but I am sure of the hospitality of Kisii Community that we will be able to help you run around----

(Sen. (Prof.) Kindiki): Order, hon. Senators. Give Sen. (Prof.) Ongeri time to make his remarks.

Thank you, Mr. Deputy Speaker, Sir. One of the uniqueness of Kisii County is that in the 1964 Vancouver Games, one of our legends, Nyantika Maiyoro, was able to get a bronze medal in the Commonwealth Games. Thereafter, opening the door for the likes of Naftali Temu, Robert Ouko, Hezekiah Nyamao and many other sportsmen and women. In the area of soccer, there were many other young people who came through including the national goalkeeper and also Henry Motego who were in the national team. We will have an opportunity to witness on first hand basis the beauty of Kisii land, the hills of Kisii land and the wonderful stadium built by the Executive. As the Senator from that area and for Nyamira, I welcome you and, please, do not disappoint us.

Sen. (Prof.) Kindiki: So, you have also spoken on behalf of your neighbour, the Senator for Nyamira County. You need to clarify that.

Yes, Mr. Deputy Speaker, Sir. I also, by extension, invite Nyamira County. We are actually one; the Gusii Community.

Sen. (Prof.) Kindiki: Very well. What is it, Sen. Kinyua?

Mr. Deputy Speaker, Sir, I want to talk as the Chairman of the Committee on Devolution and Intergovernmental Relations. Since this is about devolution, I want to encourage my colleagues to attend the games so that at least we can improve the economy. However, I am concerned about what the---

Sen. (Prof.) Kindiki: Hon. Senator, there is nothing economic about it; it is about games.

No. When we go there at least, we will spend money and there will be some economic activity. I am concerned about what the Senator talked about. In every county and the Government, we want to have a 24-hour economy. So, I am worried when he says that he does not want to talk about it. I did not get what he meant. What we are doing like any developing country, we are looking forward for our country as well as our counties to have a 24-hour economy. 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. That is the end of that matter. I see no interest in the debate on the Procedural Motion. So, I will ask the Mover to reply.

Mr. Deputy Speaker, Sir, I wish to reply. I hope the Committee will have requisite quorum now to run its business.

(Sen. (Prof.) Kindiki)

Order No. 16: Motion.

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

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

Thank you, Mr. Deputy Speaker, Sir. The country is waiting for this House to debate the Motion about Solai Dam Tragedy---

(Sen. (Prof.) Kindiki): Order, Sen. Malalah! What is out of order?

Mr. Deputy Speaker, Sir, I was waiting for Order No.8.

(Sen. (Prof.) Kindiki): Order, Sen. Malalah. You are out of order.

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

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

Mr. Deputy Speaker, Sir, we are at a loss. Yesterday, you indicated that you will make a ruling on the tabling of the Report on the Solai Dam Tragedy as the first item after 2.30 p.m. and before order No. 8 on the Order Paper. We notice you are here. Who is doing the ruling?

(Sen. (Prof.) Kindiki): Order, Sen. Sakaja. What did you just say? 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 am saying that we can see that you are here. When you say that the ruling is being done, who is preparing the ruling? If you are to do a ruling and you are here---

(Sen. (Prof.) Kindiki): Watch your words, Sen. Sakaja.

Mr. Deputy Speaker, Sir, I am asking for guidance.

(Sen. (Prof.) Kindiki): Resume your seat, Sen. Sakaja. You are out of order.

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

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

Mr. Deputy Speaker, Sir, in the interest of the country and with a lot of humility, in your guidance, you can give a ruling on the issue of tabling the Report of the Solai Dam Tragedy so that the country can be at peace and listen to what great Senators of this Republic have to say. With your indulgence, we urge that you expeditiously release the ruling so that we can proceed with debate on this important matter and Kenyans do not suspect that there is mischief that is being perpetuated by this House. As a professor of law, you understand what all this entails. Thank you.

(Sen. (Prof.) Kindiki): Order Senators. Well spoken, Sen. Cherargei. I encourage the Senator for Nairobi City County to take tutelage from the Senator for Nandi County.

The Speaker does not preside over a Kangaroo forum. The point made by Sen. Sakaja is the same point made by, Sen. Cherargei but differently. Sen. Sakaja, I will not allow you to perpetuate what you are perpetuating. If you have a point of order, you will be heard. The ruling will be delivered shortly; it is the ruling of the Speaker of the Senate. It is ready. I have read it and made corrections that are being typed. That is my ruling. So, Sen Sakaja you cannot come here - in the full glare of the media - and start saying that you are wondering who is writing the ruling because the Speaker is in the House and he is not writing the ruling.

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

(Sen. (Prof.) Kindiki): What is your point of order, Sen. Sakaja? 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, it will be beneficial to this House and the Chairperson when a Senator contributes, you listen to the end of what they are saying. If you had allowed me to finish what I was asking. I wanted you to confirm what Sen. Malalah had already asked about the ruling; whether it was a typing issue or you had already done it and it was being put together. The insinuation that somebody is making the ruling for you is not, at all, what I meant.

(Sen. (Prof.) Kindiki): Order, Senator. Let that mater rest.

Mr. Deputy Speaker, Sir, we have been waiting anxiously. However, the point by Sen. Sakaja, if I understand it correctly, is that your ruling will have to, again, be read and signed by you. We do not anticipate that we will adjourn, so that you go and sign it. A timeline is important so that we can determine how we will conduct our business. For instance, we need to know whether the next Order will take an hour. Otherwise, the confusion, anticipation and the anxiety in the House is because you told us to come at 2.30 p.m. to give us your ruling. It is important that, that direction is given and we know it correctly. Thank you.

(Sen. (Prof.) Kindiki): Very well. Sen. Mutula Kilonzo Jnr., it is very easy because the Speaker does not have to physically sit here throughout. That is why we have Members of the Chairperson’s Panel. The ruling was expected to be given a little earlier. However, it is not ready by now because it is a bit lengthy and I have had to do quite a bit of homework, so that we dispose of this matter. We are conscious that it is now 3.00 p.m. and it was supposed to be delivered at this time. However, you can be sure that it will be delivered in good time. So, the issue of how we go about it is easy because I will still have to assure myself that the final version is my version and sign it myself. That is why we have facilities, like the Speaker’s consultation room and the Speaker’s Panel, for people who can relieve the Chairperson at any given time for consultations, which include proofreading anything and signing it ahead of reading. I want to assure the House that we shall endeavour to give this ruling before 3.30 p.m. The other procedural issue that I want us to deal with is that, again, in the same vein, we proceed to Order No.16.

