Hon. Senators, I wish to report to the Senate that, pursuant to Standing Order 41 (3) and (4), I have received the following message from the Speaker of the National Assembly regarding the appointment of a member into the Parliamentary Service Commission: “THAT, pursuant to the provisions of Article 127(2)(d) of the Constitution, by a resolution passed on Wednesday, August 1, 2018, the National Assembly appointed the hon. Samuel Kiprono Chepkong’a as a Member of the Parliamentary Service Commission; NOW THEREFORE, in accordance with the said provisions of the Standing Orders, I hereby convey the aforementioned resolution of the National Assembly and invite the Senate to also consider the said person for appointment to the Parliamentary Service Commission.” Hon. Senators, Pursuant to Standing Order 41 (6), when the Speaker reports a message from the National Assembly under paragraph (4) or (5), the message shall be deemed to have been laid before the Senate and the Speaker may- a) direct that the message be dealt with forthwith; b) appoint a day for the consideration of the message; or c) refer the message to the relevant Committee of the Senate for consideration. Hon. Senators, I now, therefore, refer the Message to the Standing Committee on Labour and Social Welfare for consideration, together with the Report on the appointment of non-Member to the Parliamentary Service Commission that was tabled in the Senate on Thursday, 1st August, 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.

Hon. Senators, I hereby report that a Petition has been submitted through the Office of the Clerk of the Senate by Mr. David Muigai Ng’ang’a. As you are aware, under Article 119(1), the Constitution states- “Every person has a right to petition Parliament to consider any matter within its authority, including to enact, amend or repeal any legislation.” Hon. Senators, the salient issues raised on the Petition are- (1) THAT, in September 2011, the Petitioner negotiated for and purchased a 5- acre parcel of land, namely Plot No. KJD/KAJIADO/KAPUTIEI NORTH/28126, for the sum of Kshs1,750,000. (2) THAT, all the legal formalities for the transfer were completed, and the title deed for the said parcel of land issued thereon in his wife’s name. The petitioner thereafter proceeded to affix steel pipe poles at the four corners of the said parcel, duly demarcating its boundaries; (3) THAT, early this year, the petitioner visited the property with the intention of developing the same, only to find, to his surprise, that the poles had been affixed, as well as the beacons to the parcel of land, were no longer in place. The petitioner approached the neighbour to the property who stated that the whole property, including the one in question belonged to the family, and the family had never subdivided nor sold it. (4) THAT, thereafter, the petitioner sought the assistance of the Chief Land Registrar at Ardhi House, the Director of Surveys, the District Surveyor in Kajiado, the Senior Land Registrar and various other offices, both at the county and national level, to have the matter resolved. All these offices have not been able to resolve the matter. 1) The petitioner prays that the Senate urgently investigates this matter with a view to having his right to property upheld and guaranteed in the Constitution and for assistance to having ownership of the said parcel of land reinstated to him. Hon. Senators, pursuant to Standing Order 225, I shall now allow comments, observations or clarifications in relation to the Petition for not more than 30 minutes.

Mr. Speaker, Sir, thank you very much for giving me an opportunity to add my thoughts to this Petition. The petitioner is justified to bring his petition here. This is because the issues of land deals gone sour are rampant in this country. There are many people who spend a lot of money to buy parcels of land, some The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I have been concerned for the last 10 minutes after that Petition was read. I am concerned because of the threshold that we have used as the Senate for admitting petitions. We are now dealing with a private transaction. My office has about 1,000 of them. The Senate has admitted one. That precedent is wrong, in my view. If we get into private ownership transactions, we will turn ourselves into a court of law or village elders. This is a matter we should not get ourselves into. The Senate should deal with public matters where we do not have interest or where we are not going to pass judgement on personal matters of people where they have done transactions.

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

Mr. Speaker, Sir, I would also like to register my concern alongside that of Sen. Mutula Kilonzo Jnr. that when this Petition was read, I was discussing with a fellow colleague while Sen. (Dr.) Musuruve was making her contribution, that time has come for us as the Senate to set the threshold of what passes to be a petition worth being brought before this House. Basic knowledge should be able to inform us that it must be a matter of extreme public interest, for example, one that affects a county because that is our primary duty. Otherwise, we will be adjudicating ourselves roles that we do not have in the first place. The simple question that I have is: What will the Committee conclude? What will they say? Where will they take the person who has deprived Mr. Ng’ang’a off his land? It does not make sense. I oppose this Petition.

Mr. Speaker, Sir, from the onset, I rise to oppose this Petition on the following reasons: One, even though the Constitution gives every Kenyan a right to petition Prliament, there are certain things that can be dealt with by courts of law. If we limit ourselves to looking at individual transactions where somebody was probably duped by a broker to buy a parcel of land that belongs to a Maasai and the community does not even realise that the parcel of land was sold, we will not be able to do the work that the Constitution mandates us to do in terms of making legislation. Mr. Speaker, Sir, Article 40 of the Constitution protects the right to property. However, Kenyans ought to know that there is a provision in same Constitution that does not protect any property that could have been acquired illegally. This petitioner ought to have followed the due process of the law and filed his Petition in the Lands Court, which is very active nowadays. Let me congratulate the Judiciary for having expedited many land cases in this country. Mr. Speaker, Sir, it is also important for this House to look at Article 119 of the Constitution which gives the person a right to petition this Parliament. We need to come up with legislation on what should be accepted as petition. All these land transactions and what is happening in the Mau Forest are as result of corruption. Many people in the Mau Forest might have been duped to buy Government land. Therefore, instead of us wasting a lot of time on issues that can be dealt with by either a group of elders in the village, the court or the Ministry of Lands, let us focus our efforts on the Mau Forest issue which affecting hundreds of thousands of people who live in this country and beyond. Mr. Speaker, Sir, I oppose this Petition. I think you should do what your brother in the “Lower” House did, put it where it belongs. That is the dustbin. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, as I listened to that Petition being read out, I had those thoughts about whether it is well positioned within the Senate. The answer is ‘yes’ and ‘no,’ partly. As much as these issues are significant to this particular individual, they also affect many other people. Therefore, there is a problem in the Ministry, board level or policy. Every other day, we find people buying land without involving all members of the family. If a man has three wives and their children might consent to that land being sold, then much later on, another son might appear on board to complain that he was not involved in the transaction. Some sort of mechanism has to be put into place to ensure that if family members are meant to consent to that sale wholesomely, then each member should be involved. I have a feeling that this is a trick that the family used. It is the oldest and easiest trick to use in the book. All you have to do is to come later on and reclaim the land and say that you did not know initially that all members had actually given consent. Philosophically speaking, you may not be able to get all the members on board. To me, this is a problem that is indicative of a particular ill. We might not want to contextualize this Petition as a Petition of the Senate, but we might want to give an agenda to the relevant committee to look into these issues. Mr. Speaker, Sir, now Kenya is opening up and people are buying land in Kitengela, Malindi and Kajiado. So, this problem will recur over and over again. By this petitioner bringing this Petition to the Senate, he has faith in us. He did not take it to the National Assembly; he brought it to the Senate because he felt that some sort of justice would be dispensed. Yes, it is from an individual. However, from a macro-perspective, it is an issue that affects many other Kenyans who might not be able to bring up this problem. We might not want to take individual petitions and specific cases. However, we need to look at the broader picture and ask ourselves whether these issues have been well consolidated within the context of the wards and counties. This will ensure that when parcels of land are properly sold and paid for, such a situation would not arise. As much as the petitioner is very specific and has recourse to other organizations or boards that might help him, he has raised critical issues that are dear to many Kenyans. Mr. Speaker, Sir, through this Petition, we are coming across important issues that affect many Kenyans. If we are talking about development, this will be done through infrastructure and agriculture. Many Kenyans who are unemployed and they are practicing agriculture. They are buying land for agricultural activities. This person, probably, had a dream to achieve, but now may not achieve it. I do not know what decisions we will make and how we will handle it. However, there is a way that we can refer this issue to the Committee so that they can look at it from a macro-perspective and analyze what problems might be happening. This gives us a chance to call in the officials from the Ministry of Lands to have a look at the issues that are coming up which need to be dealt with because the confidence of Kenyans is being lost. People want to invest, but they are not sure where to invest. You do due diligence, but later realize you have not done due diligence. You sell your land today and then somebody comes and tells you that that land had not been sold. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for the opportunity. I just walked in when Sen. Cheruiyot was on the Floor and, therefore, I do not have the privilege to have listened to the prayers in the Petition. I do not know the merits or the demerits. Therefore, I will not speak to the contents of the Petition. Mr. Speaker, Sir, I want to speak to the procedure because I heard Sen. Ledama and Sen. Cheruiyot asking you to disregard this Petition. I want to differ with them because the Constitution of Kenya is very explicit that any Kenyan is free to Petition any House of Parliament. Therefore, this particular Kenyan who petitioned the Senate was just exercising his democratic right as provided for in the Constitution. Mr. Speaker, Sir, further to that, our Standing Orders are also very explicit on how we deal with a Petition that is validly presented to this House. I want to believe that this Petition, whether it has merits or demerits, is validly presented to this House. Therefore, we must follow the procedures as provided for in the Standing Orders in disposing of this particular Petition. Standing Order No.226(1) says that every Petition presented or reported pursuant to this part shall stand committed to the relevant standing Committee. We cannot run away from that. The Petition is already presented here and validly so. Therefore, it must be committed to the relevant committee, notwithstanding the merits or demerits of the Petition. Mr. Speaker, Sir, yes, I see the point being raised by Sen. Olekina and Sen. Cheruiyot. Sen. Olekina says that we should throw the Petition to the trash; we cannot do that. Let us just deal with it the way it is supposed to be dealt with. However, going forward, that is where we must find a remedy. These petitions must be vetted before they are presented to the House. Once it is presented to the House, then we have no choice, but deal with it regardless how skewed it may be. Going forward, we must have a mechanism to vet these petitions before they are presented to the House. I, therefore, want to urge you to follow our Standing Orders and commit this Petition to the relevant Committee. Let it deal with the Petition.