What is it, Sen. Olekina?

Mr. Deputy Speaker, Sir, I do not wish to have an argument for you to vary your ruling. However, I am concerned because the people of Nakuru County who were affected by the tragedy in Solai Farm will only get an opportunity to watch this on national television between 2.30 p.m. and 4.30 p.m. My worry is that if your ruling will be lengthy, maybe it will take about an hour. Does that mean that the people will not really get to understand, depending on which way your ruling goes? That is the anxiety that is building among the representatives. Thank you, Mr. Deputy Speaker, Sir. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Mr. Deputy Speaker, Sir, I sense that we are becoming very hyper for reasons which I do not know. You have made a ruling and it is only fair that we give you that time for you to make a good ruling that will satisfy Kenyans.

(Sen. (Prof.) Kindiki): Thank you, Sen. Haji. I think that is the spirit, Sen. Malalah, Sen. Sakaja and Sen. Olekina. We are all interested in this. The same reason I was not able to give a ruling on the spot yesterday is because I wanted us to achieve two things. One, this matter of sub judice is something that we have had to deal with and it does not seem to be going away. So, we need to do it in such a way that, going forward, it will be settled. The Speaker does not need to do a protracted ruling. The second issue is that the Speaker appreciated that this is an important matter and that is why we could not proceed yesterday. Having said that, I do not think there is any cause for alarm. You do not want the Speaker to give a half ruling or one with errors and typos. In a few minutes time, we should be ready. We will proceed with Order No. 16, but with a caveat that, perhaps, the Senators who have not spoken, according to our Standing Orders, will assist us in terms of requesting for adjournment of debate, so that we dispense with Order No.10 first, in case we will not have finished debate on Order No.16 by the time the ruling is ready in the next few minutes. So, on that understanding, Senators, I direct that we go to Order No.16, pending the preparation of the ruling. Clerk, call out the Order or was it called out?

Yes, it was.

(Sen. (Prof.) Kindiki): I see two requests for debate. Proceed, Sen. Mwaura.

Mr. Deputy Speaker, Sir, I was anticipating debate on the Solai Dam Tragedy. Thank you.

(Sen. (Prof.) Kindiki): Sen. Kasanga, had you moved that Motion?

It had been moved, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Was it seconded?

I am Sorry, Mr. Deputy Speaker, Sir. It was not moved; I just gave notice of the Motion. So, I need to move it.

(Sen. (Prof.) Kindiki): In that case, we might want to deal with a Motion which is halfway because once you start moving the Motion, it has to be seconded, and we do not have that time.

Okay, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Order, Senators! Give us one or two minutes. We need to get a win-win situation out of this. 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, last year, the Supreme Court issued a summarised judgement. Now that you have already done the judgement, I wish you could give us the conclusion and give us the details later for our perusal. We can then go on with this matter. We want to know whether or not we will debate the Solai Dam Tragedy issue now. This House and the country are eager to listen to the debate on the Solai Dam Tragedy. I would ask one of the Senators to even move a Motion to adjourn this House, so that you can go and bring the ruling, and then we can resume. We shall not transact anything until we debate the Motion on the Solai Dam Tragedy.

(Sen. (Prof.) Kindiki): Order, Senator! You cannot make that declaration, Sen. Malalah.

Mr. Deputy Speaker, Sir, I can do so because I am the Senate Minority Leader and I am speaking for my coalition. Thank you.

(Sen. (Prof.) Kindiki): Order, Senator! Do not veer from the straight and narrow. It is not in your interest. We shall proceed as follows: The ruling of the Speaker on the Solai Dam tragedy issue will be delivered at 3.30 p.m. In the meantime, we shall proceed with debate or the moving of the Motion in Order No.16 and interrupt or suspend that debate at 3.30 p.m. for that ruling. It is so ordered. Sen. Kasanga, you have the Floor.

Mr. Deputy Speaker, Sir, I beg to move the following Motion- AWARE that the National Transport and Safety Authority (NTSA) is mandated to plan, manage and regulate the road transport system, while ensuring the provision of safe, reliable and efficient road transport services; FURTHER AWARE that motorcycle transport services have been rapidly embraced throughout the country, leading to several challenges including: rise in road accidents involving motorcycle riders, unlawfulness, insecurity and road congestion; COGNIZANT that the National Transport and Safety Authority (Operation of Motorcycles) Regulations that came into force on 1st The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! You may resume you seat for a few minutes.

Hon. Senators, I have a Communication to make. I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from St. Elizabeth Erusui Primary School, Vihiga 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.

Thank you, Madam Temporary Speaker. Allow me to join you in welcoming the young girls from St. Elizabeth Erusui Primary School together with their teachers. The school is not only in Vihiga County, but in Hamisi Constituency which I represented in the National Assembly for four terms. The school is just about three kilometres from my residence. It is one of the best, if not the best boarding primary schools in the entire county as evidenced by the results that they post in the Kenya Certificate of Primary School (KCPE) examinations. Last year, they had a mean score of 291 out of 500. It is a school that I associate with closely. When I was the Member of Parliament, I built them a modern library and renovated some of their classrooms. I wish them a fruitful stay and all the best in their academics. Welcome to Nairobi. 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. Kasanga, you may proceed.

Thank you, Madam Temporary Speaker. Let me also take this opportunity to welcome the students. We are looking forward to having young leaders in the Senate. Please, learn, dream big and follow your dreams. Let nothing stop you from following your dreams. On the issue of boda bodas, we ask counties to also step in and help the riders. The most interesting thing that I once read in a newspaper – I do not remember the specific county where this was happening – about boda boda riders who had been organised into a Savings and Credit Co-operative Organization (SACCO). They have managed to save a little money and even build their own homes. This is just to show that if they are well guided, Kenyans can be extremely organised. There is no reason we should see boda bodas running amok, as if there is no method of regularizing them. As I wind up, I call upon the Senate to pass this Motion, so that we can bring order and sanity into the boda boda sector. I know that it is possible. We also want counties to come in strongly to help in this quest. This will ensure that our counties prosper more economically. Madam Temporary Speaker, I beg to move and call upon Sen. (Dr.) Musuruve to second the Motion.

Madam Temporary Speaker, we were promised to receive the ruling at 3.30 p.m. and now it is time. I would like us to adjourn until we finish the issue of Solai Dam. Madam Temporary Speaker, I beg to move a Motion for Adjournment under Standing Order No.32, that the Senate do now adjourn and suspends transacting any business until we receive the ruling on---

Sen. Malalah, are you making a point of order or you have a Motion to move?

I finished making my point of order and I am now moving---

Then you are out of order because a ruling had been made by the Deputy Speaker that we wait for the ruling.

On a point of order, Madam Temporary Speaker. Pursuant to Standing Order No.1 and many others, you are now the Speaker because you are sitting on the Chair, the same way Sen. (Prof.) Kindiki was sitting because Hon. Lusaka is not there. It is now 3.30 p.m. You can make that ruling right now but we can get the details of the ruling later, just like the Supreme Court ruling was made. They just annulled President Uhuru’s election and said that they would give us reasons in 30 days. Madam Temporary Speaker, from where you are sitting, you have the mandate, wherewithal and authority to give a ruling on this matter, so that we can proceed.

On a point of order, Madam Temporary Speaker. The mood in this House is a reflection of the mood in the country and we cannot continue procrastinating this matter. I request that you provide direction on this matter. If Senators The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I have heard the two points of order but I rule that we proceed with seconding of the Motion as we wait for the Deputy Speaker to come with the ruling. Let us now have Sen. (Dr.) Musuruve.

Madam Temporary Speaker, I thank you for this opportunity to second the Motion. However, I would like to state clearly before everyone else that immediately the ruling comes, I will certainly sit down. I do not mind being interrupted because I understand the mood in the country.

On a point of order, Madam Temporary Speaker. I wish to state that the position of the Speaker is equivalent to the position of a judge of the High Court of Kenya. The moment you issue a ruling or an order, you cannot vary it at will. In law, we know that once an order is issued, it is not issued in vain. The Deputy Speaker who was seated there clearly said that it will be given at 3.30 p.m. What is the meaning of 3.30 p.m.? In computation of time, it means 3.30 p.m. and there is no other meaning. What you are pushing is null and void. Giving an opportunity to the lady Senator to second the Motion is like taking this House for granted. All the Senators here will not listen to anyone.

Sen. (Dr.) Kabaka, I wish to state that the Deputy Speaker who was seated here made a ruling that he was going to deliver the ruling by 3.30 p.m. If the ruling was here, I would have proceeded to read it on his behalf. I do not have a ruling before me and I have subsequently proceeded to make a further ruling, that in view of the circumstances, we proceed with the Motion that was on the Floor of the House as we wait for the ruling. Let us have Sen. (Dr.) Musuruve take the Floor.

Madam Temporary Speaker, thank you very much for this opportunity to second the Motion. I want to state clearly that given the mood around and the mood in the country, I would like to respect what Kenyans want to hear. It will be unfortunate for me to continue and ignore what Kenyans want to hear from this House. We were elected to serve with commitment the people of this nation. I would like to state from the bottom of my heart that I am a selfless leader. I would like to know exactly the ruling of the Senate on this particular matter that Kenyans are really eager to hear. I will proceed with the debate after the ruling has been made.

On a point of order, Madam Temporary Speaker. I understand the mood of the House and the country at large. At the beginning, I insisted that this matter is of national importance. We will not allow cartels to hold this House at ransom. We must stand and provide direction. The people who died in the Solai Dam Tragedy cannot be wished away because their spirits will haunt us forever. This is the time that the Senate must show direction, fairness, equity and transparency in this country. We will not allow the interests of specific people to derail the entire process. 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, for all the reasons which have been stated by my colleagues, I now, under Standing Order No.32, beg to move that the Senate now do adjourn so that we discuss the Solai matter. I request Sen. Sakaja to second.

That is the direction you should have taken a long time ago. All of you were raising points of order but none moved a Motion for Adjournment. I now invite Sen. Sakaja to take the Floor.

Thank you very much, Madam Temporary Speaker, for your kind indulgence. I wish to support the Motion under Standing Order No.32 that the Senate do now adjourn. As the venerable and indefatigable Chairman of the Committee on Justice, Legal Affairs and Human Rights has said, this is a House of rules and precedent. The fact that it was ruled that at 3.30 p.m., the ruling shall be delivered when it is brought to the House, there is nothing else we shall discuss. Further to that, as I support this Motion, because that is the Order that we are on now, even if the Kenya Broadcasting Corporation (KBC) goes off air at 4.00 p.m., we have K24 and Citizen television stations and I know that we have Kenyans who will even follow on Facebook to know what happened in Solai. I thank you.

Order, Senators! I am told the discussion is about adjourning the House. At this point, I will put the question, then you decide what the Senate needs to do in the circumstances.

Order Senators! The ruling is ready. We should not be overly excited when dealing with a grave matter where fellow citizens lost their lives. In the context of hurrying things up, you need to have a demeanor that you appreciate the discussion is about compatriots who lost their lives. It is a solemn occasion. It is not an occasion to show as if there is an excitement. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, I will try to make my ruling as brief as possible because the detailed ruling can be availed later. Hon. Senators, at the sitting of the Senate on 1st August, 2018, Sen. Gideon Moi rose on a point of order seeking the Speaker’s guidance and ruling on grounds that the Solai Dam Tragedy matter was active in court and that to debate the report of the Select Committee on the Solai Dam Tragedy would violate the sub judice rule as set out in Standing Order No.92 of the Senate Standing Orders. Several Senators while responding to the point of order raised by Sen. Moi urged the Speaker to find that the matter is not sub judice because the issues raised are of national importance, that the matter is one of public interest, that the inquiry by the Senate is not on the criminal charges, but on legislative and policy matters. Finally, that the Senate started dealing with this matter long before the Director of Public Prosecutions (DPP) had commenced the investigations and proffering charges. Lastly, that the House is not in anyway seeking to influence the decision of the court. Hon. Senators, the Select Committee on the Solai Dam Tragedy was established by a resolution of the Senate on Tuesday, 5th June, 2018, and the Committee was mandated 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.

I am moving, Mr. Deputy Speaker, Sir.

(Sen. (Prof.) Kindiki): Okay; proceed.

Mr. Deputy Speaker, Sir---

(Sen. (Prof.) Kindiki): I can see several points of order. Is there any Senator on a point of order? What is it, Sen. Outa?