Hon. Senators, pursuant to Standing Order 226(1), the Petition stands committed to the Standing Committee on Lands, Environment and Natural Resources. I hope the Committee will take note of the issues raised by hon. Senators as they address the issue. So, in terms of Standing Order No. 226(2), the Committee is required in not more than 60 days from the time of reading the prayer to respond to the petitioner by way of a report addressed to the petitioner and laid on the Table of the Senate. 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.

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the House of the Senate today, Tuesday, 7th August, 2018:- Report of the Standing Committee on Finance and Budget on the Salaries and Remuneration Commission (Amendment) Bill (Senate Bills No.12 of 2018).

Mr. Speaker, Sir, I beg to lay the following Paper on the Table of the Senate today, Tuesday, 7th August, 2018:- The 2nd Report of the Procedure and Rules Committee on the Review of the Standing Orders laid on the Table of the House on Tuesday, 7th August, 2018.

Next Order. The Clerk-at-the-Table: Order No. 6; Notice of Motion.

Mr. Speaker, Sir, I thought the debate on Solai was supposed to proceed.

Give a notice of Motion.

Mr. Speaker, Sir, I beg to move:- THAT, AWARE, that the Senate passed a Motion on “Review of Policy and Legislative Framework on the Fight Against Corruption” by Sen. Dr. Isaac Mwaura on 31st May, 2018 and referred to the Senate Standing Committee on Justice, Legal Affairs and Human Rights for consideration; APPRECIATING, that the duration accorded to the Committee to consider the Motion is due to lapse on 31st July, 2018; REGRETTING, that due to the heavy workload and sheer magnitude of the assignment, the Committee is yet to conclude its deliberations and table its Report in the House and requires more time to conduct a further and thorough inquiry into the matter; 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. Speaker, Sir. I am very curious, maybe you can direct us. My good friend, the Chairman, is moving his Motion from this side of the House. We actually do not mind adopting him from this side of the House because he is a good gentleman and a good lawyer. However, is it right, under the Standing Orders and is it plausible that a Member can move a Motion from either side of the House? That is something that is very curious under the Standing Orders, otherwise, then Sen. Orengo should be on whichever side he feels like being, any day of the week.

Proceed, Sen. Haji.

It is Sen. Sakaja.

Okay, proceed, Sen. Sakaja. Are you using Sen. Haji’s card?

Mr. Speaker, Sir, I deputise Sen. Haji in the Standing Committee on National Security, Defence and Foreign Relations. It seems as if the system is reading based on the place, and not on the card, because I have inserted my card. Mr. Speaker, Sir, the point of order raised by Sen. Mutula Kilonzo Jnr. is very interesting, because he is a Member of the Standing Committee on Justice, Legal Affairs and Human Rights. This is a matter on which you need to give us direction. Despite the fact that provisions might be in the Standing Orders, we are in a new dispensation since the promulgation of the new Constitution in 2010. We no longer have an Opposition in Parliament; all we have are the Majority and Minority sides. This is not because of the handshake, but because of the constitutional dispensation. Mr. Speaker, Sir, apart from the leadership of the House, who have specific designated places – not by operation of the Standing Orders, but for the convenience of the House – I would suggest that every other Member be allowed to sit freely. I think there is free sitting in the House; it is just that it has become customary that the Majority side sits on this side and the Minority side sits on that other side. However, there is no such provision. Mr. Speaker, Sir, I can see Sen. Khaniri, who is the connoisseur of Standing Orders in this House, looking at the Standing Orders. There is no provision on sitting arrangements; it has just become a tradition since the Eleventh Parliament to date. However, if I go and sit next to Sen. Olekina today, I will not have defected to the Orange Democratic Movement (ODM). I will be exercising my right to sit anywhere in this House.

Mr. Speaker, Sir, this is a very interesting intervention by a good friend, Sen. Mutula Kilonzo Jnr. However, I want to warn that the route that my good friend, Sen. Sakaja, wants to take you, is extremely risky. It is risky because there are 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. Indeed, before Sen. Mutula Kilonzo Jnr. raised the point of order, he consulted me on what the Standing Orders say about this particular thing.

I told him that there is no provision for this. However, the observation made by Sen. Cheruiyot is spot on, because not everything will be provided for in the Standing Orders. However, there is what we call tradition, practice, precedence, custom and the normal procedures that we use. Mr. Speaker, Sir, Standing Order No.1 gives you those powers to make a determination on a matter like this based on precedence. I just want to inform the House that, yes, there is no provision; but we must stick to the practice, precedence and traditions that we have set. Thank you, Mr. Speaker, Sir.

Thank you very much, Mr. Speaker, Sir. There is an imaginary wall between this side and the other side. We might not see it, but it is provided for in the Standing Orders. Before I cross to that side, I must go to the Bar, bow and then cross over to the other side. I am not allowed to take a shortcut to easily cross to the other side. Therefore, apart from this problem – which I think we should follow through – the Westminster practice is adversarial. Therefore, it means one side is pitted against the other. I believe that as per tradition, we should maintain the sides; the Minority and Majority sides. Mr. Speaker, Sir, the Chairman of the Standing Committee on Justice, Legal Affairs and Human Rights did not only break that rule, but he also broke the normal tradition of moving Motions or giving notice of Motions. That should also be done procedurally. He should, therefore, quickly apologise to the House, move over to this side and then give notice for his Motion. Thank you very much, Mr. Speaker, Sir.