Thank you, Mr. Deputy Speaker, Sir. I have listened to you providing what we call “Solomonic” wisdom, which I know the country has been waiting for. Would I, therefore, be in order to ask Sen. Mutula Kilonzo Jnr. to withdraw the statement where he had declared improper motives on Sen. Moi under Standing Order 93, for the sake of this House?

(Sen. (Prof.) Kindiki): I am Sorry, Sen. Outa; I did not quite get you. What is out of order?

Mr. Deputy Speaker, Sir, I have just listened to you giving direction that we should not impute improper motives on our colleagues. Yesterday, Sen. Mutula Kilonzo Jnr. imputed improper motives by asking the Senator for Baringo County to declare his interest on this matter. After listening to you under Standing Order 93, could I ask Sen. Mutula Kilonzo Jnr. to withdraw, because it was on record?

(Sen. (Prof.) Kindiki): Order, Sen. Mutula Kilonzo Jnr.! Before you say what you want to say, I strongly suggest we do not revisit the matters of yesterday. We have already spent a lot of time on this issue and it is already 4.00 O’clock. Therefore, Sen. Mutula Kilonzo Jnr., you may say what you want to say, but I strongly advice that we abandon further debate around yesterday’s Standing Order. In any case, that is now a matter behind us. Secondly, I made a general remark; it was not just about yesterday, but also going forward.

Mr. Deputy Speaker, Sir, I will take a minute to respond. First, if I understand the Standing Orders correctly, any time a Senator makes 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.) Kindiki): That is true, Sen. Mutula Kilonzo Jnr.

Therefore, Sen. Outa is imagining that it was me that you were referring to. However, you have already made a ruling and, therefore, allow me to proceed.

(Sen. (Prof.) Kindiki): Proceed.

Thank you, Mr. Speaker, Sir. I beg to move:- THAT, this House adopts the Report of the Select Committee on the Solai Dam tragedy, laid on the Table of the House on Thursday, 26th July, 2018. Mr. Speaker, Sir, this report and the probe has given me, as the Chair, very anxious moments to the extent that Members of this Committee were intimidated; they were lobbied on and they received telephone calls, even as late as yesterday. I was worried about the security of my Committee Members. I was also worried that we will not complete this process. However, because God loves the people of Solai, we complied with the Standing Orders and this report was approved by a majority of the Members of the Committee. Mr. Deputy Speaker, Sir, secondly, I was unanimously elected as the Chair of this Committee for reasons that the Senators, who are in this Committee, are best placed to explain but it gave me great pleasure to chair 21 meetings. I am informed reliably that this Committee is the first one that has complied with the timelines given by the House. We are actually ahead of the time that was allocated to us, and I can assure you that we have done a good job. Straight to our mandate; we were given four mandates to holistically investigate and establish the circumstances leading to the tragedy; propose modalities for compensation of the families; ensure that the dam owner makes compensation in regard to destroyed environment, trees, and other vegetation; and propose measures to mitigate such disasters. I will, in my handling of the Report, deal with those issues as they are. Mr. Deputy Speaker, Sir, we have determined with finality that the Solai Dam Tragedy was not an act of God, but an act of man. It was an act of omission and commission. It was deliberate. It was done knowingly and in collusion. It is criminal without hesitation. The documents presented to us by the Ministry of Water and Irrigation, through Water Resource Management Authority (WARMA), in fact, confirm in finality that the owner of Solai Dam--- The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

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

Thank you, Mr. Deputy Speaker, Sir. Sen. Mutula Kilonzo Jnr. has said that the Report was approved by most of the Committee Members. Is it possible to know how many approved and how many did not approve, so that as we listen to the findings, we have that background?

(Sen. (Prof.) Kindiki): I do not think there is anything out of order. There is a procedure of decision making in committees. If that procedure meets the threshold, there is no obligation for those disclosures. Proceed, Sen. Mutula Kilonzo Jnr. You are at liberty, though, to read out those who did whatever.

Mr. Deputy Speaker, Sir, we bothered to get into the history of this matter. At the first instance, this Committee was met with a charade of what appeared to be incompetence. The first report that came to us from the National Construction Authority (NCA) suggested that this was an act of God. The fellow who prepared the report from NCA took photographs with his phone the following day, that is, 10th May, 2018 and bothered to come to the Committee investigating this to confirm that, that was the report of NCA. We, in our usual style, dismissed NCA. I am happy to report that they have done two extra reports that are here. One of the Members will delve into the details of this. What is the finality of what these people have said?

Madam Temporary Speaker, the Solai Dam was built at 1,694 meters above sea level. It had a 30-meter mud wall made of porous material, in this case murram, and was holding at the time of the incident, 300 million litres of water with no spillway. That is confirmed. The Cabinet Secretary, Mr. Chelugui, has confirmed without hesitation that there was no license for a dam in Solai. In documents submitted to the Committee, in what appears to be a cover-up and deliberate omission, the owners of Solai Dam in 2005 to 2018 had sought for a license to have what is referred to as a weir – a 2.5 meter weir to divert 50 cubic meters of water daily and 2,045 cubic meters of water during floods up to December 2018. On what basis did the owners of Solai Dam build a 30-meter wall of a dam, block the Watkins stream, yet knowingly, they applied and were licensed to have what is referred to as a weir? It is our finding that, that is where the problem is. That is where the problem started. It is a problem created by WARMA and the National Environment Management Authority of Kenya (NEMA). It is a problem created in a conspiracy – criminal as it is– by the persons of NEMA. 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.

Shame on him!

Shame on him! What does this have to do with being a governor? None of us was motivated by anything other than the truth. We have a document that is over 1,800 pages. At no point did we deal with the politics of Nakuru County. This gentleman should be told off. We are not interested in their petty wars and politics. Madam Temporary Speaker, on 26th November, 1980 – that is why this Senate must stand firm - hon. Koigi Wamwere raised a point of order in Parliament. What was his concern? That document is on page 1,094. This problem is old. This farm and its owners have been blocking rivers since 1980. Hon. Wamwere raised it, but we ignored it. Forty-eight people are dead; we have 52 orphans and many other people who were buried in Patel’s farm, some of whom have no relatives or could not find them. Are you as Senators going to leave this matter? Is the record going to reflect that you sat here and allowed this impunity to continue? Madam Temporary Speaker, who is Mr. Perry Mansukh? What makes him above the law? Is it the money he has? What is it that makes the County Government of Nakuru come here and has no comment about this dam? They abdicated responsibility by saying: “This is not our business. This is a matter of the national Government.” I wondered: Did the 48 people drop from Nairobi. These 48 people, 52 orphans and their parents voted for that county government, yet it had no report. It is embarrassing. The national Government and its officials shake in their boots when they see Mr. Perry Mansukh. That is why he can send them. He did not even go for the meeting. He has never steeped into Solai to say sorry to anybody, but the national Government officials were happy to distribute Kshs35 million. In fact, if I was to be asked, this money was not distributed but they pocketed the bulk of it. This is where corruption has taken us. It has corrupted our souls, minds, thoughts and eyes. We are blind to everything, but not so for the Committee. I thank the Members of my Committee for standing firm for the truth and the oath they took before this House; to protect the truth and promote the Constitution without fear or favour. This man did self-audits. The concealment is unbelievable. He concealed material facts from the year 2004 that he was building a dam. He opened the stream where the water could come into his farm. The Water Resources Management Authority (WARMA) gave him a permit to do a weir; he did a dam. When they appeared before our Committee, the National Construction Authority (NCA) said: “This is not our jurisdiction.” The National Environment Management Authority (NEMA) said: “This was done before we came into office.” We have now confirmed that all of them have abdicated responsibility. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

What?

That is what is called impunity. These people think that the value of the people of Solai is Kshs100,000 or Ksh200,000. Even if nobody does anything, we have made sure that this Report can be used in an environmental court internationally, not even in Kenya. This is because we saw the pain of the people of Solai. If you look at the list of victims, they are not only Kikuyu; it is a blend of Kikuyu, Kalenjin, Turkana and other tribes. The face of Kenya is in Solai and it should be treated as such. Madam Temporary Speaker, with those few remarks, I beg to move and request my brother, Sen. Sakaja, to Second. Thank you.

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

Thank you, Madam Temporary Speaker, for this opportunity to second the Report of the Ad hoc Committee that was set up to look into the Solai tragedy. 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. Sakaja! I am not interrupting you because you have gone back to the issues of yesterday, on which a ruling has been made that we do not go back to them. Please, take your seat for a minute, because I have a communication to make.

(Sen. (Prof.) Kamar): I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Kitoto Secondary School, Makueni County. In our usual tradition of receiving and welcoming visitors to Parliament, I extend a warm welcome to them. On behalf of the Senate and my own behalf, I wish them a fruitful visit. Thank you.

Sen. Sakaja, you can continue.

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 also want to join you in welcoming the students and to tell them that they are very lucky to have a great Senator in Sen. Mutula Kilonzo Jnr. We wish you all the best in your studies. I know that the young people of this country are the trustees of our country’s posterity. We pray that you will achieve all your dreams once you believe in God and yourselves. Madam Temporary Speaker, 48 out of the more than 200 victims, who were in a place where they considered the safe haven for themselves, their children and families, lost their lives in the most painful manner on the night of 9th May, 2018. We pray that the Lord God Almighty rest their souls in eternal peace. Fifty two children are orphaned and traumatized. Sen. Mutula Kilonzo Jnr. has told us that even a tyre bust in the area of Solai causes shock and trauma. They are dealing with post-traumatic stress disorder. Women have become widows, men have become widowers and their livelihoods have been destroyed. Their lives will never be the same again. The question that has been going through my mind since this tragedy happened is: How do we honour the 48 Kenyans who died and the more than 200 people who have been affected through this tragedy? How else can we do that if not through this work that we are doing; by acknowledging that their lives mattered and were valuable and letting the truth of the circumstances that led to their death come out? How else do we honour them if not by doing all we can do to make sure that no other Kenyan, in the more than 583,000 square kilometres of this land we call Kenya, has do die such a painful death if is avoidable? Sometimes it is just a number and I am sure people have said that we sound like a broken record when we keep saying “48 people.” This Senate has 47 elected Senators and 20 Nominated Senators. If all the elected Senators of this Senate, including the Speaker, were to lose their lives at ago, through an avoidable circumstance, in a week, people will be behind bars and heads would roll. Are we saying that our lives are more valuable than the lives of the people of Solai? Does it mean that we have more right to live than them? Madam Temporary Speaker, when you go into the depth of our deliberations, it is clear that there is a very casual outlook by Government agencies, the county government and parastatals that are supposed to have taken this matter more seriously. This country is crying out for justice. The ordinary Kenyans in this country want to feel that they are as Kenyan as you are and that their lives matter, as much as the life of my child, as well as my life. It is for that reason that this Committee, for the last two months, has undertaken an in-depth inquiry. It is true that the Standing Committee on National Security, Defence and Foreign Relation, where I deputise the very able Senator for Garissa, Sen. Haji, immediately this happened, we went to the site to look at the rescue efforts and understand what we could do. Then, this House, in its wisdom, set up an Ad hoc Committee. However, for the last two months, we have visited the site, called witnesses and the relevant authorities and consulted experts. We have also not only spoken to, but also condoled with the victims of this tragedy. We can report to this House authoritatively, without fear of contradiction and with a clear conscience, that the Solai Dam tragedy was a manmade disaster that was a result of human negligence, criminal 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): You have two last minutes.

Madam Temporary Speaker, I think the timing is wrong. For responding, it is supposed to be 30 minutes.

(Sen. (Prof.) Kamar): No. It is 20 minutes in our Standing Orders. Revise the Standing Orders.

Mr. Deputy Speaker, Sir, I kindly request just for 10 more minutes because the Mover spent less.

(Sen. (Prof.) Kamar): Hon. Members, there is no conversation between the Mover and the Seconder allowed in this House. I am adding you one minute. So, you have three minutes because you still have two Members of your Committee who want to contribute.