Order, Senator! I have not made that ruling. You are not going to make a ruling on behalf of the Speaker. You are, therefore, out of order.

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

Mr. Speaker, Sir, I am not speaking twice, but was it in order for one of the Members who stood to say that ‘it is a route I am taking?’ There is no route I am taking; I am just saying my observation. It is not right to refer us to a Westminster model while we are in a Presidential model. In fact, in Congress, there are no sides. Finally, Mr. Speaker, Sir, as you give us your considered ruling, kindly advise us. We are 67 Senators and given what is happening in this country today in the spirit of the handshake and whatnot, you might find that after the next election, 60 Senators will belong to one party. Will we then all squeeze on one side or will we sit anywhere? Will you consider that as you give us your ruling?

Thank you, Mr. Speaker, Sir. I just wanted those who sit on the other side of the House to note that Sen. Cherargei is the Chairman of the Standing Committee on Justice, Legal Affairs and Human Rights, yet all the legal brains are on this side.

Therefore, it is for convenience---

Order, Sen. Omogeni! Order! You are out of order. All Senators have brains – I do not know whether they are legal or not – but you are out of order!

Mr. Speaker, Sir, we have three Senior Counsel in the House, and they all sit on this side. Therefore, for purposes of easier consultation, Sen. Cherargei has found it more convenient to sit on this side. Because the Standing Orders are silent on this issue, for purposes of giving comfort to the Chairman of the Standing Committee on Justice, Legal Affairs and Human Rights so that he can consult quickly among Senior Counsels, you should rule that he has not breached any of the Standing Orders by choosing to sit closer to where Senior Counsel sit. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. Let me also weigh in on this matter. We should take this as a serious business; that under normal circumstances, when you cross the Floor, you have indeed crossed the Floor. In former traditions, that would then require you to resign. I would have expected that, by now, Sen. Cherargei would have sensed the mood and quietly crossed over to the other side so that he can prosecute his agenda or Motion. Obviously, he is on the wrong side. I would have expected him by now, to have politely and quietly – while the debate is going on, seeking your ruling – moved back to that side so that he can give notice of this Motion properly. Mr. Speaker, Sir, there is so much that goes into it; you take time and pain to walk through there and bow to the Mace before resuming your seat. Surely, for a Motion being moved by a Member from the Government side – because it is obvious that we are not in the Government but in opposition – it should be moved from the other side. 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.

Okay, hon. Senators! Like you have rightly observed, the Standing Orders do not designate a place for a Senator moving anything, except for the leadership. People sit where they are, either for sentimental reasons; you have been sitting there and you are comfortable. Sen. Cherargei is moving the Report as the Chairpersons of the Committee on Legal and Human Rights. He is, therefore, at liberty to move it from wherever he wants.

Mr. Speaker, Sir, let me tell the Minority side that I am a rare breed and that is why they should have me on the other side also.

What is your point of order, Senator for Tana River County? You are not on record.

On a point of order, Mr. Speaker, Sir. Is the Senator who is moving the Motion in order to cross from the other side to this side? I need your guidance. I thought that when he was moving to this side---

Order, Senator! He did not just cross; he passed through the other side. Let us give him time to present his Motion. What is it, Sen. Seneta?

Mr. Speaker, Sir, thank you for giving me a chance. I raised my point of order earlier. This is a House of traditions and order.

I hope you are not challenging my ruling, otherwise, you will be out of order.

Mr. Speaker, Sir, I am not challenging your ruling. However, your direction on this matter will guide many of us on how we can conduct business in this House. If I decide tomorrow to sit where the Senate Minority Leader is supposed to sit, I will have done so according to your ruling today. So, I think you needed to give us direction as to why ---

Order, Senator! You are challenging the Speaker. I was very clear and explicit that the leadership has designated areas, but there are no Standing Orders limiting the Chair from giving direction. Before giving that direction, I had thought about it seriously as the Speaker.

Mr. Speaker, Sir, I stand guided.

Thank you.

.: Mr. Speaker, Sir, on the same point, the seats in the National Assembly are clearly designated. You said that these seats are designated, but they are not. Since we are in the same Parliament, should there be that sort of designation? Sen. Seneta is saying she cannot sit where the Senate Minority Leader sits, not because it is marked, but because that is where he sits. That sort of thing would help what the good Senator was raising. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

That is not a problem. We can physically label them, although if you sit where you are not supposed to, I know you will be uncomfortable. That shall be done.

Sen. Cherargei, proceed.

Thank you, Mr. Speaker, Sir. I beg to give notice of the following Motion: THAT, AWARE that the Senate passed a Motion on “Review of Policy and Legislative Framework on the Fight Against Corruption” by Sen. (Dr.) Isaac Mwaura on 31st May, 2018 and referred it to the Senate Standing Committee on Justice, Legal Affairs and Human Rights for consideration; APPRECIATING, that the duration accorded to the Committee to consider the Motion is due to lapse on 31st July, 2018; REGRETTING, that due to the heavy workload and sheer magnitude of the assignment, the Committee is yet to conclude its deliberations and table its report in the House and requires more time to conduct a further and thorough inquiry into the matter; NOW THEREFORE, the Senate resolves to extend the duration by a further period of thirty (30) days to enable it conclude its work and table its report in the House. Thank you.

Next is Sen. (Prof.) Kamar.

Mr. Speaker, Sir, I beg to give notice of the following Motions:- APPROVAL OF PRC REPORT ON REVIEW OF THE STANDING ORDERS THAT, pursuant to Standing Order No. 246, the Report of the Procedure and Rules Committee laid on the table of the House, today, Tuesday, 7thAugust, 2018, be approved. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Mr. Speaker, Sir, I beg to give notice of 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.

Let us go to the next Order.

Mr. Speaker, Sir, I rise to make a statement pursuant to Standing Order No.46(2)(a) on an accident that happened over the weekend in Mwingi, Kitui County. I wish to draw the attention of the Senate to a grisly road accident that happened in Mwingi Central Constituency of Kitui County on Saturday, 4th August, 2018. The accident claimed the lives of 10 pupils of St. Gabriel’s Boarding Primary School in Mwingi Town. The pupils accompanied by three teachers and the school matron had gone on a trip to Mombasa and were barely three kilometres back home when the accident happened. Before I proceed, I kindly request Hon. Members to rise and observe a minute of silence in honour of the departed innocent souls.

Mr. Speaker, Sir, I wish to condole with the families of the children we lost and pray that God will continue to give those families the strength. There is so much they need to deal with the loss. To the children who were injured in the accident, I wish them quick recovery and to the entire school community, may God’s grace be sufficient for them as they try to come to terms with that most traumatizing accident. As we mourn the innocent children whose lives have been cut short so early, three things stand out, which require the immediate attention of this House and the Government. Night travel and especially long-distance night travel is indeed a very dangerous adventure. It is even more dangerous for school children using school transport in institutions where drivers of school buses are only accustomed to driving short distances. The distance from Mwingi to Mombasa is approximately 600 kilometres and any driver would be fatigued to drive such a long distance. This must be an eye-opener to the relevant authorities to strictly enforce a ban on night travel for school children. There is 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, Senator. As a matter of procedure, I know we are dealing with a tragedy. Normally, it is the Speaker to ask the House to rise to observe a one-minute silence. I did not want to interfere but I thought I should mention that in future, let us observe procedure. Let us have Sen. Mutula Kilonzo Jnr.

Mr. Speaker, Sir, I was impressed that you could rise on somebody else’s orders although unprecedented. Sen. Khaniri said that in the last 26 years, he has not seen anything of the sort. I must say that I am living in good times 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. Farhiya, proceed.