Thank you, Madam Temporary Speaker. We will give them the areas that we have not touched on sufficiently. Let me just talk about the laxity of agencies who came to us more than a month after this had happened. They were shocked as if they did not know a dam had collapsed in Solai. The attitude by the National Construction Authority (NCA) officials must end. I know Sen. Kasanga will talk about the NCA. Whenever we asked them a question, they would say that they were not in operation at that time. Are they the NCA or the “National Ongoing Construction Authority”? In fact, their biggest budgetary item is paint because all they do is mark Xs, but do nothing about it. The laxity by those Government officials must be questioned. Action must be taken on the habit of Government officials going round handing out cartels’ money. When the Cabinet Secretary for Interior and Coordination of National Government, Dr. Matiang’i, my good friend who has been known to be diligent and conscientious, came here, he said that he is not aware that money was being dished out yet there were newspaper reports about his officers. That leaves a lot to be desired. The rest of the recommendations in the Report are there for us to see. However, Members of this House should rise to the occasion and support this Report, so that we do our part in making sure impunity ends in Kenya so that we save lives in this country. Even as the restoration of the chief is being proposed, he cannot continue serving there. Finally, Nakuru County Executive, led by the Governor, appeared before us and had no clue what their responsibility was. In the documents presented to us from the Governor, he named only national agencies forgetting that Part 2 of the Fourth Schedule of the Constitution of Kenya talks about county responsibilities, which include enforcement of environmental issues with respect to dams. He forgot that the Environmental Management and Co-ordination Act, (EMCA) provides that each county must set up an Environmental Management Coordination Committee (EMCC) but Nakuru County did not have one. That was neglect of duty. They did not have a clue about what their role is. We have recommended that within the next six months, all governors must set up structures so that they stop shirking of responsibilities that are theirs claiming that 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.) Kamar): Hon. Senators, I will now propose the question.

I will allow two Members of the Committee to give additional information to help us move. Hon. Members, I would like to warn you that the list of Members who would like to participate is very long. I urge you, out of your generosity, to limit your debates to five minutes. You should limit as much as possible because we have a very long list. Proceed, Sen. Kasanga.

Madam Temporary Speaker, I want to start by thanking the Speaker for giving the ruling that has allowed this debate to continue. This issue is dear to those of us who were in that Committee. Indeed, the Senate will be pleased that Members of that Committee did quite a bit of work. We put our hearts into this matter. More importantly, we promised the people of Solai to get to the bottom and the heart of issues surrounding the tragedy. Madam Temporary Speaker, allow me to thank the Chair of the Committee for his very able steering that has led us to this point. Allow me to thank my fellow Committee Members because of their passion in the Committee. Allow me also, to thank the Clerk of the Senate and his team because they also worked very hard. There is a lot that has been said by the two Senators who spoke ahead of me and I am aware that everyone wants to contribute to this Motion. Therefore, I will not take too much time. On a personal note, and I can also say this for the Members who were with us, this journey has taught us a lot. We have learnt how Government agencies work. We have also learnt how Government agencies are supposed to be working. We have learnt how the law should be applied by Government agencies. We have also learnt how we, the citizens, should be applying the law but most importantly we have learnt how Government agencies and the law should be working together for the benefit of Kenyans. It was a shock for us that Government agencies, at least most of those that appeared before us, were so quick to absolve themselves of any liability when it came to this matter yet 48 Kenyans had died. The question that comes to our minds is: When did the rain start beating us? It is still beating us but when will it stop? I believe the essence of this Report brought to this House is in the hope that we will get an overwhelming voting on it is because something has to be done. This country The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

(Sen. (Prof.) Kamar): Thank you. Let us have Sen. Mugo then Sen. Olekina.

Thank you, Madam Temporary Speaker, for the opportunity to contribute to this very sad issue. Let me start by congratulating the Members of the Committee and the Chair for such lovely piece of work. I know it was with a very heavy heart to go through all those issues. However, you have done a very commendable job and with your heart in it. When I heard about this tragedy and having watched the news on television, it looked like a movie. It did not seem like real happenings until one realises it is. It was with great sadness to see children, women, old men and young men try to cling to anything to save their lives, which was extremely sad. It is equally sad to hear that some national and county government agencies, who are supposed to take care of our people during such a time, approached their work with a lukewarm spirit as if they were not dealing with lives. It was the direct responsibility of the National Environment Management Authority (NEMA), the Water Resource Management Authority (WARMA) and the Ministry of Water and Sanitation to see the problem and help the people even before the Senate Committee got there. It is also criminal to note that there was no license for this dam but everything went on as normal. I hear there are other dams and yet we have Government agencies who are supposed to take care of that. It shows that either they do not care about the lives of Kenyans or they are just there. I wonder if they deserve to be in those jobs, because there are many Kenyans who would want to work and give service to other Kenyans. I strongly recommend the adoption of the Report. I also want 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.) Kamar): Thank you, Sen. Mugo. Hon. Senators, I have another Communication to make. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker. I rise to strongly support this Report in its entirety, with the good recommendations as presented by the Chair of the Committee. Madam Temporary Speaker, for those who have had the chance to look at this Report, I can attest that it has shown this Republic and the Senate that it is not business as usual. This was a bold and fearless investigation despite the Chairman’s report that Members of this Committee were under a lot of pressure from external forces up to yesterday, including this morning. I thank this Committee for doing theirwork thoroughly and for producing such a big Report which has all the information and attachments. This is an investigation that exposes so much rot that is happening within our authorities, and it is not a mean task. They must have spent a lot of time and sleepless nights to analyze this Report and come up with the recommendations. I am impressed with the recommendations because in each item, they have indicated what should be done, the person to do it and by what time. I thank this Committee for doing a thorough job and for reporting to this House in a manner that befits Members of Parliament (MPs) 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.) Kamar: Thank you, Senator. The last Member of the Committee to contribute is Sen. Olekina.

Madam Temporary Speaker, none of us alone can save the nation or the world, but each one of us can make a positive difference if we commit ourselves to doing so. Those are the words of a great mind. From the outset, I rise to support that this House adopts the Report of the Select Committee on the Solai Dam Tragedy. I want to thank the Committee for having endured such a rough time while carrying out these investigations and trying to understand what led to the loss of 48 Kenyans. These were children whose parents will never see them. In Maasai we say that they will not go through circumcision and the parents are able to see them. Madam Temporary Speaker, when we took this task, we spent sleepless nights so that we could present to this House a Report that could withstand the test of time. I can tell you that the amount of threats towards the Members is something that I hope this House will use to adopt this Report and use the law to ensure that the people of Solai are compensated. This is an opportunity for this country. As I stand here, I say: “Dear Government, I want to speak to you, but hope that I can find somebody that I can speak to.” Madam Temporary Speaker, I will limit my few minutes on the issue of National Environment Management Authority (NEMA). We received three reports from NEMA none of which was accurate. I can tell you, without any fear of contradiction, that when you see these reports which are here, from page 402, you will see a conspiracy to deny the people of Solai justice. One of the things that shocked me is that when the Cabinet Secretary for Environment and Forestry, my dear brother, Mr. Keriako ole Tobiko, appeared before this Committee, he had not gone through the documents. The Committee was presented with documents which could not be used; documents marked clearly without prejudice. That was very sad. We pointed out those issues because this had to do with the issue of a restoration order that NEMA purportedly issued out for the Solai area to be restored. They did so completely disregarding the Act, which is very clear. If you look at Section 108 and 109 of the Act, the words used are: “The Authority may issue.” However, upon issuing it, it becomes “shall.” This restoration order talks about everything that shall be done and this forms the basis of our recommendation. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

You have two more minutes.