Thank you, Mr. Speaker, Sir. I join my colleagues in condoling with the families, especially the mothers of those children. Only a mother knows the pain another mother will go through. I can tell you that it is very painful to lose a child. Mr. Speaker, Sir, we were told that there was one matron, three teachers and a driver. There was a chain of police officers who were along the way on road blocks or on the side of the road. Each and every person had a responsibility to ensure the safety of those children because 11.00p.m. is not like 11.00a.m., it is night. If I am not wrong, there was a directive by the Ministry of Education stopping travel of school buses at night. Why have all these people not been following that procedure? As a result, lives have been lost. In terms of the pecking order, the driver is at the least fault if you compare a teacher who was in charge of the trip. If those teachers have not perished then I think they also need to be brought to book. I also believe that the matron should be brought to book. A record should be kept because I am sure the police know who is supposed to be at the road block along the route that children died, from 6.00p.m., on that fateful day. They were not supposed to travel from 6.00 p.m., and so, any police officer who was supposed to ensure that the law is followed and did not, then that person also needs to be brought to book. They should be held accountable because they are the custodians of the law in this country. Mr. Speaker, Sir, like everybody else has said, this is a road that is partially damaged. In Wajir County where I come from, there is no road. We have murram roads everywhere but no tarmac from Garissa to the County Headquarters. If we ask the Ministry of Transport and Infrastructure Development to be accountable, then it should The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Sen. Khaniri, proceed.

Mr. Speaker, Sir, I thank you for the opportunity. I rise with a heavy heart. From the onset, I want to say that on my own behalf, my family and the people of Vihiga County, I want to convey my deepest condolences to the affected families who lost their loved ones. I also take this opportunity to wish those who are recovering in Mwingi Level 4 Hospital and KNH a quick recovery. Mr. speaker, Sir, this was an extremely sad incident affecting the most vulnerable; that is our children. We lost very promising lives. I watched news last night and the children who had taken the trip, if what we watched on the news is anything to go by, must have been the brightest of the pupils in that school. So, we have lost very brilliant promising lives in this accident that happened Saturday night. Mr. Speaker, Sir, this culture that we, as a country, have developed of waiting for a disaster to happen, then we start to lament and point fingers must come to an end. We must be proactive and take action. For example, on this particular issue, there was a Government policy that no public buses will be allowed to travel at night. School buses are part of public transport. What happened to the enforcers of this particular policy? It is so sad that we always wait for something to happen then we start lamenting and pointing fingers when we could have corrected it before it occurred. I urge the Government to ensure that the culprits are brought to book. Anybody who caused this to happen, either through omission or commission must pay for it. Secondly, the Government must stand with the families that have lost their children and those that are admitted in hospital to help them meet those expenses. I wish those in hospital a quick recovery and inform their parents that we are praying for them and we hope that God will give them the strength to endure this terrible loss. We pray that the same Almighty God will rest the souls of the young pupils in eternal peace.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to add my voice and offer my condolences to the country for the loss of the 10 children. I also commend you for not making this about yourself and standing in honour of the children as opposed to hierarchies and other considerations. We are proud of you. Mr. Speaker, Sir, I worked most of my life scooping dead bodies on Mombasa Road. The highest killer in this country after certain communicable diseases is our roads. This is not the first time we have lost children on the road. I hope that the death of the 10 children will be a wake-up call for us to find a more lasting solution to road accidents in this country. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you. I can see there is a lot of interest. I will limit the time to three minutes per Senator. Proceed, Sen. Lokorio Petronila.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to express my sympathy and consolation to the families and the school that lost 10 children in a road accident. There is a law we passed here barring school buses from transporting children beyond 6.00 p.m. This bus had an accident at 11.00 p.m. There were policemen, parents and members of the public along that road, but nobody saw it fit to stop the bus because the driver was flouting the law. Kenyans also need to take responsibility. The era of looking aside when somebody’s child is making a mistake is long gone. We should all take responsibility for whatever is happening in this country. It is the frequent accidents by school buses that made the Ministry to Education direct that all school buses be painted in yellow colour. This bus was painted yellow. Does it mean that we need to do something more to school buses other than paint them yellow? Do we need to put the reflectors on them as it is with the trailers? That is something that the Ministry of Education needs to look into. We should also have two drivers per bus. There is a rule to have two drivers per bus so that if one driver is exhausted, the other one can drive. I am not sure whether schools have more than one driver. School drivers should also have some special qualifications other than just a driver’s license. They should have particular number of years of experience other than just having a driver’s license and having driven for two years. There must be a record of the schools they have worked in as drivers. I am sure that some of these schools have all these regulations, but the problem is with their enforcement. Who has the responsibility to enforce some of these rules in our schools? Is it the quality assurance inspectors of schools? If it is, are they not doing their jobs? Who should take responsibility? Therefore, Mr. Speaker, Sir, even as we debate this issue and blame the roads, matrons and teachers for not ensuring that the children had seatbelts, how do we move from here so that we do not have a repeat of this? This Statement should be taken to the relevant Committee so that these issues are looked into, because it is not interesting to lose ten innocent children. Thank you, Mr. Speaker, Sir.

Thank you, Mr. Speaker, Sir. On behalf of the people of Marsabit County and on my own behalf, I send my sincere condolences to the affected families. From what I got from the news today, one family lost two school-going children who were not sick and who had gone for a trip. That is double tragedy for that particular family. As my colleagues have said, something has to be done about law enforcement. We do not lack laws; what we lack is enforcement, and it is high time that our police officers on the road got serious. Mr. Speaker, Sir, concerning what Sen. Wambua said about that road, I know that the road was done about 22 years ago. This is because when I graduated from 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, I have a brief Communication to make.

Thank you, Mr. Speaker, Sir, for giving me this opportunity to pass my condolences, on behalf of my family and the people of Kisii County, to the people of Kitui County for the untimely death of very young and dedicated future leaders of our nation. I watched that clip last night and it was a painful moment when we walk through the motion of the parents who have lost their young ones in that accident without any notification at all. In fact, as I sat there, as a professional, I almost wondered about the amount of psychological trauma that the teachers, parents and the community must have gone through. Mr. Speaker, Sir, it quite obvious that the road is a major trunk road connecting many counties all the way up to Mombasa. When I was the Minister for Health, such a situation arose when we found out that the Nakuru-Kericho-Kisii-Terumo Road experienced many traffic accidents leading to loss of many lives. We then made a conscious decision to create a trauma referral centre at Kericho Hospital and also at Kisii Hospital. Therefore, I expect that the Ministry of Health, together with County Government of Kitui, will now erect one of the state of the art hospitals at Mwingi or wherever the Level Four hospital is; upgrade it to Level Five and, if possible, to Level Six. This is because we can see that whereas this was just one accident, we expect many more accidents – God forbid – happening along that road. Mr. Speaker, Sir, we now need to take proactive action against these kinds of vices. In addition, we need to advice our teachers and students that when they go for a retreat to whichever place, they should consider the time of travel. Travelling long distances leads to mental fatigue, natural wear and tear at any given level for both the driver and the passengers. For them to be replenished, they should measure the time when they are able to travel and when they are not able to travel. Mr. Speaker, Sir, I do not want to dwell on this matter, but this is a matter that now requires national attention. I expected that at the time when the national Government---

Sen. (Prof.) Ongeri, your time is up. Proceed, Sen. Seneta.

Thank you, Mr. Speaker, Sir, for also giving me a chance to condole with the families and the people of Kitui County, on behalf of my family and the people of Kajiado for losing their loved ones. I will point out three things in this particular incident. As many of my colleagues have just said, we have lost quite a number of people through road accidents, not only on that particular road, but also on many other major and small roads in our counties. We keep on burying road accident victims every other day in many parts of this country. Mr. Speaker, Sir, we are not lacking policies; we lack implementation and enforcement of these policies. If there are policies which require public vehicles not to transport children and passengers at night, then it should be enforced. Those who fail to abide by this policy should be brought to book. Mr. Speaker, Sir, secondly, there is the issue of lorries and trucks. Whenever we travel to our counties, we try to avoid truck drivers who drive carelessly. So, the Kenya The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Proceed, Sen. Olekina.