Madam Temporary Speaker, for him to conspire with the Chief, a Deputy County Commissioner and a Commissioner to pay those people what he considered as pole --- You should have seen that gentleman when he sat here. He said he cares so much about the people of Solai. When he was asked whether he has ever gone there to say pole to them, he said he has lived with them and he was waiting for a Committee to tell him to go. Shame on you! This matter is so painful and it is sad. When you look at the recommendation that we have given, I hope that the Director of Public Prosecution (DPP) will follow up and see the work that has been done by men and women integrity. They believe in two initials PI which stands for Preserving Integrity for the future of this nation. He will get to the bottom line of this. We can no longer protect anyone in this country. We have to give the 52 orphans of Solai a chance to live an adult life like we are living. Madam Temporary Speaker, finally, as I sit, we have made several recommendations. There is one which I want to emphasize on. It is imperative that complaints commissions or committees which are established under the Environmental Management and Co-ordination Act are devolved so that the people of Solai can report locally on any dangers or anything that can affect them. It is also important for this House to look at this Act and ensure that it is implemented to the letter as Sen. Sakaja and my very good able Chair, Sen. Mutula Kilonzo Jnr. said. Laws are there, but they are not implemented. The restoration order is clear. I urge this House to adopt this Report and push for this Act to be fully adhered to, so that the people of Solai can live a better life. They must be given a life. You cannot compensate me with Kshs50,000 after you have destroyed my livelihood. Shame on you! I hope this Report will go down in history as a Report that addressed the plight of Solai people. As I sit, this House will be remembered in the history as a House that fought for liberty of the poor people in this country.

Hon. Senators, I have a Communication to make on visiting students and teachers from Kimwani Secondary School, Nandi County. I would like to acknowledge the presence, in the Public Gallery this afternoon, of visiting students and teachers from Kimwani Secondary School, Nandi County. In our usual tradition or 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.

Madam Temporary Speaker, when you look at the history human rights, there is one thing that is very consistent. Owners of capital have for long derided the crusaders for a true, equal and just society. Summarize the decision in the statement that “human rights are virtue and cooperate rights are real.” It means that the pursuit for private profiteering is more important than any other right, including the right to life. “Mr. Speaker,” this is what is being demonstrated by this gentleman.

Order, Sen. Mwaura! You keep referring to me as “Mr. Speaker”.

Sorry, Madam Temporary Speaker. I stand corrected. I think it is being used. Madam Temporary Speaker, Sen. Judith Pareno. This is what we are seeing with regards to this gentleman called Mr. Mansukh. There is also a very telling connivance and the very essence of impunity in our country where we are seeing Government officials at the very slightest provocation are willing to be compromised with very little amounts of money. You cannot tell me that Kshs35 million is equal to the 48 lives of the people of Solai. Madam Temporary Speaker, when I listen to the description that has been given by Sen. Kasanga that this water travelled over three kilometres, it is inconceivable that one would want to imagine that some people would sit and we are left to wait for “ Godot .” That it is an act of God. That is what Sen Kasanga has said that when development has failed, it is because of coordination failure. Yet we have legislation in place. The Environmental Management and Coordination Act was passed in the Eleventh Parliament. I remember participating very robustly. However, when there is corruption, it means even if we have a law, we will be adding another layer of people who will be seeking rent. It is not enough to have laws because we cannot legislate against character. I would want to stand with the recommendations of the Committee that the officers who acted negligently and even tried to mislead this House should be investigated. This is a crime and they need to be prosecuted. We cannot have a situation where officers at the ground hide under big names. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

You just made a statement that you might not want to reflect on if it is what I understood it to be. You have said that you first accepted some money then you had to send it back. For purposes of proper recording, you must put the record straight.

Madam Temporary Speaker, it is true, the money was sent to me. They do that. They cajole people. It was in the presence of some Senators who I will not 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, Madam Temporary Speaker.

What is your point of order Sen. Sakaja?

Thank you, Madam Temporary Speaker. I know that Sen. Mwaura has resumed his seat but this Senate is very fortunate to have him. We have rules in our Standing Orders about dressing and most times, those rules are used when people have contravened them. However, is it in order for me to note how extremely well dressed Sen. Mwaura is today?

Instead of using the negative connotation of the rules, he is really dressed in a splendour fashion and it is better than the numerous colours that he always has. He is on point today.

Sen. Sakaja, I thought that there was something out of order but you are just talking about things that are within order, so, you are out of order on 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.

Thank you, Madam Temporary Speaker. I also take note that Sen. Mwaura is sharply and impeccably dressed today. I have heard what he has said and I am happy that he supports the course for justice. From the onset, I want to thank the Committee led by one of the corner stone or pillars of the Committee that I Chair, the Committee on Justice, Legal Affairs and Human Rights, that is Senator 017, Sen. Mutula Kilonzo Jnr. I would also like to thank Sen. Sakaja, the “Super Senator”. I know that they were somewhere yesterday, where we were told that Sen. Mutula Kilonzo Jnr., is the ‘great’ Senator and Sen. Sakaja is the ‘super’ Senator. I would also like to thank Sen. Olekina, Sen. Kasanga and Sen. (Prof.) Ekal, the professor of Chemistry. We want to thank them for standing with this House. One of the great minds of our times says that it does not need a million people to stand for the truth. It only needs one man who is convicted. Being the Chairperson of the Committee on Justice, Legal Affairs and Human Rights, we will ensure that the recommendations are fully implemented, including the full stop. When I read this story, the Report of the Committee looks fictional. It is like a movie but it is shocking that Kenyans have been treated to a circus and drama that has plagued their lives. It is sad that corruption has eaten into our thinking, soul, imaginations, dreams and actions simply because when this tragedy occurred, someone had the audacity to give people Kshs35 million for them to sign an indemnity form for him not to be charged. Shame on him! It is very sad. Where I come from, Nandi County, you do not take blood money. It is like dancing on the graves of those people and their spirits and blood will haunt them forever. I thank God that I am in this Senate that will right the wrongs that these people have always endured as from 1980. I have read the laws that govern the use of water under the Water Act and it is very sad that Kenya’s Water Resources Management Authority (WARMA) slept on their job. I thought that the person that we should fear the most is an outright dictator as it happens in other countries. I am told that when some of the officers, including those from the County Government of Nakuru see Mr. “Mashur Pashakur Patel,” they shake in their boots. I suspect, will all due respect, that they even urinate on themselves.