Mr. Speaker, Sir, from the outset, I would like to convey my deepest condolences to the families, on behalf of the people of Narok County, my family and myself. The people of Kitui County have suffered. Those children did not deserve to die. As we think about this sad moment, it gives us an opportunity to try and see what we can do within our powers to ensure that this does not happen again. Some of my colleagues have suggested that there is a law or policy that prohibits night travel. I remember that in January this year, there was a decision by the High Court in Nakuru that found the NTSA Act, which I have also had an opportunity to look at, does not have any provision that restricts night travel. Mr. Speaker, Sir, yesterday, the Governor for Machakos County issued a directive banning all night travels and imposing a fine. I caution that anytime we do anything, it has to be backed by law. If, indeed, there is a law that bans night travel, it should be listed in the laws of Kenya. It should actually be in the NTSA Act. I would caution the Governor for Machakos County that he cannot ban night travel and impose a fine of Kshs50,000. We have an opportunity in this House to amend the NTSA Act and ensure that everything we do is protected by the law. If governors can just wake up and say there is a law and if you break it, you pay Kshs50,000, then I do not know what we will be doing in this House. Mr. Speaker, Sir, I would like us to take this opportunity to look at the NTSA Act, amend it to include a provision that focuses on safety. The Ministry of Education had issued a policy, but it can be more effective. We are a country that is governed by the rule of law. I hope that my brother from Kitui will take this opportunity to introduce amendments to this NTSA Act and provide those provisions of security, so that it is clear. This is a country where people go to court and it is their right to do so. When you go to court, you should present a case. I know that people will go to court tomorrow. We may need to come up with better policies that encourage safety. I like what my sister, Sen. Were, has suggested; that when these students travel at night, they should have at least two drivers; that is, if they have to travel at night. One of the problems we have on our roads, which I have observed having lived outside the country, is that we have encroached so much into our road reserves to a point where there are no rest areas. There are very few rest areas. This is an opportunity for us to consider and look at all our roads network and introduce rest areas. Thank you, Mr. Speaker, Sir. I see my time is over.

Proceed, Sen. Wario.

Asante Bw. Spika kwa kunipatia nafasi hii. Ninatoa rambi rambi zangu za dhati kwa niaba yangu, familia yangu na watu wa Kaunti ya Tana River kufuatia ajali iliyotokea huko Mwingi ambapo vijana walipoteza maisha yao. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Your time is up. Proceed, Sen. (Dr.) Musuruve.

Mr. Speaker, Sir, I thank you very much for giving me an opportunity to condole with the families that have lost their loved ones. On behalf of my family and myself, I pass my condolences. It is really unfortunate that these children had almost reached their destination when the accident happened. It is just like going to the well, fetch water and then, on just reaching at the doorstep, the pot breaks. It is very painful. That is exactly what happened. One mainstream media said that they were three kilometers away from their destination. Another one said that they were two kilometers away from their destination. That tells that they were near their destination and it is very painful. I remember vividly seeing a man on electronic media saying that he had actually spoken to his daughter, who actually confirmed that she had improved to position ten. The father was waiting to meet and commend her for the performance. It is painful that ten students died. These are ten leaders who died. The ten students who died would have probably been ten Senators or even dignitaries, for we do not know what they would have become in the future. It is unfortunate that their lives had to come to a stop at that particular time. I feel sorry for the parents of these children for they are going through psychological trauma and they need psychosocial support. There is need for centres to be put in place to give psychosocial support for people who lose their lives abruptly like this, especially through road accidents. These were children who were not sick but the cruel hand of death took them away in that terrible manner. There is also need for schools to ensure that they implement the provision of traveling during the day.

Thank you, Mr. Speaker, Sir, for giving me the opportunity to condole with the parents and families that lost their children. We commend the policies of the Ministry of Education, Science and Technology that are in place right now and if implemented, they can safeguard these children. 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.

Ahsante sana, Bw. Spika, kwa nafasi hii. Ningependa kuwaambia pole, wale ambao walipoteza wapendwa wao, haswa ile familia ambayo tuliona katika magazeti ambayo imepoteza watahiniwa wawili. Hili ni jambo la huzuni lakini sio jambo jipya. Ni jambo ambalo limezungumziwa mara nyingi lakini hakujakuwa na suluhu ambayo imeweza kupatikana ndio hizi ajali zisifanyike. Wengi wamezungumza juu ya sera ambayo ni muhimi, na sera zipo. Sera moja muhimu ambayo ilikuwa imewekwa ni kwamba; ni lazima basi ambalo linapeleka wanafunzi pahali fulani liendeshwe baina ya masaa fulani; halitakikani kuendeshwa usiku. Jambo la pili ni kwamba, dereva ambaye anaendesha hilo basi, ni lazima awe na mwenzake. Mimi nilijiuliza; ‘kwani, basi hilo ama dereva huyo hangeweza kupumzika ama hawakuwa na mpangilio mwingine ambao ulikuwa umewekwa kuhakikisha ya kwamba wanafunzi hao wanalala pahali fulani?’. Hii ni kwa sababu imesemekana ya kwamba, ajali ilifanyika kwa sababu ilikuwa ni usiku. Ajali hiyo ilifanyika kwa sababu dereva aliacha barabara kwa sababu kulikuwa na kilima ambacho kilimzuia kuona barabara vizuri. Wengi wetu ambao tumekuwa katika barabara, mara nyingi tukifika nyumbani ni lazima tumshukuru Mungu. Huwa tunastaajabu ya kwamba tumefika salmini, kwa sababu ni maajabu ukifika bila ajali. Barabarani, utapata wale ambao wamebeba mizigo mikubwa au mtu ambaye ameingia barabarani katika kona bila kuzingatia usalama wa wenzake. Itakuwa vizuri tukiangalia sera ambazo tumeziweka. Nilisikia kwamba sera hizi zitaangaliwa kuhakikisha ya kwamba zimefuatwa. Nafikiria ya kwamba dereva yule amepelekwa kortini na akifungwa, itakuwa ni dereva mmoja tu. Lakini, ni kwa nini sera zivunjwe? Na kama zimevunjwa, kwa nini ziendelee kuwekwa? Lazima tujiulize na tuhakikishe ya kwamba mambo kama hayo hayafanyiki. Kama ni sera imewekwa, lazima sera ifuatwe na mtu ambaye hatafuata hiyo sera anatikiwa kuadhibiwa vilivyo. Kuna sera nyingi ambazo zinawekwa, kwa mfano, mabasi za shule yapakwe rangi moja. Watu kwa wakati huu wanazungumza kuhusu sare za wanafunzi ambazo zinaonyesha shule wanakotoka. Lakini, ninafikiri ya kwamba tutapata shida kwa sababu sisi kwa mara nyingi tunazungumza juu ya kutunga sera bila kuhakikisha ya kwamba zimefuatwa. Kwa mara nyingine, katika historia ya Kenya, tumeingia katika shida kwa sababu ya ajali kubwa ambayo imetendeka kwa sababu ya kutokufuata sera.

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

Thank you, Mr. Speaker, Sir, for giving me this chance to condole with the parents and the people of Kitui. On behalf of the people of Bomet County, I wish to send my condolences to the bereaved families. I looked at the photographs of the pupils who passed on with a lot of pain. You will realize that many of those kids were the top cream of that school, thus the school lost - as somebody pointed out – engineers, doctors and many other special people that we would have had in the future. The Ministry of Education, Science and Technology has put a rule that no school bus or students should be transported after 6.00 p.m. I am sure that the people concerned did not implement this policy and that is why we have school buses on our roads even past 11p.m. It is unfortunate that we lost these particular children at 11.00 p.m. I am sure that visibility was very dim on the roads and even if they had two drivers, none of them would have been able to negotiate the big lump of soil that was on the road. I am sure that there is somebody in the Ministry of Education, Science and Technology who is sleeping on the job and that is why this rule has been left to die. During this holiday, we have seen many school children travelling and we have to stamp authority to ensure that the policy that has been put in place is followed to the letter. I am sure that if the Level 4 Hospital was working, some of the children would have been saved. However, it is unfortunate to hear that a hospital of that particular level lacked a trauma center and medicine. One of the four pillars of the Jubilee Government is affordable health care. If a Level 4 Hospital does not have the necessary services, what do you expect of the other hospitals? Somebody should be held responsible in that particular hospital. Were there any drugs in that particular hospital? Were there any necessary services or the people on call to receive those pupils or any other people who could be taken to that hospital at that particular time?

Ahsante sana, Bw. Spika, kwa kunipa fursa hii kuchangia arifa iliyoletwa na Seneta wa Kitui; Sen. Wambua. Ninachukua fursa hii kutoa rambirambi zangu binafsi na za watu wa Mombasa kwa watu wa Kitui kutokana na mkasa huu wa ajali uliotokea majuzi. Fikra zangu na maombi yangu yote yako kwa familia hususan ile familia ambayo ilipoteza watoto wawili kutokana na hiyo ajali. Mwenyezi Mungu awaweke mahala pema peponi. Mhe. Spika, swala la ajali barabarani limekuwa donda ndugu katika nchi yetu ya Kenya. Tumeona hapo nyuma mwezi wa nne kulikuwa na ajali zilizotokea na watu wengi wakapoteza maisha yao na mpaka sasa NTSA haijafanya jambo lolote kuzuia ajali hizi. Kuna maswala ya shirika la Transport Licensing Board (TLB) na maafisa wa polisi wa Idara ya Usafiri ambao wanasimama katika kila kaunti kupokea hongo, wakati mwingine ili kuyaruhusu magari ya abiria kubeba zaidi. Pia, magari ambayo yana makosa madogo madogo ya trafiki yanakubaliwa kuendelea na safari. Mhe. Spika, hayo yote yanaweza kukoma iwapo serikali itakaa ngumu na kuhakikisha ya kwamba sheria za barabarani zimedumishwa. Kwa mfano, haiwezekani gari litoke Mombasa na Saa Tano ya usiku likibeba watoto wadogo ambao wanatakiwa wakati kama huo wawe wamelala ili waweze kupumzika na safari na machovu mengi. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Mr. Speaker, Sir, for allowing me also to give my condolences to the affected families. It is a very sad thing that has happened. As a mother, I feel sad together with the Senator from that county. It has become a tradition for us that every holiday, April, August and December, we lose many of our children, which is a very sad thing. There is need for us, as Senators, to speak in one voice so that NTSA can put proper measures in place to provide safety on the roads. There is also need for the drivers not to be overworked. This is because most of the time we save money, but lose lives. It is good for us to recommend that all the school buses should have two drivers when they make these long journeys. There is also need for us to implement the ban on night travel. Many of us get excited when we travel during the night. We think that we save money, time and everything. However, at the end of the day, we are the losers. It is very sad that we have lost these pupils and that the parents and the entire nation are mourning. Our prayer is that God will encourage and give hope to those who have lost their loved ones and comfort the entire nation. At the same time, we recommend that those pupils who have survived be given proper attention in terms of medical care, so that they can recover quickly. Counseling sessions should be started immediately because we know that most of them are candidates. Mr. Speaker, Sir, as I was reading newspapers, many teachers confessed that those pupils who lost their lives were the best performers. It is very sad that we have lost our best performing pupils on the roads and at that time of the hour. We, as Senators, should stand with the families. We must properly vet the people who are driving school vehicles and put measures in place to save lives of our children.

Thank you, Mr. Speaker, Sir,for giving me this opportunity to condole with the families. I support the Statement on the tragedy that befell our children. Mr. Speaker, Sir, my first Statement in this House was with regard to traffic rules. Many of our drives flout these rules with impunity. I remember the tragedy along the Nakuru–Eldoret Highway. We discussed it at length. I hope even with this tragedy, something will be done. Mr. Speaker, Sir, it is painful to lose 10 children. Every life is precious. I saw parents collapsing when they saw the lifeless bodies of their beloved ones in the mortuary. It is high time the Kenya National Highways Authority (KeNHA) put proper road signs in all our major roads. Mombasa Road is one of the killer roads in this country The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

I thank you, hon. Senators. For the convenience of the House, we will defer Orders No.8 and 10 and therefore, move to Order No.10.

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

what is your point of order?

Mr. Speaker, Sir, you had referred a statement to the Senate Committee on Agriculture and given us 30 days. We would like to make the progress report at this point.

Hon. Senator, can we list it for tomorrow?

Mr. Speaker, Sir, it is okay.

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

what is your point of order, Sen. Halake?

Mr. Speaker, Sir, I was just trying to queue early to contribute on the Report of the Select Committee on the Solai Dam Tragedy.

It is okay, since we are on that Order. Next Order.

Let us have, Sen. Halake. Order. I am sorry I was told, Sen. (Dr.) Musuruve, you had five minutes balance. We give you the first chance.

Thank you, Mr. Speaker, Sir, for giving me this chance to continue with the debate in the adoption of the report of the select committee on the Solai Dam Tragedy. It came our clearly from the Report that the tragedy was manmade and deliberate.

I am sorry, Madam Temporary Speaker, I did not notice that there was a change of Chair while I was debating.

Madam Temporary Speaker, it came out clearly from the Report that the tragedy was man made and that it was not an act of God. It also came out clearly that the Patels deliberately did this by diverting the water, because they were cunning. They had projected that they were going to mint money out of the diversion of water. Madam Temporary Speaker, it also came out clearly that there was environmental degradation due to immense soil erosion. A lot of soil was eroded from the first, second and third layer of soil. This erosion will have a terrible impact on food security. For this soil to be replaced, it may require transporting soil from another area and bringing it to this area so that people can move on with their lives. Madam Temporary Speaker, it is unfortunate that, at the moment, people are moving on with their lives. Life moves on for everyone else except for the families which were involved in the Solai Tragedy. Their lives have not moved on and things are not as usual. As we speak today, we have orphans and there is need for us, as a nation, to ask ourselves where they will go. These orphans lack parental support because they do not have their parents; they do not have a roof over their heads or food. This is painful because these orphans have a long journey in life. If there will be any interventions, there is need to ensure that these orphans are taken care of throughout their journey in life. Madam Temporary Speaker, I remember there was such a tragedy during the bombing of the US Embassy bombings Nairobi and many children were orphaned. The American Government took it upon itself to ensure that these orphans moved on with life. They were taken to colleges, some have even become prominent people in life and 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.

Proceed, Sen. Wambua; you have the Floor. I am sorry, Sen. Halake. I will allow Sen. Wambua to proceed, but you will be the next speaker.