Order! He is not Mr. “Mashakur,” but Mr. Perry Mansukh.

Madam Temporary Speaker, I stand guided. He is called Mr. Patel. I am told that even the courts in that area fear him. That is very shocking! Madam Temporary Speaker, I want to highlight a few issues that I have seen in this Report. The County Government of Nakuru failed. We are not doing politics, we are not interested and we do not care who becomes governor there in the year 2022. We have our own politics where we come from that we can concentrate on. However, the outright ignorance and lack of diligence by the County Government of Nakuru is very sad, to say the least. They do not know the role of the county governments as per the Fourth The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Senator, when the blood sugar levels go up, then you might have to rest.

Madam Temporary Speaker, I will control it. I am the person who will be tasked with proceeding from where the Committee will stop. Therefore, the WARMA must be held liable for criminal negligence. I urge the Director of Public Prosecutions, Mr. Noordin Haji –who said that he will go hunting for both the small fish, the big fish as well as the whales –that he must do so on this one too. We want to know whether he means his words, because when interviewed by some of the media, he asked why we go for small fish and big fish when we can go whaling. Let us do the whaling 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.

Shame!

Finally, Madam Temporary Speaker, I want to pledge that, as a Committee, we will follow up to the letter to ensure full implementation of the recommendations. I call upon the agencies and our President – whom we love so dearly-- - I am one of the ardent supporters of the President, together with the former Chairman of The National Alliance (TNA) party, who is also the “Super Senator.” I can also see Sen. Olekina and Sen. Mutula Kilonzo Jnr.; we welcomed the Wiper Party just the other day. Therefore, should any recommendations on this issue come to the President, I beg you, Mr. President, that you kindly implement them fully and to the letter, including the full stop at the end, so that it can be a lesson to many other people. If we allow Mr. Patel to get away with it, why will we not allow our “road to Shanghai,” the Chinese, to mistreat us? If we will be punishing the Chinese for racism or for exploitation of labour and then allow Mr. Patel to go scot free, what will prevent other people from coming to this country and do as they wish? I, therefore, call upon the President and the agencies that will be tasked in implementing the recommendations, including Mr. Noordin Haji, that they must take their place in history. Madam Temporary Speaker, as I go to sit down, I am happy because when the history of this country will be written, I will have a special place because it will be shown that I supported justice, legal redress, liberty and full compensation for these individuals. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Order, Senator! Your time is up and you are politicking.

Madam Temporary Speaker, I am finalising my contribution. The best gift that we can give to the people of Solai and many others who have undergone through this kind of a tragedy, is to ensure the full implementation of this Report. Madam Temporary Speaker, I beg to support.

Proceed, Sen. (Dr.) Milgo.

Thank you, Madam Temporary Speaker, for also giving me a chance to add my voice to this debate. I thank this great Committee for a job well done. From what we have heard, Members of this Committee put their lives on the line for the sake of the people of Solai. Thank you very much.

In fact, in front of me is a very voluminous “book” that was done out of this great investigation. Madam Temporary Speaker, as I look at this Report, I still mourn the 48 people who perished as a result of this tragedy. I also sympathize with the 52 orphans who do not have their parents today; we do not even know whether they have food and shelter right now. This Report will go down in the record books of history that in the Twelfth Parliament, the Senate stood up for the great people of Solai. Madam Temporary Speaker, the Solai Dam has given the people of that region psychological and physical torture. From the outset, I aver that you do not need to attend any school of law to realise that this Mr. Perry Mansukh has been operating an illegal company without any registration. This is especially so after learning that nobody was allowed to enter into that farm. As my colleagues have said, I also do not know whether this is a demigod, god or goddess. Whoever he is, we ought to condemn this man in the strongest terms possible for the harm that he has done to the people of Solai. Madam Temporary Speaker, any company of this magnitude has to do what we call Corporate Social Responsibility (CSR). This includes taking care of the people The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Madam Temporary Speaker, for giving me an opportunity to add my voice to this very important matter of national concern. We, as Senate, are very concerned about the welfare of our people. That is why we wanted to adjourn until the Chair made a ruling. I want to thank the Speaker’s Panel for coming up with the Considered Ruling. The nation should know that the select Committee that was led by Sen. Mutula Kilonzo Jnr. did a commendable job. They did not allow themselves to be compromised in any way. The Committee was impartial and objective. Indeed, it wanted the nation to know what exactly happened in Solai. Madam Temporary Speaker, the recommendations of the Committee are authentic. They went to the ground and got data that is verifiable. This data cannot be challenged and that it will stand the test of time. It is for this reason that the findings of the Committee should not just go down unnoticed. They must reach the highest authority. They must be acted upon by the President. When lives are lost because of manmade disasters, it is truly hurting. It came out so clearly that Mr. Perry Mansukh deliberately diverted the water because he is an entrepreneur who was benefiting from it. It was very unfortunate that many people lost their lives. He knew very well that after diverting the water he would still use it to mint money from people. Mr. Mansukh is not a genuine person. He was just being cunning. Kenyans want to know the content of this Report. We, as the Senate, need to go on record that we are concerned about what is happening. The Chairperson recommends here that there is need for an environmental audit. I support him. We should not involve WARMA in this audit because they are an interested party. We need an impartial body to do so.

Order, Senator---

I think you are unfair; the time is too brief for me.

Order, Senator. Kindly resume your seat. Sen. (Dr.) Musuruve, you will have a balance of five minutes when the debate on this Motion resumes.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned to Tuesday, 7th 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.