Thank you, Madam Temporary Speaker, for this opportunity to add my voice on this Report. I will be brief, but concise. From the Report that was tabled by the Chairman, who is also the Senator for Makueni County, Sen. Mutula Kilonzo Jnr., Perry Mansukh is a person of interest with regard to security operations in Nakuru. This is a man who did not just commit an illegality in the construction of the dam, but also sought to conceal that illegality by attempting to bribe the very people that were adversely affected by his actions. Madam Temporary Speaker, the three national Government representatives in Nakuru County – the Nakuru County Commissioner, the Assistant County Commissioner of Subukia and the Chief of Solai – have no business being in office today. These officers are charged with the responsibility of being the eyes and the ears of the national Government on the ground and protecting the interests of the people they preside over. However, these are the same people who the Report says were working in collaboration with the owners of Solai Dam, by distributing bribes concealed as compensation to the families that were affected by the tragedy. I dare say that these officers should have been suspended by now. Besides being suspended and irrespective of what the outcome of the investigation will be, these people are not fit to hold any public office. I say so because, unfortunately, the County Commissioner is the Chairperson of the Security Committee of Nakuru County by virtue of the position he holds. Madam Temporary Speaker, the Committee has recommended further investigations and grilling of the dam owners and it is unimaginable that the Chairperson of the Nakuru County Security Committee will constitute part of the team that will investigate this matter. I would, therefore, urge that in setting up that team, the security team should not be drawn from Nakuru County. It must be drawn from enforcement agencies and units from outside Nakuru County. The Nakuru County Commissioner, the Subukia Assistant County Commissioner and the Chief of Solai must not sit anywhere near the investigating team, unless they appear before the Committee as persons of interest. Madam Temporary Speaker, I want to add my voice to that of my colleagues who called for justice to be done for the lives that were lost in Solai. It will be important that proper and befitting compensation is given. There is no amount of compensation that can return lost lives. However, there is a level of compensation that will begin to bring 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 very much, Madam Temporary Speaker, for giving me the opportunity to add my voice to that of my colleagues on the issue of Solai Dam Tragedy. It is with great sadness that we keep talking about innocent loss of lives. It appears to me that the lives of the poor do not really count because the manner in which young lives or the lives of people that are less privileged in this country is handled just boggles the mind. Madam Temporary Speaker, before I go into detail, please allow me to congratulate the ad hoc Committee that was set up to look into the Solai Tragedy for a very fine piece of work. We are very proud, as the Senate, to be associated with this Committee that stands for the greater good of this country. Some Members of the Committee went against immense and back stage pressure from different sources and decided that this country is greater than anything that is in their personal interest. For that reason, I would like to congratulate the Chairperson of the Committee, Sen. Mutual Kilonzo Jnr. and other Members of the Committee including Sen. Kasanga, Sen. Sakaja, Sen. (Prof.) Ekal and Sen. Olekina for standing up for Kenyans against impunity and making this House very proud. Madam Temporary Speaker, as I stand here, I am aware that not everybody signed the Committee Report. I do not wish to cast aspersions on anybody, but I would like to say that our country is better because of those who have stood for its greater good and not for personal interests. They have overcome arm-twisting and sacrificed. Having read the Report, the observations that were listed in it are mind boggling. I have said before, informally, that the Solai Dam tragedy Report should mark a turning point for this country. We should use the recommendations of the Solai Dam tragedy Report to fix the many issues that ail our country. The systems, processes, institutions, values and culture of this country have gone to the dogs. The people who are vested with the responsibility to protect the systems of this country have failed us. Mr. Perry Mansukh, who is the owner of Solai Dam, represents many of these faceless people that have brought impunity in this country. When a private investor dams a whole river and becomes the sole provider of water to the residents of an entire region, what does that say about our country? We have the Executive, Judiciary, Legislature and agencies like the Water Resource Management Authority (WARMA), the National Environment Management Authority of Kenya (NEMA) and so on. It is not about all of us drawing salaries and living a good life; we are supposed to look after these issues. I am told that the water was dammed on Watkins River without proper procedure being followed, but nobody is enforcing it. The people of Solai only drink water as and when Mr. Perry Mansukh decides. What kind of leaders preside over that kind of impunity? Madam Temporary Speaker, I could read the recommendations, but I am sure that all of you have read them. I do not know what to call this level of impunity. A revolution is in the offing in this country. This revolution is not about tribes or where we come from. 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.

Very well. Sen. M. Kajwang, proceed.

Thank you, Madam Temporary Speaker. I rise to add my voice to the Senators who have spoken before me in support of the Report of the Committee that was established by this House to look into the Solai Dam tragedy. This Committee has done us proud. It is a Select Committee that has brought back a Report to the House before the expiry of its term. For those of us who have been around for a while, we have seen select Committees established but the reports rarely end up in this House. The Chairperson of this Committee and I served in a select Committee some time back. We were looking at reforms to prisons and borstal institutions and making sure that we align them to the Constitution. We did very impressive recommendations until we tripped on a live wire. The live wire was the fact that Kenyans of high positions have stolen land belonging to prisons across the country. Suddenly, that report never saw the light of day. I congratulate the group that went to the public and then sat down to come up with the 25 recommendations that are before us. I also pay special tribute to our boys and girls at the Kenya Defense Forces (KDF). This is because this Report tells us that they responded quickly and they could have been the only meaningful response to this tragedy. Counties need to have capacity to address disasters. We did not see the county respond. It was KDF that responded. Neither did we see the national Government, unless KDF is now to be considered a national Government entity. Madam Temporary Speaker, it has come a time when we need to start thinking about the mandate of our boys in uniform because we are in an era where wars are no longer fought using bayonets, machetes and rifles but online in social media. We have cyber wars and so we need to make our boys meaningfully engaged in other aspects of national building and construction. Going forward in terms of construction of dams in this Republic, we could make that something that KDF, the National Youth Service (NYS) or any other disciplined Government unit can render. So that we train them properly, let them understand the specifications and be the ones to deliver that service. I have always reflected on the 10 plagues contained in the Bible that the Almighty visited upon Egyptians at the point when Israelites wanted to be freed. Of all the 10 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.

Very well spoken. Let us now have Sen. Kwamboka.

Madam Temporary Speaker, I rise to support this Report fully. I thank Members of the Committee; starting with Sen. Mutula Kilonzo Jnr., Sen. Sakaja, my Senator who never lets Nairobi down, Sen. Kasanga, Sen. Olekina and Sen. (Prof.) Ekal for doing a good job. I thank them for appending their signatures no matter the intimidation and the threats they faced. Kudos to them; I applaud them fully. I got an opportunity to visit the area where the disaster happened. Indeed it was sad. The place where the victims used to call home is no longer home because everything was swept away. A playground is even better because you can find seats. In that area there was completely nothing. It was disastrous. I commend the Committee for observing that the dam had no spillway to drain excess water and there were no licenses for those dams. That is a serious offence because that was a man-made disaster. I disagree with the statement made by owners of the Solai Dam. When they appeared before the Committee, they said that they have been living with the community for their entire lives. My question is: Why did they have to console the victims with money? That is corruption! You cannot compensate people with Kshs100,000 because that is little. If you go there, you will see that the house of Mr. Perry Mansukh is up, the dam is in the middle and villagers stay at the bottom. Why did he not let people stay at the top and the dams to be at a lower level? It is very unfortunate. Nobody is above the law and Mr. Perry Mansukh must carry his cross. They went to Nakuru County telling people that they had no report on the Solai matter. I do not vote for Nakuru but Nairobi but I am concerned and I am in solidary with the Solai victims. It is total shame. If they cannot take the interests of the people who stay close to them, then that is wrong. Those people are voters in Nakuru. The committee that deals with environmental matters should be disbanded by the county assembly. They cannot tell us that they did not have any report concerning the Solai Disaster. Moving on, I fully support the recommendations of the Committee. It is high time that this House came up with an implementation committee to follow up on 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.

We are getting very good debates on this. In fact, it is an important Report. I saw it, it is voluminous but it should be seen to the end. Let us now hear from Sen. Waqo.

Madam Temporary Speaker, thank you for allowing me to stand and add my voice to this very important Report. As I begin, I congratulate the Committee whose names of Members have been well captured in the Report. I congratulate especially the Chair who has portrayed very good leadership skills and has also shown that he is a bold leader. Many times when people are faced with challenges like that, they give up. The cowards always run away but I congratulate our brother because we are proud of what he has done. I was not here when he tabled the Report but I was following and I prayed for him. This Senate is proud of the Committee and we pray that many more will come up and be like his Committee. Madam Temporary Speaker, we have heard so many stories about Parliament and how we can be compromised. I have not come across any of that in my experience for the few months I have been here. People say many things about us, leaders. As I prepare myself to give my comments on this, the saddest bit is when leaders are compromised and give a different story from the truth when we know that lives have been lost. There are those of us who have been touched by national disasters, or a tragedy in life. Therefore, anything like this; touches our lives and moves us completely. My request and prayer to people holding positions in this country and have no feelings for Kenyans, is to try and understand what it means to lose a loved one in such a circumstance. Look at yourself as a human being because your time will come. I am saying this because some have pretended to be very ignorant and have refused to have special feelings for others. In one of John Stott’s books, he said that the world is suffering because we are lacking the listening ear. We are not providing the listening ear to our people. We are here to represent the interests of Kenyans. When discussing such a serious matter and you feel your colleagues are not supporting you, then it is time we, as Kenyans, asked ourselves what we are up to. The tragedy that happened is unfortunate. We lost many lives; women and children. The orphans and widows do not know how to begin their lives again. Therefore, we should all be concerned. The problem with us is that we forget so easily. In 2006, when there was a plane crash in Marsabit involving senior Government officers, I was at home and I got confused. After that, I asked myself; is this country 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.

That is a very passionate debate. Proceed, Sen. Shiyonga.

Thank you much, Madam Temporary Speaker, for giving me this opportunity to add my voice to this Motion. I would like to start by applauding the Committee, led by Sen. Mutula Kilonzo Jnr., for the diligent work done and for the dedication they had to accomplish this giant task. Madam Temporary Speaker, this report, in itself, is an initial step taken towards justice for the people and victims of the tragedy. It is unfortunate that I am speaking today on the tragedy that happened in Solai on the same date when the US Embassy bomb blast tragedy happened in this country. It is also the same date when the Twin Towers tragedy happened in the USA. What a coincidence! Madam Temporary Speaker, it is sad to talk about the 48 generations and innocent souls that were lost in this man made tragedy. Since this afternoon began, we have been talking about tragedies that have befallen our people. It is unfortunate that we have systems, departments and organizations in place which do not realize the essence of human lives in this country. I submit that compensation of the families of the victims 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. Temporary Speaker, Sir, for also giving me a chance to add my voice to this very important Report. From the outset, I congratulate the Committee,which has done quite a commendable job. This time round, we have a Committee that has shown total support to the common poor people of this country. They brought the voice of these people to be heard because this is the first time that the views of the poor against the rich have reached the Floor of this House. I commend them for being bold enough to bring every concernedstakeholderto the table to be listened to and to be heard on this issue of Solai. Mr. Temporary Speaker, Sir, it is unfortunate that there are quite a number of victims of different tragedies in this country, which happened due to negligence. This country has suffered a great loss because of negligence. Just the other day, we saw victims of the Gikomba fire, which was as a result of negligence by some people. Today, The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Thank you, Hon. Senators. I, therefore, call the Mover of the Report of the Select Committee on the Solai Dam tragedy to reply.

Thank you, Mr. Temporary Speaker. First, I would like to thank the Senators for their contributions. I have been here for a while, but I have not heard such passionate speeches. I have listened to Sen. (Rev.) Waqo, Sen. Mugo, Sen. Cherargei, Sen. Cheruiyot, Sen. Halake, Sen. Olekina, Sen. Shiyonga and all the other Senators. The Bible says: “The truth shall set you free.” Unfortunately, the pain that you see in the contribution by Sen. (Rev.) Waqo does not leave; I wish it could go. Sometimes, I wish I did not see the pain that I saw in a pregnant Turkana lady who rescued children from mud and water. That trauma will not go and Solai Primary School will never be the same. So, the truth, in this case, will not set us free. My problem is that the Report is here and we have done what we needed to do. What is going to happen in future is something that I cannot tell. I wish somebody would listen to us. The Senators who have stated here clearly, that this is a country divided into two – the rich and the poor; the haves and the have-nots. This is the county of Karl Marx. If a son of a poor man in Kenya called “Ole somebody” was the owner of this dam, he would not be treated like a prince, like Mr. Perry Mansukh. Mr. Perry Mansukh has had the liberty to fly to India and he is going again. He is flying first class. He is going to fly, do his business and come back because nothing is going to happen to him. The first order to fly, he got it ex parte . Nobody thinks that this man is a criminal. Mr. Temporary Speaker, Sir, if the Director of Public Prosecutions (DPP) had not recommended charges, we would have recommended for this man to be charged with 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, Hon. Senators. I have determined that the Motion does not affect the counties. I, therefore, proceed to put the question.

I call upon the Mover to move the Bill.

Thank you, Mr. Temporary Speaker, Sir, for the opportunity. I want to thank the Chairperson of the Select Committee on the Solai Dam Tragedy and his Committee Members who stood against “the axis of evil”. We are proud of them because they are profiling the Senate very well. Secondly, I did not have the opportunity to condole with the parents who lost 10 children in Mwingi, Kitui County through a road accident. On behalf of the people of Nandi and myself, I want to pass our heartfelt condolences and wish those in hospital a quick recovery. I hope the necessary agencies that are tasked with such work, especially 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, Hon. Chairperson. You need to follow the procedure. In moving the Bill, you need to say; ‘Mr. Temporary Speaker, I beg to move the Bill’ then you read the content of the Bill.

My apologies, Mr. Temporary Speaker, Sir. I think that I was carried away by the Solai issue. Hon. Temporary Speaker, Sir, I beg to move that the Impeachment Procedure Bill (Senate Bills No. 15 of 2018) and indicate that the principal purpose of the Bill is to provide for the procedure---

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

Continue, Sen. (Dr.) Zani.

Thank you, Mr. Temporary Speaker, Sir. I want to go back to the procedure of moving that Bill. I thought that he needed to say that ‘I beg to move that this Bill be read a Second Time’. I think that is what is supposed to be said. Otherwise, we will not have read it a second time which is important.

Proceed, Sen. Cherargei.

Mr. Temporary Speaker, Sir, I beg to move that the Impeachment Procedure Bill (Senate Bills No. 15 of 2018) be now read a Second Time. As I said, I do not know what is happening today. I have had a run-in the whole afternoon, starting from the time when I moved the notice of Motion. I do not know if the Solai issues have affected me. This Bill is for the procedure of the removal of the President, Deputy President, Governor, Deputy Governor and Members of the County Executive. The impeachment process anywhere across the world is a political process. However, we are giving impetus and ensuring that we create a legal framework where the impeachment of the President, Deputy President, Governor, Deputy Governor and Members of the County Executive can be done in a more structured and legal way. It is good to note at this point that Articles 145 and 150(1)(b) and (2) of the Constitution of Kenya have provided for an elaborate procedure on how a President or a Deputy President can be impeached. Therefore, it is “copy and paste”. Essentially, we have relooked at this Bill and the process that is always there has now been elaborated and has been given in detail. The procedure for the removal of the President and the Deputy President by impeachment may be described as an indictment chamber while the Senate is the trial chamber. The Senators are the main people who prosecute while the Senate is the trial 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. Cherargei, you have 23 minutes to continue moving when debate on this Bill resumes. The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate.

Hon. Senators, it is now 6.30 p.m., time to interrupt the business of the Senate. The Senate, therefore, stands adjourned to Wednesday, 8th 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.